A.

No land or building shall be used or occupied, and no part of a building or structure shall be constructed, erected, altered or moved, unless it conforms to all of the regulations specified for the zoning district in which it is or will be located.

B.

No development permit shall be issued unless the proposed building or structure conforms to the standards established in these Land Development Regulations.

C.

No part of a required yard or required open space shall be included as part of a yard or other open space required for another building.

(Code 1992, § 16.60.010.1; Ord. No. 876-G, § 27, 2-21-2008)

A.

Density means the number of dwelling units per buildable land area. "Buildable land area" means the total land area of the lot or parcel, including any man-made lakes, borrow pits, and right-of-way to be dedicated or vacated, and excluding:

1.

Existing dedicated rights-of-way;

2.

Areas beyond the mean high water line;

3.

Natural water features and preservation areas; and

4.

Areas that are not buildable according to state and federal regulations.

B.

No building, structure or land area shall accommodate a greater number of dwelling units than allowed in the zoning district in which it is or will be located.

C.

Densities may exceed the maximum on part of a parcel if the overall density on the parcel does not exceed the maximum density allowed by the zoning district.

D.

Density calculations that result in a fraction shall be rounded down to the nearest whole number when the fraction is less than 0.5 and up to the nearest whole number when the fraction is 0.5 or above.

E.

A variance to the maximum residential density is not allowed. Any request to exceed the maximum residential density requires a rezoning and future land use map amendment, where applicable.

F.

If rights-of-way are to be dedicated as part of any development proposal, the residential density shall be calculated using the total land area including the area of the proposed rights-of-way.

G.

For the conversion of residential equivalent uses (e.g., assisted living facilities, nursing homes) the formula shall be three beds per dwelling unit. The calculation for determining the maximum number of allowable beds shall be based on the maximum number of allowed dwelling units. Bonus density units allowed pursuant to the workforce housing program are not eligible for conversion to beds.

(Code 1992, § 16.60.010.2; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 985-G, § 126, 7-15-2010)

A.

Lot area is the total area of a lot between the boundary lines of the lot. The term "minimum lot area" means the minimum size of the lot required in order to establish a use or building type on the lot. For the purposes of this section, the term "lot" means one or more lots, plots, or parcels of land under common ownership.

B.

No permit for development shall be issued for a lot that does not meet the minimum lot area requirements of the applicable zoning district, except for nonconforming lots of record.

(Code 1992, § 16.60.010.3; Ord. No. 876-G, § 27, 2-21-2008)

A.

The depth of a lot is the distance between the midpoints of the front lot line and the opposite lot line.

B.

The width of a lot is the distance between the midpoints of the side lot lines. For this purpose, "side lot line" means a lot boundary line intersecting the front lot line.

C.

If a lot line is curved, the measurement shall be taken from the midpoint of a straight line connecting the points where the curved lot line intersects other lot lines

Depth and width measurements are illustrated by the following diagrams:

(Code 1992, § 16.60.010.4; Ord. No. 876-G, § 27, 2-21-2008)

A.

Floor area ratio (FAR) is the measurement of intensity of building development of a site. A floor area ratio is the relationship between gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing the sum by the net land area. For example, a floor area ratio of 1.0 means one square foot of building may be constructed for every one square foot of lot area. The following are not included in calculating the floor area:

1.

Public atriums, indoor plazas and courtyards, and porches and covered patios.

2.

Parking structures, except as may otherwise be provided within a zoning district. This includes all ramps, stairs, elevators and mechanical rooms which serve the parking garage as well as any bicycle racks and bicycle storage areas.

3.

Other qualified exemptions for land use types, building design, site layout and orientation features provided within a zoning district.

B.

Unless otherwise stated, all references to nonresidential intensity shall be deemed to refer to floor area ratio (FAR).

C.

Where public rights-of-way are to be dedicated as part of any development proposal, the floor area ratio shall be calculated using the total land area of the proposed new public rights-of-way. The area of existing public rights-of-way shall not be included in the total land area.

D.

The plan provides that in activity centers additional FAR may be allowed by the City provided the City adopts regulations to specifically implement that provision in this chapter. The zoning districts where that additional FAR is allowed specifically identify how much FAR is allowed by identifying the amount of FAR allowed "within activity center." Those zoning districts that do not specifically identify an amount of additional FAR allowed "within activity center" are not allowed to have the additional FAR allowed by the plan.

E.

A variance to the maximum floor area ratio is not allowed, except for residential uses in neighborhood traditional single-family or neighborhood suburban single-family zoning districts. Any other request to exceed the maximum floor area ratio requires a rezoning and future land use map amendment, where applicable.

(Code 1992, § 16.60.010.5; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 166-H, § 17, 5-21-2015; Ord. No. 287-H, § 23, 7-20-2017)

A.

Outside of special flood hazard areas, building height shall be measured from the mean elevation of the existing grade to the beginning of the roofline or roof peak, as determined within the individual zoning districts.

B.

Within special flood hazard areas, building height shall be measured from the required design flood elevation line to the beginning of the roofline or roof peak, as determined within the individual zoning districts. When the Florida Building Code requires the lowest horizontal structural members supporting the lowest floor to be provided at or above the design flood elevation, then building height shall be measured from two-feet above the required design flood elevation to the beginning of the roofline or roof peak, as determined within the individual zoning districts.

C.

Pitched roofs shall be measured at the point farthest from the side of the building and flat roofs with decorative parapets will be measured at the lowest point of the parapet wall. Refer to the images below that illustrate how building height is measured depending on the roof style.

D.

For structures other than buildings, height shall be measured from the mean elevation of the existing grade to the highest point of the structure above the existing grade.

E.

For all properties subject to the Albert Whitted Airport overlay regulations, the building height shall be measured from the mean sea level elevation datum unless specified otherwise.

F.

Exemptions to the maximum height requirements are outlined in the height, maximum allowable and encroachments section.

(Code 1992, § 16.60.010.6; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 166-H, § 18, 5-21-2015; Ord. No. 287-H, § 24, 7-20-2017; Ord. No. 611-H, § 31, 7-10-2025)

The following diagram illustrates the terminology used in these regulations with reference to corner lots ("A"), reverse frontage lots ("B"), interior lots ("C") and through lots ("D"). Some lots can be described as a corner lot or as a reversed frontage lot ("A-B"), or as a reversed frontage lot or interior lots ("B-C").

1.

The term "corner lot" means a lot located at the intersection of two or more streets. A lot with frontage on a curved street shall be considered a corner lot unless the lot approximates a triangle, in which case it shall be considered an interior lot. For this purpose, a lot approximates a triangle if two straight lines, each intersecting the curved street boundary line at a tangent at the points where the side lot lines intersect the curved boundary line, are extended to their point of intersection and form an angle which equals or exceeds 135 degrees.

2.

The term "reversed frontage lot" means a lot in which the shorter roadway frontage is at right angles, or approximately right angles, to the general pattern established by other lots in the same block and in the block on the opposite side of the street. A reversed frontage lot may be a corner lot or an interior lot.

3.

The term "interior lot" means a lot other than a corner lot, with only one frontage on a street other than an alley.

4.

The term "through lot" means a lot other than a corner lot, with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots."

(Code 1992, § 16.60.010.7; Ord. No. 876-G, § 27, 2-21-2008)

For those lots that share characteristics of multiple lot types, the POD shall determine the lot type.

(Ord. No. 287-H, § 40, 7-20-2017)

A.

The term "front yard" means a yard extending between the side lot lines across the portion of a lot adjacent to a roadway.

B.

On a corner lot, the front yard shall be the yard facing the roadway on which the lot has its lesser dimension, provided that on roadways shown on the major street map, front yards shall also be provided abutting such arterial or collector streets.

C.

Combining existing platted lots of record without replatting shall not change the lot frontage due to location of a corner.

D.

On a through lot, both yards facing the roadways shall be front yards.

(Code 1992, § 16.60.010.8.1; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 893-G, § 13(16.60.010.8.1), 9-4-2008)

A.

The term "side yard" means a yard extending along the side of a lot between the rear line of the front yard and the rear lot line.

B.

Where the front yard of a corner lot ("first lot") adjoins the side yard of another lot ("second lot"), the side yard of the second lot shall be not less than the minimum width required by the district regulations between the front and rear yard lines. From the point of intersection of the side yard and rear yard lines, the side yard line shall run in a straight line to the point of intersection of the front yard of the first lot and the common boundary line, as illustrated in the diagram below.

C.

The side yards of a through lot shall extend between the rear lines of the front yards.

(Code 1992, § 16.60.010.8.2; Ord. No. 876-G, § 27, 2-21-2008)

A.

The term "rear yard" means yard extending across the rear of a lot between the side yard lines.

B.

The rear yard shall be at the opposite end of the lot from the front yard, except in the case of through lots and waterfront lots.

C.

On through lots, one frontage may be considered the rear yard when 50 percent or more of the developed through lots in the block have established that frontage as a rear yard by both building design and usage. Where that percentage doesn't exist, the yard which shall be considered a rear yard shall be determined based upon the following order of factors: a) the location of the rear yards of abutting through lots, b) the predominant location of the rear yards of other developed lots on the block, c) the location of the front entry into the house on the subject lot, and d) the relationship of the yard to other yards on abutting properties.

(Code 1992, § 16.60.010.8.3; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 893-G, § 13,(16.60.010.8.3), 9-4-2008; Ord. No. 287-H, § 25, 7-20-2017)

A.

The term "waterfront yard" means a yard on the water side of a waterfront lot.

B.

Waterfront property is hereby defined as property abutting on open water, bays, bayous, lakes over five acres in area, manmade canals and similar navigable waterways.

(Code 1992, § 16.60.010.8.4; Ord. No. 876-G, § 27, 2-21-2008)

A.

Rectangular lots; yard nomenclature, location. The following diagram is intended to illustrate the terminology used with reference to front, side, and rear yards on interior, corner, reversed frontage, and through lots of rectangular shape.

B.

Nonrectangular lots; yard nomenclature, location. The following diagram is intended to illustrate the terminology used in reference to front, side, and rear yards on interior, corner, reversed frontage and through lots of nonrectangular shape.

C.

Measurements. In the measurement of required waterfront yards, depth shall be measured perpendicular to the centerline of the seawall, or waterside lot line or the mean high water line, whichever is closer to the principal structure, for non-seawalled lots.

D.

Yard measurement. In the measurement of required yards, depth shall be measured perpendicular to the property line. In all measurements of yards which would be affected by corner radii at the intersections of streets, it shall be assumed that the lot lines meet at the same angle they would have formed without the corner radii and at the same point.

(Code 1992, § 16.60.010.9; Ord. No. 876-G, § 27, 2-21-2008; Ord. No. 287-H, §§ 26, 27, 7-20-2017)

View triangles shall be considered when determining the location of structures where a waterfront yard setback is required. See fences, walls and hedges section.

(Code 1992, § 16.60.010.10; Ord. No. 876-G, § 27, 2-21-2008)

The building and architectural design standards contained within the zoning district regulations may include a width to height ratio for buildings. Where a proposed building exceeds the width to height ratio, architectural fenestration may be required to create a bay system that reduces the width to height ratio. This may be achieved through the use of pilasters, arcades, building line and roof line off-sets, materials and other architectural features. Examples of the width to height ratio are as follows:

Bay Spacing is 3:1 (width: height)

Bay Spacing is 1:1 (width: height)

(Code 1992, § 16.60.10.11; Ord. No. 876-G, § 27, 2-21-2008)