ZONING AND LAND USES
The unincorporated area of Pinellas County is divided into zoning districts in order to apply the goals, objectives, and policies of the comprehensive plan to specific areas of its jurisdiction. Pinellas County is hereby divided into zoning districts which are depicted on the official zoning map atlas and are set forth as follows:
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 25, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21)
The designations, locations, and boundaries of the various zoning districts, which are described in section 138-311, are shown on the official zoning atlas of the county. This atlas consists of volumes of maps each of which depicts a half section (half square mile) of land or water area and which together comprise a map of the territory of the unincorporated area of the county. Such atlas and all notations, references, data, and other information shown thereon shall, by reference, be adopted and made a part of this chapter.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
The county administrator or the designee is hereby given custody of the county zoning atlas containing the current maps identified in section 138-312 or those which may be added or substituted as provided in this chapter, which maps shall hereby be kept, cared for and maintained in the county administrator or designee's office. This zoning atlas may be maintained in electronic and printed format.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
A new zoning map shall be prepared to reflect any change of a geographic feature; this may include but not limited to a zoning change, an annexation, an approved subdivision plat, or any other feature which is customarily reflected on zoning maps. This shall occur upon adoption of the aforementioned geographic feature changes; however, existing streams, waterbodies, and transportation facilities may be added without formal adoption.
This new zoning map shall be authenticated by the current date and signature of the county administrator or designee and shall become an official map to be placed in the zoning atlas in place of the current map. The replaced zoning map shall then be retired and filed with the clerk of the board of county commissioners.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
The zone classification of the property shown on zoning maps as determined by the legend appearing in the margin of the maps on which such property appears and the boundaries of the several zones as shown on such maps shall be determined by use of the scale shown thereon. Where uncertainty may exist as to the exact location of any zone boundary, the following rules shall apply:
(1)
Where boundaries are indicated as approximately following street and alley lines, military district lines or lot or parcel lines, such lines shall be construed to be such boundaries. In the instance where such street or alleyway lines are used to designate boundaries, then boundaries shall be considered to be the centerline of such private street or alleyway.
(2)
Where a zone boundary line divides a lot or parcel into separate zones, each portion of such lot or parcel shall be limited to the uses prescribed to their particular zoning classification.
(3)
In un-subdivided property, where a district boundary divides a parcel, the location of such boundaries, unless such boundaries are indicated by dimensions, shall be determined by use of the scale appearing on such maps.
(4)
Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.
(5)
In cases of uncertainty, the county administrator, or designee, shall interpret the zoning map to fix the exact location of boundaries. Any such decision may be appealed to the board of county commissioners.
(6)
In cases where a parcel of unzoned submerged land is to be filled, an application for the zoning of such land shall be filed with the zoning section within 30 days after granting of the dredge and fill permit. The clerk of the water and navigation control authority shall notify the zoning section when each such dredge and fill application is granted.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 26, 4-27-21)
(a)
Development shall be limited based on the following measures of density/intensity:
(1)
Residential — measured as dwelling units per acre (D.U./acre).
(2)
Residential equivalent — measured as equivalent beds per dwelling unit.
(3)
Nonresidential — measured as impervious surface ratio (ISR) and floor area ratio (FAR).
(4)
Transient accommodation — measured as transient accommodation units per acre and impervious surface ratio (ISR).
(5)
Mixed uses — The combination of the applicable above referenced standards, when allocated in their respective proportion of the total site area.
(b)
Density and intensity standards are expressed as a maximum, with the upper end of any range being the effective maximum for each underlying future land use map category.
(c)
The number of dwelling units afforded by the permitted density shall be rounded to the nearest whole number.
(d)
Density and intensity shall be based on the site/land area.
(1)
The site/land area for the purpose of computing density/intensity shall be the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or pre-existing dedicated public road right-of-way.
(2)
Drainage detention areas created as a function of development, and wetlands landward of the mean and/or ordinary high water line, shall not be considered submerged land. Jurisdictional wetlands shall be permitted a density transfer of one dwelling unit per acre or an intensity transfer of 0.05 floor area ratio per acre.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
(a)
The maximum density and intensity standards for each zoning district are governed by the underlying future land use map (FLUM) category identified within the Pinellas County Comprehensive Plan. Additional density and intensity limitations may be included in the individual zoning district.
(b)
Compatibility with the future land use category is determined as part of the rezone process.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
(a)
Development rights may be transferred from areas designated for preservation (P) or preservation-resource management (P-RM) on the future land use map (FLUM) to other locations under the same or different ownership, regardless of whether the parcel(s) receiving development rights is (are) contiguous to the sending parcel.
(1)
Areas designated on the FLUM as preservation (P) or preservation-resource management (P-RM) shall have a development rights transfer of up to one residential unit per acre, or a building floor area to lot area ratio (FAR) of up to five percent per acre (nonresidential), depending on the applicable FLUM classification(s).
(2)
Preservation development rights noted above represent development rights that may be transferred from preservation (P) and preservation-resource management (P-RM) FLUM categories to other FLUM categories; actual land uses within preservation (P) and preservation-resource management (P-RM) FLUM categories are restricted to uses permitted by the FLUM rules.
(b)
Development rights associated with dedicated parkland or open space, dedicated drainage areas or drainage easements in conjunction with development, future public park or open space sites, and proposed open space provided in conjunction with new development proposals (e.g., public space within mixed-use projects) may be transferred to other properties, regardless of whether these properties are contiguous to the sending parcel, in accordance with the project's FLUM designation(s) or zoning, whichever is more restrictive. The area within which the transfer occurs must be subject to a site plan, master plan or comparable approval process.
(c)
If the situation in the implementation of 'a' or 'b' above meets the requirements of density/intensity averaging then the provisions for density/intensity averaging under section 138-353 may be utilized.
(d)
The aggregation of development rights between contiguous property(ies) in different FLUM categories that exceed a combined total of five acres is subject to these provisions on transferable development rights, and must be part of a site plan, master plan or comparable approval process.
(e)
Development rights may only be transferred to a receiving parcel that remains consistent with the use characteristics of its given FLUM category, and post transfer of development rights in receiving areas should result in a land use density, intensity and pattern that is compatible with the natural environment, support facilities and services, and the land uses in adjacent and surrounding areas.
(f)
There shall be no transfer of development rights to the recreation/open space (R/OS), preservation (P) or preservation-resource management (P-RM) FLUM categories.
(g)
There shall be no transfer of development rights from the activity center (AC) or mixed use corridor (MUC) categories unless provided for in the applicable community plan or station area plan.
(h)
The nature of submerged lands is such that they do not have development potential in and of themselves. As a result, the intensity of existing and planned development should be based upon a determination of the adjacent upland's natural carrying capacity and suitability for development. Furthermore, the transferring of development rights from submerged lands often makes it extremely difficult to plan the adequate provision of public services and facilities, and frequently results in poor land use transitions resulting in adverse impacts upon adjacent land uses, and may over burden the natural carrying capacity of upland areas. Therefore, there shall be no transfer of any development rights from or to submerged lands.
(i)
The maximum permitted density/intensity of the FLUM category for any parcel of land to which development rights are transferred shall not exceed 25 percent of the otherwise maximum permitted density/intensity allowed for each respective FLUM category applicable to such parcel, except as may be otherwise specifically provided for in an associated community plan or station area plan.
(j)
Where all development rights have previously been transferred from a sending parcel, no additional development rights shall be transferrable from that sending parcel.
(k)
There shall be no transfer of development rights from outside the coastal high hazard area (CHHA) into the CHHA, or from outside the coastal storm area (CSA) into the CSA.
(l)
There shall be no transfer of development rights from existing developed property, irrespective of whether or not that property has been developed to the maximum density/intensity permitted under the FLUM, except for preservation of archaeological, historical, or environmental sites or features.
(m)
Where development rights are transferred from a sending parcel, that property shall only be used in a manner and to the extent specified in the transfer and recording mechanism. Any parcel from which development rights are transferred will be limited to the use and density/intensity that remains after the transfer. In particular:
(1)
The residual development rights on the sending parcel will be limited to the remnant use and density/intensity available under the FLUM category, and not otherwise transferred.
(2)
Determination of available remnant use and density/intensity for any mixed use, or combination of distinct uses, shall be in accord with the consistency criteria as set forth in sections 4.2.3 and 4.2.4 of the countywide rules.
(3)
Neither the use nor density/intensity of a sending parcel shall be double-counted, and the transfer of development rights shall not result in any combination of use or density/intensity above that which was otherwise permitted under the applicable FLUM category for each the sending and receiving parcels, when taken together. Section 4.2.3.5 of the countywide rules enables density bonuses above the category maximums for affordable housing projects irrespective of the transfer of development rights process.
(4)
A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics and density/intensity standards of the R/OS category, except for sending parcels classified as P or P-RM, or required to be classified as P or P-RM as a function of the transfer, in which case such parcels shall be limited to the use characteristics and density/intensity standards of the P or P-RM category.
(n)
Transfer of development rights shall require recording the transfer of density or intensity in the public records with the Clerk of the Circuit Court of Pinellas County in a form approved by the countywide planning authority, and a record copy of same shall be filed with the Pinellas Planning Council.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 27, 4-27-21)
(a)
Density averaging may occur from any future land use map (FLUM) category to any other FLUM category, except as follows:
(1)
There shall be no density/intensity averaging to the preservation (P), preservation-resource management (P-RM) or recreation/open space (R/OS) categories.
(2)
There shall be no density/intensity averaging from the activity center (AC) or mixed-use corridor (MUC) categories, unless provided for in the applicable community plan or station area plan.
(3)
There shall be no density/intensity averaging from or to submerged land, from outside the coastal high hazard area (CHHA) into the CHHA, or from outside the coastal storm area (CSA) into the [CSA].
(b)
Density/intensity averaging may occur only in accordance with the following:
(1)
Aggregation within contiguous property(ies) in the same FLUM category based on the maximum density/intensity allowed in this category.
(2)
Aggregation within contiguous property(ies) in different FLUM categories based on the maximum density/intensity allowed in the combination of applicable categories, provided that the subject area does not exceed a maximum area of five acres.
(3)
When considering a project that incorporates density/intensity averaging, Pinellas County shall ensure that development within the project is compatible with the natural environment, support facilities and services, and the land uses in adjacent and surrounding areas.
(4)
Such aggregation of density/intensity as provided for in either subsection (1) or (2) above shall require the property(ies) to be subject to a site plan, master plan or comparable approval process and a written record of the density/intensity averaging recorded in the public record with the Clerk of the Circuit Court for Pinellas County, and a record of same filed with the Pinellas Planning Council.
(c)
Density/intensity averaging shall be allowed to include any development rights available to, but previously unused by, existing developed property that is being added to or redeveloped using the density/intensity averaging provisions of these mandatory rules.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 28, 4-27-21)
Density/intensity permitted as a function of transfer of development rights or density/intensity averaging through an approved master plan, planned development, or comparable process, prior to April 15, 2010, shall be deemed to be consistent and conforming as to the maximum permitted density/intensity requirements of the Pinellas County Comprehensive Plan.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
Land Uses shall be permitted as defined in Table 138-355—Table of Uses for the Zoning Districts of this Code. The review procedures are further defined in article II of the Zoning Code.
(a)
An "A" in Table 138-355 indicates that the specific use is permitted as an accessory use to other uses within the district. Where an "A", a slash (/), and a number are displayed in the table, the use may be permitted as an accessory use or established as a stand-alone use subject to the corresponding review type (indicated by the number).
(b)
A "1" in Table 138-355 indicates that the specific use is a permitted use and may be established and expanded by a Type 1 review as defined in article II of this chapter.
(c)
A "2" in Table 138-355 indicates that the establishment of the specific use and major expansions thereof, requires a Type 2 review and approval, and subject to conditions as defined in article II of this chapter.
(d)
A "3" in Table 138-355 indicates that the establishment of the specific use and major expansions thereof, requires a Type 3 review and approval, subject to conditions as defined in article II of this chapter.
(e)
A blank in Table 138-355 indicates that the specific use is not allowed in the zone.
(f)
A "Y" in the specific use standards column of Table 138-355 indicates that the specific use is subject to specific land development or operational requirements as defined in article IX of this chapter.
(g)
Uses not listed in Table 138-355 are not allowed in any district, except as provided for in section 138-100, Code interpretations. Uses not listed but similar to those permitted may be allowed as part of an official code interpretation.
(h)
Uses may be further defined, restricted, and/or limited in an approved development master plan, regulating plan, and/or specific area plan. In such cases where one of the aforementioned plans is approved for a property, the allowable uses shall be governed by said plan.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 29, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21; Ord. No. 23-24, § 2, 10-31-23)
Land uses as listed in Table 138-355 — Table of Uses for the Zoning Districts are further defined as follows.
Residential uses.
Accessory dwelling unit means an independently functioning dwelling unit which is an accessory use to the principal use on the same lot or parcel and which has a separate entrance from the primary dwelling unit, separate sleeping quarters, a separate bathroom, and a separate kitchen with a sink, refrigerator, and a cooking unit. These uses are sometimes referred to as "garage apartments," "mother-in-law apartments," and/or "carriage houses."
Accessory dwelling unit, owner/manager means no more than one on-premises dwelling unit that is to be occupied by the owner, lessor, manager, watchman, or custodian in connection with the operation of any permitted or permissible use.
Affordable housing development means a single-family detached housing development in which at least 20 percent of the units are affordable to households at 80 percent of median family income, or a multifamily development in which at least 20 percent of the units are affordable to households at 60 percent of median family income.
Assisted living facility means as defined in F.S. ch. 429, part I, which through its ownership or management provides housing, meals and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
Community residential home, Category 1 and 2 means as defined in F.S. § 419.001.
Dormitory means a building or group of buildings intended to provide sleeping accommodations for unrelated persons who are registered students and/or employees of an educational and/or religious institution on a seasonal or year-round basis. Dormitories are managed by the institution at which the students/employees are associated.
Dwelling, live/work means an establishment that includes a dwelling unit and an area for nonresidential use by the residents.
Dwelling, multiple family and their customary accessory uses means four or more dwelling units on a single lot or parcel, either detached or attached to each other.
Dwelling, single family (attached) and their customary accessory uses means a dwelling unit on a single lot or parcel attached to one or more one-family dwellings by a common vertical wall. There shall be only one single family attached dwelling unit per lot or parcel of ownership.
Dwelling, single family (detached) and their customary accessory uses means a dwelling unit in a single structure, on a single lot or parcel, not attached to any other dwelling unit, unless it is an accessory dwelling unit by any means. There shall be only one single family detached dwelling unit per lot or parcel of ownership.
Dwelling, single family zero lot line and their customary accessory uses means a dwelling unit, on a lot, with a side setback reduced to zero. There shall be only one single family zero lot line dwelling unit per lot or parcel of ownership.
Dwelling, three-family and their customary accessory uses means three dwelling units, on a single lot or parcel, attached to each other by common vertical walls, or by stacking.
Dwelling, two-family and their customary accessory uses means two dwelling units, on a single lot or parcel, attached by a common vertical wall, or by stacking.
Home based business means an accessory use in a residential area consisting of an occupation or business activity performed entirely within a dwelling or authorized accessory structure. The home based business is to be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.
Mobile home and their customary accessory uses means a dwelling unit constructed in a factory before June 15, 1976, or constructed after June 15, 1976 in compliance with the federal Manufactured Home Construction and Safety Standards (the HUD Code) for manufactured homes. Mobile homes are not self-propelled.
Mobile home park and their customary accessory uses means a lot or parcel of land which contains mobile home sites and accessory open areas, recreation, or community facilities for the residents.
Mobile home subdivision and their customary accessory uses means a platted residential subdivision in which the dwelling units consist of mobile homes and accessory residential structures.
Mobile home park redevelopment means as defined in chapter 38, section 38-100, of the Pinellas County Code.
Modern manufactured home means a structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 1, 1994, in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a "HUD-Code Home." This definition does not include recreational vehicle, mobile home or modular home.
Outdoor storage, residential means and area intended to allow for the retention/storage of residential household items outside of the home, garage, or accessory structure for routine or seasonal use.
Property management office, residential means an office that provides management and associated maintenance services for a particular residential or golf course project and may include personnel, accounting, and similar administrative functions as well as equipment storage and workshop areas required for the maintenance of the residential and/or golf course project.
Accommodations
Bed and breakfast inn means a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry.
Hotel/motel means a building or group of buildings containing lodging units intended primarily for rental or lease to short-term visitors by the day or week, and which may provide accessory services such as restaurants, meeting rooms and recreation facilities. Does not include condo hotels.
RV Park/campground means a lot or parcel of land upon which spaces are occupied or intended for occupancy by recreational vehicles (RVs) designed for travel, recreation and vacation uses and which provides temporary residences to visitors.
Short-term vacation rentals means as described in section 138-3232.
Commercial and office uses
Alcohol—Wholesale storage and distribution means the wholesaling, storage and distribution of alcoholic beverages from an enclosed building.
Alcohol Dispensing—On-Premises and off-premises consumption means as descried in section 138-3240.
Alcoholic beverage production—Accessory to a restaurant, small scale, and regional and large scale means as described in section 138-3241.
Artisan means establishments producing a high-quality or distinctive product generally in small quantities, usually by hand or using traditional methods. The retailing of wares produced on site and related materials is allowed.
Bank means establishments providing retail banking services including check cashing, receiving, lending, and safeguarding of money and other valuable items.
Car wash and detailing means establishments providing full- or self-service washing and detailing for motor vehicles and domestic equipment. Retail sale of automotive products is permitted as an accessory use.
Catering service/food service contractor means establishments providing prearranged on- or off-site meal preparation and delivery services for off-site consumption at a lawful principal use. This term shall not include Restaurants which may perform these activities.
Drive-thru facility or use with a drive-thru means an accessory use/structure to a lawful business establishment, such as a fast food restaurant, designed to enable customers in parked vehicles to transact business with persons inside of the principal building, subject to the applicable use restrictions set forth in this chapter.
Food carts/food trucks fixed And mobile means as described in section 138-3247.
Health club/fitness center means as described in section 138-3248.
Kennel/pet care means an establishment where domestic animals are bred, boarded, sold or treated for profit or public service, and housed. This includes personal service functions for pets.
Model dwelling units and pre-construction sales offices means a temporary office used to sell real estate in the associated development.
Motor vehicle sales means establishments engaged in selling and/or leasing of motor vehicles (included automobiles, motorcycles, and similar vehicles).
Office, general means establishments where persons conduct business or carry on stated occupations. The term includes administrative, business and professional offices, radio and television studios, and governmental offices. The term does not include medical or dental offices.
Office, medical means establishments where persons perform routine medical or dental examinations, treatments and procedures (including mental health) as outpatient services.
Office, temporary labor (Day Labor) means establishments where prospective employees gather to seek temporary construction or industrial labor positions, or similar positions of temporary employment.
Office, veterinary means a facility used by veterinarians to treat and examine animals, including accessory indoor boarding of animals.
Outdoor sales, permanent means establishments selling goods and/or garden material where the majority of the sales and display area exists outside of a completely enclosed building.
Personal services means an occupation or service attending primarily to one's personal care or apparel; examples of which include hair and beauty care, clothing repair or alteration, dry cleaning/laundry service (collection and distribution only) and like personal service uses.
Recreation vehicle/boat sales means as described in section 138-3254.
Restaurant means an establishment serving or selling food and/or beverages prepared on the premises, which are generally intended for immediate consumption.
Retail sales and service—Less than 5,000 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the table of uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—5,000 to 19,999 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the Table of Uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—20,000 to 79,999 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the Table of Uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—80,000 square feet or greater means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the table of uses. Square footage limitation is based on individual tenant spaces.
Studio and gallery means establishments used for the production or teaching of art, writing, dance, theater, or similar endeavors of an artistic or creative nature, or sports and recreational endeavors such as martial arts and displaying works of art for retail sale.
Industrial, Manufacturing, and Warehousing Uses
Battery exchange stations means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
Concrete mixing facilities/asphalt means a permanent manufacturing facility for the production of concrete or asphalt.
Contractors yard and building means establishments involved in construction of new buildings, additions, alterations, reconstruction, installation, repairs, demolition, blasting, test drilling, landfilling, leveling, dredging, earthmoving, excavating, land drainage, and other land preparation and development. Accessory office space and outdoor storage is allowed.
Fat, Oil And Grease Facilities means as described in section 138-3262.
Freight trucking means establishments that provide local pickup, local sorting and terminal operations, line-haul, destination sorting and terminal operations, and local delivery for freight trucks.
Laboratories and research and development means establishments engaged in (1) testing and analysis of products, materials or biological organisms; (2) investigation of natural, physical, or social sciences; or (3) engineering and development as an extension of investigation, with the objective of creating an end product. No manufacturing is conducted on the premises except for experimental or testing purposes.
Manufacturing—Light, assembly and processing: Type A means establishments engaged in the manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products with no outdoor storage or processing of equipment or materials of any kind.
Manufacturing—Light, assembly and processing: Type B means establishments engaged in the manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products with no outdoor processing of equipment or materials of any kind. Outside storage is allowed.
Manufacturing—Heavy means establishments engaged in the manufacture, processing or assembly of materials or substances such as concrete, asphalt, or fiberglass into parts or products. Such use may include the outdoor storage and processing of materials and equipment.
Outdoor storage, principal use means as described in section 138-3265.
Publishing and printing means establishments that print books, newspapers or other printed materials, or create, reproduce, or package printed materials or software. Accessory uses such as distribution or circulation facilities are allowed.
Recycling center means establishments that collect, sort, and/or store recyclable materials for ultimate delivery to a processing facility.
Salvage yard means establishments where junk, waste, discarded, salvaged or similar materials such as old metals, wood, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking or salvage yards, used lumber yards, house wrecking yards and yards or places for storage or handling of salvaged house wrecking and structural steel materials. This definition shall not include pawn shops and establishments for the sale, purchase or storage of operative second-hand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances in working order nor shall it apply to the possessing of used, discarded, or salvaged materials as part of manufacturing operations.
Storage, self/mini warehouse means a building designed, arranged and used exclusively for leasing storage space for household goods, business or personal property. Lessees shall not engage in any commercial activities and shall use the premises for storage only.
Vehicle towing means establishments offering local or long-distance towing services for motor vehicles. Vehicle towing establishments may offer incidental services, such as storage and emergency road repair services. This definition shall not include gas stations, automotive repair and maintenance or retailing automotive parts and accessories.
Vehicle fuel/gasoline station means establishments that specialize in retail sales of gasoline or other fuel to the general public.
Vehicle storage, maintenance and repair means establishments providing service, repair and storage of motor vehicles such as buses, cars, boats, recreation vehicles, trucks or heavy equipment.
Transfer station, solid waste means a site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility.
Warehouse means establishments that store, ship and distribute, but do not sell, goods within completely enclosed structures. Warehouse uses may provide a range of services related to the distribution of goods, such as labeling, breaking bulk, inventory control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking and ticketing, and transportation arrangement. Bonded warehousing and storage services are included in this category.
Wholesale establishment means establishments selling goods exclusively to other businesses, are not open to the general public, and that typically operate from a warehouse or other building that does not display merchandise.
Arts, Recreation, and Entertainment Uses
Adult use, adult use establishment, adult use business means as defined in chapter 42, consumer protection, article III, adult uses, of the Pinellas County Code.
Club, community service and fraternal means any not-for-profit organization whose primary purpose is to provide a service which benefits the general public, such as labor and political organizations, business associations and professional membership organizations, and civic and not for profit clubs whose primary function is to provide social and humanitarian services to the community (e.g., Women's Club, League of Women Voters, Garden Club, Junior League, Jaycees, Kiwanis, Masons, Rotary Club, Shriners and others of a similar nature).
Commercial recreation, indoor means privately owned commercial facilities offering indoor athletic courts, swimming pools, skating rinks, skateboard or bicycle racing facilities, waterslides, batting and archery facilities, bowling alleys, amusement parks, entertainment venues including dance halls, and amusement facilities containing games or amusement devices.
Commercial recreation, outdoor means privately owned commercial facilities offering outdoor athletic courts, swimming pools, skating rinks, skateboard or bicycle racing facilities, waterslides, golf driving ranges, batting and archery facilities, amusement parks, entertainment venues, and amusement facilities containing games or amusement devices.
Golf course and accessory structures means land developed and operated as a golf course including tees, fairways, and putting greens, clubhouses, practice greens, and driving ranges.
Museum/cultural facility means establishments for the preservation and public exhibition of objects and places of historical, cultural, or educational value, including historical sites, zoos, and similar uses.
Natural resources and wildlife management uses means activities related to the protection, enhancement and interpretation of natural resources.
Parks and recreation areas—Facility-based high intensity means active high intensity - areas for public and private active outdoor recreational activities that may have higher trip generations than low intensity uses, or have the potential for greater nuisance to adjacent properties due to noise, light, glare, or odor. Examples of such uses include, but are not limited to, golf driving ranges, motor-cross tracks, rodeo venues, and stadiums seating in excess of 500 people.
Parks and recreation areas—Facility-based low intensity means active low intensity - areas for public and private passive outdoor recreational activities. Typical uses include, but are not limited to, parks, playgrounds, and walking, jogging, hiking, and bicycle paths/trails.
Parks and recreation areas—Resource-based means park—area of land set aside for public use with few or no buildings maintained for recreational and/or ornamental purposes. Playground—outdoor area provided for children to play on, especially at a school or park. Such a facility is typified by the placement of various pieces of equipment such as swings and slides. Passive—outdoor leisure activities that are low vehicle trip generators and have a low potential for nuisance to adjacent properties due to noise, light, glare, or odor. Examples include, but are not limited to parks, walking, jogging, hiking, and bicycle paths/trails.
Performing arts venue means establishments used for the enactment of live performances. Dinner theaters are regulated as restaurants and adult theaters are regulated as adult uses.
Shooting range/gun club—Indoor means enclosed firing range with targets for rifle or handgun practice.
Shooting range/gun club—Outdoor means an outdoor facility designed for the firing of arms at targets.
Theater/cinema means establishments that provide plays, dramatic performances, and motion pictures to an audience.
Education, Public Administration, Health Care, and Institutional Uses
Cemetery means land used or intended to be used for the permanent interment of human or pet remains. A cemetery may contain land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated human or pet remains; or any combination of one or more of such structures or places. (Also see F.S. § 497.005.) This type of use is not permitted on individual residential lots.
Congregate care facility/nursing home means as defined in F.S. ch. 400, part II, and F.S. ch. 429, part I. Also see section 138-3291.
Correctional facilities means a building, use or structure, owned or occupied by a federal, state or local government agency, for the purposes of long and short-term and/or permanent housing for persons who are serving terms of imprisonment for violations of criminal laws and/or who are participating in work release programs and/or who have previously served and completed terms of imprisonment for violations of criminal laws.
Crematorium means establishments offering cremation of cadavers. "Cremation" includes any mechanical or thermal process whereby a dead body is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby remains are pulverized, burned, re-cremated, or otherwise further reduced in size or quantity. (Also see F.S. § 497.005.)
Day care facility, child and/or adult means any children's center, day nursery, nursery school, kindergarten, or family day care home as defined by Florida law and as described in section 138-3292.
Day care facility, family means an occupied residence in which childcare is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in childcare, shall be included in the overall capacity of the licensed home. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of four children from birth to 12 months of age. (b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children. (c) A maximum of six preschool children if all are older than 12 months of age. (d) A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.
Environmental education facilities means structures or uses of land for environmental education purposes on public lands.
Funeral home/mortuary means establishments primarily engaged in preparing human cadavers for burial or interment and conducting funerals (e.g., providing facilities for wakes, arranging transportation, selling caskets and related merchandise), includes accessory cremation services.
Government building or use means offices and other facilities such as city halls, courts, public safety facilities, and similar buildings and structures used for administrative, legislative and judicial governmental functions. This does not include correctional facilities or schools.
Hospital/medical clinic means an establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds and equipment and facilities to provide complete health care; may also provide complete health care emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities.
Library means establishments that acquire, research, store, preserve and otherwise maintain collections of books, journals, newspapers, audiovisual recordings, photographs, maps, historic documents, and similar materials for information, research, education, or recreation needs of users.
Meeting hall and other community assembly facility means establishments that provide shelter for public gatherings and communal activities, or other assembly structures, including community halls, reception halls, wedding halls, places of worship and similar facilities that provide a gathering place for community functions. This does not include government offices, or club, community service and fraternal uses.
Nursing home means as defined in F.S. ch. 400, part II, and F.S. ch. 429, part I. Also see section 138-3295.
Probation/parole correction office means a government or non-governmental office use which supervises, case manages, oversees or regulates persons who come to the office who are under court ordered supervision from the federal or state (including county) court system. These uses shall not be considered an "office" or "governmental use."
School, grades pre-k thru 8 means elementary schools, special education facilities, alternative education facilities, and middle schools operated by a public or private entity.
School, grades 9 thru 12 means high schools operated by a public or private entity. (Note: private trade schools are classified under "school, all others.")
School, post-secondary means junior colleges, colleges, universities, and professional schools. These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training.
School, all others means establishments that provide vocational and technical training of nonacademic subjects and trades which are designed to lead to job-specific certification, including beauty schools, computer training, driving education, flight training, and language instruction.
Shelter/transitional housing means a structure that contains open sleeping areas and/or individual sleeping rooms, and where tenancy of all rooms is typically arranged for periods of less than one month furnished with cots, floor mats, or bunks. The shelter may or may not have food preparation or shower facilities. The shelter is managed by a public or nonprofit agency to provide relatively short-term, transitional housing for individuals in need, with or without a fee, on a daily basis.
Transportation, Communication, and Information Uses
Airports (air transportation) means a tract of leveled land where aircraft can take off and land, usually equipped with hard-surfaced landing strips, a control tower, hangars, aircraft maintenance and refueling facilities, and accommodations for passengers and cargo.
Docks and piers means structures built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming and recreational uses; and subject to the requirements of chapter 166, article V, division 3, docks and similar structures.
Heliport and helistops means an area providing for the take-off and landing of helicopters and related fuel facilities (whether fixed or mobile) and appurtenant areas for parking, maintenance, and repair of helicopters.
Marina means a facility, adjacent to and utilizing a body of water which may provide the following: boat storage and launching, docking, minor repair and maintenance of water craft such as washing, polishing, engine tune up, oil change, lubrication, minor outfitting, retail sale of gas, oil, bait, tackle and marine supplies, restaurants or such other customary use commonly found at a retail marina.
Mass transit center means a local and suburban ground passenger transit hub using one or more mode of transport over regular routes and on regular schedules. Does not include individual transit shelters such as a typical bus stop.
Navigation safety devices and structures means as described below:
Aids to Navigation Structures Support visual and audible signal equipment in a fixed location and at a design elevation that establishes the geographical range of the aid.
Major aids to navigation: Complex in design and construction and usually require significant engineering effort, including geotechnical and hydrographic site analysis.
Minor aids to navigation: Structures are relatively simple in design and construction, and are usually made of wood or concrete piles, steel piles, or other steel structural shapes. They can be either lighted or unlighted.
Lighthouses: An enclosed edifice which houses, protects, displays, or supports visual, audible, or radio aids to navigation. These structures are usually made of granite, brick, cast iron plate, monolithic stone, concrete, or steel.
Off-shore tour vessel and water transport means any type of watercraft which has a Coast Guard rated capacity of 125 or more persons and which regularly engages in tours of two hours or longer, including ferries.
Parking, surface—principal use means surface parking areas located outside of structures as a principal use. Surface parking areas reserved for a principal use are accessory uses.
Parking structure means multistory, underground, and rooftop parking facilities.
Transmitting stations, remote radio and television, not including broadcast studios or office means such uses and structures as radio and television transmitting and receiving antennas, radar stations, and microwave towers.
Wireless communication antennae (WCA) means an antenna at a fixed location used for the transmission or reception of wireless communication signals, excluding those antennas used exclusively for dispatch communications by public emergency agencies, ham radio antennas, satellite antennas, those antennas which receive video programming services via multipoint distribution services which are one meter or less in diameter, and those antennas which receive television broadcast signals.
Wireless communication tower means a monopole, guyed or a lattice type tower greater than 15 feet in height designed for the attachment of or as support for wireless communication antennas or other antennas.
Utilities
Biohazardous or hazardous waste storage and treatment means any building, site, structure, or equipment used in an activity or process designed to change the physical form or chemical composition of hazardous waste, as regulated by the Resource Conservation and Recovery Act (RCRA), so as to render it nonhazardous. Biohazardous waste shall be as defined in the Florida Administrative Code.
Power generation plant means a facility that generates electricity by means of geothermal power, burning of coal, oil, or gas, or by hydropower. Accessory generators for hospitals, schools, and other similar uses shall not be considered a power generation facility, nor does the use include solar energy production facilities as defined by this Code.
Solar energy systems means a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). It is the intent of the LDC that energy generated from these systems be limited to on-premises consumption, or for net metering purposes.
Solar energy production facility means a power generation facility which utilizes ground-mounted or building-mounted photovoltaic devices to convert sunlight into electricity primarily for use by off-site consumers. Such facilities do not include solar energy devices or systems that primarily serve a principal use on the site.
Solid waste management and disposal facility means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located.
Solid waste transfer facility means site with the primary purpose of storing or holding solid waste for transport to a management or disposal facility.
Utilities, Class I means transmission lines, whether subterranean or overhead; including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields; effluent disposal systems; cable television and telephone transmission lines; or similar utility lines.
Utilities, Class II means booster stations, pumping stations, switching facilities, substations, lift stations, or other similarly required facilities in connection with telephone, electric, steam, water, sewer, and other similar utilities.
Utilities, Class III means production or treatment facilities such as sewage treatment plants, elevated water storage towers, non-accessory ground storage tanks, or similar facilities. This definition does not include electric power plants and lime stabilization facilities.
Wind Energy Conservation System (WECS), medium scale means an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. Medium scale WECS are those WECS rated 61 kW to 100 kW.
Wind Energy Conservation System (WECS), small scale means an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. Small scale WECS are those WECS rated 60 kW or less.
Agricultural Uses
Agricultural activities, commercial use includes utilization of land to raise, harvest, or sell crops; feed, breed, manage, and sell livestock, poultry, fur-bearing animals, or their produce; dairy and sell dairy products; or any other agricultural or horticultural use, animal husbandry, timber agricultural use, vineyard, aquaculture, or combination thereof. Farm uses include preparation or processing and storage of products raised on such land.
Community gardens means an activity on property where more than one person grows produce and/or horticultural plants for their personal consumption and enjoyment, for the consumptions and enjoyment of friends and relatives and/or donation to a not-for-profit organization, generally on a not-for-profit basis.
Nursery/greenhouse, retail means establishments primarily engaged in retail sales of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly grown elsewhere. These establishments may sell product grown on-site.
Nursery/greenhouse, wholesale means establishments primarily engaged in wholesale sales of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are either grown on site or elsewhere.
Other uses.
Excavation pits and quarries, in excess of 1,000 cubic yards means the removal of 1,000 cubic yards or more of earth material for purposes other than that incidental to and on the site of construction authorized by site plan approval. This shall include land balancing other than that incidental to and on the site of construction authorized by site plan approval.
Land filling of more than 1,000 cubic yards means an addition of 1,000 cubic yards or more of earth, topsoil, sand, mulch, gravel, or rock to any lot or parcel other than that incidental to and on the site of construction authorized by site plan approval. This shall not include any solid waste landfills.
Land filling or excavations of less than 1,000 cubic yards means any landfill or excavation which is more than five cubic yards but less than 1,000 cubic yards.
Animals and Livestock
Farm animals means livestock and/or fowl. Livestock and fowl shall include those animals which are normally considered as farm animals, such as cattle, goats, sheep, horses, ponies, mules, pigs, chickens, ducks, geese, other similar farm animals, and wild animals licensed pursuant to state law.
Backyard chickens means as described in section 138-3351.
Non-traditional pets means as described in section 138-3352. Examples include pot-bellied pigs and pygmy goats. A type-1 path B review is required.
Dog-friendly dining means the program established by F.S. § 509.233 permitting public food service establishments to allow patrons' dogs within certain designated outdoor portions of their respective establishments.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 30, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-22, § 7-30-24)
ZONING AND LAND USES
The unincorporated area of Pinellas County is divided into zoning districts in order to apply the goals, objectives, and policies of the comprehensive plan to specific areas of its jurisdiction. Pinellas County is hereby divided into zoning districts which are depicted on the official zoning map atlas and are set forth as follows:
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 25, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21)
The designations, locations, and boundaries of the various zoning districts, which are described in section 138-311, are shown on the official zoning atlas of the county. This atlas consists of volumes of maps each of which depicts a half section (half square mile) of land or water area and which together comprise a map of the territory of the unincorporated area of the county. Such atlas and all notations, references, data, and other information shown thereon shall, by reference, be adopted and made a part of this chapter.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
The county administrator or the designee is hereby given custody of the county zoning atlas containing the current maps identified in section 138-312 or those which may be added or substituted as provided in this chapter, which maps shall hereby be kept, cared for and maintained in the county administrator or designee's office. This zoning atlas may be maintained in electronic and printed format.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
A new zoning map shall be prepared to reflect any change of a geographic feature; this may include but not limited to a zoning change, an annexation, an approved subdivision plat, or any other feature which is customarily reflected on zoning maps. This shall occur upon adoption of the aforementioned geographic feature changes; however, existing streams, waterbodies, and transportation facilities may be added without formal adoption.
This new zoning map shall be authenticated by the current date and signature of the county administrator or designee and shall become an official map to be placed in the zoning atlas in place of the current map. The replaced zoning map shall then be retired and filed with the clerk of the board of county commissioners.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
The zone classification of the property shown on zoning maps as determined by the legend appearing in the margin of the maps on which such property appears and the boundaries of the several zones as shown on such maps shall be determined by use of the scale shown thereon. Where uncertainty may exist as to the exact location of any zone boundary, the following rules shall apply:
(1)
Where boundaries are indicated as approximately following street and alley lines, military district lines or lot or parcel lines, such lines shall be construed to be such boundaries. In the instance where such street or alleyway lines are used to designate boundaries, then boundaries shall be considered to be the centerline of such private street or alleyway.
(2)
Where a zone boundary line divides a lot or parcel into separate zones, each portion of such lot or parcel shall be limited to the uses prescribed to their particular zoning classification.
(3)
In un-subdivided property, where a district boundary divides a parcel, the location of such boundaries, unless such boundaries are indicated by dimensions, shall be determined by use of the scale appearing on such maps.
(4)
Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.
(5)
In cases of uncertainty, the county administrator, or designee, shall interpret the zoning map to fix the exact location of boundaries. Any such decision may be appealed to the board of county commissioners.
(6)
In cases where a parcel of unzoned submerged land is to be filled, an application for the zoning of such land shall be filed with the zoning section within 30 days after granting of the dredge and fill permit. The clerk of the water and navigation control authority shall notify the zoning section when each such dredge and fill application is granted.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 26, 4-27-21)
(a)
Development shall be limited based on the following measures of density/intensity:
(1)
Residential — measured as dwelling units per acre (D.U./acre).
(2)
Residential equivalent — measured as equivalent beds per dwelling unit.
(3)
Nonresidential — measured as impervious surface ratio (ISR) and floor area ratio (FAR).
(4)
Transient accommodation — measured as transient accommodation units per acre and impervious surface ratio (ISR).
(5)
Mixed uses — The combination of the applicable above referenced standards, when allocated in their respective proportion of the total site area.
(b)
Density and intensity standards are expressed as a maximum, with the upper end of any range being the effective maximum for each underlying future land use map category.
(c)
The number of dwelling units afforded by the permitted density shall be rounded to the nearest whole number.
(d)
Density and intensity shall be based on the site/land area.
(1)
The site/land area for the purpose of computing density/intensity shall be the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or pre-existing dedicated public road right-of-way.
(2)
Drainage detention areas created as a function of development, and wetlands landward of the mean and/or ordinary high water line, shall not be considered submerged land. Jurisdictional wetlands shall be permitted a density transfer of one dwelling unit per acre or an intensity transfer of 0.05 floor area ratio per acre.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
(a)
The maximum density and intensity standards for each zoning district are governed by the underlying future land use map (FLUM) category identified within the Pinellas County Comprehensive Plan. Additional density and intensity limitations may be included in the individual zoning district.
(b)
Compatibility with the future land use category is determined as part of the rezone process.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
(a)
Development rights may be transferred from areas designated for preservation (P) or preservation-resource management (P-RM) on the future land use map (FLUM) to other locations under the same or different ownership, regardless of whether the parcel(s) receiving development rights is (are) contiguous to the sending parcel.
(1)
Areas designated on the FLUM as preservation (P) or preservation-resource management (P-RM) shall have a development rights transfer of up to one residential unit per acre, or a building floor area to lot area ratio (FAR) of up to five percent per acre (nonresidential), depending on the applicable FLUM classification(s).
(2)
Preservation development rights noted above represent development rights that may be transferred from preservation (P) and preservation-resource management (P-RM) FLUM categories to other FLUM categories; actual land uses within preservation (P) and preservation-resource management (P-RM) FLUM categories are restricted to uses permitted by the FLUM rules.
(b)
Development rights associated with dedicated parkland or open space, dedicated drainage areas or drainage easements in conjunction with development, future public park or open space sites, and proposed open space provided in conjunction with new development proposals (e.g., public space within mixed-use projects) may be transferred to other properties, regardless of whether these properties are contiguous to the sending parcel, in accordance with the project's FLUM designation(s) or zoning, whichever is more restrictive. The area within which the transfer occurs must be subject to a site plan, master plan or comparable approval process.
(c)
If the situation in the implementation of 'a' or 'b' above meets the requirements of density/intensity averaging then the provisions for density/intensity averaging under section 138-353 may be utilized.
(d)
The aggregation of development rights between contiguous property(ies) in different FLUM categories that exceed a combined total of five acres is subject to these provisions on transferable development rights, and must be part of a site plan, master plan or comparable approval process.
(e)
Development rights may only be transferred to a receiving parcel that remains consistent with the use characteristics of its given FLUM category, and post transfer of development rights in receiving areas should result in a land use density, intensity and pattern that is compatible with the natural environment, support facilities and services, and the land uses in adjacent and surrounding areas.
(f)
There shall be no transfer of development rights to the recreation/open space (R/OS), preservation (P) or preservation-resource management (P-RM) FLUM categories.
(g)
There shall be no transfer of development rights from the activity center (AC) or mixed use corridor (MUC) categories unless provided for in the applicable community plan or station area plan.
(h)
The nature of submerged lands is such that they do not have development potential in and of themselves. As a result, the intensity of existing and planned development should be based upon a determination of the adjacent upland's natural carrying capacity and suitability for development. Furthermore, the transferring of development rights from submerged lands often makes it extremely difficult to plan the adequate provision of public services and facilities, and frequently results in poor land use transitions resulting in adverse impacts upon adjacent land uses, and may over burden the natural carrying capacity of upland areas. Therefore, there shall be no transfer of any development rights from or to submerged lands.
(i)
The maximum permitted density/intensity of the FLUM category for any parcel of land to which development rights are transferred shall not exceed 25 percent of the otherwise maximum permitted density/intensity allowed for each respective FLUM category applicable to such parcel, except as may be otherwise specifically provided for in an associated community plan or station area plan.
(j)
Where all development rights have previously been transferred from a sending parcel, no additional development rights shall be transferrable from that sending parcel.
(k)
There shall be no transfer of development rights from outside the coastal high hazard area (CHHA) into the CHHA, or from outside the coastal storm area (CSA) into the CSA.
(l)
There shall be no transfer of development rights from existing developed property, irrespective of whether or not that property has been developed to the maximum density/intensity permitted under the FLUM, except for preservation of archaeological, historical, or environmental sites or features.
(m)
Where development rights are transferred from a sending parcel, that property shall only be used in a manner and to the extent specified in the transfer and recording mechanism. Any parcel from which development rights are transferred will be limited to the use and density/intensity that remains after the transfer. In particular:
(1)
The residual development rights on the sending parcel will be limited to the remnant use and density/intensity available under the FLUM category, and not otherwise transferred.
(2)
Determination of available remnant use and density/intensity for any mixed use, or combination of distinct uses, shall be in accord with the consistency criteria as set forth in sections 4.2.3 and 4.2.4 of the countywide rules.
(3)
Neither the use nor density/intensity of a sending parcel shall be double-counted, and the transfer of development rights shall not result in any combination of use or density/intensity above that which was otherwise permitted under the applicable FLUM category for each the sending and receiving parcels, when taken together. Section 4.2.3.5 of the countywide rules enables density bonuses above the category maximums for affordable housing projects irrespective of the transfer of development rights process.
(4)
A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics and density/intensity standards of the R/OS category, except for sending parcels classified as P or P-RM, or required to be classified as P or P-RM as a function of the transfer, in which case such parcels shall be limited to the use characteristics and density/intensity standards of the P or P-RM category.
(n)
Transfer of development rights shall require recording the transfer of density or intensity in the public records with the Clerk of the Circuit Court of Pinellas County in a form approved by the countywide planning authority, and a record copy of same shall be filed with the Pinellas Planning Council.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 27, 4-27-21)
(a)
Density averaging may occur from any future land use map (FLUM) category to any other FLUM category, except as follows:
(1)
There shall be no density/intensity averaging to the preservation (P), preservation-resource management (P-RM) or recreation/open space (R/OS) categories.
(2)
There shall be no density/intensity averaging from the activity center (AC) or mixed-use corridor (MUC) categories, unless provided for in the applicable community plan or station area plan.
(3)
There shall be no density/intensity averaging from or to submerged land, from outside the coastal high hazard area (CHHA) into the CHHA, or from outside the coastal storm area (CSA) into the [CSA].
(b)
Density/intensity averaging may occur only in accordance with the following:
(1)
Aggregation within contiguous property(ies) in the same FLUM category based on the maximum density/intensity allowed in this category.
(2)
Aggregation within contiguous property(ies) in different FLUM categories based on the maximum density/intensity allowed in the combination of applicable categories, provided that the subject area does not exceed a maximum area of five acres.
(3)
When considering a project that incorporates density/intensity averaging, Pinellas County shall ensure that development within the project is compatible with the natural environment, support facilities and services, and the land uses in adjacent and surrounding areas.
(4)
Such aggregation of density/intensity as provided for in either subsection (1) or (2) above shall require the property(ies) to be subject to a site plan, master plan or comparable approval process and a written record of the density/intensity averaging recorded in the public record with the Clerk of the Circuit Court for Pinellas County, and a record of same filed with the Pinellas Planning Council.
(c)
Density/intensity averaging shall be allowed to include any development rights available to, but previously unused by, existing developed property that is being added to or redeveloped using the density/intensity averaging provisions of these mandatory rules.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 28, 4-27-21)
Density/intensity permitted as a function of transfer of development rights or density/intensity averaging through an approved master plan, planned development, or comparable process, prior to April 15, 2010, shall be deemed to be consistent and conforming as to the maximum permitted density/intensity requirements of the Pinellas County Comprehensive Plan.
(Ord. No. 18-36, § 3(Att. B), 10-23-18)
Land Uses shall be permitted as defined in Table 138-355—Table of Uses for the Zoning Districts of this Code. The review procedures are further defined in article II of the Zoning Code.
(a)
An "A" in Table 138-355 indicates that the specific use is permitted as an accessory use to other uses within the district. Where an "A", a slash (/), and a number are displayed in the table, the use may be permitted as an accessory use or established as a stand-alone use subject to the corresponding review type (indicated by the number).
(b)
A "1" in Table 138-355 indicates that the specific use is a permitted use and may be established and expanded by a Type 1 review as defined in article II of this chapter.
(c)
A "2" in Table 138-355 indicates that the establishment of the specific use and major expansions thereof, requires a Type 2 review and approval, and subject to conditions as defined in article II of this chapter.
(d)
A "3" in Table 138-355 indicates that the establishment of the specific use and major expansions thereof, requires a Type 3 review and approval, subject to conditions as defined in article II of this chapter.
(e)
A blank in Table 138-355 indicates that the specific use is not allowed in the zone.
(f)
A "Y" in the specific use standards column of Table 138-355 indicates that the specific use is subject to specific land development or operational requirements as defined in article IX of this chapter.
(g)
Uses not listed in Table 138-355 are not allowed in any district, except as provided for in section 138-100, Code interpretations. Uses not listed but similar to those permitted may be allowed as part of an official code interpretation.
(h)
Uses may be further defined, restricted, and/or limited in an approved development master plan, regulating plan, and/or specific area plan. In such cases where one of the aforementioned plans is approved for a property, the allowable uses shall be governed by said plan.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 29, 4-27-21; Ord. No. 21-21, § 3(Exh. A), 8-24-21; Ord. No. 23-24, § 2, 10-31-23)
Land uses as listed in Table 138-355 — Table of Uses for the Zoning Districts are further defined as follows.
Residential uses.
Accessory dwelling unit means an independently functioning dwelling unit which is an accessory use to the principal use on the same lot or parcel and which has a separate entrance from the primary dwelling unit, separate sleeping quarters, a separate bathroom, and a separate kitchen with a sink, refrigerator, and a cooking unit. These uses are sometimes referred to as "garage apartments," "mother-in-law apartments," and/or "carriage houses."
Accessory dwelling unit, owner/manager means no more than one on-premises dwelling unit that is to be occupied by the owner, lessor, manager, watchman, or custodian in connection with the operation of any permitted or permissible use.
Affordable housing development means a single-family detached housing development in which at least 20 percent of the units are affordable to households at 80 percent of median family income, or a multifamily development in which at least 20 percent of the units are affordable to households at 60 percent of median family income.
Assisted living facility means as defined in F.S. ch. 429, part I, which through its ownership or management provides housing, meals and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
Community residential home, Category 1 and 2 means as defined in F.S. § 419.001.
Dormitory means a building or group of buildings intended to provide sleeping accommodations for unrelated persons who are registered students and/or employees of an educational and/or religious institution on a seasonal or year-round basis. Dormitories are managed by the institution at which the students/employees are associated.
Dwelling, live/work means an establishment that includes a dwelling unit and an area for nonresidential use by the residents.
Dwelling, multiple family and their customary accessory uses means four or more dwelling units on a single lot or parcel, either detached or attached to each other.
Dwelling, single family (attached) and their customary accessory uses means a dwelling unit on a single lot or parcel attached to one or more one-family dwellings by a common vertical wall. There shall be only one single family attached dwelling unit per lot or parcel of ownership.
Dwelling, single family (detached) and their customary accessory uses means a dwelling unit in a single structure, on a single lot or parcel, not attached to any other dwelling unit, unless it is an accessory dwelling unit by any means. There shall be only one single family detached dwelling unit per lot or parcel of ownership.
Dwelling, single family zero lot line and their customary accessory uses means a dwelling unit, on a lot, with a side setback reduced to zero. There shall be only one single family zero lot line dwelling unit per lot or parcel of ownership.
Dwelling, three-family and their customary accessory uses means three dwelling units, on a single lot or parcel, attached to each other by common vertical walls, or by stacking.
Dwelling, two-family and their customary accessory uses means two dwelling units, on a single lot or parcel, attached by a common vertical wall, or by stacking.
Home based business means an accessory use in a residential area consisting of an occupation or business activity performed entirely within a dwelling or authorized accessory structure. The home based business is to be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.
Mobile home and their customary accessory uses means a dwelling unit constructed in a factory before June 15, 1976, or constructed after June 15, 1976 in compliance with the federal Manufactured Home Construction and Safety Standards (the HUD Code) for manufactured homes. Mobile homes are not self-propelled.
Mobile home park and their customary accessory uses means a lot or parcel of land which contains mobile home sites and accessory open areas, recreation, or community facilities for the residents.
Mobile home subdivision and their customary accessory uses means a platted residential subdivision in which the dwelling units consist of mobile homes and accessory residential structures.
Mobile home park redevelopment means as defined in chapter 38, section 38-100, of the Pinellas County Code.
Modern manufactured home means a structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 1, 1994, in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a "HUD-Code Home." This definition does not include recreational vehicle, mobile home or modular home.
Outdoor storage, residential means and area intended to allow for the retention/storage of residential household items outside of the home, garage, or accessory structure for routine or seasonal use.
Property management office, residential means an office that provides management and associated maintenance services for a particular residential or golf course project and may include personnel, accounting, and similar administrative functions as well as equipment storage and workshop areas required for the maintenance of the residential and/or golf course project.
Accommodations
Bed and breakfast inn means a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry.
Hotel/motel means a building or group of buildings containing lodging units intended primarily for rental or lease to short-term visitors by the day or week, and which may provide accessory services such as restaurants, meeting rooms and recreation facilities. Does not include condo hotels.
RV Park/campground means a lot or parcel of land upon which spaces are occupied or intended for occupancy by recreational vehicles (RVs) designed for travel, recreation and vacation uses and which provides temporary residences to visitors.
Short-term vacation rentals means as described in section 138-3232.
Commercial and office uses
Alcohol—Wholesale storage and distribution means the wholesaling, storage and distribution of alcoholic beverages from an enclosed building.
Alcohol Dispensing—On-Premises and off-premises consumption means as descried in section 138-3240.
Alcoholic beverage production—Accessory to a restaurant, small scale, and regional and large scale means as described in section 138-3241.
Artisan means establishments producing a high-quality or distinctive product generally in small quantities, usually by hand or using traditional methods. The retailing of wares produced on site and related materials is allowed.
Bank means establishments providing retail banking services including check cashing, receiving, lending, and safeguarding of money and other valuable items.
Car wash and detailing means establishments providing full- or self-service washing and detailing for motor vehicles and domestic equipment. Retail sale of automotive products is permitted as an accessory use.
Catering service/food service contractor means establishments providing prearranged on- or off-site meal preparation and delivery services for off-site consumption at a lawful principal use. This term shall not include Restaurants which may perform these activities.
Drive-thru facility or use with a drive-thru means an accessory use/structure to a lawful business establishment, such as a fast food restaurant, designed to enable customers in parked vehicles to transact business with persons inside of the principal building, subject to the applicable use restrictions set forth in this chapter.
Food carts/food trucks fixed And mobile means as described in section 138-3247.
Health club/fitness center means as described in section 138-3248.
Kennel/pet care means an establishment where domestic animals are bred, boarded, sold or treated for profit or public service, and housed. This includes personal service functions for pets.
Model dwelling units and pre-construction sales offices means a temporary office used to sell real estate in the associated development.
Motor vehicle sales means establishments engaged in selling and/or leasing of motor vehicles (included automobiles, motorcycles, and similar vehicles).
Office, general means establishments where persons conduct business or carry on stated occupations. The term includes administrative, business and professional offices, radio and television studios, and governmental offices. The term does not include medical or dental offices.
Office, medical means establishments where persons perform routine medical or dental examinations, treatments and procedures (including mental health) as outpatient services.
Office, temporary labor (Day Labor) means establishments where prospective employees gather to seek temporary construction or industrial labor positions, or similar positions of temporary employment.
Office, veterinary means a facility used by veterinarians to treat and examine animals, including accessory indoor boarding of animals.
Outdoor sales, permanent means establishments selling goods and/or garden material where the majority of the sales and display area exists outside of a completely enclosed building.
Personal services means an occupation or service attending primarily to one's personal care or apparel; examples of which include hair and beauty care, clothing repair or alteration, dry cleaning/laundry service (collection and distribution only) and like personal service uses.
Recreation vehicle/boat sales means as described in section 138-3254.
Restaurant means an establishment serving or selling food and/or beverages prepared on the premises, which are generally intended for immediate consumption.
Retail sales and service—Less than 5,000 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the table of uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—5,000 to 19,999 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the Table of Uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—20,000 to 79,999 square feet means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the Table of Uses. Square footage limitation is based on individual tenant spaces.
Retail sales and service—80,000 square feet or greater means establishments operating in an enclosed building involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Does not include activities listed as separate and specific uses in the table of uses. Square footage limitation is based on individual tenant spaces.
Studio and gallery means establishments used for the production or teaching of art, writing, dance, theater, or similar endeavors of an artistic or creative nature, or sports and recreational endeavors such as martial arts and displaying works of art for retail sale.
Industrial, Manufacturing, and Warehousing Uses
Battery exchange stations means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
Concrete mixing facilities/asphalt means a permanent manufacturing facility for the production of concrete or asphalt.
Contractors yard and building means establishments involved in construction of new buildings, additions, alterations, reconstruction, installation, repairs, demolition, blasting, test drilling, landfilling, leveling, dredging, earthmoving, excavating, land drainage, and other land preparation and development. Accessory office space and outdoor storage is allowed.
Fat, Oil And Grease Facilities means as described in section 138-3262.
Freight trucking means establishments that provide local pickup, local sorting and terminal operations, line-haul, destination sorting and terminal operations, and local delivery for freight trucks.
Laboratories and research and development means establishments engaged in (1) testing and analysis of products, materials or biological organisms; (2) investigation of natural, physical, or social sciences; or (3) engineering and development as an extension of investigation, with the objective of creating an end product. No manufacturing is conducted on the premises except for experimental or testing purposes.
Manufacturing—Light, assembly and processing: Type A means establishments engaged in the manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products with no outdoor storage or processing of equipment or materials of any kind.
Manufacturing—Light, assembly and processing: Type B means establishments engaged in the manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products with no outdoor processing of equipment or materials of any kind. Outside storage is allowed.
Manufacturing—Heavy means establishments engaged in the manufacture, processing or assembly of materials or substances such as concrete, asphalt, or fiberglass into parts or products. Such use may include the outdoor storage and processing of materials and equipment.
Outdoor storage, principal use means as described in section 138-3265.
Publishing and printing means establishments that print books, newspapers or other printed materials, or create, reproduce, or package printed materials or software. Accessory uses such as distribution or circulation facilities are allowed.
Recycling center means establishments that collect, sort, and/or store recyclable materials for ultimate delivery to a processing facility.
Salvage yard means establishments where junk, waste, discarded, salvaged or similar materials such as old metals, wood, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking or salvage yards, used lumber yards, house wrecking yards and yards or places for storage or handling of salvaged house wrecking and structural steel materials. This definition shall not include pawn shops and establishments for the sale, purchase or storage of operative second-hand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances in working order nor shall it apply to the possessing of used, discarded, or salvaged materials as part of manufacturing operations.
Storage, self/mini warehouse means a building designed, arranged and used exclusively for leasing storage space for household goods, business or personal property. Lessees shall not engage in any commercial activities and shall use the premises for storage only.
Vehicle towing means establishments offering local or long-distance towing services for motor vehicles. Vehicle towing establishments may offer incidental services, such as storage and emergency road repair services. This definition shall not include gas stations, automotive repair and maintenance or retailing automotive parts and accessories.
Vehicle fuel/gasoline station means establishments that specialize in retail sales of gasoline or other fuel to the general public.
Vehicle storage, maintenance and repair means establishments providing service, repair and storage of motor vehicles such as buses, cars, boats, recreation vehicles, trucks or heavy equipment.
Transfer station, solid waste means a site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility.
Warehouse means establishments that store, ship and distribute, but do not sell, goods within completely enclosed structures. Warehouse uses may provide a range of services related to the distribution of goods, such as labeling, breaking bulk, inventory control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking and ticketing, and transportation arrangement. Bonded warehousing and storage services are included in this category.
Wholesale establishment means establishments selling goods exclusively to other businesses, are not open to the general public, and that typically operate from a warehouse or other building that does not display merchandise.
Arts, Recreation, and Entertainment Uses
Adult use, adult use establishment, adult use business means as defined in chapter 42, consumer protection, article III, adult uses, of the Pinellas County Code.
Club, community service and fraternal means any not-for-profit organization whose primary purpose is to provide a service which benefits the general public, such as labor and political organizations, business associations and professional membership organizations, and civic and not for profit clubs whose primary function is to provide social and humanitarian services to the community (e.g., Women's Club, League of Women Voters, Garden Club, Junior League, Jaycees, Kiwanis, Masons, Rotary Club, Shriners and others of a similar nature).
Commercial recreation, indoor means privately owned commercial facilities offering indoor athletic courts, swimming pools, skating rinks, skateboard or bicycle racing facilities, waterslides, batting and archery facilities, bowling alleys, amusement parks, entertainment venues including dance halls, and amusement facilities containing games or amusement devices.
Commercial recreation, outdoor means privately owned commercial facilities offering outdoor athletic courts, swimming pools, skating rinks, skateboard or bicycle racing facilities, waterslides, golf driving ranges, batting and archery facilities, amusement parks, entertainment venues, and amusement facilities containing games or amusement devices.
Golf course and accessory structures means land developed and operated as a golf course including tees, fairways, and putting greens, clubhouses, practice greens, and driving ranges.
Museum/cultural facility means establishments for the preservation and public exhibition of objects and places of historical, cultural, or educational value, including historical sites, zoos, and similar uses.
Natural resources and wildlife management uses means activities related to the protection, enhancement and interpretation of natural resources.
Parks and recreation areas—Facility-based high intensity means active high intensity - areas for public and private active outdoor recreational activities that may have higher trip generations than low intensity uses, or have the potential for greater nuisance to adjacent properties due to noise, light, glare, or odor. Examples of such uses include, but are not limited to, golf driving ranges, motor-cross tracks, rodeo venues, and stadiums seating in excess of 500 people.
Parks and recreation areas—Facility-based low intensity means active low intensity - areas for public and private passive outdoor recreational activities. Typical uses include, but are not limited to, parks, playgrounds, and walking, jogging, hiking, and bicycle paths/trails.
Parks and recreation areas—Resource-based means park—area of land set aside for public use with few or no buildings maintained for recreational and/or ornamental purposes. Playground—outdoor area provided for children to play on, especially at a school or park. Such a facility is typified by the placement of various pieces of equipment such as swings and slides. Passive—outdoor leisure activities that are low vehicle trip generators and have a low potential for nuisance to adjacent properties due to noise, light, glare, or odor. Examples include, but are not limited to parks, walking, jogging, hiking, and bicycle paths/trails.
Performing arts venue means establishments used for the enactment of live performances. Dinner theaters are regulated as restaurants and adult theaters are regulated as adult uses.
Shooting range/gun club—Indoor means enclosed firing range with targets for rifle or handgun practice.
Shooting range/gun club—Outdoor means an outdoor facility designed for the firing of arms at targets.
Theater/cinema means establishments that provide plays, dramatic performances, and motion pictures to an audience.
Education, Public Administration, Health Care, and Institutional Uses
Cemetery means land used or intended to be used for the permanent interment of human or pet remains. A cemetery may contain land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated human or pet remains; or any combination of one or more of such structures or places. (Also see F.S. § 497.005.) This type of use is not permitted on individual residential lots.
Congregate care facility/nursing home means as defined in F.S. ch. 400, part II, and F.S. ch. 429, part I. Also see section 138-3291.
Correctional facilities means a building, use or structure, owned or occupied by a federal, state or local government agency, for the purposes of long and short-term and/or permanent housing for persons who are serving terms of imprisonment for violations of criminal laws and/or who are participating in work release programs and/or who have previously served and completed terms of imprisonment for violations of criminal laws.
Crematorium means establishments offering cremation of cadavers. "Cremation" includes any mechanical or thermal process whereby a dead body is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby remains are pulverized, burned, re-cremated, or otherwise further reduced in size or quantity. (Also see F.S. § 497.005.)
Day care facility, child and/or adult means any children's center, day nursery, nursery school, kindergarten, or family day care home as defined by Florida law and as described in section 138-3292.
Day care facility, family means an occupied residence in which childcare is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in childcare, shall be included in the overall capacity of the licensed home. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of four children from birth to 12 months of age. (b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children. (c) A maximum of six preschool children if all are older than 12 months of age. (d) A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.
Environmental education facilities means structures or uses of land for environmental education purposes on public lands.
Funeral home/mortuary means establishments primarily engaged in preparing human cadavers for burial or interment and conducting funerals (e.g., providing facilities for wakes, arranging transportation, selling caskets and related merchandise), includes accessory cremation services.
Government building or use means offices and other facilities such as city halls, courts, public safety facilities, and similar buildings and structures used for administrative, legislative and judicial governmental functions. This does not include correctional facilities or schools.
Hospital/medical clinic means an establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds and equipment and facilities to provide complete health care; may also provide complete health care emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities.
Library means establishments that acquire, research, store, preserve and otherwise maintain collections of books, journals, newspapers, audiovisual recordings, photographs, maps, historic documents, and similar materials for information, research, education, or recreation needs of users.
Meeting hall and other community assembly facility means establishments that provide shelter for public gatherings and communal activities, or other assembly structures, including community halls, reception halls, wedding halls, places of worship and similar facilities that provide a gathering place for community functions. This does not include government offices, or club, community service and fraternal uses.
Nursing home means as defined in F.S. ch. 400, part II, and F.S. ch. 429, part I. Also see section 138-3295.
Probation/parole correction office means a government or non-governmental office use which supervises, case manages, oversees or regulates persons who come to the office who are under court ordered supervision from the federal or state (including county) court system. These uses shall not be considered an "office" or "governmental use."
School, grades pre-k thru 8 means elementary schools, special education facilities, alternative education facilities, and middle schools operated by a public or private entity.
School, grades 9 thru 12 means high schools operated by a public or private entity. (Note: private trade schools are classified under "school, all others.")
School, post-secondary means junior colleges, colleges, universities, and professional schools. These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training.
School, all others means establishments that provide vocational and technical training of nonacademic subjects and trades which are designed to lead to job-specific certification, including beauty schools, computer training, driving education, flight training, and language instruction.
Shelter/transitional housing means a structure that contains open sleeping areas and/or individual sleeping rooms, and where tenancy of all rooms is typically arranged for periods of less than one month furnished with cots, floor mats, or bunks. The shelter may or may not have food preparation or shower facilities. The shelter is managed by a public or nonprofit agency to provide relatively short-term, transitional housing for individuals in need, with or without a fee, on a daily basis.
Transportation, Communication, and Information Uses
Airports (air transportation) means a tract of leveled land where aircraft can take off and land, usually equipped with hard-surfaced landing strips, a control tower, hangars, aircraft maintenance and refueling facilities, and accommodations for passengers and cargo.
Docks and piers means structures built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming and recreational uses; and subject to the requirements of chapter 166, article V, division 3, docks and similar structures.
Heliport and helistops means an area providing for the take-off and landing of helicopters and related fuel facilities (whether fixed or mobile) and appurtenant areas for parking, maintenance, and repair of helicopters.
Marina means a facility, adjacent to and utilizing a body of water which may provide the following: boat storage and launching, docking, minor repair and maintenance of water craft such as washing, polishing, engine tune up, oil change, lubrication, minor outfitting, retail sale of gas, oil, bait, tackle and marine supplies, restaurants or such other customary use commonly found at a retail marina.
Mass transit center means a local and suburban ground passenger transit hub using one or more mode of transport over regular routes and on regular schedules. Does not include individual transit shelters such as a typical bus stop.
Navigation safety devices and structures means as described below:
Aids to Navigation Structures Support visual and audible signal equipment in a fixed location and at a design elevation that establishes the geographical range of the aid.
Major aids to navigation: Complex in design and construction and usually require significant engineering effort, including geotechnical and hydrographic site analysis.
Minor aids to navigation: Structures are relatively simple in design and construction, and are usually made of wood or concrete piles, steel piles, or other steel structural shapes. They can be either lighted or unlighted.
Lighthouses: An enclosed edifice which houses, protects, displays, or supports visual, audible, or radio aids to navigation. These structures are usually made of granite, brick, cast iron plate, monolithic stone, concrete, or steel.
Off-shore tour vessel and water transport means any type of watercraft which has a Coast Guard rated capacity of 125 or more persons and which regularly engages in tours of two hours or longer, including ferries.
Parking, surface—principal use means surface parking areas located outside of structures as a principal use. Surface parking areas reserved for a principal use are accessory uses.
Parking structure means multistory, underground, and rooftop parking facilities.
Transmitting stations, remote radio and television, not including broadcast studios or office means such uses and structures as radio and television transmitting and receiving antennas, radar stations, and microwave towers.
Wireless communication antennae (WCA) means an antenna at a fixed location used for the transmission or reception of wireless communication signals, excluding those antennas used exclusively for dispatch communications by public emergency agencies, ham radio antennas, satellite antennas, those antennas which receive video programming services via multipoint distribution services which are one meter or less in diameter, and those antennas which receive television broadcast signals.
Wireless communication tower means a monopole, guyed or a lattice type tower greater than 15 feet in height designed for the attachment of or as support for wireless communication antennas or other antennas.
Utilities
Biohazardous or hazardous waste storage and treatment means any building, site, structure, or equipment used in an activity or process designed to change the physical form or chemical composition of hazardous waste, as regulated by the Resource Conservation and Recovery Act (RCRA), so as to render it nonhazardous. Biohazardous waste shall be as defined in the Florida Administrative Code.
Power generation plant means a facility that generates electricity by means of geothermal power, burning of coal, oil, or gas, or by hydropower. Accessory generators for hospitals, schools, and other similar uses shall not be considered a power generation facility, nor does the use include solar energy production facilities as defined by this Code.
Solar energy systems means a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). It is the intent of the LDC that energy generated from these systems be limited to on-premises consumption, or for net metering purposes.
Solar energy production facility means a power generation facility which utilizes ground-mounted or building-mounted photovoltaic devices to convert sunlight into electricity primarily for use by off-site consumers. Such facilities do not include solar energy devices or systems that primarily serve a principal use on the site.
Solid waste management and disposal facility means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located.
Solid waste transfer facility means site with the primary purpose of storing or holding solid waste for transport to a management or disposal facility.
Utilities, Class I means transmission lines, whether subterranean or overhead; including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields; effluent disposal systems; cable television and telephone transmission lines; or similar utility lines.
Utilities, Class II means booster stations, pumping stations, switching facilities, substations, lift stations, or other similarly required facilities in connection with telephone, electric, steam, water, sewer, and other similar utilities.
Utilities, Class III means production or treatment facilities such as sewage treatment plants, elevated water storage towers, non-accessory ground storage tanks, or similar facilities. This definition does not include electric power plants and lime stabilization facilities.
Wind Energy Conservation System (WECS), medium scale means an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. Medium scale WECS are those WECS rated 61 kW to 100 kW.
Wind Energy Conservation System (WECS), small scale means an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. Small scale WECS are those WECS rated 60 kW or less.
Agricultural Uses
Agricultural activities, commercial use includes utilization of land to raise, harvest, or sell crops; feed, breed, manage, and sell livestock, poultry, fur-bearing animals, or their produce; dairy and sell dairy products; or any other agricultural or horticultural use, animal husbandry, timber agricultural use, vineyard, aquaculture, or combination thereof. Farm uses include preparation or processing and storage of products raised on such land.
Community gardens means an activity on property where more than one person grows produce and/or horticultural plants for their personal consumption and enjoyment, for the consumptions and enjoyment of friends and relatives and/or donation to a not-for-profit organization, generally on a not-for-profit basis.
Nursery/greenhouse, retail means establishments primarily engaged in retail sales of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly grown elsewhere. These establishments may sell product grown on-site.
Nursery/greenhouse, wholesale means establishments primarily engaged in wholesale sales of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are either grown on site or elsewhere.
Other uses.
Excavation pits and quarries, in excess of 1,000 cubic yards means the removal of 1,000 cubic yards or more of earth material for purposes other than that incidental to and on the site of construction authorized by site plan approval. This shall include land balancing other than that incidental to and on the site of construction authorized by site plan approval.
Land filling of more than 1,000 cubic yards means an addition of 1,000 cubic yards or more of earth, topsoil, sand, mulch, gravel, or rock to any lot or parcel other than that incidental to and on the site of construction authorized by site plan approval. This shall not include any solid waste landfills.
Land filling or excavations of less than 1,000 cubic yards means any landfill or excavation which is more than five cubic yards but less than 1,000 cubic yards.
Animals and Livestock
Farm animals means livestock and/or fowl. Livestock and fowl shall include those animals which are normally considered as farm animals, such as cattle, goats, sheep, horses, ponies, mules, pigs, chickens, ducks, geese, other similar farm animals, and wild animals licensed pursuant to state law.
Backyard chickens means as described in section 138-3351.
Non-traditional pets means as described in section 138-3352. Examples include pot-bellied pigs and pygmy goats. A type-1 path B review is required.
Dog-friendly dining means the program established by F.S. § 509.233 permitting public food service establishments to allow patrons' dogs within certain designated outdoor portions of their respective establishments.
(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 30, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-22, § 7-30-24)