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HomeMy WebLinkAbout295 Zoning Ordinance 233 r4D i - 01) . il)t� 0)fORDINANCE N0 . 295 01Vcc ORDINANCE TO BE KNOWN AS THE "ZONING ORDINANCE" ��''. FOR THE CITY OF ZEPHYRHILLS IN SETTING. FORTH THE PURPOSES THEREFORE : ESTABLISHING DEVELOPMENTAL GOALS AND OBJECTIVES : ESTABLISHING R-1., R-2, R-3, R-4, MH, C, OgP,- AND I DISTRICTS AND DEFINING SAME, INCORPORATING ZONING MAP BY REFERENCE: PROVIDING RUT1FS GOVERNING DISTRICT BOUNDARIES : REGULATING LOT REDUCTION, REQUIRED FRONTAGE, BUILDING. HEIGHT, BUILDING RELOCATION, CONFORMITY OF STRUCTURES, , AND TRAFFIC VISABILITY: DEFINING TERMS, ESTABLISHING PERMITTED USES, SPECIAL EXCEPTION USES, LOT REQUIRE- MENTS, BUILDING REQUIREMENTS, PARKING AND ACCESSORY— BFILDING USES FOR EACH DISTRICT: PROVIDING FOR BUFFER ZONES : GOVERNING SITE PLAN REVIEW AND ADMINISTRATION REQUIREMENTS : ESTABLISHING PLANNED UNIT DEVELOPMENTS AND REGULATION THEREOF: GOVERNING NON-CONFORMING USES : PROVIDING FOR SPECIAL EXCEPTIONS : ESTABLISHING A fl VARIANCE : REGULATING REQUESTS. FOR ZONING CHANGES : OD PROVIDING FOR ENFORCEMENT THEREOF, CIVIL AND CRIMINAL: PROVIDING FOR A PARTIAL DECLARATION OF INVALIDITY: REPEAL OF ORDINANCE NO . 171 AND PROVIDING EF±"ECTIVE 'I DATE THEREOF. cx RECORD VERIFIED . . JED PITTMAN Clerk Circuit Court, Pasco Co r BY ), . ,( %/BE IT KNOWN: v `1 THAT WHEREAS, a zoning ordinance has heretofore been en- acted and ordained for the regulation of size, location- and use of buildings and open space and the density of population with- , in the City of Zephyrhills ; and WHEREAS , the present zoning or- dinance is found to be obsolete 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 were erroneously placed in improper zones when the present zoning ordinance was enacted; and WHEREAS , the City Council has conducted numerous public hear- ings , has given the matter much study, and has obtained the ser- vices of a professional zoning and planning expert, and it' has , therefore after careful study and deliberation found that cer- '` tain zoning changes are necessary and desirable , for the promo- ' tion and preservation of the health, safety, morals and/or the.;;' general welfare of the City of Zephyrhills ; . NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE C Y K ' �• — COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA: c_c, CA) 11111 • C.:� t� SHORT TITT,F: co _= • ; i �I This ordinance , together with future amendments ther.e'„of '-- 720 ° and the Zoning Map of the City of Zephyrhills which is hereby adopted and made a part hereof by reference , with future changes, and amendments thereof shall be known as the "Zoning Ordinance" of the City of Zephyrhills , Florida. ' ' / -% f ...1 AL, - lv .: .,P J�___,. .) -L-0--,----- %A °�'f," ?Au 4C4. 234 SECTION II. DEVELOPMENT GOALS AND OBJECTIVES ' 1 . Public Protection: To assure that all future develop- ment in Zephyrhills is in harmony with the existing and future, needs of citizens in order to protect, promote and improve the health, safety, comfort and general welfare of the public. 2. Development Quality: To encourage planned development in a varity of housing types and with adequate provisions for recreation and utility services . 3. Commercial Development: To encourage placement of necessary and desirable commercial facilities in clustered, planned areas related to community needs while, discouraging strip development. 4. Industrial Development: To encourage planned light industrial development, thereby. creating new jobs while adding to the ex- isting tax base without ecological danger. S . Public Services : To encourage the timely expansion and maintenance--o-f- roads .and=•community -services throughout.-ail areas of the City. 6. Traffic Flow: To provide adequate thoroughfares that reasonably, quickly, and safely move traffic through and around Zephyrhills . 7 . Parks and Open Space : To insure that adequate open and recreation space is maintained while providing for the protection of the City' s valuable natural resources. 8 . Community Character: To retain the unique atmosphere of the City through the encouragement of well planned residential , commercial, and industrial development.- NW PAGE 1465 235 SECTION III GENERAL PROVISIONS 1 . General Districts • For the purpose of this Ordinance, the City of Zephyrhills shall be divided into the following eight (8) districts : R-1 R-2 Residential One District Residential .Two District R-3 Residential Three District • R-4 Residential Four, Multi-Family District M H Mobile Home District • C Commercial District ' 0 & P Office and -Professional -District I Industrial District • (� 2. Zoning Map Li The official boundaries of said districts shall be shown (V') upon a city map which shall be maintained and 'kept in 'the pos- cJ session of, the Zephyrhills Planning Department. All districts shall be shown on the maps, which shall be known as. the Official Zephyrhills Zoning Map. All district amendments or alterations to this Ordinance shall be shown on the map, when applicable,.. . and dated. The map and all notations , references and other data shown thereon are hereby incorporated by reference i11to."-this Ordinance as if.all were fully described herein. 3 . District Boundaries • 111 Where_ uncertainty exists.:wi:th respec=t to• .the':boundaries" of any of the aforesaid districts as shown on the Zoning' Map, the following rules shall apply: • a)Where. district boundaries are indicated as approximately following the - center lines of streets , alleys, railroad frighof=waysEitioretheir,_extensions;Tora corporate- bound- ares; these delineations as they existed on November 1 , 1979 shall be. construed to be such boundaries . b)Where district boundary lines are , sotindicated that they approximately .follow lot lines or" their extensions, such lot lines shall be construed to be such boundaries . c)Where district boundaries 'obviously do not coincide with any of the aforesaid lines , and are so indicated that they are approximately paralled to the center lines of streets, alleys , railroad right-of-ways., or extensions thereof: such boundaries shall be construed as.-be'ing ' parallel thereto and at such a distance as indicated on the Zonthe Zoning Map. If no such 'distance' is given, such di- mensions shall be determined by the use of the scale, shown on the Zoning- M4.. _ 111 d)Where the boundary of a district follows a stream, lake, o'r other lbody-of water, said boundary line Shall be. de- emed to be at the limit of the jurisdiction of the City of Zephyrhills , unless otherwise indicated. e)In the case of any uncertainty, the Board of Adjustment shall interpret the intent of the map as to the location of the district boundaries . • FE1V6 E .J37 PNE 1466 236 4. Lot Reduction No lot shall be so reduced in area that any lot size or required open space will be smaller than prescribed in the regulations for the district in which said lot is loca- ted. Whenever such reduction in lot area shall occur, any building located on said lot shall not hereafter be used un- til such building is altered, reconstructed, or relocated so as to comply with the applicable area and yard requirements . 5. Required Frontage All lots and all homes and duplexes shall be required to have frontage on a dedicated public street. Minimum lot dimensions shall indicate the front footage required. 6. Building Height Building height has been established by the capabilities of the City Fire Department. Any party wishing to exceed the two story height ceiling shall come before 'the Fire and Plan- ning Departments for approval. The Department heads shall forward their recommendations to the City Council for action. Approval may be granted if said applicant can demonstrate the ability to meet all Fire Code regulations . 7. Building Relocation No building or structure shall be moved fromonelot or premises to another unless it shall be made to conform to the Southern Standard Building Code and the regulations of the district to which it is moved. 8 . Conformity of Structures All structures , except in industrial districts., must generally conform to other structures in the district in which they are to be constructed, and shall be of a nature that could not in any way be considered detrimental to that district or to the City in whole or in part. 9 . Traffic Visability Traffic visability across corners : No fence , public utility structure, sign, or any planting shall be maintained within ten ( 10) feet of any cornerstreet curb line inter- section so as to interfere with traffic visability across the corner. This does not apply to fences or planting on private property when less than three ( 3) ,feet .high. above the curb level. REE.6n E O3 PAGE1467 237 SECTION IV. DEFINITIONS' For 'the purpose of this Ordinance , the terms and' words herein shall be interpreted as follows unless otherwise expressly stated: ' Word Usage 1 . The present tense shall include the future tense . 2. The singular shall include ' the plural . 3. The w.ord:- "lot" includes the= words "plot" and "parcel" . 4. The words "person" , "owner" , or "developer" shall include a corporation, partnership, association or company as well Ckl as an indiidual. 1.0 5. "Shall" and "will" are always mandatory. CO 6. The words "used" or "occupied" as applied to any land, building 'or' structure shallbe construed to include the ctr words "intended arranged, or designed to be used or oc-' cupied. " Definition 'of Terms ' 1 . Accessory Building: A subordinate biilding, the use of which is customarily incidental to that of the main of principal building. Accessory buildings shall not be used as dwelling units . 2. Alley: A permanentserviceway providing only a secondary means of access to abutting properties and not intended for general traffic circulation. Alleys shall •be a mini- mum of twenty (20) feet in width. 3. Alteration: Any change in size , shape , character, type of occupancy or use of a building or structure. 4. Board of Adjustment: A five person Board appointed by the Zephyrhills City Council as provided in Ordinance 278 . 5. Boarding House : Any' dwell-ing 'iri which four to ten people , either individually or as families , are lodged, with or without meals," for compensation. 6. Building: Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclo- sure of persons, animals or chattel. "Building" includes "structure. " 7. Building Area: The total of areas ' taken' on a horizontal plane at the main grade level of the principal building and all secondary and accessory buildings excluding un- covered off-street parking areas and steps. 8 .' Building, Front Line: The line of the face of the building nearest the front street line of the lot.. This includes sun parlors and covered porches whether enclosed or unen- closed but doesnot include steps. 9. Building, Height: Height shall be measured by "stories" . A story shall be that portion of a building included be- tween the surface of any floor and the surface of the floor next above it , then the space between any floor and the ceiling next above it. For the purpose of height restric- tion, basements shall not constitute a "story. ". O,,Ir,A , , etPUC /: 1�;7 MEI lic. 238 10.Building, Primary: A building in which is conducted the main or principal use of the lot on which it is situated. In the case of duplexes , the entire living space of the structure shall be considered the primary' andsecondary dwellings com- bined. 11.Building, Secondary: . A second_ dwellingfor one family erected either simultaneously with or after the erection of a primary dwelling on the same single building lot. In the case of duplexes , the entire living space of the struc- ture shall be considered the primary and secondary dwellings combined. Primary and secondary dwellings constructed on one building lot must remain under single ownership. 12.Buffer: An opaque wall ,_ , fence, or .screen .planting which is a minimum of six (6) feet tall . Landscape buffers shall be designed to be .75% or more opaque within .one; ( 1) year after. start of construction. • 13.Carport: A private garage not completely enclosed by walls and doors . . 14.District: Any section of the City of Zephyrhills for which the , regulations govermmng theu,usescofbbaini .gsaandppremases and the height, area, and 'dens. ty of buildings are uniform. 15.Dwelling Unit: A building designed or used exclusively as the living quarters for one family. 16.Easement: Any strip of land created for a specified use which has limitations , , the title to which shall remain in the name of the pro_1perty-. owners, subject to the designated reserved right of use. 17..Erected: Moving, construction, reconstruction, moving up or any physical operations on the premises required for building. Excavations, fill, drainage and the like shall be considered a part of erection. . . 18 .Frontage: The distance of width of a parcel of land mea- sured along a cont gutous- public street r1_ght _off-away. 19:Height: See "Building Height. " 20 .Line ,. Street: The dividing line between the street and the lot. 21.Lot: Any lot or lots, plot, portion or parcel of land considered as a unit and of sufficient size to meet mini- mum zoning requirements for use , coverage , open space , and area. 22.Lot Coverage: That percentage of the lot area covered or occupied by buildings or roofed portions of structures. 23.Lot Depth: The distance between the lot ' s mean front street line and its mean rear line , •'. 2L.Lot, Front Line of: The street easement line upon which said lot abuts . . • 25.Lot Width: . The distance between the lot' s mean side lines . 26.Mobile Home Park:* Those areas developed under single ownership for the purposes of rental or sale of mobile home lots stall be considered mobile home parks and shall be subject to minimum site requirements and review. 0 firm �' n tr.�kU U I PAGE . � 273 27..Non-Conforming Use : A use, whether of land or of a struc- ture, which does not comply with the applicable use provi- sions or amendments of this Ordinance , 'where such use was lawfully in existence prior to the enactment of this Ordin- ance . 28 .Parking Space: An area of land at least nine (9) feet wide ' by twenty (20) feet long suitable for the temporary storage of a passenger vehicle . 29.Planned Unit Development: A commercial , professional, or residential project of three units or more constructed by a single owner or group of owners acting jointly .who pe- tition to develop in this fashion, involving a related group of uses planned, developed, and regulated as an entity. Such developments are compactly arranged individual or multi-unit buildings grouped in or around common open spaces together with public and semipublic uses or recreation fa- cilities , provided that they are functionally integrated so that the character of the development conforms to the purpose and intents of this Zoning Ordinance. Such devel- 00 opments shall include the necessary covenants or other legal (.9 provisions and financial programs as will assure conformity Q to the directives of the Comprehensive Plan. 30 .Plat: A scaled map, plan or layout of a subdivision indi- cating the location and boundaries of individual properties . 31 .Primary Building: See "Builging, Primary. " 32.Screen Planting: A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining districts the structures or uses of the premises on which the screen planting is located. 33.Special Exception: The granting of a modification of the provisions of this Ordinance as authorized in specific in- stances listed, and under the terms , procedures and condi- tions prescribed herein. Special Exceptions are adminis- tered by the Board of Adjustment. 34.Street: A way over twenty (20) feet in width which is ded- icated to public use by legal mapping or any other lawful procedure and is accepted by the City. This includes any avenue, boulevard, court, lane , road, blighway or similar public ways which afford the prescribed means of principal access to an abutting lot. 35.Use: The specific purpose for which land or a biilding is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not include any non-conforming use . 36.Variance : The relief granted by the Board of Adjustment upon appeal in specific hardship cases from the terms of this Ordinance but within itssspirit and intent. 37.Yard: An open space on the same lot with a building, un- occupied and unobstructed from the ground upward, except as other wise provided herein. In measuring a yard for the purpose of determining a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontial distance between the lot line and the main building shall be used. Covered porches , whether enclosed or unenclosed, and bay windows shall be considered as part of the ma=in building and shall not project into the required yard. �Fria I C37 PAGE 470 274 38 .Zoning: A legal and administi-ative process whereby a City divides its territory into districts, and applies to each district a number of regulations to control the use of land, the height and bulk of buildings, and the area of ground built upon. . _ rco 1,- iw i , = iACCESSORY.:::- 10mMNG t' ... ........ ..... ...... ..... ..... b.5 . . . . . ......... ....... ........ . ........ ........ ....... . ... .... ........ . .... . ....................... yside yard- — -side a • • lot width' : C • • — o .01 I front lot line' street line I. : , . vim's 103T PAGE1471 275 SECTION VI: RESIDENTI CT A. Permitted Uses 1. Single family homes of not 1 '0 square feet 2. Parks 0111 B . Special Exception Uses 1. Churches 2. Utility and Public Structures C . Lot Requirements 1 . Minimum lot size : 6,000 square feet per dwelling unit (� 2. Minimum lot dimensions: At least 50 feet by at least 90 LU feet,. with a total of not less than 6, 000 square feet. 0 3 . Maximum lot coverage: 35% D. Building Requirements 1 . Minimum building size : 1 ,200 square feet 2. Minimum setbacks : front, 20 feet side , 72 feet 10 feet on sides abutting streets rear, 10 feet 3 . Maximum height: 2 story 4. Maximum density: q.3 dwelling units per acre E . Parking 1 . A minimum of 2 off-street parking spaces shall be pro- vided for every dwelling unit. 2. Churches shall provide 1 off-street parking space for every 5 seats in the sanctuary area. F. Accessory Buildings 1 . Accessory buildings shall be placed in the rear of side yards, and meet all setback requirements . All • rar;E /472 276 SECTION VII : RESIDENTIAL TWO DISTRICT RESIDENTIAL A. Permitted Uses 1 . Single family homes of not less than 960 square feet 2. Planned Unit Developments 3 . Parks 111 B . Special Exception Uses 1. Churches 2. Boarding Homes 3. Schools 4. Utility and Public Structures 5. Home Occupations • C . Lot Requirements 1. Minimum lot size: 6,000 square feet 2. Minimum lot dimensions: At least 50 feet by at least 90 feet, with a total of not less than 6, 000 square feet 3. Maximum lot coverage : 35% ' D. Building Requirements 1. Minimum building size: 960 square feet 2. Minimum setbacks: front, 20 feet side , .72 feet . 10 feet on sides abutting streets rear, 110 feet 3. Maximum height: 2 story 4. Maximum density: 7.3 dwellingrunits per acre E . Parking 1 . A minimum of 2 off-street parking spaces shall be pro- vided for every dwelling unit. 2. Churches shall provide 1 off-street parking space for • every 5 seats in the sanctuary area . F. Accessory Buildings 1 . Accessory buildings shall be placed in the side or rear yards and shall meet all setback requirements . °'1° 1[ W7 .01473 • 277 SECTION VIII : RESIDENTIAL THREE DISTRICT A. 'Permitted Uses • • 1. Single family homes of not less than 750 square feet 2. Duplexes of not less than 950 square feet 111 111 3. Planned Unit Developments 4. Parks B . Special Exception Uses - • - 1 . Churches 2. Boarding Homes • 3. Schools • 4. 'Utility and Public Structures LO 5. Home Occupations O IrX C. Lot Requirements 1 . Minimum .lot. size : 6,00.0, square feet, • . 2. Minimum lot dimentions: At least 50 feet. by at least 90 feet, with a total of not less than 6,000 -square feet. • 3. Maximum lot coverage: 35% • • D. Building Requirements 1 . Minimum building size: 750 square feet for single family units 950 'square feet for' duplex structures 2;. - Minimum .s.etbacks : Tront, .20 feet side, 772 feet 10 feet on sides abutting streets rear, 10 feet 3 . Maximum height: 2 story. 4. Maximum density: 14 dwelling units per acre E . Parking . 1 . A minimum of 2 off-street parking spaces shall be.. pro- vided for every dwelling unit . 2. Churches shall provide 1 off-street parking space for every 5 seats in the sanctuary area. F. Accessory Buildings 1. Accessory buildings shall be placed in the side or rear yards., and shall meet all setback requirements. • • • tOir m uji ' GE I (4 278 SECTION IX: RESIDENTIAL FOUR DISTRICT A. Permitted Uses 1. Duplexes , triplexes , and other multiple _family units 2. Planned Unit Developments 3. Parks B . Special Exception Uses 1 . Churches 2. Schools 3. Utility and Public Structures C. Lot Requirements 1. Minimum lot size : 3,350 square feet per dwelling unit 2. Minimum ltht demensions :. At least 50 feet. by at. least 90 feet, with a total of riot less than 6, 000 square feet for duplexes. 3. Maximum lot coverage: 35% 4. Minimum landscaped area: 10% 5. In condominiums , patio homes , and .other .units where the dwelling unit constitutes the individual "lot" , these units shall meet building requirements rather than lot requirements. - D. Building Requirements 1 . Minimum building size : 475 square feet per dwelling unit 2. Minimum setbacks : front, 20 feet side , 72 feet 10: � etzd:nFSJ eS. brzttIngeSt,reetseelues auZc g scr ecs rear, 3. Maximum height: 2 story Li . Maximum density: 13 dwelling units per acre E . Parking 1 . A minimum of 12 off-street parking spaces shall be pro- vided for every dwelling unit. 2. Churches shall provide 1 off-street parking space for every 5 seats in the sanctuary area . F. Accessory Buildings 1 . Accessory buildings shall be placed in the side or rear yards , and shall meet all setback requirements . G. Buffers 1 . Buffers shall be provided by multi-family developers where said dwellings abut other zoning districts . 2. Developers of structures of 4 units or more shall pro- vide buffers to obscure parking and service areas . 3. Buffers shall be in the form of opaque walls , fences, or screen planting, and shall be a minimum of 6 feet tall. Landscape buffers shall be designed to be 75% or more opaque within 1 year after start of construction. H. Site Plan Review 1 . Site Plan Review shall be required. (See XIV, 2. ) Rim I UJI PAGE f 47' • 279 SECTION X: MOBILE HOME DISTRICT A. Permitted Uses 1 . Mobile Homes 2. Accessory and Support Facilities • 3 . Parks B . Special Exception Uses 1 . Utility and Public Structures C. Lot Requirements 1 . Minimum Park size: 10 acres 00 2. Minimum lot size: 4,000 square feet D. Building Requirements 1 . Minimum building size : 440 square feet 2. Minimumsetbacks: front, 20 feet side, 15 feet rear, 10 feet 3. Maximum density:- 8.8 dwelling units per acre • E . Parking 1 . A minimum of 1 off-street parking space shall be provided for every dwelling unit. F. Additional Requirements 1. Additional requirements for mobile home parks , including roads , drainage., buffers , and recreation areas are pro- vided in Ordinance 275 and 283. Site Plan Review is also required. (See XIV, - 2. ) • . oi"Pi: O3T PAGE 1 7 • 280 SECTION XI: COMMERCIAL DISTRICT A. Permitted Uses • Retail stores ; business and professional offices; banks , and savings and loans; restaurants ; taverns ; repair stores ; taxi, bus and airline offices ; hotels and motels; craft shops; rental stores ; grocers; taylors and dressmakers; gas stations , auto service and repair; welding; lumber yards ; upholsterers; amuse ment centers (bowling, skating, theaters) ; radio stations; :fu-• neral homes; moving companies ; veterinarians; building contracter ors ; parks ; Planned Unit Developments ; living quarters for guards , custodians or caretakers when such facilities are acces111 - sory to the primary use . • B . Special Exception Uses • 1 . Flea Markets 2. Utility and Public Structures C. Lot Requirements 1 . All buildings shall have frontage on a dedicated public street. • 2. Minimum lot dimensions: 20 feet wide 3. Minimum landscaped area: 10% 4. Firelanes determined to be adequate by the Fire Chief shall be provided. 5. Curb cuts shall not be made in excess of those determined to be.,adequate by the Police , Fire, and Planning Depts . D. Building Requirements 1. All buildings must be in compliance with the Southern Standard Building Code . 2. Minimum setbacks: • front, 20 ft. when the frontage road easement is 60 ft. or less 0 required if frontage road easement exceeds 60 feet. side, 0 on interior sides ; 10 ft . when side abuts street rear, 10 feet . Maximum height: 2 story E. Off-Street Parking 1 . Off-street parking spaces shall be within 300 feet of the building they serve . 2. Retail stores and other places for trade or business. shall . provide 1 space .for every 200 sq. ft. of floor area for public use . . 3. Furniture , appliance , decorating, hardware , plumbing and electric, and other "showroom" centers shall provide 1 space for every 800 sq. ft. of floor area for public use . 4. Office buildings shall provide 1 space for every 200 sq. ft. of floor area. 5. Restaurants and taverns shall provide 1 space for every 50 sgaft. _"of floor area for public 6. Theaters , auditoriums , and other places of assembly shall provide 1 space for every 5 seats provided for assembly. 7. Food markets and grocery stores shall provide 1 space for every 100 sq. ft. of floor .area for public use .. 8 . Dance halls , roller rinks , clubs , lodges , and other similar places shall provide 1 space for every. '200 sq. ft. of floor area. 9 . Bowling alleys shall provide ' 5 spaces for each alley. F. Buffers 1. Buffers shall be provided by commercial establishments where said businesses abut residential zones . 2. All outdoor storage within the view of adjoining properties shall be obscured by buffers. 3. Buffers shall be in the form of opaque walls, fences , or sscreen-oplalattng,aand shall be a minimum of 6 feet tall .. -Landscape -buffers shall bedesigned to be 75% or more opaque within 1 year after start of construction. G. Site Review 1 . Commercial building permits shall be subject to site and building review and approval by all pertinent Department Heads . ouia t I gum (. PAGE f '-t . 281 SECTION XII : OFFICE AND PROFESSIONAL DISTRICT A. Permitted Uses Professional offices ; doctors ; lawyers; real estate; child care ; insurance ; abstract companies; beauty and barber shops ; account- ants ; bookeepers ; schools of music and dance; churches ; engineers and surveyors ; health clubs; professional pharmacies ; hospitals ; funeral homes; travel agencies; banks and savings and loans; news- paper and government offices ; living quarters for guards , custo- dians or caretakers when such facilities are accessory to the pri- mary use; parks ; Planned Unit Developments; duplexes, triplexes , and other multiple family malts . B . Special Exception Uses 1 . Churches . 2. Utility and Public Structures C. Lot Requirements 1. Minimum office building lot size : 6,000 square feet 2. Minimum multi-family residence lot size: 3,350 sq. ft. per d.u. 3. Minimum office lot dimensions : At least 50 feet by at least, 90 feet, with a total of not less than the required lot size in square footage . OD 4. Maximum lot coverage : 35% C9 5. Minimum landscaped area: 10% 6. In condominiums , patio homes , and other units where the dwelling unit constitutes :the individual "lot" , these units shall meet building requirements rather than lot requirements. D. Building .Requirements' 1 . Minimum office building size.: 750 square -feet 2. Minimum dwelling unit size for duplexes is 475 square feet 3 . Minimum setbacks: front, 20 feet • side , 72 feet; . 10 feet on sides abutting streets rear, 10 feet 4. Maximum ehight: 2 story 5. Maximum office building density: 7.3 buildings per ‘acre 6. Maximum multi-family residence densityx 13 d.u. per acre E . Parking 1 . Fire lanes determined to be adequate by the Fire Chief shall be provided. 2. Office buildings shall provide 1 off-street parking space for every 200 square feet of floor area. 3. For every multi-family dwelling unit , a minimum of 1z off- • street parking spaces •shall be provided. 4. Hospitals shall provide 1 off-street parking space for every 3 beds. Such spaces shall .be. in addition to those necessary for doctors and other hospital staff. 1 off-street parking space shall be :provided ,for each' employee on the largest shift. 5. Churches shall provide 1 off-street parking space for every 5 seats in the sanctuary area. F. Buffers 1. Buffers shall be provided by professional •offices' to obscure parking lot and utility service areas from view by abutting residential areas . 2. Buffers shall be provided by multi-family developers where 111 said dwellings abut business areas . 3. Developers of residential structures of 4 units or more shall provide buffers to obscure parking and service areas. 4. Buffers shall be in the form of opaque walls, fences, or screen planting, and shall be a minimum of 6 feet tall . Landscape buffers' shall be designed to be 75% or more opaque within 1 year after start of construction. G. Site Plan Review Site Plan Review shall be required. (See XIV, 2. ) ti F it+e PAGE 1475 282 SECTION XIII: INDUSTRIAL DISTRICT A. Permitted Uses , 1. Wholesale Trade • • 2. Art apprQv-ed.,;, • 3. Living quarters for guards , custodians or caretakers when "such facilities are accessory to the primary use . 4. Planned Unit Developemnts . 5. Utility and Public Structures111 • B. Special Exception Uses None C . Development Recommendations 1 . Maximum height: 2 story 2. Minimum landscaped area: 10% • D. Parking 1. Fire lanes determined to be adequate by the Fire Chief shall be provided. 2. Wholesale , industrial , and manufacturing establishments, truck terminals and warehouses shall provide 1 off-street parking space for every. 2 employees on the combined largest and next largest shift. 3. Visitors and salespeople shall be provided off-street parking spaces in addition to those above , according to specific need. 4. Adequate .loading and vehicle turning areas shall be pro- vided. E. Buffers • • 1 . Buffers shall be provided by industrial establishments where said businesses abut- residential zones . 2. All outdoor storage within the view of adjoining prop erties shall be obscured by buffers . 3. Buffers shall be in the form- of opaque walls , fences or • screen planting, and shall be a minimum of 6 feet tall. Landscape -buffers Shall -be designed to be 75% opan_zare opaque -Within 1 year after 'start of construction. • F. Site Plan Review 1 . Site Plan Review shall ,be ,required . (See XIV, 2. ) • • E,� r, 10.31 ?o . 283 SECTION XIV: ADMINISTRATION 1 . SITE PLAN REVIEW When this Zoning Ordinance requires site plan review prior to issuance of a building permit, said plan shall be submitted to the Head of the Building Department. Said Department Head shall circulate the plan for comment and criticism to the Fire , Utilities , Planning, and aayeother depprtmeptr.c:oncernedcerTheir review comments shall be presented to the applicant within 30 . days of the plan' s submission, provided that all necessary in- • formation was set forth 'in. the site plan. ' All elements of the site plan must be satisfactory prior to issuance of any building 0,1 permit. . The site plan must contain the following information: A. Statement of ownership of the proposed development. 00 B . Legal description and acreage . isCiC C. A general location map. D. A site drawing based on an exact survey of the property drawn to a scale of sufficient size to show ( 1)boundaries of the project, landtand lot numbers , any existing streets , buildings, water courses , and easements ; (2)proposed streets and access and traffic flow; ( 3)off-street parking and loading areas; ()recreation facility locations ; (5)buffers; ( 6)refuse collet-• lection -areas, access to utilities and points of utility hookups ; (7) drainage ; ($-')landscaping; ( __,')locations of all proposed proposed lotssand buildings; (n )mailing addressesfor all - proposed units . E . Architectural drawings and floor plans for. the proposed buildings. ` F. Plans for all signs . G. If common facilities (such as recreation areas or common open space) are proposed for, the development, the plan shall ex- plain how thecomrimon, facilities' are to be provided and perman- ently maintained. H. Such additional data, maps , plans, or statements as may be re- quired for the particular use or ae;t vi_tj involved. . If certif- icates by outside agencies are required, the developer shall provide the data. I . Such additional data as the applicant may believe is pertinent to the site and development plan. 2. PLANNED UNIT DEVELOPMENTS Planned Unit Developments are residential, commer:cial., pro- fessional, or industrial projects of th4hee ( 3) units or more, constructed by a single owner or group of owners acting jointly who petition to develop in this manner, involving a related group of uses planned, developed, and regulated asanentity. Such de- velopments are compactly arranged individual,.or multi-unit struc- tures grouped in or around common open spaces together with public and semi-public uses and possible recreation facilities , provided that they are functionally integrated so thatetrbecharacter of the development conforms to the purpose and intent of this Zoning Ordinance . sirmi OrrICIr 1031 PAGE 1480 284 • Planned Unit Developments are intended to promote innovative construction and design,,. preserve and enhance the environment, lessen the cost of utility expansion, and encourage economies of scale . They shall not necessarily be held to district lot and building requirements. A. The PUD application shall include a written statement setting forth the reasons why said PUD would be in the public interest. 111 B . The applicant shall present a Site Plan, as specified in Sec- tion XIV, ,2. • C. Permitted use and maximum gross density shall correspond to the provisions Of the district in which the PUD is 'to be located.• 50%. of water areas may .count as land area when. calculating_ building density, but in no case shall - counted water area ex- ceed 25% of the total site area. • D. Common open space shall' preserve natural features and shall be designed as a contiguous area easily accessible to the residents . E . There shall be legally binding provisions which insure that the open space land shall continue as such-and be properlY' maintained. The developer shall either ( 1) dedicate such land to public use if the the City will accept. such .dedication, (2)retain ownership and re- . sponsibility for maintenance. of such open_ _land, or (3)provide for .and, establish one:.or more organizations which shall not be separated. _ rc frog-r tattleeoproj ;rtynownet0 p.; and shall ,be responsible for the up- keep and:maintenance of 'all common and open space . F. Prior to granting a PUD, the Planning Commission shall review the proposal .and vote on a recommendation of .approval , _ denial;,, or approval with conditions . • . G. The City Council shall then hold a public hearing, after due public notice . The Council shall take final action on the pro- posal . H. Approval of proposed site plans shall be considered legally • binding in relation to the facts . presented; minor alterations , deletions , or additions must be approved by the Head of the Building Department. Any substantial changes in. thePUD''will requir.e. a .new review by the Planning Commission ,and the City 1Council. . I . A developer may construct a PUD in stages if the following criitierrra�=are (1)The application for preleminary plan approval covers the entire planned unit developemnt and shows the lo- cation and approximate time of construction for each stage. (2)At, least 25% of the proposed construction is included in the first fttage . • . (3)The second and subsequent stages, arecompleted Innaiman- ner. consistent with the approved site plan and are of such size and location that they constitute economically sound units of development: - . '( )Net density may be varied from stage to stage providing that the end result is as approved. ' • UFrI_F! I u P Gf 293 3 . NON-CONFORMING USES • A non-conforming use is a land use or structure which does not comply with the applicable use provisions or amendments of this Ordinance , where such use was lawfully in existance prior to the enactment of this Ordinance . A . Continuation:TThe lawful use of any building or land exist- ing at the time of the enactment of this Ordinance may be continued although such use does not conform with the pro visions of this Ordinance . • B . Alterations : A non-conforming building or a building con- taining a non-conforming use may not be reconstructed or structurally altered during its life to an extent in ag- gregate cost exceeding 50% of the assessed- value of the (� buildg permit for said recon- LO struction or- alteration is applied for, unless said building (10 ing is changed to a conforming use . C9 C . Restoration; No building damaged by fire or other cuases to the extent of more than 75% ofits value at the time of loss (value to be determined by the replacement cost less depre- ciation) shall be r`epaired ,or rebuilt except in conformity with the provisions of this Ordinance . D. Unsafe Structures: Any structure or portion thereof declared unsafe by the Fire Chiefandthe Building Inspector may be restored to a safe condition. 111 E . Abandonment: Whenever a non-conforming use has been discon- tinued for a :period of one year, such use shall not be re- 'established, and anyfuture use shall be in conformity with the provisions of this Ordinance . F. Changes: No building or land once changed to a conforming use shall be permitted to revert to a non-conforming use . G . District Change: Whenever the boundaries of a district shall be changed so as to .transfer an area from one district to another district of a different classification, the above provisions shall applytto any non-conformingg uses created. • 4. SPECIAL EXCEPTIONS Special Exceptions are land or building uses permitted in specified zoning districts when established standards are met. As set forth in Ordinance 278 , the Board of Adjustment shall meet to determine whether satisfactory provision and arrangement ,' have been made concerning the following matters, where applicable . A. General compatibility with adjacent properties and other prop- erty in the district. B . Required yard and open space. C. Utilities , with reference to locations , availability, and . compatibility. grir.�z i UJJ PnE.1 4, 82 294 D. Drainage provisions , so as to protect said and surrounding properties . E . Ingress and egress to property and proposed structures there- , on with particualr reference to. automotive and`:pedstrian_ safety and convenience, traffic flow and control and access in case pf fire or catastrophe . • F. Adequate provisions for off-street parking And loading. G. Adequate refuse and service. areas . 111 H. Buffer provisions I . Conformity of signs to Ordinance 281 and the character of the neighborhood. HOME OCCUPATIONS Practicing an occupation within a home in a residential neighbor- hood may be allowed as a Special Exception Use after s; Hearing by the Board of, Adjustment. Approval will be given when the follow- ing conditions are met: • 1 . Permitted Occupations : Artists , beauticians and barbers , sewing and'uphoistery, telephone solicitation, small"appliancerepair, and similar closely related uses . This shall in no way be con- strued to include retail stores . 2. Residence Conditions: a)The occupation shall occur entirely within the 'enclosed portion of the principal dwelling. b) The use may not occupy more than°25% of the building area and must be clearly incidential and secondary to the use of the dwell- ing as a residence . d)No equipment or process shall be used in home, occupations which creates noise , vibration,. .glare , fumes , odors, or electrical interference detectable to` the normal senses off the property. ° d)Teeexsterior appearance of the structure and premises shall be constructed and maintained as a residence . e)One durable unilluminated sign, attached to -the primary structure , not to exceed two (2) square feet in area, shall be allowed. f)No home occupation shall generate traffic in greater volumes than would normally be :expected in a resi- dential neighborhood, and any need' for, parking shall be met off the street and other than in the' required' front yard. 3. Permitting: a)The home occupation applicant shall maintain a current occupational license. b)At the Board of Adjustment Hearing, the applicant shall furnish written approval of the proposed home occupation by all the neighbors in the dame block and those on the street facing the front of. the dwelling where the home occupation would be located. c)Upon annual renrenewaI' •ofethecop,c :pational license , if there have been any complaints filed by neighbors with the City, a new Hearing shall be required. d)Permits shall be issued to . the person and. not the dwelling; as such they .mar. not be " passed on *ith the land. 5 . VARIANCE ' A variance is relief granted, by the Board of Adjustment 111 from the exact terms of this Ordinance but ,within its spirit and intent in specific instances of hardship'. ' This process is established and explained in Ordinance 278 . Rif rti,. o<<itie� ��l PAGE I B 287 6 . REQUEST FOR ZONING CHANGE A. Any application for rezoning shall be submitted to the Planning Director on the standard form. B . Application must be accompanied by,a filing fee of $10. 00 to cover processing costs incurred by the City. C . Upon reciept of the application, the City will furnish to the applicant two (2) notices which are to be displayed . conspicuously on the property in question so that all con- cerned may be able to read them. The notices shall be kept in legible condition for at least seven ( 7) days prior to the open hearing that follows . Said notices `shall state the nature of the change applied for, and the date of the City Council hearing. In addition, ;notice shall be' 'pub- lished once a week for two (2) consecutive weeks prior to th the hearing, in a newspaper of general circulation in the City of Zephyrhills . D. Within two (2) weeks the Planning Director will bring this �O matter before the Planning Commission, who will vote on a 00 recommended action. CD E . The Planning Commission' s recommendation will be presented to the City Council at the public hearing. The Council Q will then take action by voting on the proposed rezoning. This action shall be considered final and binding by the. City;. 7 . ENFORCEMENT - • It shall be the duty of the Head of the Building Depart- ment to enforce :the provisions of this ordinance . The Depart- ment Head shall refuse to grant a permit for the use of premises or the construction or alteration of any building if the use of the building- as constructed or altered would be a violation of any of the provisions of this ordinance . Any misstatement or inaccuracy on the application for a permit, or any violation of the ._prop siorisrofhthisvordtmancefshaIlpbem§tffica'pn_tBgrounds`. for the revocation of the permit by the Building Inspector. 8 . PENALTY FOR VIOLATION • Any person who shall violate any of the provisions, of this 'may ordinance or fail to comply with any of the requirements hereof, 11/ or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than sixty ( 60) days , and each day such violation is permitted to exist shall constitute a separate . offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance 288 shall be placed or may be caused to exist, and any architect, ' builder, contractor, realtor, agent or person employed in connection thenawtt(hi; and who may have assisted in the com- mission of any violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be punished as herein provided. 9 . VALIDITY - Should_. any section, paragraph, clause, word or provision of this Ordinance be decided by the courts to be unconstitu- tional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof' other than the • part so decided to be unconstitutional or invalid. • 10 . PRIOR ORDINANCES Ordinance 171 of the City of Zephyrhills, Florida.; which is in conflict and is inconsistent with the provisions of this Ordinance , is hereby repealed. This Ordinance, however., shall . not cancel or amend ordinances 276 and 282 which pertain to specific setback provisions . 11 . EFFECTIVE DATE This Ordinance shall become effective when signed by the Mayor after publication and notice as provided by law. The foregoing Ordinance was read and passed on its First _Reading by the City Council of the City of Zephyrhills, Florida '="on, the 8th day of October , 1979 • "" o e Zip ,� 2mp _ .d ; t Yy. i '�"" t 're-"dant of the ity Council ti' , WTYA� est vi. c r:r �'�'"� • , ��1 anager r KID: p � � PAUL 1485 347 The foregoing Ordinance was read and passed on its Second Reading by the City Council of the City of Zephy'chills • °,.;•,;sir' �`..=rida on the 22nd day of October , 1979 • ,,' 0.. Z ( py :.. , ( ZZ_ \�t,i: r 'r ' Pres'went of the City Council el+ ry a ti ,` t1 Atte,Ot... ---17--,-14— O • �, .' `�:' City Manager • The foregoing Ordinance was read and passed in its CQq� �:- '�s °.Third Reading by the City Council of the City of Zephyrhills . Iew.y Z E Flor da o•n: .the 5th dayof CO ;;'"70C . '� 0 'x• November 1979 Jr; ''.pli‘, `Ar • •-. / ',, •','• .,-\ t.01 ' r�..b ` ' / N Age 7••�4 f_.`•dh�, '.1 •: _-4 're /dent of the ity Council / \,n � A-Aek '_-1- _4 �_/ V0**--''c. ', rt'%. . -.•• ° - ity ''anage .o •••. .. .•, p•\ The foregoing Ordinance approved by me this 5th day of November , 1979. g " if -../ 411r , 1 tiatiillil . ,/ Mayor / _`V ,,, - .,. , , „ ,, .. ., , ,_ , , , ,, R FQRn 1 O31 PAGE 1486 129 The foregoing Ordinance was read and passed on its Second Reading by the City Council of the City of Zephyrhills Florida on the 22nd of October, 1979 . Stephen A. Smith /S/ - - Attest: Gary S. Roberts /S/ , \ The foregoing Ordinance was read and passed on its - Third Reading by the City Council of the City of Zephyrhills Florida on the 6th day of November, 1979 . Stephen A. Smith /S/ - President of the City Council 00 Attest: Gary S. Roberts /S/ Q - - The foregoing Ordinance approved by me this 6th day of -- November, 1979 . 1111 Robert H. Johnson _ Mayor This is a copy of the signed original.