In order to classify and regulate the use of land and buildings, the height and bulk of buildings, the air and other open space about buildings and the intensity of land use, the city is divided into ten districts to be known as follows:

(Ord. No. 360, § 7.14.01, 2-1-91; Ord. No. 575, § 1, 12-10-2007)

In an R-1A one-family district the following regulations shall apply:

(1)

Permitted uses.

a.

One-family dwellings;

b.

Truck gardening and other horticultural uses, where no building is involved and not operated for profit;

c.

Public schools and private kindergartens operated for educational purposes, except correctional institutions;

d.

Churches, including Sunday school or educational buildings;

e.

Playgrounds and recreational facilities under the supervision of the city;

f.

Golf courses, except driving tees or ranges, miniature courses and similar uses operated for commercial purposes;

g.

Conditional uses, subject to the provisions of section 114-13;

h.

Uses customarily incident to any of the above uses, including permitted home occupations, as provided in this chapter;

i.

Accessory buildings including a private garage, accessory living quarters, guesthouse, recreation room, greenhouse, bathhouse, provided they shall not be used commercially;

j.

Temporary buildings and uses for construction purposes for a period not to exceed one year;

k.

One sign on each lot not exceeding 12 square feet in area, appertaining to the lease or sale of the building or premises on which the sign is located;

l.

Automobile parking space to be provided as required by new parking ordinance;

m.

Libraries, community or neighborhood centers and buildings.

n.

Manufactured homes in accordance with subsection (4) of this section.

(2)

Building height. No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained or exceed 2½ stories, nor shall it exceed 35 feet in height.

(3)

Areas. No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:

a.

Front yard. The setback for all front yards shall be as follows: arterial highways (John Sims Parkway, Highways 85 and 85A) not less than 35 feet; all other streets, not less than 25 feet.

b.

Side yard.

1.

On interior lots there shall be a side yard on each side of a main building of not less than 7½ feet.

2.

In R-1A, R-1, and R-2 districts, setbacks for building lots fronted on three sides by streets are set at 25 feet for two of the three sides and a minimum of 7.5 feet only on the third side (as determined by the city commission) with the following qualification-7.5 foot setback is the minimum setback allowed and can only be fully applied if there is no degradation of safety as a result, i.e., section 130-4, Road and Street Construction (Clear Visibility Triangle) as amended by Ordinance No. 488, adopted November 12, 2002. Attachment A of Ordinance No. 360 containing a drawing that shows a revised side yard setback for corner lots is attached and made part of this chapter.

c.

Rear yard. There shall be a rear yard of not less than 20 feet.

d.

Lot area. Every lot or other parcel of land shall have a minimum width at the front of the building line of 75 feet and a minimum area of 11,250 square feet for all uses permitted in this section, except that the lot area for churches and private schools or any permitted elementary institution shall be not less than one acre. Where a lot or parcel of land has an area and width of less than the above required minimum and was so recorded at the time of the passage of the ordinance from which this article is derived, such lot may be occupied by a single-family dwelling, provided it meets minimum setback requirements.

e.

Lot coverage. Not more than 40 percent of the area of a lot may be covered by the main building and accessory buildings.

f.

Accessory buildings. Accessory buildings shall not be placed in the front yard. They may be placed in side yards, provided no buildings are closer to the lot lines than seven and one-half feet, and provided further, that on a corner lot accessory buildings shall not be placed in the front or side yards adjacent to the abutting streets. Accessory buildings may be placed in the rear yard provided that no accessory buildings are closer to the rear lot line than five feet except when the rear property line abuts a public right-of-way. When the rear property line abuts a public right-of-way, accessory buildings may be no closer than seven and one-half feet from the property line. Accessory buildings in residential districts (R-1A, R-1 and R-2) may not exceed two stories or 25 feet in height. Accessory buildings must have a minimum separation distance of ten feet from the main building on a lot and a minimum of five feet separation from any other accessory building(s) on a lot. In addition, no accessory buildings will be utilized as living quarters. Nor will any existing accessory building be converted into living quarters. Accessory buildings existing as of the passage of this ordinance shall not be considered to be non-conforming structures and may be replaced within the existing ground footprint.

g.

Dwelling standards.

1.

Every one-story dwelling hereafter erected in any R-1A one-family district shall have a total ground floor area of not less than 1,100 square feet measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, except that rooms intended for such purposes which are roughed-in and are to be completed within a reasonable time may be considered in computing such ground floor areas, with the exception of plat 6 which is 1,350 square feet. Every dwelling in all other R-1A districts will have total ground floor area of not less than 1,100 square feet.

2.

Every dwelling of more than one story hereafter erected in any R-1A one-family district shall have a total floor area, measured from the outside of the exterior wall, of not less than 1,680 square feet, including utility rooms, but excluding cellars, basements, open porches, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, except that rooms intended for such purposes which are roughed-in and are to be completed within a reasonable time may be considered in computing such ground floor areas.

(4)

Manufactured homes.

a.

Any person desiring to site a manufactured home in a residential land use district shall comply with the following standards:

1.

The unit shall comply with the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards and the Florida Manufactured Building Act.

2.

The manufactured home must have an assessed tax value (including improvements) comparable to other dwelling units in the area (within a 300-foot radius) proposed for siting the manufactured home, and also must meet the square footage and setback requirements of all other buildings in the zoning district.

3.

The minimum horizontal dimension of the main body, as assembled on the site, shall not be less than 20 feet, as measured across the narrowest portion.

4.

The materials used for the exterior finish shall be similar in texture, color, and materials to detached single family dwelling units in the district in which it is to be located, and are applied in such a manner as to make the manufactured home similar in appearance with surrounding detached single family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior enamel.

5.

All transportation equipment must be removed and the manufactured home must be placed on a permanent foundation.

6.

Each mobile home and manufactured home will display a sticker or other proof of certification by the National Fire Protection Association that the unit has met the NFPA standards.

b.

Manufactured homes located within a mobile home park designed exclusively for mobile homes or manufactured housing are exempt from the requirements of this section.

c.

Any person proposing to site a manufactured home in other than a mobile home park shall submit the following application information to the city clerk or designee:

1.

The applicant's name and address.

2.

Legal description, street address, lot number and subdivision name, if any, of the property upon which the manufactured home is to be located.

3.

Statement of ownership.

4.

Size of subject property in square feet and acres.

5.

Proof that the manufactured home has met the requirements of the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety standards and the Florida Manufactured Building Act.

6.

Statement describing the type and dimensions of the manufactured home proposed to be located on the property.

7.

Elevations and photographs of all sides of the manufactured home proposed to be located on the property.

8.

A plot plan and a statement describing the exterior dimensions of the manufactured home proposed to be located on the property.

9.

A description of the exterior finish of the manufactured home, including exterior walls and roof.

10.

A schematic design of the manufactured home showing the roof, foundation details, and other improvements.

d.

Procedure for review of applications:

1.

After an application has been submitted, the city clerk or designee shall determine whether the application is complete. If the city clerk or designee determines the application is not complete, he/she shall send a written statement specifying the application's deficiencies to the applicant by mail. The city clerk or designee shall take no further action on the application unless the deficiencies are remedied.

2.

When the city clerk or designee determines the application is complete, the application shall be reviewed and the city clerk shall decide whether the proposal complies with the standards for manufactured homes sited in residential districts. Notification of the decision shall be mailed to the applicant by certified mail within ten working days.

e.

If any individually owned mobile home is removed from a private lot for a period in excess of six months, any subsequent use of such land shall conform to the regulations specified by this section for the district in which such property is located.

f.

The temporary use of mobile homes is prohibited except as is outlined in the city's post disaster redevelopment plan.

(Ord. No. 360, § 7.14.02, 2-1-91; Ord. No. 369, § 1, 12-13-93; Ord. No. 493, 7-8-2002; Ord. No. 494, 7-8-2002; Ord. No. 512, 12-8-2003; Ord. No. 523, 4-11-2005; Ord. No. 543, § 1, 9-11-2006; Ord. No. 577, § 1, 3-10-2008)

Editor's note— A drawing of the setbacks referred to as Exhibit A, is not set out herein but is on file and available for inspection in the office of the city clerk.

The following regulations shall apply in an R-1 single-family or duplex district:

(1)

Permitted uses.

a.

Any use permitted in an R-1A district.

b.

Duplex or two dwellings under one roof.

(2)

Building height. No building shall be erected or enlarged to exceed a height of 2½ stories nor shall it exceed 35 feet in height.

(3)

Areas. No building shall be erected nor shall any existing structure be enlarged or altered unless the following yards and lot areas are provided and maintained with such building, structure or enlargement:

a.

Front yard: same as R-1A.

b.

Side yard: same as R-1A.

c.

Rear yard: same as R-1A.

d.

Lot coverage: same as R-1A.

e.

Lot area:

1.

Seven thousand square feet, single-family;

2.

Ten thousand five hundred square feet, duplex. Such parcels or lots shall have a minimum width at the front building line of at least 75 feet. Where a parcel of land has an area of less than the above required minimum and was recorded as such at the time of the passage of this article, such lot may be occupied by a one-family dwelling; provided, however, that the minimum side and front yard requirements are met.

f.

Accessory buildings: same as R-1A.

(4)

Dwelling standards. There shall be a building of not less than 1,000 square feet of living area for a single-family resident and not less than 2,000 square feet for a duplex or two-family residence, with at least 1,000 square feet per unit, excluding the garages and porches, fully completed as to exterior and plumbing prior to use or occupancy.

(Ord. No. 360, § 7.14.03, 2-1-91)

The following regulations shall apply in an R-2 multiple-family district:

(1)

Permitted uses.

a.

Any use permitted in the R-1 district.

b.

Multiple-family dwellings.

c.

Hospitals and clinics, except animal hospitals and clinics.

d.

Hotels, guesthouses and tourist homes, condominiums, townhouses, garden apartments.

e.

Accessory buildings and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business.

(2)

Building height. Same as R-1A, except for townhouses and condominiums; 75-foot height limit including any structures on the roof.

(3)

Areas.

a.

Front yard.

1.

Thirty-five feet, arterial.

2.

Thirty feet, collector.

b.

Side yards.

1.

On interior lots there shall be a side yard on each side of the main building of not less than 15 feet, except as the uses permitted in R-1 district require, in which case R-1 regulations will apply.

2.

On a corner lot adjacent to an intersecting street there shall be a side yard adjacent to the adjoining interior lot of not less than ten feet.

i.

Interior lots 15 feet each side, except as the uses permitted in R-1 district require, in which case R-1 requirements will be observed.

ii.

Corner lots 15 feet interior side and 35 feet on side of arterial rights-of-way and 30 feet on side of all other rights-of-way.

iii.

However, if 40 percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings within the same block that have observed a front yard line having a variation in depth of not more than ten percent, no building shall project beyond the average front so established. All yard depths are measured from the lot lines.

c.

Rear yard. There shall be a rear yard of not less than 30 feet for interior lots and not less than 15 feet for corner lots, except for the uses permitted in R-1 in which case R-1 regulations shall be observed.

d.

Lot coverage. Same as R-1A.

e.

Lot area. The minimum building area for each classification shall be:

1.

Single-family dwelling (lot) shall be no less than 9,000 square feet.

2.

Duplex and multifamily dwellings shall provide a minimum lot size of 7,000 square feet for the first two dwelling units and an additional 2,000 square feet for each additional dwelling unit.

f.

Accessory buildings. Same as R-1A.

(4)

Dwelling standards.

a.

Single-family dwellings shall provide a living area of no less than 1,000 square feet.

b.

Duplexes shall provide a living area of no less than 800 square feet per dwelling unit, and an additional 200 square feet per unit for each bedroom exceeding two.

c.

Multifamily units shall provide a minimum living area of 600 square feet for one bedroom, and an additional 200 square feet for each additional bedroom.

(5)

Parking. At least one parking space per unit of off-street parking.

(Ord. No. 360, § 7.14.04, 2-1-91)

The intent of the neighborhood office district is to serve as a transition between abutting commercial and residential districts. The uses permitted in this district shall be restricted and minimal so as to not interfere with the quality of residential neighborhood life. The uses allowed shall only generate traffic typically associated with residential traffic and the hours of operation shall typically be only during weekdays during normal business hours. The appearance of allowed structures shall read as residential and shall be aesthetically compatible with the residential neighborhood.

The following uses are allowed in an NO neighborhood office district:

(1)

Permitted uses:

a.

Single-family residential.

b.

Professional offices.

(2)

Conditional permitted uses:

a.

Personal service establishments.

b.

Recording studios.

c.

Such uses that are determined to be compatible with residential neighborhoods.

(3)

Location: The neighborhood office district shall be located abutting, i.e., in between, both commercial and residentially zoned properties. This zoning district shall not be scattered throughout residential neighborhoods.

(4)

Setbacks: The setbacks for this district shall be the same as the adjacent residentially zoned property. In the event that there is more than one residentially zoned property adjacent to the neighborhood office zoned property then the more restrictive setbacks shall apply.

(5)

Height: The height of the building shall not exceed two and a half stories or 35 feet.

(6)

Lot size: The minimum lot size shall be the same as the adjacent residentially zoned property. The lot size shall not exceed 22,500 square feet.

(7)

Parking: There shall be a minimum of three off-street parking spaces and a maximum of seven off-street parking spaces.

Parking is permitted in the rear yard provided that a privacy fence a minimum of six feet high not to exceed eight feet high is constructed to screen the parking. Security lighting shall be of a minimal wattage and directed so as to prevent light spillage over into the neighbor's yard.

There shall be no parking lot in the front yard. There shall be no parking on the lawn area of the front or side yards.

There shall be no on-street parking.

(8)

Landscaping: Front yards shall be landscaped with grass and shrubs typical of residential lots.

(9)

Signage: One sign stating the name of the business shall be permitted provided that it is attached to the building and shall not exceed ten square feet.

(10)

Hours of operation: The neighborhood office zoning district is intended to have minimal impact on adjacent residential neighborhoods. Hours of operation for a business in a neighborhood office district shall be between 7:00 a.m. and 6:00 p.m. on weekdays and 7:00 a.m. and 12:00 p.m. on Saturdays. There shall be no business conducted on Sundays.

(11)

New construction: The design of a newly constructed structure in the neighborhood office district shall have the appearance of a residential structure. The city administrator shall approve the design and if denied can be appealed to the city commission.

(Ord. No. 360, § 7.14.05, 2-1-91; Ord. No. 575, § 1, 12-10-2007)

The commercial corridor (C-C) district is intended primarily to provide sites for locally serving office, retail, personal service, and businesses. Development should be compatible in scale, character, and intensity with adjacent neighborhoods while having convenient access to both pedestrians and automobiles. The district's standards are intended to maintain adjacent residential areas. This district could be located adjacent to residential uses and along some of the city's commercial corridors. This district may include some residential uses as transitions between commercial uses and existing neighborhoods or to encourage more infill redevelopment on underutilized commercial sites along sections of some aging corridors in the city such as John Sims Parkway, etc.

The following uses shall apply in a C-C commercial corridor district:

(1)

Permitted uses.

a.

Offices, studios, or clinics of accountants, architects, artists, attorneys, authors, writers, dentists, designers, engineers, investment counselors, landscape architects, management consultants, physicians, surgeons, psychologists, and others of a professional nature.

b.

Offices for administrative, editorial, educational, executive, financial, governmental, philanthropic, insurance, real estate, religious, research, testing, scientific, or statistical businesses or organizations.

c.

Retail trade establishment such as a food store, drugstore, gift shop, hardware store, selling primarily from a shelf-goods inventory.

d.

Personal/business services such as a barber shop, tailor shop, or laundry and dry cleaning pickup station.

e.

Restaurants, cafes and taverns including drive through fast food restaurants.

f.

Theaters, recreational centers and other places of amusement which are entirely operated inside a single building.

(2)

Conditional uses permitted.

a.

Funeral home;

b.

Marina and boat sales;

c.

Parking facility;

d.

Repair, maintenance, or service of the type of goods to be found in any permitted retail trade establishment;

e.

Financial institution;

f.

Trade or commercial school;

g.

Single-family detached dwelling;

h.

Senior and retirement housing;

i.

Hotels and motels;

j.

Churches or other places of worship;

k.

Any other use similar to the above and not listed elsewhere.

(3)

Standards. In a C-C zone the following standards shall apply:

a.

Lot size. None, except as follows for dwelling units. Lot area shall be at least 5,000 square feet. Lot area for the first dwelling unit shall be at least 5,000 square feet and for dwelling units over one there shall be not less than an average of 1,000 square feet. Lot width shall be at least 50 feet. Lot depth shall be at least 80 feet. The requirements of R-1A, R-1 and R-2 shall control single-family, duplex and multifamily construction for setbacks and lot coverage.

b.

Front yard. As approved by technical review committee.

c.

Side yard. As approved by technical review committee.

d.

Rear yard. As approved by technical review committee.

e.

Open use. A use not contained within an enclosed building, such as open storage, abutting or facing a residential zone, shall be screened with a sight-obscuring fence not less than six feet high.

f.

Frontage requirements. Every lot shall abut a public street other than an alley for at least 25 feet except as permitted by the Land Development Code.

g.

Off-street parking and loading. Where a lot is occupied by any commercial use there shall be provided off-street parking for one car for each 300 square feet of such building.

h.

Height restriction. Maximum height of any structure shall be three stories or 45 feet, whichever is less.

i.

Signs. Signs shall also be permitted as stated in chapter 126.

j.

Minimum vegetation. Minimum area that must be left or planted in trees, grass, shrubs, barkdust for planting beds, etc., shall be 15 percent of the total area of the lot.

k.

Trailers or mobile homes. No trailer or mobile home in use, either as a residence or for commercial purposes, may be parked on any lot. The only exception to this is for the delivery of materials or providing a service that is temporary in nature.

l.

Buffer zones. See buffer zone, section 98-174(b), for special screening provisions.

(4)

Prohibited uses. The following uses and their accessory uses are prohibited:

a.

Adult entertainment businesses.

b.

Kennels of any type.

c.

Adult entertainment establishments.

(Ord. No. 711, § 2, 7-12-2021)

The following uses shall apply in a C-1 commercial district limited:

(1)

Permitted uses.

a.

Any use permitted in the R-2 district.

b.

Agencies, including financial institutions (i.e., banks, trust companies, savings institutions, any finance corporations), insurance, rental and real estate offices, employment, auto sales (no repair, painting or rebuilding).

c.

Personal service establishments, including barber and beauty shops, clinics, employment agencies, tailor shops and dressmaking, upholstery, funeral homes.

d.

Offices, including medical, dental, legal, scientific, superintendenting, fine arts and literary offices, chiropractic for humans, but not including fortunetellers or psychics.

e.

Trade service establishments, including shops, radio and TV sales and service, shoe repair, bicycles, guns, tires, typewriters, watches and jewelry and other mechanisms, shops for interior decorators, painters, paperhangers and plumbers, addressing and mailing advertising and distributing, multigraphing, printing and photography, laboratories, automobile filling stations and automobile salesrooms.

f.

Vocational and business schools including trade, secretarial, art, professional, music, dancing and dramatic schools.

g.

Commercial amusements, including theaters, ballrooms, commercial games and sports.

h.

Retail stores, including department stores, drugstores, grocery stores and cafes, hardware, florists, nurseries and greenhouses for retail only, photo shops, sporting goods, travel bureaus, minute markets, 7-11 stores and restaurants/supper clubs that may or may not serve alcoholic beverages, excluding junk dealers, auto wrecking, mechanical garages or any other business in which the materials sold are not housed in a building, and excluding any store which sells beer, malt beverages, wine, liquor or other intoxicating beverages within 600 feet of an existing public school or church, and any establishment that features or has live entertainment, i.e., male or female dancing, adult movie theaters and/or adult bookstores. However, in any case, this subsection (1)h shall not be construed to prevent the sale of beer, wine, liquor or other intoxicating beverages for off-premises consumption, from minute markets, 7-11 stores and/or grocery stores.

i.

Tourist courts, motels and hotels, indoor theaters.

j.

Mechanical and electrical vehicle repair including equipment installation but excluding body repair, painting, or auto dismantling. All work must be accomplished indoors. No parts or partially dismantled vehicles shall be stored outdoors. No vehicle shall be stored outdoors more than 48 hours.

k.

Self-service storage facilities. Enclosed storage facilities containing independent, fully enclosed bays that are leased to individuals, organizations and businesses for storage of their household goods or other property.

l.

Pet services. Limited to the provision of services such as bathing, grooming and sitting for dogs. Services shall be limited to indoor facilities for any zoning district except I-2. Overnight boarding is permitted per the requirements of section 14-49. Services for pets other than dogs may be permitted through a conditional use permit.

(2)

Building height limit. None.

(3)

Building site area required. No minimum requirements, except that as to uses permitted in the R-2 district, the requirements there set out shall control.

(4)

Front and side yards required. No front and side yards required except for dwellings, and in such case the provisions pertinent to the R-2 district shall control.

(5)

Parking regulations. Where a lot is occupied by any commercial use there shall be provided off-street parking for one car for each 300 square feet of such building.

(6)

Special approval process. The construction of a minute market, 7-11 store, funeral home, hotel or motel and drive-in restaurant, grocery store and other high traffic business in this district will require special approval by the city commission.

(7)

Signs.

a.

The board of city commissioners at its option may provide noncommercialized direction signs located on city rights-of-way in the public interest if individual business direction signs are deemed to be detrimental to the city either in terms of number or disposition.

b.

Signs shall also be permitted as stated in chapter 126.

c.

No advertising sign exceeding 200 square feet in size shall be placed on any lot or lots in this district.

(8)

Trailers or mobile homes. No trailer or mobile home in use, either as a residence or for commercial purposes, may be parked on any lot. The only exception to this is for the delivery of materials or providing a service that is temporary in nature.

(9)

Minimum living area required. The requirements of the R-1 and R-2 districts shall control single-family, duplex construction and multifamily residences.

(10)

Buffer zones. See buffer zone, section 98-174(b) for special screening provisions.

(Ord. No. 360, § 7.14.06, 2-1-91; Ord. No. 369, § 1, 12-13-93; Ord. No. 474, § 2, 12-28-2000; Ord. No. 476, § 2, 2-12-2001; Ord. No. 590, § 1, 2-9-2009; Ord. No. 665, § 1, 7-13-2015)

(a)

Intent. The intent of this district is to (1) encourage the redevelopment of the historical professional district in old downtown Valparaiso. The overall desire is to create an economic and cultural environment in harmony with the surrounding neighborhood, open space and history of the city; multiple-use buildings are encouraged. These in general are envisioned as two, two and one-half story buildings with the second story being used as residences.

And (but not required to be used) (2), to promote the preservation of buildings, structures, districts, sites and objects and to retain a cultural, economic, and pedestrian friendly environment all through a local registry of historic resources.

(b)

Architectural control. The architectural review board is appointed and shall conduct its operations within the context of chapter three thereof the City Code of Ordinances.

The board may adopt and apply published U.S. and Florida public guidelines with respect to historic preservation standards, for example but not limited to:

a.

United States Department of the Interior National Park Service Guidelines, as adopted as a rule and published in the Federal Register, i.e.

• Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, Federal Register, Vol. 48, No. 190, September 29, 1983.

• National Register Bulletin No 15 (U.S. Government Printing Office, revised 1995)

b.

State of Florida Guidelines, as adopted as a rule and published in the Florida Administrative Code.

c.

Guidelines for Retrofit Improvements to Historic Properties, Division of Historical Resources, Florida Department of State, September 7, 2006.

d.

Photographic Documentation Policy, Florida Master Site File, Division of Historical Resources, Florida Department of State, effective January 1, 2007.

e.

Guidelines for Users: Florida Master Site File, Division of Historical Resources, Florida Department of State, reference example Historical Structure Form Version 4.0, January, 2007.

Or such updates as may be promulgated from time to time.

In adopting such guidelines from standards subsequent to the passage of this section, local Valparaiso guidelines may be liberally promulgated, but in no case shall any local guideline for application be established beyond (or stricter than) national or state standards, their use being encouraged as a standard of integrity.

(1)

Procedure for review of historical professional district plans.

a.

Plans. Every application for a permit to erect, construct, renovate and/or alter an exterior of a building located within or to be located in the historical professional district shall be accomplished by plans of the proposed work. As used in this section, plans shall mean drawings or sketches with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of the building both before and after the proposed work is done in cases of altering, renovating, demolishing or razing a building or structure, including proposed materials, textures and colors, and the plot plan or site layout, including all site improvements or features such as walls, walks, landscaping, accessory buildings, signs, lights or other appurtenances. Proposals shall indicate materials, textures and colors, and the plot plan or site layout, and will include all site improvements or features such as walls, walks, landscaping, accessory buildings, signs, lights or other appurtenances. Such plans shall be forwarded by the city administrator to the board for review. The applicant will be notified of the time, date and place of the public board meeting.

b.

Review and decisions. The board shall promptly review such plans at a public meeting and shall render comments on or before 30 days from the date the plans are received from the city administrator; absent such review within 30 days they shall be considered as acceptable. The board shall refer to established guidelines in providing comment.

c.

Notification and building permit. Upon receiving the order of the board, the recorder shall notify the applicant of the decision of the board. If the board has approved the plans, and if all other requirements of the city have been met, the building inspector may issue a permit for the proposed building. If the plans are disapproved the building inspector may not issue a permit. In a case where the board has disapproved plans, the recorder of the board shall furnish the applicant with a copy of the board's written order, together with a copy of any recommendations for changes necessary to be made before the board will reconsider the plans.

d.

Failure to review historical professional district plans. If no action has been taken upon development plans submitted to the board within 30 days from the receipt of the application for a building permit, such plans shall have been deemed approved and, if all other requirements of the city have been met, the building inspector may issue a permit for the proposed building.

(2)

Procedure for review of nominations to the local Valparaiso Historic Registry.

a.

Nominations. All nominations of a building or site to the Valparaiso Historic Registry shall be accomplished by application signed or endorsed by the property owner indicating year built/established, historical significance, and integrity of original design. Such applications shall be forwarded by the city administrator to the board for review. The applicant will be notified of the time, date and place of the board meeting. Pending applications will be posted at city hall.

b.

Applications. The board shall adopt an application form within the context of established national and state guidelines and may publish advisory information to assist applicants or nominating parties. These forms and advisory material may be updated from time to time at the discretion of the board.

c.

Review and decision. The board shall promptly review such application and shall render a decision regarding any listing application or nomination at a regularly scheduled public meeting, said decision being published by the city administrator within ten days following the meeting which shall include a synopsis of comments provided by the board at its meeting (if any). The publication of the city administrator shall be in a format recordable by the Clerk of the Circuit Court, Okaloosa County. The board shall refer to established guidelines in providing comment. Any impacted party may appeal this decision to the city commission, and/or alternatively elect to provide additional information to the board for reconsideration at its next regular public meeting held pursuant to chapter three of the City Code of Ordinances.

Any appeal to the city commission shall address solely the written material previously considered by the architectural review board inclusive of written records of the public meeting.

d.

Notification. Upon receiving the order of the board, the recorder shall notify the applicant of the decision of the board. The decision shall be forwarded as a written order by the city administrator.

e.

Notification of city commission. Board findings will be announced at the first opportunity before the city commission. Anyone objecting to the decision of the architectural review board may raise the issue before the city commission who may then review and change the decision at its discretion.

(3)

Decisions. In passing upon Historical Professional District plans, the board shall consider exterior design and appearance of the building, including the front, sides, rear and roof; materials; plot plan or site layout, including features such as walls, walks, landscaping accessory buildings, signs and other appurtenances; and the relation of the building to immediate surroundings and to the district. The term "exterior" shall include all of the outer surfaces of the building, and is not restricted to those exteriors visible from a public street, way or place. The board shall not consider interior design or plan. The board shall not exercise any control over land construction, such as is governed by the building code adopted by section 98-26 of the LDC. The board's approval of plans submitted shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit for construction in the district shall be invalid if it is obtained without the property board's approval for proposed work.

(4)

Form of decision. Every decision of the board upon building plans within the district or nomination for historic registry shall be in the form of a written order stating the finding of the board, its decision and reason therefor.

(5)

Recommendations for changes. The board shall not disapprove any plans/nomination without giving recommendations for changes necessary to be made before the plans will be reconsidered. Such recommendations may be general in scope, and compliance with them shall qualify the plans/nomination for reconsideration by the board.

(6)

Member disqualified from voting. Any member of the board who shall be employed to design or construct a building or who shall have any proprietary, tenancy or personal interest in a building or historic site when approval of the plans by the board is required shall be disqualified from voting thereon.

(7)

Review. Any person aggrieved by a decision of the board may, within 30 days thereafter, apply to the city commission for review of the board's decision. The aggrieved party shall file with the city clerk a written notice requesting the commission to review such decision.

(c)

Permitted uses. Permitted uses within the historical professional district.

(1)

Single-family residences.

(2)

Single dwelling units in conjunction with permitted professional uses.

(3)

Professional offices excluding veterinary services.

(4)

Travel and insurance agencies.

(5)

Museums.

(6)

Studios, art and photo galleries.

(7)

Barbershops and beauty parlors.

(8)

Craft and floral shops.

(9)

Libraries and government buildings.

(10)

Parks.

(11)

Antique and collectibles shops.

(12)

Banks.

(13)

Churches.

(14)

Small food service establishments (e.g. restaurants, ice cream shops, delicatessens).

(15)

Light manufacturing and assembly providing that the use creates no nuisance including, but not limited to dust, dirt, odors, smoke, fumes, noise, vibrations or danger of explosion or exposure to hazardous materials.

(d)

Hours of operation. No business within the historical professional district shall conduct any business activities before 6:00 a.m. nor after 9:00 p.m. Municipal government buildings shall be exempt from the restrictions on hours of operation in order to provide for the public safety.

(e)

Height, area and yard requirements.

(1)

Height. No building shall exceed two and one-half stories or 35 feet in height.

(2)

Building site area required (intensity of use). There shall be no minimum area requirements, except that single-family residences shall provide a minimum living area of 1,000 square feet, and multiple use residences shall provide a minimum living area of 900 square feet.

(3)

Yard requirements.

Side yard: three feet.

Front yard: five feet.

Rear yard: 15 feet.

(f)

Fences, porches and signs.

(1)

Fences. No chain-link or any type of wire fences may be added within the district. Use of brick, stone, wood or wrought iron fences are acceptable. Fences in the required front yard shall not exceed three feet in height if they are opaque, nor four feet if open design; these restrictions shall apply to required side yards with the exception of fences utilized in conjunction with buffer requirements set forth in section 122-8.

(2)

Porches. All residential uses shall be required to provide a five-foot covered front porch.

(3)

Signs. Each business shall be limited to one sign of no more than 18 square feet, with the exception of one additional sign of no more than ten square feet advertising the sale, lease or rent of such business or property. Painted signs are preferred.

(Ord. No. 360, § 7.14.07, 2-1-91; Ord. No. 457, 6-12-2000; Ord. No. 479, §§ 1—6, 3-12-2001; Ord. No. 499, § 1, 11-12-2002; Ord. No. 574, § 1, 12-10-2007)

In the C-2 commercial unlimited district, any building or land may be used for any use permitted in the C-1 district or for any other use, except that no use which is obnoxious because of the emission of dust, dirt, gas, odors, smoke, fumes, noise, vibrations or possesses an abnormal explosion hazard will be permitted unless approved by the city commission. Regulations of C-1 district shall control:

(1)

Permitted uses.

a.

Warehouses;

b.

Textile manufacturing;

c.

Used car lots;

d.

Auto repair; and

e.

Dog kennels.

(2)

Prohibited uses.

In the C-2 district, any building or land may be used for any use permitted in the C-1 district or for any other use, except the sale of beer, wine, malt beverages, liquor, or other intoxicating beverages for an on-premises consumption, except in restaurants/supper clubs, and any establishment that features or has live entertainment, (i.e., male or female dancing), adult movie theaters and/or adult bookstores and any use which is obnoxious because of the emission of dust, dirt, gas odors, smoke, fumes, noise, vibrations or poses an abnormal explosion hazard will not be permitted unless approved by the city commission. Regulations of C-1 shall control.

(3)

Building height limit. None.

(4)

Building site area required. No minimum requirements, except that as to uses permitted in the R-2 district, the requirements there set out shall control.

(5)

Front and side yards required. No front and side yards required except for dwellings, and in such case the provisions pertinent to the R-2 district shall control.

(6)

Parking regulations. Where a lot is occupied by any commercial use there shall be provided off-street parking for one car for each 300 square feet of such building.

(7)

Special approval process. The construction of a minute market, 7-11 store, funeral home, hotel or motel and drive-in restaurant, grocery store and other high traffic business in this district will require special approval by the city commission.

(8)

Signs.

a.

The board of city commissioners at its option may provide noncommercialized direction signs located on city rights-of-way in the public interest if individual business direction signs are deemed to be detrimental to the city either in terms of number or disposition.

b.

Signs shall also be permitted as stated in chapter 126.

c.

No advertising sign exceeding 200 square feet in size shall be placed on any lot or lots in this district.

(9)

Trailers or mobile homes. No trailer or mobile home in use, either as a residence or for commercial purposes, may be parked on any lot. The only exception to this is for the delivery of materials or providing a service that is temporary in nature.

(10)

Minimum living area required. The requirements of the R-1 and R-2 districts shall control single-family, duplex and multifamily construction.

(11)

Buffer zones. See buffer zone, section 114-9(b)(4), for special provisions.

(Ord. No. 360, § 7.14.08, 2-1-91; Ord. No. 369, § 1, 12-13-93)

This district is restricted solely for use as a commercial boathouse and such other uses necessary or incidental or pertaining to the operation of such business as specified in the lease agreement between the city and Mr. John A. Boyd on March 2, 1929, and purchase of such lease by Wallace and Walter Spence on December 12, 1942. In addition, the adjoining parcel of land known as the Painter Lease will be restricted to hotel/motel development specified in the provisions of the Painter Lease.

(Ord. No. 360, § 7.14.09, 2-1-91)

The I-2 industrial district is intended for relatively small, light, manufacturing, processing, storage, wholesaling and distribution operations. It is designed to encourage sound industrial development without adversely affecting nearby residential and commercial uses. Every use permitted in all other districts, except I-1, will be permitted in this area.

(1)

Permitted uses.

a.

Artificial limb manufacture.

b.

Bakeries, wholesale.

c.

Beverage bottling and distributing stations.

d.

Blacksmith shop.

e.

Box manufacture.

f.

Broom manufacture.

g.

Building equipment, building materials, lumber, coal, sand and gravel yards and yards for contracting equipment, maintenance or operating equipment of public agencies, or public utilities, or materials or equipment of similar nature.

h.

Bus line shops and garages.

i.

Carting, express hauling or storage yards.

j.

Cement block manufacture.

k.

Food processing and dehydrating for human consumption, but not including the processing of sauerkraut, fish products, gelatin, sausage casings from animal products, starch, dextrine, glucose, sugar, vinegar, yeast, and the rendering or refining of fats and oils.

l.

Furniture manufacture and upholstering.

m.

Heating and sheet metal fabrications.

n.

Ice cream and ice manufacture.

o.

Laundries, more than 1,000 pounds daily capacity.

p.

Machine shops and metal product manufacture, when not equipped with heavy punch presses, drop forges, screw machines, riveting machines or any other equipment which may create vibrations or noise disturbing to adjacent property occupants.

q.

Plastic product manufacture, but not including the processing of the raw materials.

r.

Printing of tags, forms, calendars and other products for commercial use.

s.

Public utility electric substations and distribution centers, gas regulation centers and underground gas holder stations.

t.

Storage of household goods.

u.

Storage and sale of automobiles, trailers, farm implements and equipment, and other similar equipment on an open lot.

v.

Storage and warehouses.

w.

Stone, marble and granite grinding and cutting.

x.

Tool and die shops.

y.

Truck or bus storage yard.

z.

Window shade manufacture.

aa.

The manufacture of cosmetics and pharmaceuticals.

bb.

The manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, furs, glass, hair, horn, tanned leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, wood (excluding planing mills) and yarns.

cc.

The manufacture of pottery and figurines or any other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

dd.

Any other manufacturing establishment that can be operated without creating objectionable noise, odor, dust, smoke, gas, fumes, or vapor, and that is a use compatible with the use and occupancy of adjoining properties.

ee.

Any establishment that sells and/or serves beer, wine, malt beverages, liquor or other intoxicating beverages for on-premises consumption and/or having live entertainment, i.e., male or female dancing; provided, however, that all such entertainment is in accordance with F.S. ch. 847. Further, all such establishments shall not be erected within 800 feet of any residential structures and/or establishments similar in nature, i.e., those that sell beer, wine, malt beverages, liquor or other intoxicating beverages for on-premises consumption, and/or have live entertainment. Such distances will be measured from property line to property line.

ff.

A trailer may be located on the premises of property zoned with the classification of I-2 for purposes of providing a shelter for security personnel as long as the following conditions are met:

1.

There must be a legitimate concern on the part of the property owner making the request that the property could be the target of criminal activities after hours thus necessitating the location of security personnel on the premises.

2.

The trailer must be used only for security personnel.

3.

The trailer must be connected with city water and sewer if the city determines that it is feasible to do so. If the city determines that it can not serve the trailer with water and/or sewer, a permit from the county must be obtained for the installation of a septic tank. If the city determines that it can serve the trailer with water and sewer, tap-on fees for both water and sewer must be paid.

gg.

Clubhouses. Such facilities may serve alcoholic beverages to members and authorized guests provided such facility is not located within 200 feet of a residence, church or school.

(2)

Prohibited uses.

a.

Acid manufacture.

b.

Cement, lime manufacture.

c.

Distillation of bones.

d.

Manufacture of explosives.

e.

Fat, tallow or lard rendering.

f.

Volume reduction plant as defined in F.S. § 403.703 as of June 1, 1988.

g.

Automobile wrecking or junkyards.

h.

Paper and pulp manufacturing.

(3)

Building height limit. None.

(4)

Building site area required. The maximum ground area occupied by all buildings shall be no more than 60 percent of the area of the lot or tract on which a building permit has been issued.

a.

Front yard. There shall be front yard having a depth of not less than 50 feet wherein there shall be no structure of any kind, open storage of materials or equipment, or the parking of vehicles.

b.

Side yard. There shall be a minimum side yard of not less than 15 feet on both sides of the building, but where the property is adjacent to an R district, the buffer zone requirements will prevail as specified in section 114-9(b)(4).

c.

Rear yard. A rear yard is not required except where a lot abuts upon an R district, in which case the buffer requirements will prevail as specified in section 114-9(b)(4).

(5)

Parking regulations. One parking space for each 300 square feet of such building. In addition, parking areas serving nonresidential uses of property shall be hard-surfaced and graded so as to drain off all surface water to storm sewer inlets. When such parking areas or lots abut upon adjacent residential properties, lights used to illuminate such parking lots shall be so arranged as to reflect lighting away from the adjoining premises in the residential district. Such parking spaces shall be reserved for the sole use of the occupants of the building or lots, their customers, and the visitors thereto. Churches, theaters, stadiums, auditoriums and other places of assembly may make arrangements for joint use of parking spaces as hereinafter specified.

(6)

Special approval process. The establishment of a high traffic facility in this district will require special approval by the city commission.

(7)

Signs.

a.

The board of city commissioners at its option may provide noncommercialized direction signs located on city rights-of-way in the public interest if individual business direction signs are deemed to be detrimental to the city, either in terms of number or disposition.

b.

Signs shall also be permitted as stated in sections 14-107 through 14-109.

c.

No advertising sign exceeding 200 square feet in size shall be placed on any lot or lots in this district.

(8)

House trailers. No house trailer may be used as a residence; however, commercial trailer sales establishments will be permitted in this district.

(9)

Minimum living area required. The requirements of the R-1 and R-2 districts shall control single-family, duplex and multifamily construction.

(10)

Buffer zones. See buffer zone, section 114-9(b)(4), for special screening provisions.

(Ord. No. 360, § 7.14.10, 2-1-91)

(a)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations established by this article for the district in which the building and/or land is located.

(b)

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located.

(c)

The minimum yards and other spaces, including the intensity of use provisions contained in this article for each and every building existing at the time of the passage of the ordinance from which this article is derived or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other building.

(d)

Every building hereafter erected shall be located on a single lot. Lots may be combined be recordation with the county clerk to comply with this requirement. for single-family and duplex zoning districts and such uses in other districts, only one main building and accessory buildings may be built on a single lot.

(e)

The uses of all buildings and property publicly owned and engaged in the performance of a public function may be permitted in any district; provided, however, that such use is not obnoxious or detrimental to the health or welfare of the city.

(f)

Every building hereafter erected in the city shall have a five-foot minimum elevation and in no case shall the elevation of any building erected be less than the minimum.

(Ord. No. 360, § 7.14.11, 2-1-91: Ord. No. 491, 7-8-2002)

(a)

Rezoning requests. There will be an application fee set pursuant to section 94-2 for all rezoning requests, and the petitioner for such request will be required to pay for all legal advertisements as required by state statutes. Further, if a rezoning request is denied, a petitioner must wait at least one year before submitting a request for another hearing unless changes have occurred in the property in question or surrounding properties such that another hearing would be warranted. Further, if new information that bears directly upon the case is brought to light that was not previously known, another hearing may be scheduled. An application fee set pursuant to section 9-42 will be required for all rehearings being conducted for the same property.

(b)

Variance requests. There will be an application fee set pursuant to section 94-2 for all variance requests, and the petitioner of such request will be required to pay for all legal advertisements. Further, all requirements pertaining to rehearings, as stated in subsection (a) of this section, will be applicable for variance requests except for the fees charged. Rehearings on variance requests will require an application fee set pursuant to section 94-2.

(c)

Nonrefundable fees. All application fees and advertisement costs paid by any petitioner for a rezoning or variance are not refundable.

(Ord. No. 360, § 7.14.12, 2-1-91; Ord. No. 557, § 5, 1-8-2007)

Purpose. To provide areas for the location of public institutional buildings, grounds, and facilities that help satisfy the health, education, recreation and leisure needs of the community. When these areas are located in and around different zoning districts, measures will be taken to ensure compatibility and to maintain the character of surrounding areas.

(1)

Public institutional district. The following district is hereby established as the public institutional district.

(2)

Public institutional district: P/I.

a.

Permitted uses. The following uses are allowed in the P/I district. All other uses are conditional or prohibited.

i.

Public educational facilities

ii.

Public buildings and grounds

iii.

Public parks

iv.

Public playgrounds

v.

Public libraries

vi.

Public museums

vii.

Public art galleries

viii.

Auditoriums

ix.

Gymnasiums

x.

Sports complexes

xi.

Swimming pools

xii.

Civic centers

(3)

Conditional uses. The following uses may be allowed in the P/I district subject to conditions specified herein (after application, public notice and hearings), or any other condition that might be imposed as may be necessary to maintain the integrity of the district.

If use is granted, compatibility with the surrounding neighborhood shall be maintained and required setbacks and side yard requirements shall be met. Equipment involved in proposed conditional use shall be completely enclosed in a permanent structure with no outside storage. Adequate screening from neighboring uses and landscaping shall be provided.

a.

Hospitals, nursing homes, community residential homes, group homes and mental health facilities.

b.

Stadiums, when not part of a public or private educational institution.

c.

Day care centers and child care institutions (NAICS 6244).

d.

Public utilities including, electric transmission lines and related facilities; water and/or sewer transmission lines, lift stations, and related facilities; natural gas or petroleum transmission lines; and, other similar public utility uses.

e.

Other similar public uses.

(4)

Accessory uses. The following uses may be allowed as accessory uses in the public institutional district:

a.

Residential uses when accompanying a permitted public institutional use.

b.

Multi-media centers when accompanying a permitted public institutional use.

Standards and criteria for P/I districts

a.

Setbacks: The setbacks for these districts shall be the same as the adjacent residentially zoned property. In the event that there is more than one residentially zoned property adjacent to the P/I zoned property then the more restrictive setbacks shall apply.

b.

Height: The height of the building shall not exceed two and a half stories or 35 feet.

c.

Lot size: The minimum lot size shall be compatible with the adjacent residentially zoned property.

d.

Parking: Parking requirements shall be consistent with the existing Valparaiso Land Code and Code of Ordinances. There shall be no on-street parking.

e.

Landscaping: Front yards shall be landscaped with grass and shrubs typical of residential lots.

(Ord. No. 619, § 2, 10-10-2011; Ord. No. 629, § 2, 7-9-2012)