HomeMy WebLinkAboutOrdinance 44 Comprehensive Zoning
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, ORDINANCE NO. 44
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AN ORDINANCE OF THE'VILLAGE OF NORTH ORLANDO,
FLORIDA BEING A COMPREHENSIVE ZONING ORDINANCE
FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY
AND THE GENERAL WELFARE OF THE VILLAGE OF
NORTH ORLANDO, FLORIDA; REGULATING AND
RESTRICTING THE USE OF LAND AND THE USE AND
LOCATION OF BUILDINGS AND STRlJCWRES;
REGULATING AND RESTRICTING THE HEIGHT AND
BULK OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS, COURTS AND OTHER OPEN SPACES
SURROUNDING THEM; REGULATING AND RESTRICTING
THE DENSITY OF POPULATION, AND THE LOCATION
AND USE OF BUILDINGS, STRUCWRES AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER
PURPOSES; DIVIDING THE VILLAGE OF NORTH
ORLANDO INTO DISTRICTS FOR SUCH PURPOSES;
ADOPTING MAPS OF THE VILLAGE OF NORTH
ORLANDO SHOWING BOUNPARIES AND CLASSIFI-
CATION OF SUCH DISTRICTS; ESTABLISHING AD-
MINISTRATIVE PROCEDURE; REGULATING AND RE-
STRICTING OFF STREET PARKING AND LOADING;
PROVIDING FOR THE ENFORCEMENT AND AMENDMENT
THEREOF; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF
THIS ORDINANCE.
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~ Village of North Orlando, Florida, to make a zoning ordinance
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~ and to provide for its administration, enforcement, and amend-
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:i ment, and
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: the purpose of promoting the health, safety, morals and general
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~ welfare of the Village to enact such an ordinance.
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III Village of North Orlando, Florida:
WHEREAS, Chapter 176, Florida Statutes, empowers the
WHEREAS, the Village Council deems it necessary for
NOW, THEREFORE, be it ordained by the people of the
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ARTICIE 1.
General
SECTION 44.01 BASIS FOR REGULATIONS AND REQUIREMENTS
HEREIN SET FORTH
The regulations and requirements herein set forth have
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been made in accordance with a comprehensive plan, with reasonable
consideration, among other things, to the prevailing land uses,
growth characteristics and the character of the respective dis-
tricts and their peculiar suitability for particular uses and to
encourage the most appropriate use of land throughout the village.
SECTION 44.02 PURPOSE OF THE FOLLOWING SECTIONS
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~ In their interpretation and application, the provisions
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cof following sections of this Code, shall be the minimum require-
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~ments to promote the public health, morals, safety and general
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~we1fare' to conserve the taxable value of land and buildings and
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~ business and industrial areas within the Village and to promote
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Ul the orderly and beneficial development of such areas. Among
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~ other purposes, such provisions are intended to provide adequate
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~ light, air, privacy and convenience of access to property, to
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: avoid undue concentration of population by regulating and 1imit-
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g ing the height and bulk of buildings; the size and open spaces
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* surrounding buildings; to establish building lines; to divide
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~ the Village into districts restricting and regulating therein the
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~construction, reconstruction, alteration and use of buildings,
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~structures and land for residence, business, industrial and other
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~ specified uses and to limit congestion in the public streets by
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providing off-street parking of motor vehicles and to define the
powers of the administrative officers of the Planning and Zoning
Board as provided herein.
SECTION 44.03 SCOPE OF FOLLOWING SECTIONS
By the following sections of this Code, it is not in-
tended to repeal, change, abrogate, annul or in any way impair
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or interfere with the existing provisions of other laws or or-
dinances, except those specifically repealed by the following
sections or of any private restrictions placed on property by
covenant, deed or other private agreement. Where sections impose
a greater restriction upon the use of buildings or land or upon
the height of buildings or lot coverage, or require,s greater lot
~areas, larger yards, or other open spaces than are imposed or
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~required by such existing provisions of law or ordinance or by
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~such rules, regulations or permits or by such private restrictions,
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~the provisions of the following sections shall control.
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~ SECTION 44.04 ZONE CQMMISSION--CREATED
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~ There is hereby created a Planning and Zoning Board,
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~for the Village of North Orlando, Florida.
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~ SECTION 44.05 COMPOSITION; APPOINTMENT OF MEMBERS
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:members, who shall be citizens and freeholders of the Village of
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~North Orlando, Flor~da, appointed by the Mayor ana approved by
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ithe Village Council.
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The Planning and Zoning Board shall consist of five (5)
SECTION 44.06
TERM; FILLING VACANCIES; REMOVAL OF
MEMBERS
The term of office of members of the Planning and Zoning
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~Board shall run from the second Friday in July in the year in
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~which the appointments were made. In making the first appoint-
ments, under this ordinance, two (2) members shall serve for one
year, and three (3) for two years. Thereafter, each member ap-
pointed shall serve for a term of two (2) years, or until his
successor is appointed and qualified. Members shall be subject
to removal from office by the council for failure to perform their
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duties, or for other misconduct in office. Vacancies on the
board may be filled by appointment by the Mayor and approved by
council, at any time for the unexpired term of any of its members.
SECTION 44.07 APPOINTMENT OF CHAIRMAN AND SECRETARY
There shall be a chairman and a secretary of the Planni
and Zoning Board selected from the five (5) appointed members.
~ Selection will be made by members of the Board.
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~ no compensation for their services, but shall be allowed actual
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SECTION 44.08
COMPENSATION; ALLOWANCES FOR EXPENSES
INCURRED IN PERFORMANCE OF DUTIES
Members of the Planning and Zoning Board shall receive
~ expenses incurred in the performance of their duties.
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~ each calendar month at a time set by its members.
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~ sion provided under Chapter l76, Florida Statutes.
SECTION 44.09
MEETINGS; QUORUM; RECORDS TO BE KEPT
The Planning and Zoning Board shall meet at least once
Special meet-
ings may be called at any time by the chairman or any two (2) of
its members if the need should arise.
Three (3) members shall
constitute a quorum.
Complete records shall be kept.
SECTION 44.l0
DUTIES--GENERAL
The Planning and Zoning Board shall serve as a commis-
It shall
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~ collect data and keep itself informed as to the best practices
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e generally in effect in the matter of Village planning and zoning
to the end that it may be qualified to act on measures affecting
the present and future movement of traffic, the segregation of
residential and business districts and the convenience and safety
of persons and property in any way dependent on Village planning
and zoning. The commission shall recommend the boundaries of
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districts and appropriate regulations provided for in Chapter 176,
Florida Statutes and shall report its findings to the Village
council.
SECTION 44.11 ANNUAL REPORT TO VILLAGE COUNCIL
The Planning and Zoning Board shall annually make a
written report to the Village Council giving a resume of its work
e during the preceding year. In such report, it shall also make
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~ recommendations as to future projects to be undertaken.
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~ SECTION 44.12 ASSISTANTS
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~ employed in connection with the performance of the functions of
Expenditures for all professional and clerical assistant
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~ the Planning and Zoning Board shall be within the amounts appro-
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~ priated for such purposes.
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~ SECTION 44. 13 RECOMMENDATIONS OF THE BOARD
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: to the Village Council shall be in writing and in duplicate, and
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~ shall show the estimated cost and the suggested method or methods
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~ are received by the Village counci~ the Village council shall
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: call for a public hearing regarding the regulation, restriction
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~ or boundaries at which parties in interest and citizens shall
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~ have an opportunity to be heard. Notice of time, place and
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purpose of the public hearing shall be published once, no less
The recommendations of the Planning and Zoning Board
As soon as convenient, after the recommendations
than fifteen (15) days prior to the time of the hearing in a
newspaper of general circulation in said municipality and notice
shall also be posted in three (3) conspicuous places throughout
the Village. After public hearing, the Village council shall
consider and act upon the recommendations of the Planning and
Zoning Board and upon completion of action by the council, the
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Village clerk shall return to the Planning and Zoning Board a
copy of the recommendations with the council's action noted thereo
SECTION 44.14 ZONING ORDINANCES--ALTERATIONS, CHANGES
OR AMENDMENTS
Whenever it is proposed by or to the Village council
that the zoning ordinances be altered, changed, or amended, or
any variance permitted thereunder, the Village council shall call
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3 a public hearing on the same and shall give notice of time, date
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~ and purpose thereof, no less than fifteen (15) days prior to the
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~ date of hearing by publishing said notice once in a newspaper
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~ of general circulation in said municipality and by posting said
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~ notice in three (3) conspicuous places throughout the Village,
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~ one of which shall be the Village Hall and a copy of said notice
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~ shall be delivered to the Planning and Zoning Board Chairman or
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~ Secretary not less than fifteen (15) days prior to the time of
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: the hearing. After service upon the Board, the Chairman or Secre-
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~ tary shall then call a meeting to consider the proposed alteration,
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5 change or amendment and shall thereafter and not less than forty
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g eight (48) hours prior to the scheduled hearing submit the Board's
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~ recommendations to the Village clerk for use of the council at
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~ the time of the hearing and at lease one designated member of the
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shall attend the public hearing.
SECTION 44.15 ACTION OF THE VILLAGE COUNCIL
Action of the Village council shall be by resolution
duly passed and shall be spread upon the minutes of the Village.
SECTION 44.16 ACTIONS TO ALTER. ET CETERA
All actions to alter, change, establish, repeal or en-
act any ordinance or any variances thereunder shall be initiated
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by written petition which shall reflect the change, variance or
enactment desired; the specific property by legal description
and street location, which will be affected thereby, the purpose
for which the change is sought and the individuals interested
therein. The petition, where practicable, shall be submitted
to the Village clerk, ten (10) days prior to the council meeting
~ at which it is to be presented.
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SECTION 44.17
BOARD OF ADJUSTMENT-CREATION
There is hereby created a Board of Adjustment for the
~ Village of North Orlando, Florida.
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~ SECTION 44.18 COMPOSITION--APPOINTMENT OF MEMBERS
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~ bers who shall be citizens and free holders of the Village of
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The Board of Adjustment shall consist of three (3) mem-
North Orlando, Florida, appointed by the Mayor and approved by
~ the Village Council.
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SECTION 44.19
TERM: FILLING VACANCIES; REMOVAL OF
MEMBERS
The term of office of the members of the Board of
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g Adjustment shall run from January 1 of the first year of appoint-
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! ment until December 31 of the third year of appointment. In
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~ making the first appointment under this ordinance, the Mayor shall
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~ appoint one member for a one year term, one member for a two year
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~ term and one member for a three year term. Thereafter, each
member appointed shall serve for a term of three years, or until
his successor is appointed and qualified. Members shall be sub-
ject to removal from office by the council for failure to perform
their duties, or for other misconduct in office. Vacancies on
the Board may be filled by appointment by the Mayor, and approved
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by the Village Council at any time for the unexpired term of
any of its members.
SECTION 44.20 MEETINGS; QUORUMS; RECORDS TO BE KEPT
The Board of Adjustment shall meet at least three times
each year at a time set by its members. Two members shall con-
stitute a quorum. Complete records of all proceedings shall be
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SECTION 44.21 DUTIES-GENERAL
The Board of Adjustment shall serve to grant any vari-
~ ances or exceptions contemplated by this ordinance. It shall
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~ conduct public hearings thereon if objection to the granting of a
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~ variance or exceptions is announced by any property owner within
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~ 500 feet of the property that is the subject of the proposed
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~ variance or exception. The decision of the Board of Adjustment
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~ with respect to any proposed vacancy or exception shall be final.
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SECTION 44.22
APPEAL
Appeal from the decision of this Board of Adjustment
i shall be taken to an appropriate Circuit Court of the State of
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~ its passage and adoption.
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SECTION 44.23
EFFECTIVE DATE OF ORDINANCE
This ordinance shall become effective immediately upon
SECTION 44.24
DEFINITIONS- IN GENERAL
Except where specific definitions are used within a
specific section, or article of the following sections of this
Code, for the purpose of such sections, the following terms,
phrases, words and their derivations shall have the meaning
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given herein. When not inconsistent with the contex~ words used
in the present tense include the future, words in the plural
number include the singular number, and words in the singular
number include the plural number. The word "shall" is always
mandatory and not merely directory.
(1) Accessory. The term applied to a building or use which is
~ clearly incidental or subordinate to and customary in connection
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same lot with such principal building or use.
~ (2) Alley. A public way not more than thirty (30) feet in width,
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(3)
Apartment hotel.
A building designed for containing both
apartments and individual guest rooms or suites which may offer
~ such services as are ordinarily furnished by hotels.
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Tenants
may be permanent or seasonal but not transient.
(4)
Apartment house.
See Dwelling, Multiple.
* (5) Basement. A basement shall mean a portion of a building
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A basement shall be counted as a story if subdivided and
used for dwelling or business purposes.
(6) Boardinghouse or lodging house. A dwelling having one
kitchen and used for the purpose of providing meals or lodging
or both for compensation to persons other than members of the
family occupying such dwelling.
(7) Building. Any permanent structures designed or built for
the support, shelter, or protection of persons, animals, chattels
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~r property of any kind.
(8) Building, height of. The vertical distance from the grade
to the highest point of the coping of a flat roof or to the
mean height level between eaves and ridge for gable, hip or
hambrel roofs. Where no grade level has been established, the
height of the building may be measured from the mean elevation
of the finished lot grade at the front of the building.
(9) Bungalow court. A group of two or more detached buildings
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complete living accommodations for one family.
~ (10) Cellar.
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A cellar shall mean that portion of a building
located partly or wholly underground and having more than half
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its clear floor-to-ceiling height below the average grade of the
adjoining ground.
(11) Clinic.
A clinic shall mean an establishment where patients,
~ who are not lodged overnight, are admitted for examination and
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: treatment by one person or a group of persons practicing any
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~ form of healing or health building services to individuals,
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* whether such persons be medical doctors, chiropractors, osteo-
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~ paths, chiropodists, naturopaths, optometrists, dentists or any
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~ such profession, the practice of which is lawful in the State of
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(l2) Club.
Buildings and facilities owned and operated by a
corporation or association or persons for social or recreational
purposes, but not operated primarily for profit or to render a
service which is customarily carried on as a business.
(l3) Decibel. A decibel is a unit of measurement of the
intensity (loudness) of sound. Sound level meters which are
employed to measure intensity of sound are calibrated in decibels.
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(14) Dormitories. A room, apartment or building containing
sleeping accommodations, which facility is operated for the use
of students enrolled in the sponsoring educational institution.
(15) Dwelling. A building or portion thereof, but not an
automobile house trailer, designed or used exclusively for
residential occupancy but not including motels, lodginghouses
or hotels.
(16) Dwelling, one-family. A building designed for or occupied
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ci (17) Dwelling, two-family. A building designed for or occupied
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~ exclusively by two families.
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N (18) Dwelling, multiple. A building designed for or occupied
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~ (19) Family. An individual or two or more persons related by
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~ blood or marriage, or a group of not more than five persons
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3 living together as a single housekeeping unit in a dwelling,
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(20) Filling station.
See Service Station.
(21) Garage apartment.
An accessory building with storage
ffi capacity for not less than two automobiles, the second floor of
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~ which is designed as a residence for not more than one family.
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~ (22) Garage, private. An accessory building or a portion of
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i the principal building used for the storage of automobiles of
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~ the occupants of the building. A carport is a private garage.
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(23) Garage, public. A building or portion thereof, other than
a private garage or storage garage, designed or used for the
sale, storage, servicing, repairing, equipping and hiring of
motor driven vehicles.
(24) Garage, storage. A building or portion thereof designed
or used exclusively for the storage or parking of automobiles.
Services, other than storage at such storage garage, shall be
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limited to refueling, lubrication, washing, waxing and polishing.
(25) Guest cottage. Living quarters within the detached accessory
building located on the same lot or parcel of land as the
principal building, to be used exclusively for housing members of
the family occupying the principal building and their non-paying
guests; such quarters shall not be rented or otherwise used as
a separate dwelling.
(26) Guest (tourist) home. A private dwelling in which transient
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(27) Home occupation.
Any use conducted entirely within a
clearly incidental to and secondary to the use of the dwelling
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N dwelling and carried on by an occupant thereof, which use is
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for dwelling purposes and does not change the character thereof;
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and provided, that all of the following conditions are met:
Only such commodities as are made on the premises may be sold
~ on the premises. However, all such sales of home occupation
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: work or products shall be conducted within the building and
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e there shall be no outdoor display of merchandise or products,
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~ nor shall there be any indoor display visible from the outside
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~ of the building. No person shall be engaged in any such home
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~ occupation other than two members of the immediate family,
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No mechanical equipment shall be
used or stored on the premises in connection with the home
occupation, except such that is normally used for purely
domestic or household purposes. Not over twenty per cent (20%)
of the floor space of anyone story shall be used for home
occupation purposes. No sign shall be used other than one non-
illuminated name plate attached to the building entrance, which
name plate shall not exceed two square feet in area. Each
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location shall be approved by the Planning and Zoning Board.
Fabrication of such articles as are commonly classified under
the term "arts and handicrafts" may be deemed a home occupation,
subject to the other terms and conditions of this definition.
Home occupations shall not be construed to include barbershops,
beauty parlors, tearooms, food processing, restaurants, sale of
~ antiques, commercial kennels, real estate offices or insurance
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~ (28) Hotel. A building or other structure kept, used, maintained
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~ and advertised as or held out to the public to be a place where
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~ sleeping accommodations are supplied for pay, catering primarily
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~ to transient guests, in which ten or more rooms are furnished
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~ for the accommodation of guests, and having or not having one or
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~ more dining rooms, restaurants or cafes where meals are served
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~ and dining rooms, restaurants or cafes, if existing, being
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to transients or other guests; such sleeping accommodations
conducted in the same building or accessory buildings in con-
nection therewith.
(29)
Junk yards.
An open area where waste, used or secondhand
o materials are bought. sold, exchanged, stored, baled, packed,
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disassembled, or handled including but not limited to scrap iron
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and other metals, paper, rubber tires and bottles.
A junk yard
includes an automobile wrecking yard.
(30) Laundry, self-service. A business that provides home-type
washing, drying and/or ironing machines for hire to be used by
customers on the premises.
(31) Lot. A parcel of land occupied or intended for occupancy
by a use permitted in sections 44.01 to 44.90 of this Code
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including on principal building together with its accessory
buildings, the yard areas and parking spaces required by sections
44.01 to 44.90 and having its principal frontage upon a publicly
owned street and publicly maintained streets or upon an approved
place. When a bungalow court is being considered, a lot shall
refer to a parcel of land devoted to the individual buildings in
~ such bungalow court.
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Lot of record.
A lot which is a part of a subdivision, the
plat of which has been recorded in the office of the Clerk of the
~ Circuit Court of Seminole County, Florida; or a parcel of land,
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~ on or before the effective date of sections 44.01 to 44.90 of
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~ this code.
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~ intersection.
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(33)
Lot, corner.
A lot abutting upon two streets at their
~ (34)
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Lot frontage.
The horizontal distance measured along the
narrow width of a lot abutting a street right of way.
(35)
Lot, interior.
A lot other than a corner lot.
i (36) Lot, through.
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~ parallel or approximately parallel streets.
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~ line of which is substantially the continuation of the front
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An interior lot having frontage on two
A corner lot, the street side lot
(38) Lot, depth. The depth of a lot is the distance measured in
a mean direction of the side lines of the lot from the middle
point of the front lot line to the midpoint of the opposite rear
line of the lot.
(39) Lot, width. The mean horizontal distance between the side
lot lines, measured at right angles to the depth.
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(40) Motel. A building or group of buildings, whether detached
or in connected units, used as individual sleeping or dwelling
units designed primarily for transient automobile travelers and
providing for accessory off-street parking facilities adjacent
to each unit and having individual unit entrances opening to the
outside. The term "motel" includes buildings designated as auto
~ courts, tourist courts, motor lodges and similar appellations.
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Nonconforming use.
The use of a building, or portion there-
of, or land, or portion thereof; which use does not conform with
~ the use regulations of the district in which it is located.
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m (42) Noxious matter. Material which is capable of causing injury
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~ to living organisms by mechanical or chemical reaction or is
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~ or economic well-being of individuals.
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A home of aged, chronically
ill or incurable persons in which three or more persons not of
the immediate family are received, kept or provided with food
i and or similar institutions devoted primarily to the diagnosis
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~ and treatment of the sick or injured.
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~ (44) Octave band. An octave band is a means of dividing the
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i range of sound frequencies into octaves in order to classify
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sound according to pitch.
(45) Octave band filter. An octave band filter is an electrical
frequency analyzer designed according to standards formulated
by the American Standards Association and used in conjunction
with a sound level meter to take measurements in specific octave
intervals.
- 15 -
(46) Particulate matter. Material which is suspended in or
discharged into the atmosphere in finely divided form as a
liquid or a solid at atmospheric pressure and temperature.
(47) Performance standard. A criteria established to control
noise, odor, smoke, toxic or noxious matter, vibration, fire
and explosive hazards and glare or heat generated by or inherent
~ in uses of land or buildings.
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Professional offices shall include
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Professional offices.
those vocations in which professed attainments in special knowl-
~ edge are practiced, as distinguished from mere skills, and shall
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~ Florida or determined by decisions of the Supreme Court of Flori-
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~ other business; advertising or business display signs shall be
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~ limited to a name plate or non-illuminated sign not to exceed
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: two square feet in area in residential areas. Professional
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~ offices do not include offices for the treatment of animals on
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* the premises.
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i which are illustrated graduated shades of gray for use in esti-
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mating the light obscuring capacity of smoke.
A Ringelmann num-
ber is the number of the area in the Ringelmann Chart that coin-
cides most nearly with the visual density of emission.
(50) Service Station. Any building, structure or land used for
the dispensing, sale or offering for sale at retail of any auto-
mobile fuels, oils or accessories and in connection with which
is performed general automotive servicing as distinguished from
automotive repairs.
- 16 -
(51) Smoke units. Smoke units represent the number obtained
by multiplying the smoke density in Ringelmann numbers by the
time of emission in minutes.
(52) Sound level meter. An instrument standardized by the
American Standards Association for measurements of the intensity
of sound.
C1 (53)
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Story.
That portion of a building included between the
surface of any floor and the surface of the next floor above it,
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then the space between such floor and the ceiling next above it.
~ (54) Street. A public or private thoroughfare which affords the
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~
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~
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~ use of which requires more or less permanent location on the groun
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~
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~ for business or living quarters.
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: (57) Structural alterations. Any substantial change, except
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~
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such as bearing walls, columns, beams or girders, floor joists
or roof joists.
(58) Subdivision. For the purpose of these regulations, a sub-
division of land is either:
(l) The platted division of land compr1s1ng one
acre or more in area, into lots, sites or
parcels.
- 17 -
(2) Establishment or dedication of a road, high-
way, street or alley-through a tract of land
by the owner thereof, regardless of area; or:
(3) The re-subdivisions of land of one acre or
more in area heretofore divided or platted
into lots, sites or parcels.
(59) Swimming pool. Any constructed pool used for swimming or
bathing over twenty-four (24) inches in depth or with a surface
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Toxic materials.
Materials which are capable of causing
injury to living organisms by chemical means when present in
~ relatively small amounts.
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Trailer park.
A duly licensed camp, park or other area
established to carryon the business of parking or otherwise
servicing trailers.
(63)
Use, principal.
The main use of land or buildings as
distinguished from a subordinate or accessory use.
~ (64) Yard. An open space at grade between a building and ad-
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i joining lot line, unoccupied and unobstructed by a portion of a
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herein. In measuring a yard for the purpose of determining the
width of a side yard, the depth of a front yard or the depth of
a rear yard, the minimum horizontal distance between the lot line
and the principal building shall be used.
(65) Yard, front. A yard extending across the front of a lot
between the side yard lines and being the minimum horizontal
distance between the street line and the principal building or
any projections of uncovered steps, uncovered balconies or un-
- 18 -
covered porches. On corner lots, the front yard shall be con-
sidered as parallel to the street upon which the lot has its
dimension.
(66) Yard, rear. A yard extending across the rear of a lot be-
tween the side lines of lots and being the minimum horizontal
distance between the rear of the principal building or any pro-
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On all corner lots, the rear yard shall
be at the opposite end of the lot from the front yard.
~ (67) Yard, side. A yard between the principal building and the
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ARTICLE II.
ESTABLISHMENT OF DISTRICTS, DISTRICT BOUNDARIES
ON ZONING
MAP AND RESTRICTIONS UPON LANDS, BUILDINGS AND
STRUCTURES
SECTION 44.25 ESTABLISHMENT OF DISTRICTS
In order to classify, regulate and restrict the uses
i of land, water, buildings and structures, and to regulate and
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~ to restrict the height and bulk of buildings and to regulate
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the area of yards and other open spaces about buildings, the
corporate area of the Village is divided into five districts, as
follows:
- 19 -
Minimum
Site-Area
Minimum
Site-
Width
Minimum
Living
Area
R-U Rural Urban Dwelling
*R-lAA One-family Dwelling
*R-lA One-family Dwelling
*R-lOne-family Dwelling
C-l Neighborhood Com-
mercial
C-2 General Commercial
& Industrial
~ T-l One-family Trailer 7,700 sq.ft. 70'
3 * The minimum lot depth shall not be less than llO feet for sin-
.. gle family residential lots.
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1 acre
lO;OOO sq. ft.
8,000 sq. ft.
6,600 sq. ft.
l50 '
80'
75 I
60'
l;500 sq. ft.
l,lOO sq. ft.
700 sq. ft.
SECTION 44.26
PROVISION FOR OFFICIAL ZONING MAP
~ The Village is hereby divided into zones, or districts,
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.. as shown on the Official Zoning Map which, together with all
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~ explanatory matter thereon, is hereby adopted by reference and
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~ declared to be a part of this ordinance.
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The Official Zoning Map shall be identified by the
~ signature of the Mayo~ attested by the Town Clerk, and bearing
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~ certify that this is the Official Zoning Map referred to in
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i Article 11 of Ordinance No. 44 of the Village of North Orlando,
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~ and Chapter l76, Florida Statutes, changes are made in district
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such changes shall be made on the Official Zoning Map promptly
If, in accordance with the provisions of this ordinance
after the amendment has been approved by the Village council,
together with an entry on the Official Zoning Map as follows: "On
(date), by official action of the Village council, the following
(change) changes were made in the Official Zoning Map: (brief
description of nature of change) which entry shall be signed by
- 20 -
the Mayor and attested by the Town Clerk. The amending ordinance
shall provide that such changes or amendments shall not become
effective until they have been duly entered upon the Official
Zoning Map. No amendment to this ordinance which involves matter
portrayed on the Official Zoning Map shall become effective until
after such change and entry has been made on said map.
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Q Zon1ng Map or matter shown thereon except in conformity with the
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~ of whatever kind by any person or persons shall be considered a
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~ violation of this ordinance and punishable under Article XII
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~ of this ordinance.
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~ Regardless of the existence of purported copies of the
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~ Official Zoning Map which may from time to time be made or pub-
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No changes of any nature shall be made in the Official
~ lished, the Official Zoning Map which shall be located in the
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office of the Town Clerk shall be the final authority as to the
current zoning status of lands, buildings, and other structures
* in the Village.
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~ Village of North Orlando, Florida, shall be automoatically classi-
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~ fied as being within the R-l District until such classification
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~ shall have been changed by an amendment as provided by law.
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Whenever any street, alley, or other public way is
vacated by official action of the Village council, the Zoning
Districts adjoining each side of such street, alley or public
way shall be automatically extended to the center of such vaca-
tion and all area included in the vacation shall then and hence-
- 2l -
forth be subject to all appropriate regulations of extended dis-
tricts.
SECTION 44.27 RESTRICTIONS UPON LANDS, BUILDINGS
AND STRUCTURES
(1) Use. No building or structure shall be erected and no
existing building shall be moved, altered, added to or enlarged,
'" nor shall any land, building, structure or premises be used,
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amendments thereto, as permitted in the district in which such
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land, building, structure or premises are located.
~ (2) Height. No structure or building shall be erected, nor
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~ shall any existing building be moved, reconditioned or struc-
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~ in the sections of this Code, or amendments thereto, for the dis-
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~ trict in which such building or structure is located.
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~ (3) Percentage of occupancy (lot). No building or structure
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= surrounding any building or structure be encroached upon or
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~ reduced in any manner except in conformity with the building site
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~ requirements and the areas and parking space and yard regulations
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E established in the sections of this Code, or amendments thereto,
for the district in which such building or structure is located.
(4) Density of population. No building, structure or premises
shall be erected or occupied or used so as to provide a greater
density of population than is allowed under the terms of the
- 22 -
sections of this Code for the district in which such building,
structure or premises is located.
(5) Open space use limitations. No yard or other open space
provided about any building or structure for the purpose of
complying with the regulations of the sections of this Code, or
amendments thereto, shall be considered as providing a yard or
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~ (7) Minimum lot depth. The minimum lot depth shall not be less
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~ than one hundred and ten feet (110') for any single family resi-
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3 dential lots, and no single family dwelling shall be constructed
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~ dwellings
R-lAA AND R-LA ONE-FAMILY DWELLING DISTRICT
SECTION 44.28 IN GENERAL
The lands included within R-lAA and R-LA One-family
Districts are developed predominantly as single family
on lots of generous areas. The zone districts are de-
signed to preserve and protect the characteristics of single-famil
use.
SECTION 44.29 USES PERMIT~D
Within any R-lAA and R-lA Single-family Dwelling Dis-
tricts, no building, structure or land or water shall be used
except for the following use:
(1) Single family dwellings and their customary accessory uses.
- 23 -
SECTION 44.30 CONDITIONAL USES
51) When, after review of an application and plans appurtenant
thereto and hearing thereon, the municipal Planning and Zoning
Board finds as a fact that the proposed use or uses are con-
sistent with the general zoning plan and with the public interest,
the following may be recommended to the Village council as per-
mitted uses in R-lAA and R-IA One-family Dwelling District.
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(a) Churches with their attendant educational
buildings and recreational facilities.
(b) Public utility and service structures.
(c) Schools.
(d) Public recreation areas and facilities.
(e)
Stadiums, independently or in conjunction with
existing school facilities, provided the seating
capacity shall not exceed the student enrollment
of the school to be served plus ten per cent (10%),
and provided there shall be no lights or night use.
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~ (2)
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~ be located and its effects on the value of surrounding lands,
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~ and further, the area of the site as it relates particularly to
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5 the required open spaces and off-street parking facilities.
Any review of an application or plan shall consider the
character of the neighborhood in which the proposed use is to
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Any conditional use that may be granted is limited to the
use and intensity shown in the application and plans submitted,
and application must receive approval in the same manner as the
original application.
(4) Applicants for a conditional use for the location of a
church in any residential zoning district shall furnish the
Planning and Zoning Board with the following information and
shall provide the minimum setbacks, off-street parking and side-
walks as set forth herein, as follows:
(1) Setbacks, minimum.
(a) Front yard minimum of twenty-five feet (25')
in R-lA Single-family Dwelling District and
- 24 -
thirty-five feet (35') in R-1AA Single-family
Dwelling District, from property line;
arterial streets to be treated individually.
(b) Back yard minimum of twenty-five feet (25').
(2) Off-street parking.
(a) Provide one parking space for each eight seats
in chapel and nave, plus one parking space for
each church official resident on the premises,
plus additional parking spaces equal in
number to fifty per cent (50%) of the number
of permanent employees.
(b) Space for one car equals ten feet by twenty
feet or two hundred square feet plus ingress
and egress to a public roadway.
(c) Parking area may not occupy any of the front
yard setback.
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(d) If sufficient parking area is not available
on church lot, parking may be provided within
three hundred feet (300') either through
ownership or lease but must be zoned or
approved for such use.
(3) Sidewalks.
(a) Sidewalks shall be installed by the church on
all streets abutting the church buildings and
such sidewalks shall also be installed
bordering parking areas serving new or
additional church facilities.
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(b) A public hearing on all proposed new churches
or church additions in residential districts
shall be required.
(c) All applications shall contain complete
descriptions of any easements or restrictions
affecting the title to the proposed church
site which may be inconsistent with the
proposed use.
SECTION 44.31 BUILDING HEIGHT REGULATIONS
In R-1AA and R-1A One-family Dwelling Districts, no
building or structure shall exceed twenty-five (25') feet in
height, unless otherwise provided herein, except that boat houses
on the lake frontages shall not exceed twelve feet (12') in height
above the high water line; roof decks may be used as sun decks.
SECTION 44.32 BUILDING AREA REGULATIONS
Each single family dwelling shall be located on a lot
or parcel of land having an area of not less than ten thousand
- 25 -
square feet in an R-lAA Single-family Dwelling District and eight
thousand square feet in an R-lA Single-family Dwelling District
and said lots or parcels of land shall have a minimum width of
eighty feet (80') and seventy-five feet (75'), respectively, at
the building line.
SECTION 44.33 FRONT, REAR AND SIDE YARD REGULATIONS
(1) Front yard. Front yards shall not be less than
thirty-five feet (35') in depth in the R-lAA Single-family
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(2)
Rear yard.
Rear yards shall not be less than
~ thirty-five feet (35') in depth in the R-lAA Single-family
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Dwelling District and twenty-five feet (25') in depth in R-lA
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b.
Single-family Dwelling District.
(3)
Side yards.
Side yards shall be provided on
each side of every dwelling structure of not less than seven and
~ one-half feet (7-1/2') in R-lA Single-family Dwelling Districts,
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and twenty feet (20') in R-lAA, including utility easement.
(4)
Corner lots.
On corner lots, the front line
* setback of twenty-five feet (25') or more must be maintained,
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If the building faces the long dimension of the lot,
or where corner lots face a different thoroughfare than other
lots in the block, the twenty-five foot (25') or greater setback
must be maintained from both thoroughfares.
SECTION 44 . 34 LOT COVERAGE
Forty per cent (40%) of the lot area is the maximum
which may be covered by the principal and accessory buildings
or structures located thereon in R-lAA and R-lA One-family
- 26 -
Dwelling Districts.
SECTION 44.35 USE, AREA AND YARD EXCEPTIONS
See Article IX of this chapter as to use, area and
yard exceptions in R-lAA and R-lA One-family Dwelling Districts.
SECTION 44.36 OFF-STREET PARKING REGULATIONS
See Article IX of this chapter as to off-street parkirg
" regulations in R-lAA and R-1A One-family Dwelling Districts.
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~ medium density areas.
R-l ONE-FAMILY DWELLING DISTRICT
SECTION 44.37
IN GENERAL
Although the lands included in R-l One-family Dwelling
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~ SECTION 44.38 USES PERMITTED
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~ Within any R-l One-family Dwelling Districts, no build-
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(1)
Any use permitted in R-lAA and R-lA Single-
family Dwelling Districts.
(2)
Home occupations.
SECTION 44.39 CONDITIONAL USES
Conditional uses in R-l One-family Dwelling Districts
are the same as for R-lAA and R-lA Single-family Dwelling Dis-
tricts.
SECTION 44.40 BUILDING HEIGHT REGULATIONS
Building height regulations in R-l One-family Dwelling
Districts are the same as in the R-lAA and R-lA Single-family
Dwelling Districts.
- 27 -
SECTION 44.41 BUILDING SITE AREA REGULATIONS
In R-l One-family Dwelling Districts, each family
(single) dwelling shall be located on a lot or parcel of land
having an area of not less than six thousand six hundred square
feet and a width of not less than sixty feet (60').
SECTION 44.42 FRONT. REAR AND SIDE YARDS REGULATIONS
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In R-l One-family Dwelling Districts:
(l) Front yard. There shall be a front yard of not
less than twenty-five feet (25').
(2) Rear yard. A rear yard shall not be less than
twenty-five feet (25') in depth.
(3) Side yard. Side yards shall be provided on each
side of every dwelling of not less than six feet
(6') .
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(4) Corner lots. Same as for R-lAA and R-lA Single-
family Dwelling Districts.
SECTION 44.43 LOT COVERAGE
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~ (40%) of the lot area is the maximum which may be covered by the
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In R-l One-family Dwelling Districts, forty percent
principal and accessory buildings or structures located thereon.
SECTION 44.44
USE. AREA AND YARD EXCEPTIONS
See Article IX of this Chapter as to use, area and yard
exceptions in R-l One-family Dwelling Districts.
SECTION 44.45 OFF-STREET PARKING REGULATIONS
See Article IX of this Chapter as to off-street parking
regulations in R-l One-family Dwelling Districts.
ARTICLE V.
C-l NEIGHBORHOOD COMMERCIAL DISTRICT
SECTION 44.46 IN GENERAL
The C-l Neighborhood Commercial District consists of
- 28 -
lands abutting certain principal streets. the frontages of
which are especially adaptable to selected low traffic generating
uses. Adjoining these lands are residential districts that would
be adversely affected by a greater diversification of uses crea-
ting serious problems of traffic movement and generation. The
district is designed to promote spaciousness of land use.
SECTION 44.47 USES PERMITTED
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~ building, structure, land or water shall be used except for one
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Within any C-l Neighborhood Commercial District. no
~ or more of the following uses:
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(1)
Advertising signs relating only to the uses conducted within
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(11) Liquor stores (retail). taverns and cocktail lounges.
(12) Insurance offices.
(13) Interior decorating. home furnishings and furniture stores.
but excluding appliance stores.
(14) Jewelry and watch repair; china and luggage shops.
- 29 -
(15) Music conservatory, dancing schools and art schools.
(16) Music, radio and television shops.
(17) Paint and wallpaper stores for the retail sale of the pro-
ducts only.
judgment of the Board of Adjustment are consistent with those
(18) Any other retail store or business enterprise that in the
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nishings.
( 19)
Photographic supplies and studios.
Private clubs and lodges.
Professional offices and business offices.
Publicly owned and operated recreational facilities.
Public utility and service structures.
Restaurants and tearooms where patrons are seated and
Shops for ladies~ men's and children's apparel and fur-
* (26) Structures for public uses, such as community centers,
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SECTION 44.48 CONDITIONAL USES
Multiple family residential units may be permitted as
conditional uses as provided by the Board of Adjustment.
SECTION 44.49 BUILDING HEIGHT REGULATIONS
height shall not exceed fifty feet (50').
In C-l Neighborhood Commercial District, the building
- 30 -
SECTION 44.50 BUILDING SITE AREA REGULATIONS
In C-1 Neighborhood Commercial District, the building
site area regulations are none.
SECTION 44.51 FRONT, REAR AND SIDE YARD REGULATIONS
(1) Front yard. A front yard or setback of at least
fifteen (15') shall be provided, except however, that when the
frontage in one block is located partly in C-l Neighborhood
Commercial District and partly in a residential or multiple
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dwelling district, then the front yard requirements of the resi-
~ dentia1 district or multiple dwelling district shall apply to the
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Side yard.
None required except on that side of
poses, in which case there shall be a side yard of not less than
~ thirty feet (30').
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In all other cases a side yard, if provided,
shall not be less than three feet (3').
SECTION 44.52
OFF STREET PARKING REGULATIONS
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ARTICLE VI.
C- 2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICT
SECTION 44.53
IN GENERAL
The lands of the C-2 General Commercial and Industrial
District are to be used by a variety of Commercial and Industrial
operations. The purpose of this district is to permit the normal
operation of the majority of industrial uses under such conditions
- 31 -
of operation as will protect abutting Residential and Commercial
uses and abide by the Performance Standards of Seminole County,
State of Florida and U. S. Government.
SECTION 44.54 USES PERMITTED
Within C-2 General Commercial and Industrial District,
no building, structure, land or water shall be used except for
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Any use permitted in C-l Neighborhood Commercial District.
(2)
Laboratories for Testing Materials; chemical analysis.
~ (3) Machinery sales and service.
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(7)
Sheet metal working shop.
SECTION 44.55
BUILDING SITE AREA REGULATIONS
No building or structure shall exceed fifty feet (50')
ARTICLE VII.
R-U RURAL URBAN DWELLING DISTRICT
SECTION 44.56 IN GENERAL
The lands included within the R-U Rural Urban Dwelling
District are those developed or used predominantly for agricul-
tural purposes and government or public service facilities with
single family dwellings as the primary residential use. The
- 32 -
The sites are intended to be those which would normally have
large tracts of land adjacent or contiguous to residential fuca-
tions.
SECTION 44.57 USES PERMITTED
Within any R-U Rural Urban Dwelling District, no build-
ing, structure, land or water shall be used except for one or
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Forests, groves, farms and truck gardening, including usual
farm building structures and livestock.
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(6)
(7)
Home occupations.
Single family dwellings, but a building permit for such
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attesting that the lot upon which the dwelling structure is to be
erected, has a satisfactory minimum standard of improvements.
(8) Accessory building and uses customarily incident to the above
uses not involving the conduct of a business.
(9) Commercial riding stables and commercial dog kennels, when
located on a tract of land of not less than five acres and pro-
- 33 -
vided that no structure, pen or corral housing animals shall be
closer than two hundred feet (200') from any property line.
(10) Roadside stand offering for sale only products which are
produced on the premises, provided such structure is set back
at least thirty-five feet (35') from the front or side line of
the property.
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SECTION 44.58
CONDITIONAL USES
When, after review of an application and plans appur-
~ as a fact that the proposed use or uses are consistent with the
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(4)
Government service facilities.
SECTION 44.59
BUILDING HEIGHT REGULATIONS
In R-U Rural Urban Dwelling District no building or
in height, unless
otherwise provided for herein, except boat houses on lake front-
ages shall not exceed twelve feet (12') in height above the high
water line; roof decks may be used as sun decks.
SECTION 44.60 BUILDING SITE AREA REGULATIONS
Every lot or tract of land used for any of the permitted
uses in R-U Rural Urban Dwelling District, shall have an area of
- 34 -
not less than Gueacre, except that if a lot has less area than
herein required and was of record at the time of the passage of
this section, that lot may be used for any of the uses permitted
by this article in conformity with the yard and open space requir
ments for this district. The lot or parcel of land shall have a
minimum width of one hundred fifty feet (150') at the building
line.
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SECTION 44.61 FRONT. REAR AND SIDE YARD REQUIREMENTS
~ (3)
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Side yards.
Side yards shall be provided on each side of
every principal structure of not less than fifteen feet (15') or
ten percent (10%) of the width of the lot, whichever is greater,
i but such side yard need not exceed twenty-five feet (25').
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(4)
Corner lots.
On corner lots, the front line setback of
thirty-five feet (35') or more must be maintained but a fifteen
:i foot (15') side line setback will be permitted on the street side
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1ine,provided the corner lot faces the same way as all other lots
in the block.
If the building faces the long dimension of the lot or
where the corner lots face a different thoroughfare than other
lots in the block, the thirty-five foot (35') or greater setback
must be maintained from both thoroughfares.
- 35 -
SECTION 44.62 LOT COVERAGE
In R-U Rural Urban Dwelling District, forty percent
(40%) of the lot area is the maximum which may be covered by the
principal and accessory buildings or structures located thereon.
SECTION 44.63 OFF-STREET PARKING REGULATIONS
See Article IX of this Chapter as to off-street parking
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ARTICLE VIII.
T-1 TRAILER HOME DISTRICT
SECTION 44.64 DESCRIPTION OF DISTRICT
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SECTION 44.65
USES PERMITTED
Within any T-1 Trailer Home District the following uses
~ (1) Parking of one trailer on a lot owned by the owner of the
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These shall include accessory storage buildings
carports, porches, cabanas and supplemental structures housing
additional living quarters which are adjacent to and made a part
of the trailer.
(3) No house shall be constructed in a Trailer Home District un-
less they conform to the requirements of an R-lA District in all
respects.
- 36 -
SECTION 44.66 PERMITS
A permit to park a trailer in a T-l Trailer Home Distric
shall be issued for a fee of $5.00 and shall be issued subject to
inspection by the building inspector. Any supplemental structures
shall be treated as for residential uses and shall be subject to
permit fees and inspection.
SECTION 44.67 USES PERMITTED
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Any use permitted in an RI-A District.
SECTION 44.68 BUILDING SITE AREA REGULATION
No trailer shall be located on a lot less than 7,700
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SECTION 44.69 MINIMUM FRONT, REAR AND SIDE YARD
REGULATIONS
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The minimum set back requirements shall be the same as
ARTICLE IX
OFF-STREET PARKING AND LOADING REGULATIONS
SECTION 44.71 DEFINITIONS
For the purpose of the following sections of this Code,
certain words and terms are defined as follows:
- 37 -
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(1) Off-street parking space. Whenever the term "parking space"
is herein referred to, it shall be either garage or off-street
standing storage space, for the parking of passenger vehicles,
having an area of not less than two hundred square feet for each
automobile intended to be parked thereon with necessary and ade-
quate space for the approach, turning and exit of automobiles
to a public street or alley.
(2) Parking lot. A parking lot shall mean any land used, pro-
vided or permitted to be used for the parking of automobiles.
(3) Off-street parking and unloading space. An open, hard
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SECTION 44.72
OFF-STREET PARKING REQUIREMENTS
There shall be provided at the time of the erection of
provisions for ingress and egress by an automobile of standard
size, in accordance with the following requirements.
(1) Central business district. The area known as the central
business district and more particularly described as follows, shall
be exempted from furnishing parking spaces as required herein.
- 38 -
(2) One-family dwellings. Two parking spaces per family dwell-
ing unit, at least one of which shall be located back of the
building line, except in the R-lAA one-family dwelling zone, both
of which such spaces shall be located back of the building line.
(3) Two-family and multiple dwellings. One parking space per
dwelling unit, said space to be located back of the building line.
~ (4) Hotels. One parking space for each three guests or sleeping
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~to be located for each five employees.
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i(9) Hospitals. One parking space for each four patient beds
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or visiting doctor (based on the average number), plus one park-
ing space for each four employees, including nurses.
(10) Sanitariums or convalescent homes. One parking space for
each six patient beds, plus one parking space for each staff or
visiting doctor (based on average number), plus one parking space
for each four employees, including nurses.
- 39 -
(11) Medical or dental clinics. Three parking spaces for doc-
tors, plus one additional parking space for every two employees.
(12) Mortuaries, or funeral parlors. Space for all official
vehicles, plus one additional space for each family resident on
the premises, plus three parking spaces for each four employees
(other than those resident of the premises), plus such additional
~ space for funeral visitors as shall be determined by the Planning
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and Zoning Board to be necessary, considering factors such as num-
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additional space for business and social visitors as shall be
determined by the Planning and Zoning Board to be necessary in
light of the needs of the particular institution.
( 14)
Community centers, libraries, museums, post offices, et
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Spaces equal in number to seventy-five percent (75%) of
i the number of employees, plus additional parking spaces for
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visitors as shall be found by the Planning and Zoning Board to be
necessary in the light of the particular needs and circumstances
of the institution.
(15) Dance halls. One parking space for each thirty-six square
feet of dance floor area, plus additional parking spaces equal in
number to seventy-five percent (75%) of the number of employees.
- 40 -
(16) Bowling alleys. Four parking spaces for each alley, plus
one additional parking space for each two employees.
(17) Convention halls, amusement parks, race tracks, skating
rinks, and similar uses. Spaces equal in number to seventy-five
percent (75%) of the number of employees, plus such additional
space for patrons and visitors as shall be found by the Planning
~ and Zoning Board to be necessary, in view of the type of use, its
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(18)
Auditoriums and theaters.
One parking space for each ten
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~ (19) Gymnasiums (operated by high schools, public recreation de-
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spaces with respect to gymnasiums shall not be applicable if the
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met the requirements for off-street parking space for the school
auditorium located on the same high school campus.
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Stadiums.
One parking space for each six seats, plus addi-
tional parking spaces equal in number to seventy-five percent
(75%) of the number of employees.
(21) Churches. One parking space for each eight seats, plus one
additional parking space for each church official resident on the
premises, plus additional parking spaces equal in number to fifty
percent (50%) of the number of permanent employees.
- 41 -
(22) Schools (elementary, junior high). One parking space for
every thousand square feet of floor space plus sufficient off-
street parking space for safe and convenient loading and unload-
ing of students.
(23) Schools (vocational and colleges). Two parking spaces for
everyone thousand square feet of floor area, plus sufficient off-
~ street parking spaces for safe and convenient loading and unload-
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ing of students, plus one parking space for each ten seats in the
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school or college auditorium, provided, however, if the school or
~ college campus has a gymnasium and has provided off-street parking
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building, excluding hallway, stairwells, elevator shafts and
storage space.
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Airports, railroad passenger stations, bus depots or other
passenger terminals and facilities.
Such space as the Planning
and Zoning Board shall find to be necessary for employees, for
i loading and unloading of passengers and for spectators, visitors
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and others.
(26)
Restaurants, night clubs, tearooms or lunch counters. One
parking space for each hundred square feet of floor space for
patron use in the building.
(27) General business and retail commercial. One parking space
for each three hundred square feet of floor space in the building
exclusive of storage space.
- 42 -
(28) Industrial or manufacturing establishments. One parking
space for each four employees (based on maximum number employed
at anyone time), plus such additional space as is required for
all vehicles used directly in the conduct of the enterprise.
(29) Lumber yards and appliance stores, household equipment and
furniture repair shops. One parking space for each six hundred
9square feet of floor space in the building, exclusive of storage
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~each three hundred square feet of floor space used for instruction.
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SECTION 44.73 GENERAL PROVISIONS FOR OFF-STREET PARKING
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Ulincrease would result in a requirement for additional parking or
sections of this Code.
Change in intensity of use.
Whenever a building or structure erected prior to or
loading and unloading facilities through application thereto of
the "off-street parking regulations" of the sections of this Code,
such additional facilities shall be provided accordingly, except
that no building or structure erected prior to the effective date
of this section shall be required to provide parking or loading
facilities unless the aforesaid additional required facilities
- 43 -
amount to an increase of at least twenty-five percent (25%), in
which case, parking or loading spaces shall be provided on the
basis of the additional units of measurements of the new use or
of the altered or expanded use.
When a building or structure shall undergo any decrease
in number of dwelling units, gross floor space, seating capacity,
or other unit of measurement specified hereinafter for required
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3 parking or loading facilities,and further, when said decrease
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~ loading spaces through application thereto to the "off-street
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tions of this Code to the entire building or structure as modified.
(2)
Minimum distance and setbacks.
The parking space, if on the same lot with a main build-
ing, shall not be located within the front yard required by the
sections of this Code for such building.
If not on the same lot
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~ with the principal building, the parking lot shall not be closer
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~ to any street line than the established building line on adjacent
properties, or less than the setback required for the district in
which the parking area is located. Further, any wall, fence or
hedge developed along the street side of the parking lot shall
observe the building setback requirements applicable on such
street or streets.
(3) Screening and landscaping.
All parking lots shall be effectively screened on each
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side which adjoins or fronts property situated in any residential
or multiple dwelling district by a wall, fence or densely planted,
compact hedge. Such wall, fence or hedge shall be not less than
three feet (3') nor more than four feet (4') in height and shall
be maintained in good condition.
(4) Lighting.
Any lighting used to illuminate any off-street parking
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~ ing properties.
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lot shall be so arranged as to reflect the light away from adjoin-
~ (5) Plat plan showing location of parking area.
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III No application for a building permit for a new, enlarged
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~or altered structure or improvement or use shall be approved un-
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~less accompanied by a plat plan drawn to scale, showing the
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~required off-street automobile parking facilities as specified
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: parking
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:iissued upon completion of any building or addition which would
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~require an increase in parking space or off-street loading and
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lIlunloading space, unless and until all off-street parking and
nor shall a permit by issued for the improvement of a
area to serve as an accessory use to an existing build-
buildings until a plat plan drawn to scale has been sub-
in accordance with the provisions contained herein.
Certificate of occupancy or use permits.
No certificate of occupancy or use permits will be
loading space requirements, shown upon the plans, are made a part
of the building permit, shall be in place and determined by the
building official to be ready for use.
(7) Existing uses.
Nothing in the sections of this Code shall prevent the
reconstruction, repairing or rebuilding and continued use of any
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nonconforming building or structure existing at the effective date
of this section, which is damaged by fire, collapse, explosing,
or acts of God subsequent to such effective date.
(8) Loading space.
As required under"off-street loading and unloading
regulations", the space supplied for such off-street loading and
9 unloading purposes shall not be construed as supplying required
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~ off-street parking space.
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~ (9) Location of parking spaces.
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~be graveled or hard surfaced and properly drained and shall be
Parking spaces provided pursuant to this section must
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~located on the same property as the principal building, or on a
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tproperly zoned lot within three hundred feet (300') of the build-
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~ing. Such distance shall be walking distance measured from the
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~nearest point of the parking lot to the nearest boundary of the
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: property on which the building is located and that said parking
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~lot is required to serve. In determining automobile parking
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; spaces, if not shown by actual plan and count, three hundred
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~square feet of gross area per parking space will be used in com-
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:puting the number of spaces. When units of measurements determin-
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i1ng the number of required off-street parking and off-street load-
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~ing spaces result in a requirement of a fractional space, any
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lllfraction up to and over one-half shall require one off-street
parking space or one off-street loading space.
(10) Collective action relative to off-street parking and loading.
Nothing in sections of this Code shall be construed to
prevent the joint use of off-street parking or off-street loading
space for two or more buildings or uses if the total of such space~
when used together, shall not be less than the sum of the require-
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ments for the various individual uses computed separately in accord
ance with the "off-street parking regulations" and "off-street
loading and unloading regulations" of the sections of this Code.
(ll) Mixed uses.
In the case of mixed uses, the total requirements of
off-street parking and loading space shall be the sum of the re-
quirements of the various uses computed separately as specified
- in the "off-street parking regulations" and "off-street loading
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~ and unloading regulations" of the sections of this Code, and the
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~off-street parking and off-street loading and unloading space for
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~one use shall not be construed as providing the required off-
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~ street parking or off-street loading space for any other use.
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t (l2) Use of required off-street parking by another building.
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~ No part of an off-street parking lot required for any
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~building or use for the purpose of complying with the provisions
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~of the sections of this Code, shall be included as a part of
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~off-street parking area, similarly required for other building or
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iuse, unless the type of structure indicates that the periods of
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~usage of such structures will not be simultaneously used with
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: each other....such determination to be made by the Planning and
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(l3) Remote parking lots encumbered.
Where the provisions of the off-street parking for a
building or other use established subsequent to the adoption of
this section involves one or more parcels or tracts of land that
are not a part of the plat on which the principal use is situated,
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the applicant for a permit for the principal use shall submit
with his application for a building permit an instrument duly
executed and acknowledged, which subjects said parcels or tracts
of land to parking uses in connection with the principal use for
which it is available; provided, however, that such encumbrance
shall only be effective for the period of time during which cer-
tificates of occupancy is in effect for the particular use for
which the building permit is issued. However, the new occupant
must still meet the requirements for such new occupancy as pro-
vided by the sections of this Code.
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The applicant shall deposit the necessary recording
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~fee and upon issuance of a building permit, the building official
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~of the Village shall cause said instrument to be recorded in the
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~office of the Clerk of the Circuit Court of Seminole County, Flori-
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~da. Such encumbrances shall be null and void and of no effect,
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~if and when the Village shall rescind or terminate off-street
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~parking requirements for the building to be served by the encum-
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cered after a proper hearing thereon with due notice to the inter-
Powers of variance of Board of Adjustment.
The Board of Adjustment is hereby authorized and empow-
ested parties, to permit a variation or modification in the
required location of off-street parking space, if after investi-
gat ion by such Board it is found that such variation is necessary
to prevent unreasonable hardship or to secure an appropriate de-
velopment of a specified parcel of land which has peculiar or
exceptional geographical or topographical conditions, or is a
size, shape, dimension, or location that it cannot be reasonably
developed in accordance with the provisions of sections of this
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Code, as herein authorized will not be inconsistent with the
spirit and purpose of this section.
In granting any variations or modifications as herein
authorized, such Board of Adjustment may impose conditions and
limitations in respect to the proposed use and development of
the premises as in its judgment are necessary in order to provide
~ adequately for the public safety and to do substantial justice to
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the parties involved, having in mind the public interest, safety
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and welfare in connection therewith; provided, however, that
~ nothing herein shall be construed to limit or curtail the exist-
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~ ing authorities and powers of said Board of Adjustment, and this
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~ provision shall be deemed accumulative, and in addition to said
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~ (15) Accessory parking in residential areas.
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: commercial district but located in a R-lA or R-lAA Single Family
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~ Dwelling District may be used as a free parking lot or lots to
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A lot or lots separated by a common boundary from a
(a)
No advertising signs are erected in the area.
(b)
The setback from the front property line shall
be the same as for the district in which the lot
or lots are located.
(c)
All automobile parking lots shall be effectively
screened on each side which adjoins or fronts
property situated in any residential or single
family dwelling district by a wall, fence-or
densely planted compact hedge. Such wall, dense-
ly planted hedge or fence shall not be less than
four feet (4') in height and shall be maintained
in good condition.
(d) No structures shall be erected in such areas.
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(16) Common Boundary--construed.
For the purpose of sub-section (15) above, the term
"common boundary" shall be deemed to include all or any part of
a line between a commercial district and an R-l, R-IA or R-1AA
Single Family Dwelling District, or the separation of a commercial
district from an R-l, R-lA and R-lAA Single Family Dwelling Dis-
trict by an intervening public street, alley or other way where
the parcels in question lie wholly or partly in a position direct-
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common boundary line in whole or in part.
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ARTICLE X.
GENERAL NUISANCES
SECTION 44.74 TRAILERS
No house trailers will be permitted in Residential
Campers, Camp Trailers and boats and Trailers will
be permitted if kept in a garage or carport or rear yard or side
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~ yard not fronting on any street; providing no one occupies them.
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~ SECTION 44.75 TRAILER USES
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~ Trailers may be kept only in areas designated as trailer
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parks, except as designated in Section 44.82 of this Code. A
temporary permit may be obtained from the Village council for use
in commercial, rural and residential.
SECTION 44.76 NUISANCES
Nothing may be done on any lot which may become an
annoyance or nuisance to the neighborhood. No refuse pile or
unsightly objects shall be allowed to be placed or suffered to
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remain thereon. In the event the owner shall fail or refuse to
keep premises free of refuse piles or other unsightly objects or
growths, then the Village council may enter upon said land and
remove the same at the expense of the owner and said entry shall
not be deemed a trespass.
SECTION 44.77 ANIMALS
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~ No one shall keep the following animals in R-l, R-lA
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~ and R-lAA Residential Zone Areas; Horses, cows, pigs, chickens,
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~ geese, goats or any other fowl or livestock, other than house-
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~ hold pets.
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~ Horses and ponys may be permitted in R-lAA areas pro-
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~ vided at least one acre of land is available for each animal.
SECTION 44.78 EXCEPTIONS
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SECTION 44.79 KENNELS
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: age, per household, shall be deemed a kennel.
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More than two adult dogs or cats, over six months of
SECTION 44.80
KENNEL ZONING
Kennels will be allowed in C-2 Commercial and R-U Zoned
Areas.
SECTION 44.81 PARKING OF CERTAIN COMMERCIAL VEHICLES-
PROHIBITED
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~ In order to protect and promote the public health,
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E safety and welfare, and among other purposes, to provide light,
pure air, safety from fire and other dangers and to protect prop-
erty values in certain residential districts in the Village, the
parking of certain commercial vehicles, which description shall
include trucks, truck-tractors, semi-trailers, and commercial
trailers exceeding the sizes hereinafter specified, is prohibited
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on the public streets or on or within privately owned driveways
or property within R-lAA, R-1A, R-l Residential as established by
this Code, except for loading or unloading purposes or when park-
ing within buildings or enclosures which are permitted in such
zones.
SECTION 44.82 SAME-"COMMERCIAL VEHICLES" DEFINED
~ For the purposes of Sections 44.01 to 44.81 of this Code
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~ are hereby declared to be commercial vehicles, subject to the pro-
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~ visions of Section 44.81 to-wit:
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~ (1) Trucks or other vehicles having a rated capacity
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~ of more than three quarter ton, including trucks or other vehicles
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~ permanent base, platform or support of equipment, machinery or
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~ power plants of all types.
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(2)
Trucks or tractors having dual rear wheels.
(3)
Trailers or semi-trailers having dual rear wheels,
i or either such trailers having an overall length of more than
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twelve feet (12').
(4)
Stake body trucks, walk-in vans or van type bOdies
i regardless of rated capacity.
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SECTION 44.83
SAME-CERTAIN COMMERCIAL VEHICLES
PERMITTED; LIMITED-APPROVED
Any motorized vehicle primarily designed or intended
for trade, industrial or construction use, the parking of which is
not expressly prohibited in R-U, R-lAA, R-lA and R-l areas resi-
dential shall be permitted in said districts; provided, that no
more than one such vehicle shall be permitted for anyone dwelling
unit within such zoning districts.
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SECTION 44.84 SAME-EXCEPTIONS: EMERGENCY VEHICLES
AND HARDSHIP CASES: APPROVED
(A) Nothing herein contained shall prohibit the parking
of vehicles of public or private utilities companies on the
public streets for the period of time required in the locating,
relocating, servicing, testing or repairing of equipment of such
companies nor shall the provisions herein be construed to pro-
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3 hibit parking of vehicles actually in use in the construction,
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~ repair, or maintenance of any road, street or alley in such
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~ zoning districts; provided, further, that vehicles used for
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~ necessary emergency service to the public, the operator of such
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~ vehicles being subject to call at all times day or night, may be
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~ parked in the above-described zoning districts at the residence
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~ of such operator, but only one such vehicle may be parked at any
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~ one residence building.
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(B)
Where there are practical difficulties or unneces-
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~ sary hardships in the way of carrying out the strict letter of
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5 this Code, the Board of Adjustment shall have the power to
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~ vary or modify any of the rules, regulations or provisions pre-
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SECTION 44.85 STORAGE, REPAIR, ET CETERA OF DISABLED
MOTOR VEHICLES-APPROVED
The term "disabled motor vehicle", shall refer to any
motor-driven vehicle, regardless of size, which is incapable of
being self-propelled upon the public streets, including a current
motor vehicle license.
(1) Front and side yards.
Disabled vehicles shall not be permitted in front yard
or side yard; provided, however, that a reasonable time (not to
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exceed forty-eight hours from the time of disability) shall be
permitted for the removal or servicing of a disabled motor vehicle
in an emergency caused by accident or sudden break-down of the
vehicle.
(2) One disabled motor vehicle may be permitted in the
rear yard of a residential, commercial or industrial lot as an
accessory use to the main use of the lot; provided, that such
vehicle is not located in any open space required by the zoning
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~ laws. Service and repair work may be performed on such vehicle,
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~ and parts and tools and equipment incidental to such service and
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~ repair thereto may be stored and used. Nothing contained therein
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~ shall be construed as authorizing the disassembling, tearing down,
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; or scrapping of a motor vehicle or to permit one motor vehicle to
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~ be scavenged, stripped for parts for some use on another vehicle,
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~ provided, however, that a disabled vehicle shall not be permitted
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: to remain outside of a building for a period in excess of thirty
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g days on any lot used for residential purposes.
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ARTICLE XI.
SECTION 44.86 CHANGES AND AMENDMENTS
The Village Council, in conjunction with the Zoning
Commission, may from time to time amend, supplement, change or
repeal the regulations, restrictions or district boundaries and
designations as set out in this ordinance after public hearing
as provided in Chapter 176.06, Florida Statutes 1965, and any
amendments thereto, and as provided by the intents herein con-
tained and in accordance with the intents and purposes of the
Florida Statutes.
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ARTICLE XII.
SECTION 44.87 PENALTY
Any person or persons, firm or corporation violating
or failing to comply with the terms and provisions specified
herein, shall be, upon conviction and at the discretion of the
Court, fined a sum not to exceed Five Hundred Dollars ($500.00)
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or by imprisonment not exceeding sixty (60) days, or by both
g fine and imprisonment. Each day that a violation is permitted
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~ to exist shall constitute a separate offense.
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ARTICLE XIII.
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~ SECTION 44.88 INTERPRETATION. PURPOSE AND CONFLICT
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~ In interpreting and applying the provisions of this
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~ ordinance, they shall be held to be the minimum requirements for
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~ the promotion of the public health, safety, morals and general
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~ welfare of the community. It is not intended by this ordinance
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~ to interfere with, abrogate or annul any lawful easements, cove-
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~ nants, or other agreements between parties; provided, however,
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~ that where this ordinance imposes a greater restriction upon the
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~or requires larger open spaces than are imposed or required by
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;nants or agreements, the provisions of this ordinance shall control
ARTICLE XIV.
SECTION 44.89 SEPARABILITY CLAUSE
Should any article or provision of this ordinance be
declared by the Courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole,
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,
,,-.
~or any part thereof other than the part so declared to be un-
constitutional or invalid.
ARTICLE XV.
SECTION 44.90 CONFLICTS REPEALED
That all ordinances or parts of ordinances in conflict
" herewith be and the same are hereby repealed.
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~ This ordinance shall become effective immediately upon
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~ its passage and adoption.
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READ FIRST READING THIS LI day
A. D. 1961. -
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READ SECOND READING THIS 0 day
A. D. 196.l. ~
PASSED AND ADOPTED THIS ~day
A. D. 196).
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~ Village Clerk
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