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ORDINANCE NO.Jtl
AN ORDINANCE REGULATING AND RESTRICTING THE FIGHT, NUMBER OF
STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PER- ;
CENTA GE OF LOT THAT MAY BE 'OCCU PIED, THE SI ZF OF YARDS, COURTS,
AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCA-
TION AND USE OF BUILDINGS, STRUCTURES, AND LAND AND WATER FOR
TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES WITHIN THE CITY
OF ZEP IIYRHILLS, FLORIDA
Bi IT KNOWN:
THAT WHEREAS, a zoning ordinance has heretofore been enacted and
o dained for the regulation of size , location and use of buildings and
o en spaces and the density of population within the City of Zephyr-
hills; and WHEREAS, the present zoning ordinance is found to be ob
s fete with respect to some areas of the city in that there has been
a change in the character of some of the areas, and in fact some areas
-' wire erroneously placed in improper zones when the present zoning
o dinance was enacted; and whereas the City Council has conducted
n merous public hearings, has given the matter much study, and has
ol, tained the services of, a professional zoning and planning expert,
aid it has, therefore , after careful study and deliberation, found.
that certain zoning changes are necessary and desirable for the
p omotion and preservation of the health, safety, morals and/or
t1 e general welfare of the City of Zephyrhills ;
NOW, THEREFORE, BE IT ENACTED AND ORDAINED. BY THE CITY COUNCIL
01 THE CITY OF ZEPHYRHILLS, FLORIDA:
SiCTI ON 1. SHORT TI TLLE
This ordinance, together with future amendments thereof, and
tie Zoning Map of the City of. Zephyrhills which is hereby adopted
ai d made apart hereof by reference, with future changes and amend-
m nts thereof shall be known as the "Zoning Ordinance" of the City
ot Zephyrhills, Florida,
SiCTION:2, ZONING DISTRICTS,
• A. Establishment of Districts
For the purpose of this ordinance in promoting the public
h alth, safety, morals and general welfare of the community, the
City of Zephyrhills, Florida, is hereby divided into seven (7)
t pes of districts, to-wit:
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(1) Zone R-1, Residential
(2) Zone R-2, Residential
(3) ` Zone R-3, Residential
(4) Zone B-1, Business
(5) Zone B-2, Limited Business, with special provisions
(6) Zone B and 1 , Business and Light Industry
(7) Zone I, Industry
B. Zoning Map .
The boundaries of each of these districts are hereby defined
a d established as shown on, in and by the comprehensive zone plan
m p entitled "Zoning Map of the City of Zephyrhills, Pasco County,
F orida" which, together with all explanatory matter, is on file
with the City Clerk of the City of Zephyrhills and is hereby adopted,
e tabli shed and ordained to be the official zoning plan of and for
t e City of Zephyrhills, Florida, and is hereby made a part, of this
o dinance by reference .
C. Interpretation of District Boundaries .
Where uncertainty exists with respect to the boundaries of an
o the aforesaid districts as shown on the zoning map, the following
r les shall apply:
(1) Where the district boundaries are indicated as apprx-
i ately following the center lines of streets, highways, or alleys
o their extensions, street lines, highway right-of-way lines,
r ilroad right-of-way lines, or alley lines, or their extensions:
s ch center lines or their extensions, street lines, right-of-way
lines, or alley lines, or their extensions as they existed on
January 1, 1964, shall be construed to be such boundaries.
(2) Where district boundary lines are so indicated that
t' ey approximately follow the lot lines or their extensions, such
1 t lines shall be construed to be such boundaries.
(3) Where district boundaries obviously do not coincide with
a y of the aforesaid lines, and are so indicated that they are approx-
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lately parallel to the center lines or street lines of streets or
a leys or extensions thereof, or the center lines or right-of-way
m2m
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1 nes of highways or railroads or extensions thereof : such di'stri t" .
b undaries shall be construed. as being parallel thereto and at such
•d stance - theref om as indicated on. the zoning map. If no such dis
t rice is given, such dimensions shall be determined. by the use of he
s ale shown on said zoning map.
(4) Where the boundary of a district follows a stream, lake
or other body of water, said boundary line shall be deemed to be a
• tie limit of the jurisdiction . of ' the City of Zephyrhills, Pasco
C unty, •Florida, unless otherwise indicated.
• S CTION 3. DEFINITIONS.
A. General .
For the purpose of . this- ordinance, certain terms or words sha 1 .
b.i deemed to include other •terms or" words, "as follows:
(1) BOARD OF "ADJUSTMENT: The term "Board of Adjustment'
s all "include and refer to- the ."City Council in all cases in which
tie City Counci1. is acting as the. .Board of Adjustment.
(2)" TENSE: " Words used in the present tense shall be un er-'
stood to include .,the future tense unless otherwise clearly indicated.
(3) SINGULAR INCLUDES PLURAL: The Singular number includes
the plural and the plural the singular, unless otherwise clearly
.in icated.
(4) LOT INCLUDES PLOT: The word T'lot" includes the word
'W1 t" or "parcel ." . See specific" definition below. ."
(5)" 'PERSON INCLUDES CORPORATION:. The word "person"
in ludes a corporation, partnership,, association "or company as well
as an individual.
(6,) SHALL IS MANDATORY: The term "shall" is always mandatory
(7) USED OR OCCUPIED: The word "used"• or "occupied" " as
ap lied to any land, building ' or .structure shall be construed to
in lude' the words "intended, "arranged, or designed to be used or
oc upied.T?
B. Specific ,
Certain .terms or words :in this ordinance shall be defined for
th 'purpose thereof as follows:
(1) ALLEY: A permanentserviceway providing a "secondar.
m ans of access to abutting properties, For the purpose of this
o dinance, any street or lane less than twenty-five (25) feet wide °
(2) ' ALTERATION: Alter or alteration shall mean any char ge ,
i size , shape, character, type of occupancy, or use of a -building
•
o structure .
(3) BUILDING: -=Any structure having a roof supported
bS columns or by walls and intended for the shelter, housing or
e closure of or c persons, animals chattel. "Building" includes
tt tructure .it
(4) BUILDING, ACCESSORY: A subordinate building, ' or
p rtion of the main building on a lot, the •use of which is custom
a ily incidental to that of the main or principal building-,
(5) BUILDING, FRONT LINE OF - The line of the face
o the building nearest the front or street line of the lot. This
f cc includes sun parlors and covered porches •whether enclosed
o un-enclosed, but does not include steps.
(6) BUILDING, PRINCIPAL: A building in which is con
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d cted the main ;or principal use of the lot on which . said said building
i situated; in the case. of certain residential districts, the
b ilding located most nearly- adjacent to the front lot or street
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(7) CARPORT: A private garage not completely enclosed y
walls and doors.
.(8) . COVERAGE, LOT. That percentage of.. the lot area . cov red
0 occupied by buildings. or roofed portions of structures . :
(9) DEPTH AND WIDTH: The depth .of a lot is the ,distant
b tween .its mean front street . line .and . its mean -rear line . The
width, of- a, lot,:is, , the distance between the sidelines thereof if
s ch side lines"are parallel to each other; if side lines are not
p rallel, .width shall be construed as mean .width. . .
(10)": DISTRICT: Any section of the City, of "Zephyrhills,
F orida, , for which, the regulations governing the uses . of_ buildings
a d premises or ,the height ..and area of buildings' are uniform.
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(ii) DWELLING: A building designed or used exclusively
the living .quarters for one or .more families
(12) • ERECTED: ; ' The word "erected" includes built, con-
s rutted; reconstructed, moved upon or any physical operations on
t e premises required for building.. - Excavations, .fill, drainage,
a d the like shall be considered a part of erection.
(13) . LINE, STREET: The dividing line between the street
a d the lot.,
(14) . LOT: For zoning purposes, as covered by this
o dinance, a lot is a parcel of land. of . at least sufficient -size
t meet minimum zoning requirements .for ' use., coverage and area,
a d to provide such yards and other. open spaces as - are herein
r quired, Such lot shall have frontage on a platted public street,
a d may consist of. :
(a) A -single. .lot of record;
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(b) A portion of a lot of record;
(c) A combination of complete 'lots. of, .record, or
of complete lots of record and portions -of
-lots •of record, . or of portions of lots of
record;: or,
(d) A parcel -of., land described by metes and
bounds description;
provided" tiiat 'in no case of division or combination shall any
re idual - lot 'or -parcel be created which does not meet the require-
me is of this ordinance .
(15) ,. LOT, FRONT LINE OF: . The street ' line upon whi ch.
th lot abuts. - In the_ case of 'a. co-r-ner lot, the ttfrontt' of the
to shall be taken as that portion 'abutting the street line upon
which the lot has the least frontage where the width or lesser
di ension of the lot is less. .than' ninety (90%) per cent of the -
de th or greater dimension. Where the width is equal to or
gr ater than ninety (90%) per cent ' of the depth, the. owner may
el ct to call either street line the front of the lot, if said
el ction conforms to the requir-ements of this ordinance ,'
(16) NONWCONFORIVIING USE: A structure or land lawfully
o cupied by a use that does not conform to the regulations of the
d strict in which it is situated.
(17) SECONDARY BUILDING OR DWELLING: A dwelling for
o e family built in the rear portion of the lot and erected either
simultaneously with or after the erection of another dwelling on
t e front of the lot.
(18) USE, BUSINESS: Use of land and the structures
t ereon pertaining to activities which are:
(a) Not strictly commercial in character, such as
t ose activities conducted in offices and establishments rendering
personal services; or,
(b) Strictly commercial in character, indicating
an exchange of goods, wares, or property by purchase or sale .
(19) USE, INDUSTRIAL: Use of land and the structures
thereon pertaining to those manufacturing or other operations
through which marketable commodities are produced.
(20) USE, RESIDENTIAL: Use of land and the structures
th reon dominantly for dwellings, i .e ., for living and sleeping
occupancy thereof by persons .
(21) YARD: An open space on the same lot with a
building, unoccupied and unobstructed from the ground upward, except
as otherwise provided herein. In measuring a yard for the purpose
of determining a side yard, the depth of a. front ront yard, or the dept
of a rear yard, the minimum horizontal distance between the lot
li e and the main building shall be used.
(22) YARD, FRONT: An open unoccupied space on the
sate lot .with a main building, extending the full width of the
lo and situated between the street line and the front line of
th building projected to the side lines of the lot. The depth
of the front yard shall be measured between the front line of the
building and the street line . Covered porches, whether enclosed . .
or unenclosed, and bay windows, shall be considered as part of the
man building and shall not project into a required front yard.
(23) YARD, REAR: An open space, unoccupied (except for
01 en-air off-street parking) on the same lot with a main building,
extending the full width of the lot and situated between the rear
1 t line andthe back line of the main building projected to the
side lines of the lot. The depth of the rear yard shall be measur1d.
between the back line of the building and the rear lot line . Covered
porches and carports, whether enclosed or unenclosed, and bay
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wi idows, shall be considered as part of the main building and shall
not project into a required rear yard.
(24) YARD, SIDE: An open space unoccupied (except for
op n-air off-street parking) on the same lot with a main building,
Sisituated between the side line of the building and the adjacent
si le line of the lot and extending from the rear line of the front
ya d to the front line of the rear yard. If no front yard is
re juired, the front boundary of the side yard shall be the front
line of the lot, and if no rear yard is required the rear boundary
of the side yard shall be the rear line of the lot.
SE TION 4. GENERAL PROVISIONS.
A. Application of Regulations .
(1) , No building or premises shall be erected, altered,
mo ed, or used for any other than a purpose permitted in the
di trict in which such building shall be erected, except in
co formity with the regulations herein described in the district
in which such building is to be located. This section shall in
no wise be considered as retroactiie .
(2) No building shall hereafter be erected or altered
to:
(a) Occupy a greater percentage of lot area, or
(b) Have narrower or smaller front yards, side
yards, or rear yards,
than is specified herein for the district in which such building
is ocated.
(3) No part of a yard or other open space required
aboit any building for the purpose of complying with the pro-
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visions of this ordinance shall be included as a part of a yard or
o her open space similarly required for another building.
(4) Reduced Lot Area: No lot shall be so reduced in
a ea that any required open space will be smaller than prescribed
i the regulations for the district in which said lot is located.
.Wzienever such reduction in lot area shall occur, any building lo-
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cated on said lot shall not thereafter be used until such buildings
is altered, reconstructed, or relocated so as to comply with the
area and yard requirements applicable thereto.
(5) Traffic visibility across corners: In any residential
district herein provided, no fence, public utility structure, sign,
o any planting shall be maintained within thirty (30) feet of -any
corner street curb line intersection so as to interfere with traffic
visibility across the corner . This does not apply to fences or
bushes on private property less than three (3) feet high above the
curb level .
(6) Accessory building: With the exception hereinafter
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set forth, no part of any accessory building shall be less than
se enty. (70) feet from any front stteet line, nor less than ten (l0)
fe t from any side street line, nor less than seven and one-half
(7 1/2) feet from any inside lot line, nor less; than ten (10) feet I
f r m any rear lot line, nor less than twenty (20) feet from the
main building. Exception: For •those lots situated between Nineteenth
St eet and Twentieth Street, the minimum setback from the front
st eet line for accessory buildings shall be sixty (60) feet; other)
requirements for said buildings on said lots shall be as hereinabove
se forth.
(7) Moving of buildings : No building or structure shall
be moved from one lot or premises to another unless such building
or structure shall thereupon be made to conform with all the pro®
vi ions of the zoning ordinance relative to buildings or structures,
he eafter erected upon the lot or premises to which such building
or structure shall have been moved.
B® Non-Conforming Uses .
(1) Continuation: The lawful use of any building' or
1 nd existing at the time of the enactment of this ordinance may
b continued although such use does not conform with the 'provisi.ons
o this ordinance .
(2) Abandonment: Whenever a non-conforming use has been
d scontinued for a period of (1) year, such use shall not there-
a• ter be re-established, and any future use shall be in conformity )
w th the provisions of this ordinance .
(3) , Alterations: A non-conforming building may not be
r constructed or structurally altered during its life to an extent,
i aggregate cost exceeding twenty-five (25%) per cent of the
a sessed value of the building at the date of passage of this
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o dinance . uriless said building is changed to a conforming use ,
(4) Changes: No building or land once changed to aon-
forming use shall be permitted to revert to a non-conforming use ®
(5) Displacement: No non-conforming use shall be
e tended to displace a conforming use
(6) District Changes: Whenever the boundaries of a
d strict' shall be changed so as to transfer an area from one
d strict to another district of a different classification, the
f regoing provisions shall also apply to any non-conforming use
e isting therein.
(7) ' Unsafe Structures: ' Any structure or portion .
thereof declared unsafe by a proper authority may be restored
t a safe condition.
C. Miscellaneous Regulations .
(1) Conformity of structures: All structures, except
ii ihdust.rial 'districts, must generally conform to other structures
i the district in which they are to be constructed, and shall be
o a nature that in no way could be considered detrimental to that!
district or detrimental to the city in whole or in part. '
(2) . Calculation of building arew: The area of a building
s all be computed from the outside finish dimenstions of the buil ing,
i cluding attached garages, breezeways, and porches, according. to
t e following method of calculation:
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(a) The area of screened porches, screened breeze-
ways, and garages designed and built integral
with the main portion of the building shall be '',
included on the basis of fifty (50%) per cent
of the actual area coverage
(b) The area of open porches, open breezeways, and
carports designed and built integral with the
main portion of the building shall be included
on the basis of thirty-five (35%) per cent of
the actual area coverage.
(c) The area of the main portion of the building,
other than the portions specifically described ]
above, shall be included on the basis of one
hundred (100%) per cent of the actual area
covered thereby.
(3) Patios and terraces: Uncovered porches, paved
p tios and terraces may project not more than twenty-five (25%)
per cent of the required front yard depth in front of the front wall
of the main building.
SF,.TI ON 5. ZONE R-1 RESIDENTIAL,
A. Uses.
Within any R-1 Residential Zone, as indicated on the Zoning
Ma , no building or premises shall be used and no building or
structure shall be erected which is intended or designed - to be use
in whole or in part for any industry, trade, manufacturing or com-
me cial purposes, or for other than the following specified purposes:
(1) A single, one-family dwelling.
(2) Public Parke
(3) Public Library and/or Public Museum, provided, how-
ev r, there is no display visible from the ,street or advertising
on the premises, other than a small sign to be apprdved by the
Bu lding Inspector stating the nature of the building and the hours±
du ing which it is open to the public.
(4) Churches and other places or worship, parish houses
an Sunday School buildings.
B. Lot Size .
(1) Minimum area: Six thousand five hundred (6, 500)
square feet, subject to the exception
below.
(2) Minimum width: Fifty (50) feet, subject to the
exception below.
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(3) Exception: For those lots situated between Nineteenth
Street and Twentieth Street, the minimum
width for a lot as defined herein shall !
be sixty (60) feet, and the minimum depth
shall be one-half (1/2) the depth of the
platted lots.
C. Minimum Building Size .
Minimum size of principal building: Twelve hundred (1,200)
sq tare feet, computed in accordance with Section 4.C.(2), above .
D. Minimum Yard Size .
(1) Front yard,. Twenty (20) feet deep.
(2) Rear yard: Ten (10) feet deep .
(3) Side yard:
(a) Interior lots and interior side of corner lots:
Seven and one-half (7 1/2 ) feet wide .
(b) Street side of corner lots: Ten (10) feet wide .
B. Maximum Lot Coverage .
All buildings shall cover not more than thirty®five (35%) per
cent of the area of the lOte
F . Parking Spaces
Every principal single family dwelling shall provide garage
pa king or storage space for off-street parking, or a combination
of both, for not less than two (2) automobiles .
G. Secondary Dwellings .
No secondary dwelling shall be permitted in Residential Zone R-1 .
SE TI ON 6 . ZONE R-2, RESIDENTIAL.
A. Uses.
Within any R-2 Residential Zone, as indicated on the Zoning
Mal , no building or premises shall be used and no building or
st ucture shall be erected which is intended or designed to be
us d, in whole or in part, for any industry, trade, manufacture, orl
cor iiercial purposes, or for other than one or more of the following
specified purposes:
(1) Any use permitted in Zone R-1, subject to all the
pro risions specified for such Zone R-1a
(2) A residence for two families, detached, semi-detached,
or between party walls.
(3) The renting of rooms or the furnishing of table boa d
accommodating not more than -ten (10) persons in a dwelling occupied
as a private residence,
(4) The office.- of a Physician or Surgeon, Dentist,
Mu ician," Lawyer'. Architect, or other like professional person
re iding. on the premises; provided, however, that there is no
ex ernal evidence of such occupation and. no display visible from
th street nor advertising except a small professional name plate,
an further provided that. such office shall not occupy more than
on -fourth (1/4) of the floor area of the residence .
(5) Customary home occupations, . such as millinery,
dr ssma_ki.ng, or hairdressing, with the following provisions:
(a) There shall' be no external evidence of ..such
oc upations, such as display of goods visible from the street or
ex erior. advertising, except for a small announcement or p'ro.fessiona
{ no -illuminated sign;
(b) uch occupation shall be carried on by a person
on y within'-the- dwelling used by him as his private' residence,
(c) Such occupation shall occupy not more than one-
th rd (1/3) .of . the floor area of said residence;
(d) Such occupation shall not be carried on in an
ac essory building or secondary dwelling;
.(e) A home-- occupation shall not be continued if by
re ' son of unsafe conditions, odors, noxious fumes, smoke, noise, or
of erwise it shall become a public nuisance• to residents in any zon
B. Lot Size
Lot size requirements, shall 'be the same as those for Zone R'-'l,
to wit:
(1) Minimum area: Six thousand five hundred (6,500)
square feet', subje ct to the exception
below,
-(2) Minimum width: Fifty (50) feet, subject to the
exception below.
(3) Exception: - For those lots situated 'between Nineteen- h
Street and Twentieth .Street, . the-._minimum
- width for a lot as defined herein shall
I'I • be sixty '(60) feet, and the minimum dep h
shall be one-half (1/2) the depth of tn
platted lots .
C. Minimum Building, Si ze .
(1) Minimunisize of principal building: Nine hundred sixty
( 60) square feet, computed in' accordance with Section .4.C,.'(2'), ab ve,
p ovided that no family living unit shall contain less than four
hu dred .(400) square feet of floor area, exclusive of porches, bree e-
ways, .carports and garages .
(2) Minimum size of secondary dwelling: Four hundred
• (400) -square feet of floor -area exclusive of. porches, 'breezeways,
carports. and garages. See Section 6 .G., below.
D. Minimum 'Yard Size .
Yard size requirements shall .be: the same as those for Zone R-1,
to wit:
(1) Front Yard: Twenty ('20) feet deep,'
(2) Rear Yard:, Ten- (10) feet deep.
(3) Side Yard:
(a) Interior lots' and interior side of corner •lots:
Seven, ''and one-half (7 1/2) feet wide ..
.(b) • Street side, of corner lots: Ten (10) feet wide. ,
E. Maximum Lot -Coveratige .
All buildings on a lot shall cover in the aggregate not more
th n thirty-five (35%) per cent of the area of the lot.
F , Farki ng Space
For every principal dwelling or multiple dwelling or secondary
dw lling there shall be provided garage parking or storage 'space
fo off-street parking; .or . a .combination of both,, for at least one
ca for each family unit .
G'. Secondary Dwellings.
Where a lot has a depth of :not less than 135 feet and a width
of not less than 60 'feet, a secondary dwelling, which may" be 6om-.
bi ed with a private garage, may, be built in the rear of the
principal dwelling,- with the following provisions: • '
(1) Said secondary dwelling shall not': be more than twent
(2 ) feet high.
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(2) The. secondary, dwelling snail be not less than twent
• ( 0) feet :f rom. the principal dwelling.
. (3) The side and rear yard requirements set forth in
S ction 6 .D., above, shall apply to the sides and rear of the
secondary dwelling..
(4). A ,driveway or easement not less than. ten. (10) feet
wide shall be maintained ,.to give access to. said secondary dwelling
f om the street or from' the' alleys
(5) For minimum size ' requirements, see Section 6 .C., ab ve .
S CTICN 7 ; ZONE R-3, RESIDENTIAL.
A. Uses. '
(1) Any use permitted in Residential Zone R-2 .
"(2) Public or non-profit private schools .
B. Lot Size .
Lot size requirements for Zone R-3 shall be the same as those'
fc, r Zone Rol. . See Section' 5.B., ..above .
C. Minimum Building, Size .
(1) Minimum size of principal building: Seven hundred
fifty (750) square feet, computed in accordance with Section ,4.C.(2),
a ove, '..provided that no family living unit shall contain less than
four hundred (400) square . feet feet of floor area exclusive of porches,
breezeways, carports and garages. ,
(2) . Minimum size of secondary dwelling: Four hundred
(400) square feet of floor ..area exclusive_ of porches, breezeways,
carports and garages .
D. Minimum Yard Size .-
Yard size requirements shall be the same as those' for Zone
R- and Zone R-2 .
E. Maximum Lot Coverage .
Lotl ,coverage requirements shall be the same as those ,for '
Zoie R-1. and Zone R-2 ..
F . Parking Space .
The Parking Space requirements shall be the same as those for
Zo e 'R .2 ,
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G. Secondary dwellings.
The requirements for secondary dwellings shall be the same as
th se for Zone R-.2.
SE TION 8 . ZONE B-1, BUSINESS
A. Uses .
Within any B-1 Business Zone, no building or premises shall
be used in whole• or in part for other than one or more of the
fo lowing specified uses.
(1) Any use permitted in Residential Zones R-1, R-2
an R-3, provided that any such use shall conform to the require-
me is of the nearest adjacent residential district .
(2) Stores and shops for the conducting of any retail
or wholesale business.
(3) _ Banks, offices, studios, hotels, newspaper business
an administrative offices.
(4) Tourist courts or motels ..
(5) Open air automobile parking lots (not used car lots)
(6) Transportation passenger stations and depots.
(7) Moving picture houses, theaters, billiard or pool
pa lors, bowling alleys, skating rinks, and similar places of
re reation or assembly.
(8) Restaurants, tea rooms, cafes, drive- ins, and other
pl ces serving food or beverages.
(9) Private schools conducted for gain.
(10) Undertaker.
(11) Telephone, telegraph and express offices.
(12) Filling stations®
(13) Baking; catering; confectionary; dressmaking;
tailoring; dyeing; dry cleaning and laundry receiving and delivery;
jot printing; carpet, rug or bag cleaning; upholstering and similar
en erprises .
(14) Metal working; blacksmithing; tinsmithing; plumbing;
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ga , steam or water pipe fitting; enameling, japanning or lacquering
had brush applied.
(15) Stone or monument, 'display. and sales only. .
('16) .Public garage .
(17) Any retail business of a similar and no more
objectionable character. .
B. Lot Size .
(1) -For residential uses, lot size' requirements in Zone
B- shall be the same as those for the nearest residential district
(Z) For non-residential: uses: Minimum width _twenty (20)
fe t; no minimum depth or area requirements ,
C, Minimum Building Size .
(1) For residential uses, building -size- requirements
sh 1.1 conform to the nearest residential district,' .
(2) For non-residential uses, . no minimum requirement.
D. , - -Yard Size .
(1) For, residential -uses, yard size requirements shall
co form to the ' nearest residential district.
.(2) For non-residential uses, no minimum requirements .
{ E TvMaximum. Lot Coverage .
(1) . For residential uses, maximum lot coverage require.- .
me is shall - conform to the nearest residential district .
(2) For non-residential uses, no maximum limitation,
su je ct✓ to parking space requirements.
F. Parking S ace.
(1) For residential uses: ` same as requirements.- for
ne rest residential district .
(2) ' For non-residential uses: one off-street parking.
sp ce for each . five hundred . (500):,square feet of total floor area.,
of building which is under roof, with a minimum of five `(5) spaces.
G, Secondary Dwelling.
The requirements for secondary dwellings shall. be 7the same as
tii` se for Zonal R-2.
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j.
SECTION 9a ZONE B-2 LIMITED BUSINESS.
A. Uses
(1) Any use permitted in Zone R-3, subject to the
r gulations governing said Zone R-3.
(2) Professional and business offices.
Bo Lot Size .
Lot size requirements for Zone BI-2 shall be the same as those
f r Zone R-3o
C. Minimum Building Size .
The minimum building size shall be nine hundred sixty (960)
s uare. feet, computed in accordance ' with Section 40C®(2) , above;
i a residence is located in the same block, said building shall
c >nform with the existing buildings in said block as to general
c nStruction and appearance
D, Yard Size
(1) The minimum depth of the front yard shall not be
1 ss than that of existing buildings in the same block.
(2) Subject to the preceding sub-paragraph, yard size
r quirements for Zone B-2 shall be the same as those for Zone R-3®1
B. Maximum Lot Coverage .
The maximum lot coverage limitations shall be the same as those
f r Zone R-3,
Fa Parking Space ,
(1) For residential uses, there shall be provided off-
street parking space in conformance with the requirements of the
nearest residential district.
(2) For non-residential uses: one off-street parking
space for each five hundred (500) square feet of total floor area
f building which is under roof , with a minimum of five (5) spaced,
G. Secondary Dwelling.
The requirements for secondary dwellings in Zone B-2 shall b�
the same as those for Zone R2 ,
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SiCTION 1.0. ZONE B AND I; BUSINESS 'AND LIGHT INDUSTRY.
A. ' Uses .
(1) Any use permitted in Zone B-i, subject to the
r gulations governing said zone.
• '(2). Wholesale and retail, sales and storage of lumber
aid other building materials and similar `articles..
(3) Wholesale and retail sales and storage of petroleum
p oducts, , subject to the National Board of Fire Underwriters .stand
a ds and amendments .thereto. !
.'(4) Light industry, manufacturing and processing,
s bject to approval of the City Council of the City of Zephyrhills,
B . ' Prohibited Uses.. ;,
The following ..shall be prohibited:
(1) . .'Any 'trade;' industry or use 'the operation of which
i noxious, offensive, . or; injurious to the properties, . or the
o cupants thereof', in this .zone' or other zones by reason--of -the
e fission; of odor, dust, dirt; smoke, gas, cinders, fumes, noise,
r fuse matter, vapor, vibration, radioactivity, or other similar
substances or conditions
M . Any industry or. use the operation of which may
-c use a blight to_ the other areas of the 'City or to the area upon
w ich said operation shall. occur unless provisions are established
a d maintained for the control of such blight-producing substances,
c nditi•ons or operations , .-.and in the .case . of- temporary operations .
producing blighted conditions to the land upon which said ope ratio s
s all occur, unless said' land ' shall ' be reconverted to its previous
c edition of stability without unnecessary delay; .
C. •Other Requirements.
The requirements as to Lot Size, Building Size, Parking Space,
e c., snail be the' same as the requirements for Business Zone B-1,
:...h re i nabove s'et forth..
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S TION 11. 'INDUSTRIAL ZONE.
A. Uses .
(1) Any use, permitted in Zone B and I, subject, to the.
r gulations governing said zone .
"(2) All other uses not prohibited by law or ordinance,.
s b ject to the following prohibitions set forth" in Sub -section B,
b low.
B. Prohibited Uses."
The following shall be prohibitedv
(1) Any trade,` industry or use the operation of, which
-,i noxious, offensive, or injurious;~to the properties, or the
o cupants thereof, in this zone or ,other zones by reason of ,the
e fission of odor, dust, dirt, smoke', gas, "cinders,. ;fumes, noise,
r fuse matter, vapor, vibration, radioactivity, or o her similar
sibstances or .conditions.
(2) Any industry. or use the operation of which may
c use a blight to the other areas of the City or to the area upon
w ich said operation shall occurunless provisions- are established
aid maintained for the control of. such blight-producing substances,.
c nditions or operations; and in the case of temporary operations
producing blighted conditions to '•the land upon which said operations.
s all occur, unless said• land shall: be reconverted to its ' previous
condition of stability without unnecessary delay.
ECTI ON 120 'ANNEXED TERRI-TORY.
All, territory which may hereafter be annexed to the. City ..of
ephyrh lls shall be automatic lly. zoned. as. an R-3 Zone until
o herwise changed by ordinance, after public hearing as herein
p ovide.d.;. "PROVIDED, HOWEVER•,: -that ' if such annexed' territory, is
a jacent to ,a Zone R-1 or Zone R-2 district, said .,annexed territory
s Lall be zoned the same as the residential zone to which it is
a Ljacent, .until changed as": he rein set forth.
S CTION. 13. E1`?FORCE MEN T. .
it shall be the duty:of the. Building Inspector to enforce
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tie provisions of this ordinance . IIe shall refuse to grant a
p rmit for the use of premises or the construction or alteration
o any building if the use of the building as constructed or
a tered would be a violation of any of the provisions of this
o dinance . Any misstatement or inaccuracy on the application for
a permit, or any violation of the provisions of this ordinance
shall be sufficient grounds for the revocation of the permit by
ti e Building Inspector.
S CTT_ON 14. APPLICATTON? FOR BUILDING PERMIT.
All applications for building permits made shall be accompanied
b plans in duplicate, endorsed by the applicant, drawn to scale,
si owing the actual dimensions, radii , and angles of the lot to be
bi ilt upon, the exact size and location on the lot of the building
ai d accessory buildings to be erected, and such other information
a may be necessary to determine and provide for the enforcement
o this ordinance . One copy of such plans shall be returned, when
a proved by the Building Inspector, to the owner.
Si CTION 15. BOARD OF ADJUSTN�NT.
A. Organization,
(1) Establishment: A Board of Adjustment is hereby
e tablished in accordance with the provisions of Chapter 176,
F orida Statutes, for the purpose of making special exceptions
t the terms of this ordinance and of any amendments thereto, in
h rmony with its general purpose and intent and in accordance
w th general or specified rules contained therein,
(2) Membership: The Board of Adjustment shall consist
o five (5) members appointed by the Mayor and approved by the Cit,r
C uncil, each to serve for a. term of two ears with the terms of
years,
t o members and three members, respectively, expiring in alternate
y ars ., Such members shall be removable for. cause by the appointee
a thority upon written charges and after hearing. Vacancies
g public g
o curring in said Board of Adjustment shall be filled in like manner,
a d shall be filled for the unexpired period only of the unexpired ! `'
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t rm of any member whose term becomes vacant.
• (3) City Council May Act as Board of Adjustment: In th
e ent of 'the failure or refusal of the Board of" Adjustment to function,
o in theevent the City Council is unable to obtain the services
o five qualified persons to serve as members . of the Board of
A justment, . the City Council of the City .of Zephyrhills shall act
a the Board of Adjustment; with; all the powers- and duties of said
B and as herein set forth."
(4) Functioning of the Board: The Board shall adopt rules
i accordance with the provisions of any ordinance adopted. pursuant
t law. . _ Meetings of the .Board shall be held at the call of the
c airman and at such times as the Poard may determine. Such chair
m n, or in his absence the acting chairman, may administer oaths
a d compel the attendance of witnesses .' All meetings of the Board
s all be open to the public. The Board shall keep' minutes of its
p oceedings, showing the vote of, each member. upon each question,
o , if any member. is absent or fail to vote, " showing such fact;
a d shall keep records, of its examinations and 'other official actins,
a 1 of which shall be immedi a-t:e ly filed in. ,the office of ' the Board
a d shall be a public record. 'All such actions shall be subject
t the approval of the 'City Council; in instances when the City
C uncil is not serving as the Board of Adjustment.
(5) Voting: The concurring vote of three (3) members .
o the Board shall be necessary to decide in favor of the applicant
a to any.matter upon which said Board is required to pass -under
t e provisions of this ordinance . The concurring vote of three (3)
m mbers of the City .Council 'sh-all ..b'e nece'ssary to approve, any
a ti on . of .the said Board
B. Appeals, How Taken;
(1) Who May Appeal: Appeals to the Board of Adjustment
'n y be taken by any person aggrieved or by any officer or bureau
o the City. of Zephyrhills . affected, by any decision of the `Buildi g
I Spector. The City Council may order a hearing, without an appeal
b ing taken in any instance- in which it may appear, in. the opinion
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C _ 1
- I 4
, I
o a majority of the members of the City Council, that it is in
t. e public interest that such a hearing be held®
(2) dime and Manner of Taking Appeal: Such appeal shall
b taken within thirty days from the time of issuance of the
a pealed decision, by filing with the Building Inspector from whom
ti e appeal is taken and with the Board of Adjustment a notice of
a peal specifying the grounds thereof , in writing.
(3) Action by Building Inspector on Appeal: Upon
r ceipt of written notice of appeal as set forth above, the
B lding Inspector from whom the appeal is taken shall forthwith
t ansmit to the Board all the papers constituting the record upon
w ich the action appealed from was taken®
C. Powers of the Board of Adjustment
The Board of Adjustment shall, have the following powers,
s bject to approval of all decisions by the City Council as
hereinafter provided:
(1) To hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determin®
tion made by an administrative official in the enforcement of
his ordinance or •of any , amendment adopted pursuant thereto .
(2) To hear and decide special exceptions to the terms
f the Zoning Ordinance.
(3) To authorize upon appeal in specific cases such
ariance from the terms of the Zoning Ordinance as will not be
ontrary to be public interest, where owing to special conditions
literal enforcement of the provisions of the ordinance will
esult in unnecessary hardship, so that justice may be done .
D. Decision of the Board.
In exercising the above mentioned powers, the Board of Ad-
ustment may, in conformity with the provisions of. this ordinance
everse or affirm, wholly or partly, or may modify the order,
equirement, decision, or determination appealed from; and may
ake such order, requirement, decision, or determination as ought;
o be made; and to that end shall have all the powers of the
®22-
' I
officers: from whom the appeal is taken. The concurring vote of
three (3) members of the Board shall be necessary . to reverse any
o der, requirement, decision or determination of any such administ a-
tive official, or, to decide in .favor of the applicant on any 'matte
u on which it is required to pass, or to effect any variation in
• such ordinance . All decisions of the :BO of Adjustment shall
be made subject to the approval of the City Council, as herein--
a ter provided®
E. Approval_of the' City_ Council.
(1) In instances where the City Council of the City of
Z phyrhills is acting as the Board of Adjustment, the decision
at the City Council acting as such Board shall be final.
• (2) All decisions of the Board of Adjustment in cases
were the City Council is'.not acting as such Board,' shall be subje c
• t the approval of the City Council . The concurring vote of three
,()members of the City Council shall be necessary to approve any
d cision of the Board of Adjustment The decision of the City-
, C uncil,, shall be final.
SiCTI ON 16. RE EST FOR ZONING CI-IA? GE OR EXCEPTION.
A. Duty of the Board of Adjustment.
In considering requests for changes in zoning districts or
e ceptions to zoning regulations, . the Board of Adjustment shall
always act with due consideration, to promoting the public. welfare,
safety, convenience and health, encouraging the most appropriate
u e of land, and conserving property value, shall permit no .
bi ildi'ng or use detrimental., to a .neighborhood, and shall prescribe
appropriate conditions and safeguards in each case', "
B. Application for Change . . . . .
An. application for change in zoning districts or exceptions
t • said zoning districts must meet the following requirements:
M . Application shall be made in writing to the Board
• ot Adjustment, delivered- to the City Clerk for transmittal to
tie Board,
(2) Application must be accompanied by a legal description
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of the property and proof, of ownership and/or agreement to purchase
with respect to the property in question.
(3) Application must be accompanied by a filing .fee in
t e amount of Ten, ($10.00) Dollars, ;to cover costs which .may be
i curred by the City with respect to such application.
C. Public Notice .
Upon . receipt, of .said. application, the City will furnish to
t e applicant .two (2) typewritten notices which are to be dis-
p ayed conspicuously. on or near the'iproperty in question so that
a 1 concerned may be able.. to read them, and shall be kept in
legible condition for at least ten, (10) days prior to the open
h aring that follows. - Said notices shall .state the nature of the
c ange applied for, and the date of ; the hearing. In addition,
n tice"' shall be: published- once 'a week for two consecutive' weeks,
p for to said hearing, in a newspaper of general circulation in
t e City of Zephyrhills . . .
D. Public Hearing.
- A public hearing shall be held by. the Board of Adjustment
• w thin thirty (30) days 'after the':'date application is .made .
E. Consents May be Obtained®
The applicant may secure and present to the Board of Adjust-
m nt, at or before the public hearing above referred to, the
w itten consent of all . pr.operty owners and residents within a
r dius of five hundred (500) feet of the extreme boundaries of
t e property in question. When said written consent of all
p operty: owners is obtained, •j•• shall be construed as establishing
a prima facie showing by the applicant of the need for the change
r quested.
F, - Right of Refusal
The Board . of Adjustme:nt . shall ;have the right to disapprove
a y application hereunder, notwithstanding the fact that all the
a ove requirements have, been complied with,• if in the opinion of
t e Board such application, for change is in any way detrimental
to the benefit of the public at .large . The applicant may there-
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c .
u on appeal such refusal to the City Council, in instances where
t e City Council is not acting as the Board- of Adjustment, and
t' e decision of the City Council, by the concurring vote of - three
(. ) members thereof, shall be final. ,
S CTION 17. PENALTY FOR VIOLATION.
Any person who shall violate any of the provisions of this
o dinance or fail to comply therewith or with any o.f the require-
in nts thereof, or who shall build, or alter any building in violation.
o any detailed statement 'or plan submitted and approved hereunder
s all for each and every violation or non-compliance be guilty of
a misdem:eanor,' and, upon convictionthereofq shall be fined not
m re than Five Hundred ($500 .00) Dollars or he imprisoned for.not
m re than- sixty (60) days, and each day 'such violation is permitted
t exist shall constitute a separate offense . The owner or owners
o any building or premises or part thereof, where anything in,
v olation of this ordinance shall be placed, or may be caused, to
e :it -aid any architect, ' builder, contractor, .agent or person
e ployed in connection therewith, and who may have assisted in
t e commission of any violation, shall each be guilty of a 'separate
o f erase and, upon conviction thereof , shall be punished as herein
p ovideda
S CTI Ofd 18. . .VALI DI TY.
Should any section, paragraph, clause, word or. provision of
t is ordinance be decided by the courts to be. unconstitutional
o invalid, such decision shall not, affect the validity of the .
-o dinance as a whole or any part thereof 'other 'than '.the"part`
s ''decided to be unconstitutional or invalid.
S. CTI ON 19.. PRIOR ORDINANCES REPEALED.
All ordinances or ' parts of ordinances in conflict herewith or'
i consistent with the provisions of! this �ordinance - are '4ereby , repealed.
The' 'foregoing Ordinance was read and passed on -.its First
R ading by the City Council of the City of- Zephyrhills, Florida, on
-25-
_ _ .. a .. , • • !, •+ , •� ..
the—rday of 1964.
7-gident of ouncil
fittest: : .
City :Qlerk
The :foregoing. Ordinance - was, .read and passed. on its Second
ading by i e City Council of the City of Zephyrhills, Florida, . ..
o -th day f 1964.
resident o ty ounc' 1
A test: �—
i ty Clerk.
The -foregoing Ordinance was read and passed on- its Third
R ading.' by the City Council of the City of ?ephyrhills, Florida,
01 the _ a y . of1 /(. , 1964.
i resident o ityCouncil
A test: .
it.y Clerk .
The foregoing Ordinance , approv'ed. by me 'this. -day of
196.4.
ma or
1 ,
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Affidavit for Proof of Publication THE ZEPHYRHILLS NEWS
Published Weekly
Zephyrhills, Pasco County, Florida
SATE OF FLORIDA,
UNTYY OF PASCO:
Before the undersigned authority personally appeared
----------------------------------------------
ho on oath says that he a is
o The Zephyrhills News, a newspaper published at Zephyrhills
Pasco County, Florida; that the attached copy of advertise- NOTICE Ot
PUBLIC HEARING /
eat being a___ Q 7 ( T} 'it 7_C _t;(' i_1 1 £_ ------_-. NOTICE IS HEREBY GIVEN to
e =L �' = ¢ all interested persons that a Public
Hearing will be held in the City
-------------------------------------=-----`----------------- — Hall,.: in Zephyrhills, Florida. I on
Ch�i1?'111^- e.i J t I zO111i3 Oa — Monday, October 11, 1971 at: 7130
1 the matter of__-__=___�_-__?__________ _ ______________________ P.M0 with reference..•to ting
and'.ehan ing the,present existing
ll
fling ordinance _to=wit:
1. Blocl: 10 City of Zephyr-
-____---- hills- Change-' from Busin
in the -- _ -
......... -- ' (B-2) to Business (B-1). • .
ourt waspublished in said newspaper in the issues of .____--_---_ _. P , Hated this 20th day of Se
s P - -ber, 1971.y,- '-
�7 9 J(olm Phillips, Jr.
iJi------------------------------------ City Cleric
City of Zephyrhills •
epyrills, Florida ,;
----------------------------------------------------------------- 33599
— - AgDd e.
-------- - ----
------------ Lster Bales. Jr.that said Zephyrhills News is a newspaper PublihdSet. 23 & 30, Ys71blished at Zephyrhils, in said Pasco County, Florida, and that the
s id newspaper has heretofore been continuously published in said
asco County, Florida, each week and has been entered as second
c ass mail matter at the post office in Zephyrhills, in said Pasco
ounty, Florida for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further
says that he ghë has neither paid nor promised any person, firm or
orporation any discount, rebate, commission or refund for the pur-
ose of securing this advertisement for publication in the said news-
aper.
Editor
worn to and subscribed before me
t • -. _'f!.._j"!-day of __ � ' �_" iZ?h- ------_,/197 -.
Notary Public.
SEAL) NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
y commission a FISSION EXPlktS ,,�,R.v_ 9, 1972
----------------- ------------
_ 0 EA IMROu6H rkaED W. DIESTELHo8is2
1520 First Street
Zephyrhills, Florida, 33599
September 20, 1971
Zephyrhills City Council
Z phyrhills, Florida, 33599
G ntlemen::
. B1k." 10, City of Zephyrhills.
W , the undersigned, would like to , submit for your consideration,
a request for a zoning change for the above mentioned parcel from
i ' s,. present, B-2 (( Light Business ) to a B:�-1 ( Business ) zoning.
e reasons for this request are as follows: .
A. Proposed beer,wine, and liquor estsblishment adjacent (approx.
125 ' ); to the above mentioned parcel of property, with it 's
resultsnt activities, noise, and confusion.
B'. Since there is now a dwelling (residential) on this property
in which my wife and I reside, this will result and has airead
in it 's present form of operation resulted in loss of proper rest
and sleep at various hours of the night.
C:". This rest and sleep is of utmost necessity for my wife, who' is
now recovering ( opefull yi)≥ frown '. an extremely serious brain tun r
operation at Tampa General Hospital, where she is still confin d,
since September 17,1971, when she was in the operating room an
recovery room from 10:10 A.M. to. 8I5 P.M before being transferred
into the intensive care unit.
D". . The foregoing reasons will necessitate our moving to another
location (hopefully- in Zephyrhi.11s) .
E. To rent this dwelling as such is very questionable due to it 's:
surroundings, water drainage problems, etc. .:
C tinued:-
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C: ntinued:
F This operation, doctors ' and surgeons ' ' fees, etc. far outstrip
our insurande coverages, and to move: to a different location,LL
with no income or use: from this above mentioned property present
very difficult finiancial problems.
C If zoned B`=1 (' Business ) , we believe it possible to rent to
clean, respectable, daytime operational businesses (No Barber
Shop is proposed as before) .
H This property is surrounded on all sides except one, by various
business en_dasvors. :
We appreciate the thoughtful consideration and reaction �iven
this request by your body, "The Zephyrhills City Council '.
Thanking you for your reply:
N'e�,iton L. Mays
llian Y. Nays
October 12, 1971
lir. Newton L. Nays
1520 First treet
7.ephyrhills, Florida 33599
Dear 1:r. 1iays:
The City held a public hearing on Cctober 11, 1971 pertaix..-
ing to modifying and changing the zoning in block 10 as requested by
you.
The Council approved the zoning chance from 1:-2 to F-1.
If any additional information is needed do not hesitate to
contact this office.
Sincerely,
John Phillips, Jr.
City Clerk
J'='Jr:lb
y i
Notice of Public Hearing
NOTICE-IS HERESY- GIVE'S to all interested persons that a Public
Hearing till be held in the City Hall in Zephyrhills, Florida,
on Monday, October-ll, 1971 at 7:30 P.M. with reference to
modifying and changing the present existing zoning ordinance,
tovwit:
1. Block 10, City of Zephyrhills-
Change from Business (B-2) to Business (B-1).
Dated this 20th day of September, 1971.
John Phillips, Jr.
City Clerk
City of Zephyrhi.11s
Zephyrhills, -Florida
33599
Published Sept 3b& 30, 1971
Approved
Attorney