As used in this Part
1, the following terms shall have the meanings indicated:
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. In buildings restricted to residence use, the customary family activities not conducted for compensation shall be deemed "accessory uses." "Accessory uses" shall comply with all pollution performance standards of this Part
1.
ADULT CONGREGATE LIVING FACILITYAny building or buildings, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes housing, food service and one or more personal services for four or more adults, not related to the owner or operator by blood or marriage, who require such services. A facility offering personal services for fewer than four adults shall be within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services. The number of beds permitted in an "adult congregate living facility" shall be twice the number of units permitted on any parcel. For the purposes of this Part
1, the term "personal services" shall include, but not be limited to, such services as: individual assistance with or supervision of essential activities of daily living, such as eating, bathing, grooming, dressing and ambulating; supervision of self-administered medication; and other similar services which the department may define. "Personal services" shall not be construed to mean the provisions of medical, nursing, dental or mental health services provided herein or may be provided in any amendment hereto.
ADULT-ORIENTED BUSINESSESAll adult entertainment establishments, including bookstores and theaters, having a significant portion (over 10%) of its stock which has emphasis on matter depicting sexual activity or human genitals; photographic studios which permit the use of their premises for the purpose of photographing human genitals or sexual activities; any bar, bottle club, dance hall, restaurant or other place of business which features exotic dancers, strippers, male or female impersonators or other entertainers or waiters or waitresses, that either engage in sexual activities or display human genitals or any establishment which uses the words "topless," "nude" or "bottomless" in its advertisements or signs.
[Added 4-27-1993 by Ord. No. 93-08]
ANCILLARY NONRESIDENTIAL USEOff-street parking, drainage retention areas and open buffer areas for adjacent contiguous, nonresidential uses.
[Added 9-27-1994 by Ord. No. 94-13]
APARTMENT HOUSEAny building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share means of egress and other essential facilities.
APPEALA request for a review of the South Pasadena Building Official's interpretation, or the Planning and Zoning Board's interpretation of any provision of this chapter or a request for a variance.
BOARDINGHOUSEAny dwelling in which more than two persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
BUILDINGAny structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 100% of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." For the purpose of this Part
1, each portion of a building separated from other portions by a four-hour rated or greater firewall shall be considered as a separate building as defined by the Southern Standard Building Code.
[Amended 6-21-1988 by Ord. No. 88-04]
BUILDING, ACCESSORYA supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
BUILDING AREAThe maximum horizontally projected area of the building at or above grade, exclusive of areas open and unobstructed to the sky.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the existing curbline at the front of the building to the highest point of the roof for flat roofs and mansard roofs, to the eaves of gable, hip or gambrel roofs, not including chimneys, antennas, elevator shafts and mechanicals. In no event shall any habitable space be located above the eaves.
[Amended 5-10-2005 by Ord. No. 2005-02]
BUILDING LINEThe line, established by law, beyond which a building shall not extend, except as specifically provided by law.
BUILDING LINE, FRONTThe line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING OFFICIALThe officer or other person charged with the administration and enforcement of this Part
1 or his duly authorized representative.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
CONVERSIONThe structural and spatial alteration of a residence to produce a greater number of dwelling units than presently exists or any change from one occupancy to another use.
DENSITYThe measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land area.
[Added 3-10-2008 by Ord. No. 2008-01]
DEVELOPERA person or his agent who undertakes the activities covered by these regulations.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICTAny zone of the City for which the regulations governing the use of buildings and premises are uniform.
DWELLINGAny building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include a motel, rooming house, tourist home, hotel, hospital, nursing home, dormitory, fraternity or sorority house.
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, excluding a mobile home.
DWELLING UNITOne or more rooms, including a kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. Apartments and condominium dwelling units shall be considered dwelling units.
[Amended 4-27-1993 by Ord. No. 93-08]
EASEMENTA right-of-way granted for limited use of private property for a public or quasi-public purpose.
ERECTTo construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way establish.
FAMILYOne or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but three of whom, are related to each other by birth, adoption or marriage, as distinguished from residents occupying a boardinghouse, group home, residential center, rooming house, care unit, nursing home, hospital, clinic, motel or hotel.
[Amended 4-27-1993 by Ord. No. 93-08]
FLOOR AREA, GROSSThe sum of the horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces or loading space for motor vehicles.
[Amended 9-27-1994 by Ord. No. 94-13]
FLOOR AREA, NETThe area actually occupied, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.
FLOOR AREA, NET HABITABLEThe net floor area in a structure used for living, sleeping, eating or cooking. A storage garage and utility space and similar areas are not considered habitable space.
FLOOR AREA RATIO (FAR)A measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area.
[Added 9-27-1994 by Ord. No. 94-13; amended 3-10-2008 by Ord. No. 2008-01]
GARAGE, PRIVATEAn enclosed space for the storage of up to three motor vehicles, provided that no business, occupation or service is conducted therein.
GARAGE, PUBLICAny garage other than a private garage, used for the storage and/or rental of more than three automobiles or other motor vehicles.
GROSS LAND AREAGross 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 public road right-of-way.
[Added 3-10-2008 by Ord. No. 2008-01]
HOME-BASED BUSINESSA business is considered a home-based business if it is located in a an area zoned for residential use, operates in whole or in part from a residential property, and meets the criteria of §
130-8B(2).
[Amended 12-14-2021 by Ord. No. 2021-10]
HOTEL/MOTELAny unit or group of units offered or advertised as being available as a place for human habitation for a term of less than one month more than three times in any consecutive twelve-month period regardless of the form of ownership and regardless of whether the occupant has been required to sign a written lease agreement.
[Added 3-10-2008 by Ord. No. 2008-01]
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it is highly resistant to or prevents infiltration by stormwater. It includes surfaces such as compacted sand, limerock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar surfaces.
[Added 9-27-1994 by Ord. No. 94-13]
IMPERVIOUS SURFACE RATIO (ISR)A measure of the intensity of hard-surfaced development on a site. An "impervious surface ratio" is the relationship between the total impervious surface area on a site and the gross land area. The "ISR" is calculated by dividing the square footage of area of all impervious surfaces on the site by the square footage of the gross land area.
[Added 9-27-1994 by Ord. No. 94-13]
IMPROVEMENTS, PUBLICAny of the following: street pavement with curbs and gutters; sidewalks; water mains; sanitary sewers; storm drainage and storm retention; street signs, street trees and other permanent utilities; and improvements as required.
JUNKYARDSConsists of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards.
LANDSCAPING AND GREEN SPACETrees, shrubs, flowers, plants or any grass obtained either by seeding or sodding, and stone gardens or other areas presenting a permeable surface for water or rain.
LOTA tract or parcel of land identified as a single unit.
LOT DEPTHThe mean horizontal distance between the front and rear lines of a lot.
LOT, FRONTThe front boundary line of a lot bordering on the street and, in the case of a corner lot, may include all frontages.
MAINTAINIncludes general servicing and upkeep in a safe and attractive condition.
MANGROVE STANDAn assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the known species.
MARINA DRY DOCKSCommercial or private repair shop facilities for overhauling, refitting and/or repainting watercraft.
MARINA/MARINE WAYSCommercial, public or private facility for docking, landing and/or storage of boats and launches including dry storage in sheds and filling stations.
MEAN HIGH TIDEThe average height of the sea at daily high tide, as established by the United States Geodetic Survey.
MEAN SEA LEVELThe average height of the sea set by the United States Geodetic Survey.
MOBILE HOMEA structure, transported in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Mobile homes shall require a HUD shield or a state certificate issued by the State Department of Community Affairs.
MULTIPLE DWELLINGA building or portion thereof designed for or occupied by three or more families.
[Amended 4-27-1993 by Ord. No. 93-08]
NEW CONSTRUCTIONStructures for which the "start of construction" commenced on or after the effective date of this Part
1.
NONCONFORMING LOTAny lot which does not conform to the minimum width, depth and area dimensions specified for the district where such lot is situated.
NONCONFORMING USEAny building or land use lawfully occupied and used at the time of passing of this Part
1 which does not conform to the regulations contained herein.
NURSING OR CONVALESCENT HOMEAny premises containing sleeping rooms used by persons who are lodged and furnished with meals and nursing care for hire.
OCCUPANCYThe purpose for which a building, or part thereof, is used or intended to be used.
OPEN SPACEAny portion of a lot unencumbered by either a principal or accessory building and open to the sky.
OUTDOOR SEATING AREAAn area outside a permitted public food service establishment or boat licensed to serve food when docked at a commercial marina that provides open air seating and is permitted in accordance with §
130-31 of the City Code.
[Added 10-12-2004 by Ord. No. 2004-08; amended 7-1-2011 by Ord. No. 2011-07]
OWNERThe holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name the tax bills on the property are submitted. It shall also mean any person who, alone or jointly with several others:
A. Shall have legal title to any dwelling or dwelling unit, with or without accompanying possession thereof; or
B. Shall have charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee or guardian of the estate of the owner, mortgagee or vendee in possessions or assignee of rents, lessee or other person, firm or corporation in control of a building or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Part
1 to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the "owner."
PATIOAn improved area used for lounging open to the sky.
PERSONIncludes any person, firm, partnership, association, corporation, company or organization of any kind.
PLAT, FINALA complete and exact subdivision plan prepared for official recording as required by statute and ordinance to identify and define property rights, dedications and public improvements.
POOL, FAMILYA swimming pool, more than 18 inches in depth, used or intended to be used solely by the owner, operator or lessee thereof and his family and friends invited to use it without payment of any fee.
POOL, SWIMMINGA body of water in an artificial or semiartificial receptacle or other container, more than 18 inches in depth, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children, or both.
PUBLIC/SEMIPUBLIC USESThose primary and secondary uses listed under the preservation, recreation/open space and institutional-public Comprehensive Plan categories.
[Added 9-27-1994 by Ord. No. 94-13]
PUBLIC SPACEAll City, county, state and federal street and alley right-of-way lines.
REDEVELOPMENTAny development or development activity which requires a building permit from the City to modify, alter or reconstruct a previously developed site other than activities associated with constructing fences or signs.
[Amended 4-17-1990 by Ord. No. 90-05]
RESIDENTIAL EQUIVALENT USEA residential-like accommodation other than a dwelling unit, including group home, congregate care, nursing home and comparable assisted living facilities. No such use shall be required or eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit. This use shall not include any type of use authorized by Chapter 419, Florida Statutes, Community Residential Homes, which is entitled to be treated as a dwelling unit.
[Added 9-27-1994 by Ord. No. 94-13]
REVERSE FRONTAGE LOTA lot extending between and having frontage on a major traffic street and a minor street which can have no vehicular access from or to a major traffic street.
RIGHT-OF-WAYLands conveyed or dedicated to the public to be used for a street, walkway, drainage facility or other public purpose.
SATELLITE ANTENNAAny parabolic or spherical antenna which receives television or other signals from orbiting satellites or other devices. The height of a ground-mounted antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure. A "satellite antenna" shall be considered as an accessory structure when it is not part of a public utility.
[Added 11-19-1985 by Ord. No. 85-04; amended 4-27-1993 by Ord. No. 93-08]
SHEDA four-sided nonhabitable structure not exceeding eight feet in height from grade to eave line and not exceeding 250 square feet of covered roof area and which is built and used expressly for the shelter and/or enclosure of persons, animals, chattels or property of any kind, excepting motor vehicles, and which has totally enclosing walls on all four sides thereof.
[Amended 5-17-1988 by Ord. No. 88-02]
SHED, OPENA structure encompassing the identical specifications, uses and definitions as a shed, per the above definition of "shed," with the exception that any portion of one side can remain open.
[Amended 5-17-1988 by Ord. No. 88-02]
SIGHT DISTANCEThe minimum extent of unobstructed vision (in the horizontal plane) along a street located at any given point on the street.
SPECIAL EXCEPTION USEA use which, because of its unique characteristics, requires individual consideration in each case by the City Commission before a zoning permit may be issued.
[Added 5-19-1987 by Ord. No. 87-10]
START OF CONSTRUCTIONThe first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading or filling, nor does it include the installation of streets and/or walkways.
STORY, BUILDINGThat portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STREETIncludes avenue, boulevard, parkway, court, highway, way, drive, lane, road, terrace, causeway and expressway.
STREET, ARTERIALA street or highway used primarily for fast and heavy traffic traveling considerable distances.
STREET, COLLECTORA street which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets.
STREET, MINORA street used primarily for access to abutting properties and not for through traffic.
STRUCTURAL ALTERATIONAny change in the structural members of a building such as wall, columns, beams or girders or any addition to any structure.
STRUCTURE, BUILDING'SThat which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof."
SUBDIVISIONThe division of land into two or more lots or parcels.
SUBMERGED LANDThe land area situated below the mean high waterline of a standing body of water, including ocean, estuary, lake, pond, river and stream. For the purpose of this definition, drainage retention areas to be created as a function of development and wetlands shall not be considered as "submerged land."
[Added 9-27-1994 by Ord. No. 94-13]
VARIANCEThe authorized departure from the text of this Part
1 in direct regard to the hardship peculiar to an individual lot in accordance with the procedures set forth in this Part
1, as distinct from rezoning.
VEHICLE FOR HIREAny public conveyance operating under a permit as a car for hire with a minimum charge per passenger.
[Added 4-27-1993 by Ord. No. 93-08]
VISUAL OBSTRUCTIONA fence, hedge, wall or grouping of plants which in any way obstructs cross visibility at a level of three feet above grade within the triangular areas described as follows and as illustrated below
[Amended 4-27-1993 by Ord. No. 93-08]
A. Private-to-private and private-to-public right-of-way intersections. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public or private right-of-way line with two sides of each triangle being 10 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.
B. Public right-of-way intersections. The area of property located at the corner formed by the intersection of two or more public rights-of-way with two sides of a triangular area being 40 feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two sides.
WALKWAYA right-of-way intended primarily for pedestrians.
WATERCOURSEIncludes channel, creek, ditch, drain, dry run, spring, stream and canal, but does not include a lake, pond or pool without an outlet.
YARDAn unoccupied space open to the sky, on the same lot with a building, buildings, structure or structures.
YARD, FRONTAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the "front yard" shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required "front yard."
YARD, REARAn open occupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDEAn open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front line shall be deemed a side line.