For the purpose of this Part 1, certain terms or words used
herein shall be interpreted or defined as follows:
A.Â
The singular includes the plural.
B.Â
The word "lot" includes the word "plot" or "parcel."
C.Â
The term "shall" is always mandatory.
D.Â
The term "may" is permissive.
E.Â
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to or used or occupied."
As used in this Part 1, the following terms shall have the meanings
indicated:
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building. In buildings restricted to residence use, the customary
family activities not conducted for compensation shall be deemed "accessory
uses." "Accessory uses" shall comply with all pollution performance
standards of this Part 1.
Any building or buildings, residence, private home, boarding
home, home for the aged, or other place, whether operated for profit
or not, which undertakes housing, food service and one or more personal
services for four or more adults, not related to the owner or operator
by blood or marriage, who require such services. A facility offering
personal services for fewer than four adults shall be within the meaning
of this definition if it formally or informally advertises to or solicits
the public for residents or referrals and holds itself out to the
public to be an establishment which regularly provides such services.
The number of beds permitted in an "adult congregate living facility"
shall be twice the number of units permitted on any parcel. For the
purposes of this Part 1, the term "personal services" shall include,
but not be limited to, such services as: individual assistance with
or supervision of essential activities of daily living, such as eating,
bathing, grooming, dressing and ambulating; supervision of self-administered
medication; and other similar services which the department may define.
"Personal services" shall not be construed to mean the provisions
of medical, nursing, dental or mental health services provided herein
or may be provided in any amendment hereto.[1]
All adult entertainment establishments, including bookstores
and theaters, having a significant portion (over 10%) of its stock
which has emphasis on matter depicting sexual activity or human genitals;
photographic studios which permit the use of their premises for the
purpose of photographing human genitals or sexual activities; any
bar, bottle club, dance hall, restaurant or other place of business
which features exotic dancers, strippers, male or female impersonators
or other entertainers or waiters or waitresses, that either engage
in sexual activities or display human genitals or any establishment
which uses the words "topless," "nude" or "bottomless" in its advertisements
or signs.
[Added 4-27-1993 by Ord. No. 93-08]
Any change or modification in construction or occupancy.
Off-street parking, drainage retention areas and open buffer
areas for adjacent contiguous, nonresidential uses.
[Added 9-27-1994 by Ord. No. 94-13]
Any building or portion thereof used as a multiple dwelling
for the purpose of providing three or more separate dwelling units
which may share means of egress and other essential facilities.
A request for a review of the South Pasadena Building Official's
interpretation, or the Planning and Zoning Board's interpretation
of any provision of this chapter or a request for a variance.[2]
Any dwelling in which more than two persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind which has enclosing
walls for 100% of its perimeter. The term "building" shall be construed
as if followed by the words "or part thereof." For the purpose of
this Part 1, each portion of a building separated from other portions
by a four-hour rated or greater firewall shall be considered as a
separate building as defined by the Southern Standard Building Code.[3]
[Amended 6-21-1988 by Ord. No. 88-04]
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
The maximum horizontally projected area of the building at
or above grade, exclusive of areas open and unobstructed to the sky.
The vertical distance measured from the average elevation
of the existing curbline at the front of the building to the highest
point of the roof for flat roofs and mansard roofs, to the eaves of
gable, hip or gambrel roofs, not including chimneys, antennas, elevator
shafts and mechanicals. In no event shall any habitable space be located
above the eaves.
[Amended 5-10-2005 by Ord. No. 2005-02]
The line, established by law, beyond which a building shall
not extend, except as specifically provided by law.
The line of the face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The officer or other person charged with the administration
and enforcement of this Part 1 or his duly authorized representative.
A building in which is conducted the main or principal use
of the lot on which said building is situated.[4]
The structural and spatial alteration of a residence to produce
a greater number of dwelling units than presently exists or any change
from one occupancy to another use.
The measure of permitted residential development expressed
as a maximum number of dwelling units per gross acre of land area.
[Added 3-10-2008 by Ord. No. 2008-01]
A person or his agent who undertakes the activities covered
by these regulations.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Any zone of the City for which the regulations governing
the use of buildings and premises are uniform.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
The term "dwelling" shall not be deemed to include a motel, rooming
house, tourist home, hotel, hospital, nursing home, dormitory, fraternity
or sorority house.
A detached building designed for or occupied exclusively
by one family, excluding a mobile home.
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
Apartments and condominium dwelling units shall be considered dwelling
units.
[Amended 4-27-1993 by Ord. No. 93-08]
A right-of-way granted for limited use of private property
for a public or quasi-public purpose.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any way establish.
One or more persons occupying a dwelling and living as a
single housekeeping unit, all of whom, or all but three of whom, are
related to each other by birth, adoption or marriage, as distinguished
from residents occupying a boardinghouse, group home, residential
center, rooming house, care unit, nursing home, hospital, clinic,
motel or hotel.
[Amended 4-27-1993 by Ord. No. 93-08]
The sum of the horizontal areas of the several floors of
a building measured from the exterior face of exterior walls or from
the center line of a wall separating two buildings, but not including
interior parking spaces or loading space for motor vehicles.
[Amended 9-27-1994 by Ord. No. 94-13]
The area actually occupied, not including accessory unoccupied
areas such as corridors, stairs, closets, thickness of walls, columns,
toilet room, mechanical area or other features.
The net floor area in a structure used for living, sleeping,
eating or cooking. A storage garage and utility space and similar
areas are not considered habitable space.
A measurement of the intensity of building development on
a site. A floor area ratio is the relationship between the gross floor
area on a site and the gross land area. The FAR is calculated by adding
together the gross floor areas of all buildings on the site and dividing
by the gross land area.
[Added 9-27-1994 by Ord. No. 94-13; amended 3-10-2008 by Ord. No.
2008-01]
An enclosed space for the storage of up to three motor vehicles,
provided that no business, occupation or service is conducted therein.
Any garage other than a private garage, used for the storage
and/or rental of more than three automobiles or other motor vehicles.
Gross land area for the purpose of computing density/intensity
shall be the total land area within the property boundaries of the
subject parcel, and specifically exclusive of any submerged land or
public road right-of-way.
[Added 3-10-2008 by Ord. No. 2008-01]
A business is considered a home-based business if it is located in a an area zoned for residential use, operates in whole or in part from a residential property, and meets the criteria of § 130-8B(2).
[Amended 12-14-2021 by Ord. No. 2021-10]
Any unit or group of units offered or advertised as being
available as a place for human habitation for a term of less than
one month more than three times in any consecutive twelve-month period
regardless of the form of ownership and regardless of whether the
occupant has been required to sign a written lease agreement.
[Added 3-10-2008 by Ord. No. 2008-01]
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to or prevents infiltration
by stormwater. It includes surfaces such as compacted sand, limerock
or clay, as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots and other similar surfaces.
[Added 9-27-1994 by Ord. No. 94-13]
A measure of the intensity of hard-surfaced development on
a site. An "impervious surface ratio" is the relationship between
the total impervious surface area on a site and the gross land area.
The "ISR" is calculated by dividing the square footage of area of
all impervious surfaces on the site by the square footage of the gross
land area.
[Added 9-27-1994 by Ord. No. 94-13]
Any of the following: street pavement with curbs and gutters;
sidewalks; water mains; sanitary sewers; storm drainage and storm
retention; street signs, street trees and other permanent utilities;
and improvements as required.
Consists of buildings, structures or premises where junk,
waste, discarded or salvage materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards, house wrecking and structural steel materials and
equipment yards.
Trees, shrubs, flowers, plants or any grass obtained either
by seeding or sodding, and stone gardens or other areas presenting
a permeable surface for water or rain.
A tract or parcel of land identified as a single unit.
The mean horizontal distance between the front and rear lines
of a lot.
The front boundary line of a lot bordering on the street
and, in the case of a corner lot, may include all frontages.
Includes general servicing and upkeep in a safe and attractive
condition.
An assemblage of mangrove trees which are mostly low trees
noted for a copious development of interlacing adventitious roots
above the ground and which contain one or more of the known species.
Commercial or private repair shop facilities for overhauling,
refitting and/or repainting watercraft.
Commercial, public or private facility for docking, landing
and/or storage of boats and launches including dry storage in sheds
and filling stations.
The average height of the sea at daily high tide, as established
by the United States Geodetic Survey.
The average height of the sea set by the United States Geodetic
Survey.
A structure, transported in one or more sections, which is
built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers. Mobile
homes shall require a HUD shield or a state certificate issued by
the State Department of Community Affairs.
A building or portion thereof designed for or occupied by
three or more families.
[Amended 4-27-1993 by Ord. No. 93-08]
Structures for which the "start of construction" commenced
on or after the effective date of this Part 1.
Any lot which does not conform to the minimum width, depth
and area dimensions specified for the district where such lot is situated.
Any building or land use lawfully occupied and used at the
time of passing of this Part 1 which does not conform to the regulations
contained herein.[5]
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care for hire.
The purpose for which a building, or part thereof, is used
or intended to be used.
Any portion of a lot unencumbered by either a principal or
accessory building and open to the sky.
An area outside a permitted public food service establishment or boat licensed to serve food when docked at a commercial marina that provides open air seating and is permitted in accordance with § 130-31 of the City Code.
[Added 10-12-2004 by Ord. No. 2004-08; amended 7-1-2011 by Ord. No.
2011-07]
The holder of the title in fee simple and any person, group
of persons, company, association or corporation in whose name the
tax bills on the property are submitted. It shall also mean any person
who, alone or jointly with several others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit as owner, executor, executrix, administrator, trustee or guardian
of the estate of the owner, mortgagee or vendee in possessions or
assignee of rents, lessee or other person, firm or corporation in
control of a building or their duly authorized agents. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this Part 1 to the same extent as if he were the owner.
It is his responsibility to notify the actual owner of the reported
infractions of these regulations pertaining to the property which
apply to the "owner."
An improved area used for lounging open to the sky.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
A complete and exact subdivision plan prepared for official
recording as required by statute and ordinance to identify and define
property rights, dedications and public improvements.
A swimming pool, more than 18 inches in depth, used or intended
to be used solely by the owner, operator or lessee thereof and his
family and friends invited to use it without payment of any fee.
A body of water in an artificial or semiartificial receptacle
or other container, more than 18 inches in depth, whether located
indoors or outdoors, used or intended to be used for public, semipublic
or private swimming by adults or children, or both.
Those primary and secondary uses listed under the preservation,
recreation/open space and institutional-public Comprehensive Plan
categories.
[Added 9-27-1994 by Ord. No. 94-13]
All City, county, state and federal street and alley right-of-way
lines.
Any development or development activity which requires a
building permit from the City to modify, alter or reconstruct a previously
developed site other than activities associated with constructing
fences or signs.
[Amended 4-17-1990 by Ord. No. 90-05]
A residential-like accommodation other than a dwelling unit,
including group home, congregate care, nursing home and comparable
assisted living facilities. No such use shall be required or eligible
to employ the residential equivalent standards for density/intensity
for any household that qualifies as a dwelling unit. This use shall
not include any type of use authorized by Chapter 419, Florida Statutes,
Community Residential Homes, which is entitled to be treated as a
dwelling unit.
[Added 9-27-1994 by Ord. No. 94-13]
A lot extending between and having frontage on a major traffic
street and a minor street which can have no vehicular access from
or to a major traffic street.
Lands conveyed or dedicated to the public to be used for
a street, walkway, drainage facility or other public purpose.
Any parabolic or spherical antenna which receives television
or other signals from orbiting satellites or other devices. The height
of a ground-mounted antenna shall be the total maximum to which it
is capable of being raised and shall be measured from the highest
point of the finished grade adjacent to the structure. A "satellite
antenna" shall be considered as an accessory structure when it is
not part of a public utility.
[Added 11-19-1985 by Ord. No. 85-04; amended 4-27-1993 by Ord. No.
93-08]
A four-sided nonhabitable structure not exceeding eight feet
in height from grade to eave line and not exceeding 250 square feet
of covered roof area and which is built and used expressly for the
shelter and/or enclosure of persons, animals, chattels or property
of any kind, excepting motor vehicles, and which has totally enclosing
walls on all four sides thereof.
[Amended 5-17-1988 by Ord. No. 88-02]
A structure encompassing the identical specifications, uses
and definitions as a shed, per the above definition of "shed," with
the exception that any portion of one side can remain open.
[Amended 5-17-1988 by Ord. No. 88-02]
The minimum extent of unobstructed vision (in the horizontal
plane) along a street located at any given point on the street.
A use which, because of its unique characteristics, requires
individual consideration in each case by the City Commission before
a zoning permit may be issued.
[Added 5-19-1987 by Ord. No. 87-10]
The first placement of permanent construction of a structure
on a site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading or filling, nor does it include
the installation of streets and/or walkways.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above.
Includes avenue, boulevard, parkway, court, highway, way,
drive, lane, road, terrace, causeway and expressway.
A street or highway used primarily for fast and heavy traffic
traveling considerable distances.
A street which, in addition to giving access to abutting
properties, carries traffic from minor streets to the major system
of arterial streets.
A street used primarily for access to abutting properties
and not for through traffic.
Any change in the structural members of a building such as
wall, columns, beams or girders or any addition to any structure.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner. The term "structure"
shall be construed as if followed by the words "or part thereof."
The division of land into two or more lots or parcels.
The land area situated below the mean high waterline of a
standing body of water, including ocean, estuary, lake, pond, river
and stream. For the purpose of this definition, drainage retention
areas to be created as a function of development and wetlands shall
not be considered as "submerged land."
[Added 9-27-1994 by Ord. No. 94-13]
The authorized departure from the text of this Part 1 in
direct regard to the hardship peculiar to an individual lot in accordance
with the procedures set forth in this Part 1, as distinct from rezoning.
Any public conveyance operating under a permit as a car for
hire with a minimum charge per passenger.
[Added 4-27-1993 by Ord. No. 93-08]
A fence, hedge, wall or grouping of plants which in any way
obstructs cross visibility at a level of three feet above grade within
the triangular areas described as follows and as illustrated below
[Amended 4-27-1993 by Ord. No. 93-08]
Private-to-private and private-to-public right-of-way intersections.
The areas of property on both sides of an accessway formed by the
intersection of each side of the accessway and the public or private
right-of-way line with two sides of each triangle being 10 feet in
length from the point of intersection and the third side being a line
connecting the ends of the other two sides.
 |
Public right-of-way intersections. The area of property located
at the corner formed by the intersection of two or more public rights-of-way
with two sides of a triangular area being 40 feet in length along
the abutting public right-of-way lines, measured from their point
of intersection, and the third side being a line connecting the ends
of the other two sides.
 |
A right-of-way intended primarily for pedestrians.
Includes channel, creek, ditch, drain, dry run, spring, stream
and canal, but does not include a lake, pond or pool without an outlet.
An unoccupied space open to the sky, on the same lot with
a building, buildings, structure or structures.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the "front yard" shall be measured between
the front line of the building and the street line. Covered porches,
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required "front yard."
An open occupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear lot
line or a front line shall be deemed a side line.
[1]
Editor's Note: The former definition of "apartment," which
immediately followed, was deleted 4-27-1993 by Ord. No. 93-08.
[2]
Editor's Note: The former definition of "area," which immediately
followed, was deleted 4-27-1993 by Ord. No. 93-08.
[4]
Editor's Note: The former definition of "condominium dwelling
unit," which immediately followed, was deleted 4-27-1993 by Ord. No.
93-08.
[5]
Editor's Note: The former definition of "notice," which immediately
followed, was deleted 4-27-1993 by Ord. No. 93-08.
