§ 122-3. District uses definitions.
As used in this chapter and other chapters in subpart B of this Code, the following terms have the following meanings:
Adult arcade means a place from which minors are excluded and to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore means an establishment from which minors are excluded and which sells or rents adult material in any of the following categories: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations, or recordings, or other video matter. Any adult use activity other than the sale or rental of adult material shall preclude the establishment's qualifying solely as an adult bookstore.
Adult cabaret means any bar, dancehall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, or waiters or waitresses that engage in specified sexual activities or display specified anatomical areas, or any such business establishment, the advertising for, or signs identifying which, use the word "adult," "topless," "nude," "bottomless" or other words of similar import.
Adult photographic studio includes any business establishment from which minors are excluded, and which offers or advertises, as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas.
Adult physical culture establishment means any business establishment which offers or advertises massage, body rubs or physical contact with specified anatomical areas. Business establishments that provide similar treatment by a medical practitioner, chiropractor, physical therapist or similar professional person licensed by the state shall be excluded from this definition. This definition shall also not include an athletic club, health club, spa or similar establishment that provides massages or body rubs as an incidental or accessory use.
Adult theater means an enclosed building or an enclosed space within a building, or an open air area, used for presenting either films, motion pictures, videocassettes, slides or other photographic reproductions, or live plays, dances or other performances, either by individuals or groups, from which minors are excluded, and which are distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. An establishment which has adult booths or an adult arcade is considered to be an adult theater.
Adult use establishment includes the terms "adult arcade," "adult bookstore," "adult booth," "adult cabaret," "adult photographic studio," "adult physical culture establishment" and "adult theater," including any business establishment whose primary business stock in trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas.
Advertising service (on-site/off-site signs) means an establishment engaged in the preparation of poster displays and painted and electric spectacular displays on billboards, panels, bulletins and frames. These establishments may construct, repair and maintain displays.
Airport means any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for passengers and the housing and maintenance of aircraft.
Alcoholic beverage establishment means a commercial establishment selling, dispensing, serving or providing alcoholic beverages for on-premises consumption. These establishments include bars, nightclubs and cocktail lounges. These establishments may also sell packaged alcoholic beverages to customers for off-premises consumption.
Antique gallery means an establishment engaged in the display of antique items and related accessories.
Assembly of electronic components means an establishment where electronic components are assembled into a semifinished or finished product.
Assisted living facility means a facility providing 24-hour, year-round social and personal care and adult supervision for children, the elderly, and disabled adults. Such residents occupying this type of facility are usually unable to care for themselves without the assistance of others. This category shall include nursing homes. This category shall not include a facility or dwelling defined as a community residential home or transitional recovery facility.
Auto repair, minor means an establishment that provides minor service and maintenance of the ancillary systems of a vehicle including such services as:
(1)
Sales and service of spark plugs, batteries and distributor and ignition systems;
(2)
Sales, service and repair of tires, but not recapping or regrooving;
(3)
Replacement of mufflers, tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;
(4)
Radiator cleaning, flushing and fluid replacement;
(5)
Washing and polishing and sale of automotive washing and polishing supplies;
(6)
Greasing and lubrication;
(7)
Providing and repairing fuel pumps, oil pumps and lines;
(8)
Minor adjustment and repair of carburetors;
(9)
Emergency repair of wiring;
(10)
Minor motor adjustment not involving removal of the head or crankcase; or
(11)
Warranty maintenance and safety inspections.
Auto supply store means an establishment engaged in the retail sale of new automobile tires, batteries and other automobile parts and accessories and may include minor vehicle repairs.
Automobile cleaning/detailing services means a facility engaged in furnishing automobile washing, waxing, polishing, detailing, tinting and/or similar services, except repairs.
Automobile rental sales means premises, or a portion of premises, occupied by an establishment engaged in renting automobiles.
Automobile sales (new) means an establishment engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries and automotive accessories.
Automobile sales (used) means an establishment engaged in the rental sale of used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries and automotive accessories.
Automobile wrecking yard means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.
Automotive specialty sales means an establishment engaged in the retail selling of new and/or used motorbikes, motorcycles and similar automotive product specialties. These establishments may include repair departments.
Bail bonds agency means:
(1)
The building where a licensee maintains an office and where all records required by F.S. §§ 648.34 and 648.36 are maintained; or
(2)
An entity that:
a.
Charges a fee or premium to release an accused defendant or detainee from jail; or
b.
Engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.
Bakery store means an establishment engaged in the retail sale of bakery products. These products may be made on the premises.
Bed and breakfast means a residential structure or portion thereof where short-term lodging rooms are provided to overnight guests for commercial purposes. This category shall not include a building defined as a transitional/recovery facility (including a halfway house), boarding house, fraternity/sorority house, assisted living facility or a community residential home.
Boat store means an establishment engaged in the retail sale of new and used motorboats and other watercraft, marine supplies and outboard motors.
Bowling center means an establishment known to the public as bowling alleys. These establishments may sell meals and refreshments.
Building material sales means an establishment engaged in the selling of equipment and supplies for all types of construction directly to consumers, as well as to contractors, and not for resale. These establishments may also sell home furnishings and garden sales.
Carpet and upholstery cleaning means establishments engaged in cleaning carpets and upholstered furniture at a plant.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Check cashing establishment means any building, room, space, establishment, facility or portion thereof where checks are cashed in exchange for a percentage fee or where unsecured, short-term cash advances are provided, including those made against future paychecks. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.
Church/place of worship means an institution that people regularly attend to participate in or hold religious services, meetings and other activities.
Coin-operated laundry and dry cleaning means an establishment engaged in the operation of coin-operated or similar self-service laundry and dry cleaning equipment.
Colleges/universities means colleges and universities furnishing academic courses and granting academic degrees. The requirement for admission is at least a high school diploma or equivalent general academic training.
Commercial outdoor baseball batting facility means an establishment engaged in the commercial operation of one or more outdoor baseball batting cages. This facility may also include indoor recreation facilities.
Commercial photography (art and graphic design service) means an establishment engaged in providing commercial photography, art or graphic design services for advertising agencies, publishers, and other business and industrial users.
Commercial recreation, indoor means an establishment which provides indoor amusement or entertainment, including such activities as theatrical productions, ballrooms, arcades, billiards and bingo. All bingo games must comply with the requirements of F.S. ch. 849.0931.
Commercial recreation, outdoor means an establishment which provides outdoor recreation, amusement, and/or entertainment, including but not limited to the following: miniature race car track, bumper boats, equestrian facility, amusement park, and skateboard park. This definition shall not include an outdoor rifle or shooting range.
Community education center means a facility designed to provide a mix of educational opportunities to persons of all ages, including academic, vocational, and leisure time programming. Programs include but are not limited to vocational training, basic literacy training, vocational programs, adult high school courses, short courses, community forums, and nontraditional training programs for all ages.
Community residential home means a single-family residential dwelling licensed to serve clients of the state department of children and family services, which provides a living environment for a maximum of 14 unrelated residents (as defined in F.S. § 419.001(1)(a)) who operate as the functional equivalent of a family, including such supervision and personal care by supportive staff that meets the physical, emotional and social needs of the residents. For purposes of this subsection, the term "resident" means any of the following: A frail elder as defined in F.S. § 429.65(9), a physically disabled or handicapped person as defined in F.S. § 760.22(7)(a), a developmentally disabled person as defined in F.S. § 393.063(9), a nondangerous mentally ill person as defined in F.S. § 394.455(18), or a child as defined in F.S. §§ 39.01(14), 984.03(9) and (12), and 985.03(7). This category shall not include a facility defined as an assisted living facility or transitional recovery facility.
Community work release facility means a (a) "work release center" as defined in Rule 33-601.602(1)(h), Florida Administrative Code, (b) a federal "Residential Re-Entry Center", (c) a facility that provides conditions that afford a prisoner with a reasonable opportunity to adjust to and prepare for the prisoner's re-entry into the community pursuant to 18 U.S.C. 3624, (d) a facility that provides "community confinement" pursuant to 28 CFR § 570.21, or (e) a facility that serves a substantially similar function as the foregoing.
Computer maintenance and repair means an establishment engaged in the maintenance and repair of computers and computer accessory equipment.
Conference center means a facility used for conventions, seminars, workshops, meetings, receptions, parties or other similar events, including food preparation and eating facilities for the use of participants, and including compatible accessory facilities.
Construction/farm equipment sales means an establishment engaged in the sales or rental of construction or farm equipment. "Construction or farm equipment" includes excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy-duty types of equipment used in the construction or farming industries but does not include horse trailers, trucks or other vehicles designed for use on public roads.
Construction service establishment means the office of a business engaged in the construction, addition, alteration, repair or development of land or buildings. The business may include the storage of equipment and material used in that business. This category includes building contractors such as plumbers, electricians and mechanical contractors.
CRA industrial uses include light and heavy industrial uses on parcels that meet the following criteria:
(1)
All parcels shall have B-3C zoning with the high intensity/central core land use classification.
(2)
New light industrial (warehouse and wholesale distribution) uses are permitted uses.
(3)
Existing heavy industrial/manufacturing uses that have been in operation in the Downtown CRA Subarea since October 1, 1991 are considered conforming uses.
(4)
Existing heavy industrial/manufacturing uses in the B-3C zoning district in the downtown CRA subarea can expand on-site but will require a special exception to expand off-site.
Dance/art/music studio means an establishment engaged in operating dance, art and music studios or schools.
Day care facility means an establishment which provides child care for more than five children not remaining overnight and not related by blood or marriage or adoption to the operator, and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The term includes nursery schools, pre-kindergartens and kindergartens, but does not include family day care homes as defined in F.S. § 402.302.
Day labor service establishment means a business that furnishes or supplies day laborers to provide services to or for any third party employer pursuant to a contract between the day labor service establishment and the third party employer.
Dental laboratory means an establishment engaged in making dental products such as dentures, artificial teeth and orthodontic appliances.
Department store means an establishment under single ownership engaged in the retail sale of a variety of merchandise.
Downtown residence, commercial means a single unit that houses both an antique gallery, art gallery or office and a residential unit used by the proprietor of the business; or a residential unit within the same building as a commercial use. The residential unit and commercial use shall be considered separate units and have their own private entrances. The tenant of the residential unit does not have to be associated with the commercial use. A single building may have more than one residential and commercial unit. This use also allows any combination of residential and commercial uses listed in this subsection.
Drive-in or drive-through restaurant means any place or premises used for sale, dispensing or serving of food, refreshments or beverages to customers who order, pay for and receive their order while in a motor vehicle. Outside seating and walk up service windows are allowed as accessory uses.
Drive-in theater means a lot with facilities for showing motion pictures to customers seated in automobiles.
Drive-through facility (non-restaurant) means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction.
Driving range means a golf practice facility consisting of an area approximately 100 yards wide by 300 yards in length with artificial mats or grass tees. Ancillary uses may include the following: practice bunkers, practice putting greens, sales office and/or golf pro shop, coin-operated vending machines and a snack bar.
Drugstore means an establishment engaged in the retail sale of prescription medicines, cosmetics, toiletries, novelty items, food and alcoholic beverages.
Electronic cigarette/vaporizer store means a business establishment for which more than 50 percent of the floor area is dedicated to the storage, mixing, display, on-site consumption, and/or retail sale of electronic cigarette devices, nicotine-enriched solutions, and/or liquid products that are manufactured for use with e-cigarettes.
Electronics store means an establishment engaged in the retail sale of radios, television sets, record players, stereo equipment, sound reproducing equipment, and other consumer audio and video electronic equipment. These establishments also sell appliances, computers, software, musical instruments, records and prerecorded tapes. These establishments may also do installation and minor repair work.
Emergency shelter means a facility providing temporary housing for one or more individuals who are otherwise homeless. An example of this type of facility is the Salvation Army.
Equipment rental and leasing means an establishment engaged in renting or leasing equipment, as well as selling supplies.
Family day care home has the meaning given in F.S. §§ 402.302, as contained therein or subsequently modified.
Farm means land used for growing agricultural products and/or raising of livestock, including related structures and activities. The term "farm" shall exclude the raising of swine or other livestock fed from garbage.
Farm, horse means land used for raising, breeding, training and selling of horses, including related structures and activities.
Farmers' market means a permanent activity held within a building, structure or open area where groups of individual sellers offer goods such as vegetables, fruits and seafood to the public.
Fast-food restaurant means an enclosed establishment that offers quick food service, already prepared and held for service or prepared quickly. Orders are taken at a counter and not at individual tables. These establishments may include drive-through and outside seating facilities as an accessory use to the enclosed restaurant.
Financial institution means an institution engaged in deposit banking or closely related functions. Financial institutions shall include banks, savings institutions and credit unions. A financial institution may include the main office, branch facilities and a drive-through facility.
Flea market means an occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.
Fraternity or sorority house means a building in which sleeping rooms are provided for occupancy by, and maintained as a place of residence exclusively for students affiliated with an academic college or university seeking an associates, bachelors or higher education degree, with or without meals, when approved and regulated by such institution. A fraternity or sorority house may include living quarters containing independent cooking facilities designed for the resident manager only. This category shall not include a building defined as a transitional/recovery facility (including a halfway house), community work release facility, rooming/boarding house or community residential home.
Full-service station (also known as a filling station or automobile service station) means buildings or premises where the primary purpose of the operation is the supplying and dispensing at retail (or in connection with a private operation where the general public is excluded from the use of the facilities) of motor vehicle fuel and oil, but where grease, tires, batteries and automobile accessories may be supplied and dispensed at retail as a secondary purpose, as well as minor automobile repairs. This use shall not include major mechanical overhauling or paint and body work.
Funeral home and/or crematory means a building or portion of a building occupied by an establishment engaged in preparing the dead for burial, conducting funerals and/or cremating the dead, and may include emergency ambulance service.
Furniture store means an establishment engaged in the sale of household furniture. These stores may also sell home furnishings, major appliances and floor coverings.
Garden and nursery sales means an establishment engaged in selling trees, plants, seeds, mulches, soil conditioners, fertilizers, sod, garden tools and other garden and nursery related materials and supplies. These establishments sell products purchased from nursery farms, but may sell some plants, which they grow on-site. Garden and nursery sales shall not be considered a nursery farm or a building materials sales establishment.
General business service means an establishment engaged in rendering services other than administrative, professional or clerical operations to business establishments on a contract or fee basis. These services include products that are displayed, sold, rented, leased, repaired and delivered.
Golf course means an establishment engaged in the operation of golf courses and country clubs.
Grocery store means a store, commonly known as a supermarket, engaged in the sale of canned foods, fresh foods and dry goods, such as tea, coffee, spices, sugar, flour, fresh fruits, vegetables, meats, fish and poultry.
Hairstyling shop means an establishment engaged in furnishing hairstyling and related services to both male and female clients. These establishments are commonly known as barbershops and beauty shops. Related services may include manicure, pedicure, facial, hair removal or massage therapy services administered by a state licensed professional.
Hardware store means an establishment engaged in the retail sale of basic hardware products, such as tools, paint and glass, housewares and cutlery.
Hazardous waste, bulk storage means the storage of materials, in amounts greater than that exempted by the Florida Building Code, which are liable to burn with extreme rapidity or from which poisonous fumes or explosions are to be feared in case of fire.
Home decorating store means an establishment engaged in the sale of draperies, curtains, upholstery and floor coverings. This establishment may also do installation work outside the store for its customers.
Home garden/hobby farm equipment sales means an establishment engaged in the sales or rental of home garden/hobby farm equipment and may include the sale of merchandise such as garden/lawn/farm supplies, apparel, automotive products, tools/hardware, sporting goods, toys, housewares and specialty items. "Home garden/hobby farm equipment" means equipment typically used for home gardening or hobby farm purposes including tractors under 50 horsepower and implements or equipment that would be attached to such tractors for home gardening or hobby purposes, but does not include construction/farm equipment sales, horse trailers, trucks or other vehicles designed for use on public roads unless otherwise permitted in this chapter. This use allows minor assembly, cleaning and maintenance of home garden/hobby farm equipment.
Home occupation has the meaning set forth in article IX, division 4 of this chapter.
Horse racing, including track operations means promotion of racing activities, including racetrack operations, racing stables, racehorse training and the sale of horses.
Hospital means a facility where medical or surgical care is given to non-ambulatory and ambulatory patients and overnight accommodations are provided. These facilities include related activities such as laboratories, outpatient services, training facilities and emergency care services.
Hotel/convention center means a facility offering transient lodging accommodations to the general public with all rooms or suites having direct access through the inside of a building. A hotel may contain the following: restaurants, kitchen facilities, exhibition space, meeting rooms, entertainment and recreational facilities.
Industrial dry cleaning plant means an establishment engaged in: supplying: (a) laundered or dry-cleaned industrial work uniforms and related work clothing, such as protective apparel (flame and heat resistant) and clean room apparel; (b) laundered mats and rugs; (c) dust control items, such as treated mops, rugs, mats, dust tool covers, and cloths. Laundered wiping items may belong to the industrial launderer and be supplied to users on a rental basis, or they may be a customer's own goods.
Kennel means any place or premises where three or more dogs over six weeks of age are kept for pay or for sale.
Laundry and dry cleaning pickup establishment means an establishment designed for the convenient and efficient pickup and/or drop-off of laundry or dry cleaning by the customer. No actual laundry or dry cleaning service or work is performed on the premises except for the collecting and distributing activities, as well as pressing or finishing work.
Laundry and dry cleaning service means an establishment engaged in the commercial operation of a laundry and dry cleaning service. A laundry and dry cleaning service includes delivery and pickup service.
Library means an institution providing library services, such as the circulation of books and other materials for reading, study and reference.
Life Skills Center means a facility that provides regular educational, developmental and social activities for adults progressing from exceptional student education (ESE) programs in a campus like setting that may include classroom space, recreational facilities and housing.
Liquor store, package means an establishment engaged in the sale of packaged alcoholic beverages, such as beer, wine and liquor for consumption off the premises.
Low impact manufacturing means a use involving the assembly of component parts of manufactured products. This use shall include no industrial processing from raw materials or any point sources of pollution. All activities shall be compatible with the surrounding uses.
Maintenance and cleaning service means an establishment engaged in furnishing building, cleaning and maintenance services such as window cleaning, janitorial service, floor waxing and office cleaning.
Major household repair establishment means an establishment engaged in the repair of furniture, office equipment, yard equipment and home appliances.
Manufactured mobile home sales means establishments engaged in the retail sale of new and used manufactured and mobile homes. These establishments also sell related items for the manufactured and mobile homes.
Manufacturing, heavy means a use involving the basic processing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Manufacturing, light means a use involving the manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
Medical and dental office means a building or portion of a building wherein general or specialized medical and dental services are offered by licensed practitioners. This definition includes an establishment operating as a clinic for a physician or dentist.
Medical cannabis retail establishment means any establishment that distributes or sells cannabis to third parties including, without limitation:
(1)
A "dispensing organization" as defined in the F.S. 381.986, (2016) (the "Act") and which (1) has been approved by the Florida Department of Health to dispense "low-THC cannabis" (as defined in the Act) or "medical cannabis" (as defined in the Act) pursuant to the Act and regulations adopted pursuant to the Act, and (2) which is dispensing such low-THC cannabis or medical cannabis to a "qualified patient" (as defined in the Act). If the Act is amended subsequent to the effective date of the ordinance adopting this section, the definition set forth herein shall not apply to any establishment that no longer complies with the definition of such use on such effective date, and such use shall not be a permitted use under this code; or
(2)
An establishment that sells or distributes marijuana (as defined below) for medical purposes under the laws or regulations hereafter promulgated under the amendment to the Florida Constitution (the "Amendment 2") approved by Florida voters on November 8, 2016 concerning medical use of marijuana (as defined in Amendment 2).
Medical laboratory means an establishment engaged in providing professional analytic or diagnostic services to the medical profession or general/specialized medical services that are offered by licensed practitioners.
Microbrewery/microdistillery means a small-scale manufacturing establishment that produces no more than 15,000 barrels (465,000 gallons) of alcoholic beverages per year, and that includes a retail/service component, including sale and consumption of the products produced on-site, that comprises at least 25 percent of the building's gross floor area utilized by the business.
Miniature golf means a golf course consisting of a minimum of 18 miniature golf holes consisting of artificial turf and related entertainment and visual effects. All golf holes shall be approximately 25 to 30 feet long. Ancillary uses may include the following: a sales office and/or shop, coin-operated vending machines and a snack bar.
Mini-warehouse (self-service storage facility) means a building consisting of individual small, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies.
Minor household repair establishment means an establishment engaged in minor repairs of household and personal items such as television sets, radios, jewelry, clocks and shoes.
Mobile home means a detached single-family dwelling unit with all the following characteristics:
(1)
Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
(2)
Manifestly designed for transportation after fabrication on streets or highways on its own wheels; and
(3)
Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of jacks or other temporary or permanent foundations, connection to utilities, and the like. A travel trailer is not to be considered as a mobile home.
Model manufactured home center means premises or a portion of premises designed to display a maximum of six new model manufactured homes per acre with a total aggregate not to exceed 18. Orders will be taken on-site so duplicate or custom-made manufactured homes can be fabricated at a manufacturing facility. Each model manufactured home shall include landscaping, skirting and a furnished interior.
Motel means a building or part thereof in which sleeping and/or living accommodations are offered to the public primarily on a short-term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.
Motion picture theaters (except drive-in) means commercially operated theaters engaged in the indoor exhibition of motion pictures.
Multifamily dwelling means a building containing three or more dwelling units.
Multipurpose facility means a facility that consists of a large flat floor space with oval-shaped portable and permanent seating for such events as sporting and entertainment events, conventions and trade shows.
Museum/art gallery means an establishment engaged in the nonprofit or profit operation of museums and art galleries.
Neighborhood storage center means a building or part of thereof consisting of individual or common storage spaces that are owned, leased or rented for varying periods of time that serves nearby residential and non-residential uses. Based on the type of neighborhood storage center a portion of the development must include retail, service or office uses that are compatible with the surrounding area. All storage items shall be located indoors and is intended for items associated with household and business goods.
Neighborhood wellness center means a building or a portion of a building that provides to neighborhood residents basic health care services/screenings specializing in preventing illnesses and prolonging life. A neighborhood wellness center shall not include the type of outpatient procedures or concentrate care/testing that occurs in a medical office or clinic.
Newspaper printing facility means an establishment primarily engaged in printing newspapers. Establishments in this industry do not manufacture the stock that they print but may perform post-printing activities, such as folding, cutting, or laminating the materials they print, and mailing.
Nursery farm means an establishment having as the principal purpose of business the production of horticultural products for the purpose of nonretail sales in bulk quantities to persons who intend resale of the products so bought. Horticultural nursery farms do not include horticultural nursery sales.
Open pavilion engagement center means a structure (with or without a continuous wall on at least one side but containing a roof) that includes a waiting/gathering/resting area where services are provided during operation hours to homeless individuals or families. The center may include an enclosed office for staff with a meeting area, open space area outside the structure. shower/bath facilities and laundry facilities. The center shall not include kitchen facilities on-site, but food may be provided during the hours of operation.
Packing and crating means an establishment engaged in packing, crating and otherwise preparing goods for shipping.
Park/open space area means a tract of land within the city which is kept for recreation and which is maintained as public property.
Parking garage (or structure) means a commercial multi-level structure for the parking of motor vehicles.
Parking lot means a facility used in providing commercial parking facilities on open air lots.
Pawn shop means a business that lends money at high interest rates in exchange for collateral such as jewelry, electronic items, or anything else that is judged to have a resale value. The pawn shop keeps the collateral, and if the loan is repaid, the item is returned. If the money is not repaid, the item is sold and the pawn shop keeps the proceeds.
Pest control service means an establishment engaged in disinfecting dwellings and other buildings, and in termite, insect, rodent and other pest control, generally in dwellings or other buildings.
Pharmacy means an establishment either:
(1)
Engaged in the retail sale of prescription drugs and nonprescription medicines pursuant to F.S. ch. 465; or
(2)
That is both: (a) licensed, at all times, as a "medical marijuana treatment center" pursuant to F.S. § 381.986, (2017); and (b) operated in accordance with all provisions of such statute and all other statutes or regulations governing the medical dispensation of marijuana pursuant to Florida law. By way of example and not limitation, as the requirements of this subsection are cumulative, any establishment that may have been licensed as a medical marijuana treatment center but is not operated in accordance with Florida law, shall no longer constitute a pharmacy, and hence is no longer a permitted use in zoning districts where pharmacies are permitted.
Photocopying and duplicating services means establishments engaged in reproducing text, drawings, plans, maps or other copy, by blueprinting, photocopying, mimeographing or other methods of duplication other than printing or microfilming.
Photofinishing laboratory means an establishment engaged in developing film and in making photographic prints and enlargements for the trade or for the general public.
Physical fitness center means an establishment engaged in operating health clubs, spas and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included are establishments providing aerobic dance and exercise classes. Such facility includes uses such as game courts, exercise equipment, locker rooms, Jacuzzis and/or saunas, tanning facilities and pro shops.
Playground equipment sales, outdoor means the display and sale of completely assembled and finished playground equipment sets on a continuous basis outside of a completely enclosed building.
Prepackaged software services means an establishment engaged in the design, development and training of prepackaged computer software.
Print shop means a retail establishment that provides duplicating services using photocopy, blueprint and offset printing equipment, including collating of reports.
Private club means those associations of a fraternal or social character not operated or maintained for profit. The term shall not include casinos, nightclubs, bottle clubs or other institutions otherwise operated as a business.
Professional and business office means a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. It is characteristic of a professional or business office that retail or wholesale goods are not displayed or delivered from the premises. A professional and business office includes but is not limited to insurance companies, travel and employment agencies, stockbrokers, architects, engineers, attorneys, accountants, real estate agencies, advertising agencies, finance companies and title agencies.
Public transportation terminal means premises, or a portion of premises, occupied by an establishment engaged in providing public use passenger transportation by railway, highway or water, normally for a fee or charge. Public transportation terminals may include maintenance facilities and/or freight transportation, provided such maintenance facilities and/or freight transportation is incidental and accessory to the principal public use of passenger transportation services.
Radio/TV broadcasting facility means an establishment engaged in broadcasting audio and visual programs to the public, as well as the location of transmitters on the property.
RBH retail and services uses refers to permitted uses for the RBH-3 district in article V, division 8 of this chapter.
Recreation facility, indoor means a building used for recreation activities such as basketball, volleyball, soccer, gymnastics and community events.
Recreational vehicle sales means an establishment engaged in the retail sale of new and used motor homes, recreational trailers and campers.
Recycling center means a building in which used material is separated prior to shipment to others who will use those materials to manufacture new products.
Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public or quasipublic areas, such as churches and schools.
Recycling plant means a facility that is not a junkyard or an automobile wrecking yard and in which recoverable resources, such as newspapers, magazines, books and other paper products, glass, metal products, plastic products, automobile parts and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.
Repair garage means a building, or portion thereof, other than a private garage or service station, designed or used for repairing, equipping or servicing of motor vehicles, including both minor and major mechanical overhauling, and paint and body work. The definition for a repair garage may also include an establishment contracting with other businesses to maintain (wash, wax, polish, detail and tint) a fleet of vehicles.
Research and testing laboratory means premises, or a portion of premises, occupied by an establishment engaged in research and testing on a commercial basis, normally on a contract basis for a fee or charge, or nonprofit organization primarily engaged in research and the dissemination of information for public health or welfare.
Residence-gallery means a single structure that houses both an antique or art gallery and a residential unit used by the proprietor of that gallery. No more than one employee not living on the premises shall be allowed and no more than 20 percent of the total square footage of the residence shall be allowed for use as a gallery. Parking and signage requirements shall be governed by article IX, division 4 of this chapter.
Residence-office means a single structure that houses an office and a residential unit used by the proprietor of that office. No more than one employee not living on the premises shall be allowed and no more than 20 percent of the total square footage of the residence shall be allowed for use as an office. Parking and signage requirements shall be governed by article IX, division 4 of this chapter.
Restaurant (enclosed) means a building or room, not operated as a dining room with a hotel, where food is prepared and served for pay for consumption on the premises, or for takeout in an enclosed container. A dining room in connection with a hotel is an accessory use. A restaurant is not considered a fast food restaurant or drive-in/through restaurant or refreshment stand.
Roadside fruit and vegetable sales means premises, or a portion of premises, occupied by an establishment engaged in the selling of fruit and vegetables displayed outdoors directly to consumers on the premises and not for resale.
Rooming/boarding house means a building, or portion thereof, having at most one kitchen and used for the purpose of providing meals or lodging, for pay or compensation of any kind to more than two people, other than members of the family occupying such a dwelling. This category shall not include a building defined as a transitional recovery facility (including a halfway house), community work release facility, fraternity or sorority house or community residential home.
Schools, public and private means elementary and secondary schools furnishing academic courses, ordinarily for kindergarten through grade 12. This includes only school-related buildings and grounds. A facility offering only pre-kindergarten and kindergarten education is considered a day care facility.
Security systems service means an establishment engaged in monitoring and maintaining security systems devices, such as burglar and fire alarms. These establishments may also sell or install the security systems which they monitor and maintain.
Self-service station/convenience store means an establishment where motor fuel is pumped into a motor vehicle by a person other than the service station personnel, and may include a retail establishment offering for sale food products prepackaged or prepared when ordered, household items and other goods commonly associated with a grocery store.
Shooting ranges, indoor means an indoor (enclosed by walls and ceiling) target range for practice or competition, which includes one or more firing lane. The instruments that are utilized include, but are not limited to archery equipment, pistols, rifles and shotguns.
Sidewalk cafe means an area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking and pedestrian circulation.
Single-family dwelling means a building containing only one dwelling unit.
Single-family (attached) dwelling unit means a building designed for and occupied exclusively by one family which is attached to one or more single-family dwellings along a property boundary.
Specialty retail store.
Apparel and accessory store means an establishment engaged in the sale of apparel and accessory items, such as uniforms, raincoats, sports apparel and umbrellas.
Bookstore means an establishment engaged in the sale of new and used books and magazines.
Camera and photographic supply store means an establishment engaged in the sale of cameras, film, and other photographic supplies and equipment, as well as developing film.
Florist means an establishment engaged in the sale of cut flowers and plants.
Food store means an establishment specializing in the sale of foods such as dairy products, candy, health food, coffee, tea, meats, seafood, fruits and vegetables.
Gift, novelty and souvenir shop means an establishment engaged in the sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, holiday decorations and art supplies.
Hobby, toy and game shop means an establishment engaged in the sale of toys, games, and hobby and craft kits and supplies.
Jewelry store means an establishment engaged in the sale of any combination of lines of jewelry, such as rings, bracelets, broaches and watches.
Miscellaneous retail store means an establishment engaged in the retail sale of specialized lines of merchandise, such as stamps, pets, coins and optical items.
Music store means an establishment engaged in the sale of records and prerecorded audiotapes and videotapes and disks.
Shoe store means an establishment engaged in the sale of footwear, including athletic footwear. These establishments also stock accessory items, such as hosiery, gloves and handbags.
Sporting goods store means an establishment engaged in the sale of sporting goods, sporting equipment, and bicycles, bicycle parts and accessories.
Stationery store means an establishment engaged in the sale of stationery, such as paper and paper products, postcards and paper novelties. These establishments may also sell additional lines of office type supplies, such as accounting and legal forms, handbooks, and office forms and supplies.
Speech and language center/school means an establishment associated with a hospital or public or private school that provides speech and language rehabilitation services in a classroom setting to communicatively disabled children and adults. In addition, the establishment may also provide accessory services in the form of outpatient treatment of children and adults recovering from a stroke, head trauma or other injury and disease processes that affect speech and learning functions.
Stable means a building where animals are kept for hire, sale, boarding, riding or show.
Swimming pool sales means an establishment engaged in the retail sale of swimming pools, spas, hot tubs, swimming pool chemicals and accessories. This category includes aboveground swimming pools, spas and hot tubs and in-ground swimming pools, spas and hot tubs.
Swimming pool sales (outdoor sales) means an establishment engaged in the retail sale of swimming pools, spas, hot tubs, swimming pool chemicals and accessories in which some or all of the swimming pools, spas or hot tubs are displayed in an outdoor display area or outdoor display and sales area.
Tattoo or body piercing establishment means an establishment at which:
(1)
The skin of a human body is marked:
a.
By piercing in or otherwise applying coloring matter so as to form indelible or lasting marks or figures; or
b.
By the production of scars; or
(2)
The human body is penetrated, or a hole is made in the human body, to place jewelry or other objects for non-medical purposes. Provided, an establishment at which a mechanized, presterilized ear-piercing system is used to penetrate the outer perimeter or lobe of the ear or both is not a body piercing establishment.
Temporary commercial amusement means a transient activity which does not require the construction of a permanent structure or involve the use of any premises for an extended period of time and which is provided by an establishment engaged in the commercial operation of such activity for a profit, fee, admission charge or other similar means of compensation. Temporary commercial amusements include circuses, carnivals, rodeos and similar promotional enterprises of a transient nature.
Tourist camp or park means a plot of ground upon which three or more single-family camp cottages or tents are located and maintained for the accommodation of transients, whether or not a charge is made.
Transitional/recovery facility means: (1) a facility providing lodging for persons progressing from treatment or incarceration for alcoholism, drug addiction, criminal conduct, delinquency, mental or emotional illness or similar conditions, with the intention of returning its residents to normal participation in community life; or (2) a building that provides housing and a living environment for persons who have demonstrated a tendency towards alcoholism, drug abuse, anti-social or criminal conduct, and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse (commonly referred to as a "halfway house"). This category shall not include a facility or dwelling defined as an assisted living facility, hospital, medical/dental office, community work release facility, fraternity or sorority house, or community residential home.
Truck/freight terminal means a building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trucks are parked or stored.
Truck rental and sales means an establishment engaged in the short-term or extended-term rental of trucks and semi-trailers or in the sale of trucks and semi-trailers. This category may also include the rental or sale of horse trailers.
Two-family dwelling means a building containing only two dwelling units.
Used merchandise store means an establishment engaged in the sale of used merchandise, antiques and secondhand goods such as clothing and shoes, furniture, books, office furniture, records, and store fixtures and equipment.
Veterinarian office means an establishment in which animals are provided veterinarian services by a trained veterinarian. A veterinarian office may include grooming and boarding facilities.
Videotape store means an establishment engaged in renting recorded videotapes and disks to the general public for personal or household use.
Vocational professional school means an establishment engaged in furnishing non-academic instruction and trade courses.
Warehouse means a building used for the storage of goods and materials.
Wholesale and distribution means a use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.
(Code 1985, § 7-603; Ord. No. 2275, § 2, 5-5-92; Ord. No. 2309, § 1, 10-6-92; Ord. No. 2317, § 1, 11-17-92; Ord. No. 2344, § 1, 1-5-93; Ord. No. 2401, § 2, 9-7-93; Ord. No. 2402, § 1, 9-7-93; Ord. No. 2403, § 1, 9-7-93; Ord. No. 2428, § 1, 12-7-93; Ord. No. 2513, § 2, 3-21-95; Ord. No. 2522, § 1, 6-6-95; Ord. No. 2547, § 2, 8-15-95; Ord. No. 2608, § 2, 6-11-96; Ord. No. 2659, § 1, 10-22-96; Ord. No. 2730, § 1, 6-3-97; Ord. No. 2751, § 4, 8-19-97; Ord. No. 2801, § 1, 12-9-97; Ord. No. 2872, § 1, 8-11-98; Ord. No. 2911, § 1, 12-9-98; Ord. No. 2959, § 1, 6-15-99; Ord. No. 2960, § 1, 6-15-99; Ord. No. 3048, § 1, 4-18-00; Ord. No. 4066, § 1, 7-24-01; Ord. No. 4073, §§ 4, 5, 8-21-01; Ord. No. 4077, § 1, 8-21-01; Ord. No. 5003, § 1, 11-27-01; Ord. No. 5010, § 1, 12-11-01; Ord. No. 5043, §§ 2, 3, 4-9-02; Ord. No. 5125, §§ 1, 2, 1-20-03; Ord. No. 5179, §§ 1, 2, 7-8-03; Ord. No. 5217, § 1, 2-17-04; Ord. No. 5299, § 1, 6-8-04; Ord. No. 5406, § 2, 7-12-05; Ord. No. 5419, § 2, 8-3-05; Ord. No. 5540, § 1, 6-27-06; Ord. No. 5550, §§ 1, 2, 8-8-06; Ord. No. 5689, § 1, 6-19-07; Ord. No. 5825, § 1, 2-19-08; Ord. No. 5846, § 1, 4-25-08; Ord. No. 5870, § 1, 7-22-08; Ord. No. 5871, § 1, 7-22-08; Ord. No. 5872, § 1, 7-22-08; Ord. No. 2010-29, § 1, 2-16-10; Ord. No. 2011-73, § 1, 8-16-11; Ord. No. 2012-43, §§ 1, 2, 8-21-12; Ord. No. 2013-9, § 1, 1-22-13; Ord. No. 2013-10, § 3, 1-22-13; Ord. No. 2013-80, § 1, 9-17-13; Ord. No. 2014-35, § 1, 6-17-14; Ord. No. 2015-8, § 1, 1-6-15; Ord. No. 2015-51, § 1, 7-21-15; Ord. No. 2016-18, § 1, 2-16-16; Ord. No. 2016-37, § 1, 6-21-16; Ord. No. 2017-15, § 2, 12-20-16; Ord. No. 2017-33, § 1, 3-7-17; Ord. No. 2017-49, § 1, 5-16-17; Ord. No. 2017-59, § 2, 7-18-17; Ord. No. 2018-1, § 1, 10-17-17; Ord. No. 2018-16, § 1, 11-21-17; Ord. No. 2018-17, § 1, 11-21-17; Ord. No. 2018-42, §§ 17—19, 9-25-18)