The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot or parcel with such principal building or use.

Accessory building. A building which is clearly incidental or subordinate in area, extent or purpose to a principal building or principal use located on the same lot and which contributes to the comfort, convenience, or necessity of the occupants of the principal structure or principal use served. Accessory buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used in conjunction with a swimming pool), or similar use.

Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The ADU is located on the same parcel as the principal dwelling and shall be subject to the required setbacks of the principal structure. The ADU may be either attached to or detached from the principal dwelling. (Also see section 6-85. Accessory Dwelling Units).

Alley. A public way not more than thirty (30) feet in width, which affords only a secondary access to the property abutting thereon.

Apartment hotel. A building designed for containing both apartments and individual guestrooms or suites which may offer such services as are ordinarily furnished by hotels. Tenants may be permanent or seasonal but not transient.

Apartment house. See "Dwelling, multiple."

Basement. A basement shall mean a portion of a building located partly underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes.

Boardinghouse or lodginghouse. A dwelling having one (1) kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying such dwelling.

Breezeway. A covered passageway which connects a principal structure and a proposed addition. No breezeway may exceed thirty five (35) feet in length.

Building. Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Where no grade level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building.

Cellar. A cellar shall mean that portion of a building located partly or wholly underground and having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Clinic. A clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is lawful in the state.

Club. Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Cottage food operations. "Cottage food operation" means a natural person who produces or packages cottage food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes.

Cottage food products. "Cottage food product" means food that is not a potentially hazardous food (as defined by rules of the Department of Agriculture and Consumer Services) which is sold by a cottage food operation in accordance with section 500.80, Florida Statutes.

Decibel. A decibel is a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure intensity of sound are calibrated in decibels.

Dormitories. A room, apartment or building containing sleeping accommodations, which facility is operated for the use of students enrolled in the sponsoring educational institution.

Dwelling. A building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy but not including motels, lodginghouses or hotels.

Dwelling, one-family. A building designed for or occupied exclusively by one (1) family, except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in certain restricted situations as prescribed by code.

Dwelling, two-family. A building designed for or occupied exclusively by two (2) families.

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

Family. An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling, who need not be related by blood or marriage.

Filling station. See service station.

Fleet. A group of vehicles contained in one area for the purpose of dispatch for service or other work related to the entity; however, governmental vehicles are exempted. Governmental vehicles include police, fire, rescue, and other governmental vehicles which serve a vital public safety, health, or welfare purpose as determined by the city.

Garage apartment. See "accessory dwelling unit."

Garage, private. An accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the building. A carport is a private garage.

Garage, public. A building or portion thereof, other than a private garage or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor-driven vehicles.

Garage, storage. A building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage at such storage garage, shall be limited to refueling, lubrication, washing, waxing and polishing.

Guest cottage. See "accessory dwelling unit."

Guest (tourist) homes. A private dwelling in which transient sleeping accommodations are provided for compensation; especially for motor tourists or travelers.

Home occupation or home office. An operation for commercial or pecuniary gain conducted entirely within a dwelling unit, or in a permitted accessory building, which is incidental and subordinate to the use of the dwelling for residential purposes and which does not change the residential character thereof. Home occupations and home offices are subject to section 20-452 of this Code.

Hotel. A building or other structure kept, used, maintained and advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay, catering primarily to transient guests, in which ten (10) or more rooms are furnished for the accommodation of guests, and having or not having one (1) or more dining rooms, restaurants or cafes where meals are served to transients or other guests; such sleeping accommodations and dining rooms, restaurants or cafes, if existing, being conducted in the same building or accessory buildings in connection therewith.

Junkyards. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive graveyard, and the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an automotive graveyard shall mean an establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the requirements of section 20-259(10) of the City Code.

Laundry, self-service. A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an approved place.

Lot of record. A lot which is subdivided in accordance with the subdivision regulations contained in chapter 9 of the City Code which has been recorded in the office of the clerk of the county circuit court; or a parcel of land, on or before the effective date of the ordinance from which this chapter was derived.

Lot, corner. A lot abutting upon two (2) streets at their intersection.

Lot, depth. The depth of a lot is the distance measured in a mean direction of the sidelines of the lot from the middle point of the front lot line to the midpoint of the opposite rear line of the lot.

Lot frontage. The horizontal distance measured along the narrow width of a lot abutting a street right-of-way.

Lot, interior. A lot other than a corner lot.

Lot, reserved corner. A corner lot, the street side lot line of which is substantially the continuation of the front lot line of the first lot to its rear.

Lot, through. An interior lot having frontage on two (2) parallel or approximately parallel streets.

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

Medical marijuana treatment center dispensing facility. A facility of a medical marijuana treatment center, as that term is defined in Sec. 29, Art. X of the Florida State Constitution, which dispenses marijuana, products containing marijuana, related supplies or educational materials to qualifying patients or their personal caregivers, as defined in Sec. 29, Art. X of the Florida State Constitution and F.S. § 381.986, but shall not include facilities growing, cultivating or processing marijuana or derivative products.

Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances opening to the outside. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar appellations.

Multi-tenant development. Shopping centers and other uses so determined by the city.

Nonconforming use. The use of a building, or portion thereof, or land, or portion thereof, which use does not conform with the use regulations of the district in which it is located.

Noxious matter. Material which is capable of causing injury to living organisms by mechanical or chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals.

Nursing (convalescent) home. A home of aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and/or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Octave band. An octave band is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave band filter. An octave band filter is an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

Particulate matter. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or a solid at atmospheric pressure and temperature.

Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.

Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building.

Professional offices. Professional offices shall include those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the laws of the state or determined by decisions of the state supreme court, and which are conducted as professions and not as a trade or other business. Professional offices do not include offices for the treatment of animals on the premises.

Ringelmann Chart and number. A chart described in the United States Bureau of Mines Information Circular 6888, and of which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke. A Ringelmann number is the number of the area in the Ringelmann Chart that coincides most nearly with the visual density of emission.

Self-service storage facilities. A fully-enclosed establishment containing separate storage spaces, stalls or lockers with privately-controlled access points that are leased or rented to customers as individual units for storage space of the customer's goods, wares or personal property. The term is synonymous with mini-warehouses, mini-storage, self-storage facilities, and self-storage warehouses.

Service station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.

Smoke units. Smoke units represent the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.

Sound level meter. An instrument standardized by the American Standards Association for measurements of the intensity of sound.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, then the space between such floor and the ceiling next above it.

Street. A public or private thoroughfare which affords the principal means of access to abutting property. This includes land, place, way or other means of ingress or egress regardless of the term used to describe it.

Street right-of-way. The dividing line between a lot, tract or parcel of land and a contiguous street.

Structure. Any thing constructed, erected or placed, the use of which requires more or less permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters.

Structural alterations. Any substantial change, except for repair or replacement in supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof joists.

Subdivision. For the purpose of these regulations, a subdivision of land is either:

(1)

The platted division of land comprising one (1) acre or more in area, into lots, sites or parcels;

(2)

Establishment or dedication of a road, highway, street or alley through a tract of land by the owner thereof, regardless of area; or

(3)

The resubdivision of land of one (1) acre or more in area heretofore divided or platted into lots, sites or parcels.

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

Toxic materials. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Trailer. Any so-called house trailer and other similar objects, which are designed for use as a place of abode, by one (1) or more persons, both temporary and permanent, irrespective of whether they are used actually for such purposes.

Trailer park. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers.

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

Yard. An open space at grade between a building and adjoining lot line, unoccupied and unobstructed by a 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 principal building shall be used.

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

Yard, rear. A yard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side. A yard between the principal building and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto.

(Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8-97; Ord. No. 2005-09, Ord. No. 2005-09, § 2, 3-28-05; Ord. No. 2005-23, § 3, 9-12-05; Ord. No. 2010-03, § 2, 4-12-10; Ord. No. 2010-08, § 5, 10-25-10; Ord. No. 2011-08, § 2, 10-10-11; Ord. No. 2016-05, § 2, 2-22-16; Ord. No. 2018-01, § 2, 3-12-18, Ord. No. 2022-11, § 2, 1-23-23; Ord. No. 2024-08, § 2, 8-26-24)

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

The regulations and requirements herein set forth have been made in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city.

(Ord. No. 44, § 44.01, 1-8-68)

In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, morals, safety and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business and industrial areas within the city and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers of the planning and zoning board as provided herein.

(Ord. No. 44, § 44.02, 1-8-68)

This chapter is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of other laws or ordinances existing on the effective date of the ordinance from which this section was derived, except those specifically repealed or any private restrictions placed on property by covenant, deed or other private agreement. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.

(Ord. No. 44, § 44.03, 1-8-68)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful easements, covenants or agreements, the provisions of this chapter shall control.

(Ord. No. 44, § 44.88, 1-8-68)

Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropriate by the court. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2, 5-11-87)