This chapter shall be known as the zoning regulations of the city, and shall apply to the incorporated area of the city. The regulations herein established shall be construed to be minimum requirements.

(Ord. No. 1974-C, Art. I, 9-17-74)

The city council, pursuant to authority granted to them ordain that the following articles and sections and appendices be, and the same is hereby adopted.

(Ord. No. 1974-C, Art. II, 9-17-74)

It is the purpose of this chapter to promote, protect and improve the public health, safety, comfort, convenience, prosperity and general welfare of the citizens of the city; similarly it is the intent of the chapter to establish standards of development which will encourage the sound economic utilization of the land and the creation of a healthful living environment.

(Ord. No. 1974-C, Art. III, 9-17-74)

Except where definitions are used within a specific article or section of this chapter, for the purpose of such sections the following terms, phrases, words and their derivation shall have the meaning given herein when not inconsistent with the context. Words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "lot" includes "plot" and "tract;" the word "building" shall include "structures." The words "used for" shall include the words "firm," "association," "organization," "partnership," "trust," "company," "corporation," as well as an individual. The words "city council" shall mean the "City Council of the City of Umatilla, Florida." The word "shall" is mandatory and not directory.

Abutting property shall mean any property that is immediately adjacent or contiguous to property or that is located immediately across any road or public right-of-way from property.

Accessory buildings and uses shall mean a subordinate and incidental use to the principal use. An accessory building may not exceed fifteen (15) percent of the total living area and may not house pets or humans.

Advertising sign shall mean a sign which directs attention to a business, commodity, service or entertainment conducted, sold or otherwise offered elsewhere than upon the premises where the sign is located, or to which it is affixed.

Alley shall mean a private or public right-of-way which affords a secondary means of access to the property abutting thereon.

Apartment house (see "dwelling, multiple").

Automobile rental lot shall mean a lot or parcel of land on which passenger automobiles for active rental purposes only are stored or parked.

Automobile service station shall mean buildings and premises designed so as to cater principally to automobiles, where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), and also where the following services may be rendered:

(1)

Sale and servicing of spark plugs, batteries and distributors;

(2)

Tire replacement, repair and servicing, but no recapping;

(3)

Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, windshield wipers and replacement of grease containers and wheel bearings;

(4)

Radiator and flushing;

(5)

Washing and polishing;

(6)

Greasing and lubrication;

(7)

Exchanging fuel pumps and installing fuel lines;

(8)

Servicing and replacing of carburetors;

(9)

Emergency wiring repairs;

(10)

Adjusting and repair of brakes;

(11)

Miner adjustment of engines, not involving removal of head;

(12)

Sale of cold drinks and packaged foods as accessory only to principal operations.

Basement shall mean a portion of a building located partly or wholly underground, but having more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Boardinghouse or lodginghouse shall mean a dwelling used for the purpose of providing meals and lodging or lodging or both to persons other than members of the family occupying the dwelling.

Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, but not to include trailers as hereinafter defined.

Building height shall mean the vertical distance from the mean natural grade of the site to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the highest height between the eaves and ridge for gable, hip and gambrel roofs.

Business sign shall mean a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where the sign is located, or to which it is affixed.

Clinic shall mean a building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by one or more dentists, doctors or others licensed by the state to practice the healing arts.

Club shall mean buildings, facilities and property owned and operated by a corporation or association of persons for social or recreational purposes, including those organized chiefly to promote friendship and welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Club, bottle, shall mean any private or public establishment which permits anyone to bring alcoholic beverages on the premises primarily for the consumption of alcoholic beverages.

Day care center and other preschool facilities shall mean an establishment which provides daytime care or instruction for four (4) or more children operated on a regular basis. Day care centers may also be known as "child care centers, preschool facilities," and "nursery schools" and should not be construed to include children in grades one (1) through twelve (12) or upper education levels.

District shall mean any section of the certain described area of the city to which this chapter applies within which the zoning regulations are uniform.

Dock shall mean a structure built on pilings over the water which is designed or used to provide anchorage for and access to one or more boats at anchorage. Necessary services such as water, and other utilities are considered as part of the dock; however, no cooking, sleeping or business activity shall be permitted or conducted on the dock.

Dormitory shall mean a room, apartment or building containing sleeping accommodations which is operated for the use of people at an educational, recreational or health facility.

Drive-in restaurant shall mean an establishment where food is served for consumption on or off the premises, but whose primary function is quick service and "take-out" trade.

Dwelling shall mean a building or portion thereof, designed or used exclusively for residential occupancy, but not to include hotels, lodging houses, motels or mobile homes.

Dwelling, mobile home, shall mean a vehicle or movable dwelling structure which is designed to be used as a dwelling unit for one (1) family and which stands on wheels, or rigid supports, or on a foundation, but excluding prefabricated homes or sections thereof and travel trailers or motor coaches as defined herein. Mobile homes must be approved by the state and conform to the Standard Building Code.

Dwelling, multiple, shall mean a building designed for or occupied exclusively by three (3) or more families.

Dwelling, single-family, shall mean a dwelling designed for or occupied exclusively by one (1) family. The building is detached from another building.

Dwelling, townhouse, a building designed or occupied exclusively by one (1) family and attached to two (2) or more other buildings of similar design and separated by one (1) or more party walls. The attached townhouses, as defined, constitute a building group.

Dwelling, two-family, shall mean a detached building designed for or occupied by two (2) families living independently from each other.

Dwelling unit shall mean a room or group of rooms including a kitchen and sanitary facilities designed and used exclusively or occupied as separate living quarters by not more than one (1) family. All dwelling units must meet the standards of the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, National Fire Code and National Electrical Code. Dwelling units are not to include mobile homes.

Essential services shall mean public utility facilities either underground or overhead and related to the transmission or distribution system of water, sanitary sewer or storm sewer, telephone, gas, electricity, public safety, including poles, wires, mains, hydrants, drains, pipes, conduits, police or fire callboxes, traffic signals and other similar equipment necessary for the furnishing of adequate service, but not including buildings.

Family shall mean an individual, or two (2) or more persons, related by blood or marriage, or a group of not more than three (3) persons who need not be related by blood or marriage living together as a single housekeeping unit in a dwelling.

Filling station (see "Automobile service station").

Floor area shall mean the gross horizontal areas of all floors, including penthouses (but excluding such areas within a building which are used for parking) measured from the exterior faces of a building.

Frontage, street, shall mean that part of a property's perimeter that adjoins a street.

Garage, apartment, shall mean an accessory or subordinate building containing living facilities for not more than one (1) family and an enclosed space for at least one (1) automobile, not a part of or attached to the principal building.

Garage, private, shall mean an accessory building designed or used for the storage of motor-driven vehicles used by the occupants of the building to which it is accessory.

Garage, public, shall mean a building or portion thereof, other than a private garage, designed or used for the equipping, servicing, repairing, hiring or selling, or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.

Grade shall mean the level of the finished ground surface immediately adjacent to the exterior walls of the building.

Group ownership (condominium) shall mean any type of property ownership where common land is held by some other person, association or corporation other than the dwelling unit owner or is in common ownership with the dwelling unit owner.

Guest cottages shall mean living quarters located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building or for their nonpaying guests. The quarters shall not be rented or otherwise used as a separate dwelling.

Home occupation shall mean any use conducted entirely within a dwelling or accessory building and carried on by the occupant thereof, which use is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character thereof, provided that all of the following conditions are met: Only such commodities as are made on the premises may be sold on the premises. However, all sales of the home occupation work or products shall be conducted within a building and there shall be no outdoor display of merchandise or products. Nor shall there be any display visible from the outside of the building. No person shall be engaged in any home occupation other than two (2) members of the immediate family residing on the premises. No mechanical equipment shall be used or stored on the premises in connection with the home occupation, except that which is normally used for purely domestic or household purposes. Not over twenty-five (25) percent of the floor area of any one (1) story shall be used for the home occupation purposes. No sign shall be used other than one (1) nonilluminated name-plate attached to the building entrance. The plate shall not exceed one (1) square foot in area. Fabrication of articles such as commonly classified under the term "arts and crafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. Home occupations shall not be construed to include barbershops, beauty parlors, plant nurseries, tearooms, food processing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance agencies or offices.

Hospital, private, shall mean any structure or premises used as an establishment for the residential, medical or surgical care of ill, injured or disabled persons on a temporary or permanent basis as a commercial enterprise by any licensed person or organization of persons other than a governmental organization.

Hospital, public, shall mean any structure or premises used as an establishment for the residential medical or surgical care of ill, injured or disabled persons by a governmental agency, ecclesiastical or charitable organization for the primary benefit of the general public.

Hospital, veterinary, general, shall mean any structure or premises used primarily and essentially for the medical and surgical care of ill, injured or disabled animals.

Hotel shall mean a building in which lodging, or boarding and lodging, are provided as the temporary or permanent residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobby supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boardinghouse, lodging house or an apartment building, and no kitchen facilities in any individual unit are offered. Keys to the rooms and mail for the occupant of the hotel are received and generally kept by the attendant at the desk in the lobby.

Junkyard shall mean an area where waste, used or secondhand materials, equipment and/or machinery is bought, sold, exchanged, bagged, maintained, stored, baled, packed, disassembled or handled including but not limited to wrecked or inoperable automobiles, scrap iron and other metals, paper, rags, rubber tires, bottles, used building materials, plumbing fixtures, electrical fixtures and lumber. Junkyards shall include specifically, but not limited to, automobile wrecking yards, building materials wrecking and/or storage yards and used appliance wrecking and/or storage yards.

Laundry, self-service, shall mean a business that provides coin-operated washing, drying and/or ironing machines for hire to be used by customers on the premises.

Living area shall mean, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from exterior faces of the exterior walls, excluding attic area of headroom less than eight (8) feet, stairs, area devoted to air conditioning, heating or other building machinery and equipment. It shall further exclude utility, pantry, storage space other than closets existing in the bedrooms and foyers, carport, screened areas and garages. It is the intent of this chapter to define living area as enclosed floor space used or intended to be used for living, sleeping, cooking, eating or any other use normally incidental to living. Minimum living area shall include only the areas within the principal support walls and which is served by the primary heating system.

Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this chapter.

Lot, corner, shall mean a lot abutting two (2) or more streets at their intersections.

Lot depth shall mean the distance measured from the mean of the front line perpendicular to the mean of the opposite rear line of the lot.

Lot, double frontage, shall mean a lot having frontage on two (2) nonintersecting streets as distinguished from a lot corner.

Lot frontage, residential, shall mean all property on the perimeter of a lot abutting a street right-of-way.

Lot, interior, shall mean a lot other than a corner lot.

Lot of record shall mean a lot which is part of a subdivision, the plat of which has been lawfully recorded in the office of the clerk of the circuit court of the county, or a parcel of land, the deed of which was lawfully recorded in the office of the clerk of the circuit court of the county, prior to May 1, 1956.

Lot width shall mean the horizontal distance between the side lot lines, measured at right angles to the depth.

Mobile home shall mean a moveable or portable detached single-family dwelling designed for and capable of being used for long term occupancy, or a temporary storage building, or a temporary office, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete, of such size and weight as to require special highway movement permits. Mobile homes must be approved by the state and conform to the Standard Building Code.

Mobile home park shall mean any parcel of land which is planned for or contains two (2) or more mobile homes where the land is in single ownership.

Mobile home subdivision shall mean any parcel of land which is planned for or contains two (2) or more mobile homes where the land is planned for multiple ownership.

Modular housing shall mean a building or portion thereof, designed or used exclusively for residential occupancy by not more than one (1) family. All modular units must be approved by the state and meet the code requirements of conventionally built housing.

Motel shall mean a building or a group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests.

Nonconforming use shall mean any use of a building or land existing at the time of passage of this chapter or amendments thereto which does not conform after the passage of this chapter or amendments thereto with the use regulations of the district in which it is located.

Noxious matter shall mean material which is capable of causing injury to living organisms by chemical reaction.

Nursing homes shall mean a home for the aged, convalescent, chronically ill or incurable persons, in which two (2) or more persons not of the immediate family are received, kept or provided with food and shelter or care; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Owner shall include the owner of a fee simple title of record, a vendee under a contract by agreement for deed or a lessee under a written lease whose remaining term at the time of application for hearing is more than ten (10) years or those with options to renew. Proof of intent of renewal must be submitted to the city council.

Parking lot shall mean an area or parcel of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a commercial, industrial, institutional, recreational or residential use.

Planned unit development shall mean a project comprising two (2) or more buildings designed to be maintained and operated as a single unit in single ownership or control by an individual, partnership, corporation, cooperative group, or other legal entity, which has certain facilities in common, such as yards, and open spaces, recreation areas, garage and parking areas.

Recreational vehicles shall include:

(1)

Travel trailer: A vehicular portable structure built on a chassis, designed and constructed to provide temporary living quarters for recreation, travel or camping purposes; of such size and weight not to require special highway movement permits when drawn by a passenger vehicle but does not exceed eight (8) feet in width and twenty-four (24) feet in length.

(2)

Camping trailer: A vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location, providing temporary living quarters; and which is designed for recreation, travel or camping purposes.

(3)

Truck camper: A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation camping, or travel use.

(4)

Motor homes: A structure built on and made an integral part of a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping and travel use.

Restaurant shall mean any establishment where food is served for consumption on the premises or within an enclosed building.

Service station (see "Automobile service station").

Shopping center shall mean a group of commercial establishments planned, developed, managed and operated with off-street parking, provided on the property and related in its location, size and types of shops, to the trade area which the unit serves.

Sign shall mean a name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official notice or official traffic-control device, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall so indicate. Each display surface of a sign shall be construed to be a sign.

Sign, gross surface area of, shall be the entire area within a single continuous perimeter enclosing the extreme limits of the sign and in no case passing through or between any adjacent elements of the same.

Special exception shall mean a use which may be allowed within a zoning district subject to the provisions of this document and in accordance with the procedures established in this chapter.

Story shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Street shall mean a public or private thoroughfare which afford the principal means of access to abutting property, including publicly owned or controlled streets and permanent easements of record, for ingress and egress which pass with the land. Street includes lanes, ways or other means of ingress and egress regardless of the term used to describe it.

Street line shall mean the line between the street and abutting property, also referred to as the street right-of-way line.

Structural alterations shall mean any change, except where there is a cause of repair or replacement, in the supporting members of a building, such as the bearing walls, columns, beams or girders.

Structure includes all permanent or temporary, fixed or movable construction comprising buildings, stands, signs and billboards erected independently or affixed to exterior walls, provided however, that utility lines and poles shall not be considered structures for the purpose of this chapter.

Swimming pool shall mean any constructed pool over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet used for swimming or bathing.

Townhouse project shall mean a housing complex where each dwelling unit and all or a portion of the land area is individually owned. The purpose of the townhouse project is to retain the qualities of apartment living including higher density, efficiency, convenience, economy and effectively designed and maintained open space. Townhouse projects contain one (1) or more townhouse buildings, each of which contain two (2) or more townhouse dwellings. Parking lots, driveways, walkways and accessory recreation areas may be located in areas retained in common ownership with the owner of the townhouse units, or by some other person, association or corporation other than the dwelling unit owner.

Trailer park (see "Mobile home park").

Use, principal, shall mean the main use of land or buildings as distinguished from a subordinate or accessory use.

Utility room shall mean an area used for the storage of mechanical, electrical, plumbing or other accessory equipment not to be considered as a part of the living area.

Vacant land shall mean any lot or parcel of land which is completely open, has no associated use with or upon it and is not utilized as the required yard area for any adjoining uses.

Variance shall mean a modification from the literal interpretation of the provisions of this chapter, other than those provisions relating to use requirements, subject to the procedures set forth in this chapter.

Waterfront property shall mean property abutting on a lake, river, creek, stream, brook, bays, natural or man-made canals or reservoirs, provided that the reservoirs, lakes, canals, etc., have a minimum dry weather surface of twenty (20) feet measured perpendicular to the water frontage of the abutting property and provide a minimum water depth of three (3) feet during dry weather.

Yard shall mean an open space between a principal building and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the extreme support of the roof of the principal building shall be used.

Yard, front, shall mean a yard extending across the front of a lot between the side lot lines, and being a minimum horizontal distance between the street line and the principal building or any projections thereof including the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as abutting the street upon which the lot has its principal entrance.

Yard, rear, shall mean a yard extending across the rear of a lot between the side lot line, and being a minimum horizontal distance between the rear of the principal building or any projections thereof, including the projections of uncovered steps, uncovered balconies or uncovered porches, and the rear lot line. On all corner lots, the rear yard shall be at the opposite end of the lot from the yard.

Yard, side, shall mean a yard between the main building and the side line of the lot from the front yard to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.

Cross reference— Definitions and rules of construction generally, § 1-2.