Editor's note— Ord. No. 99-575, § 1, adopted April 27, 1999, amended the Code by replacing the provisions of former § 114-411 in their entirety. Said section pertained to antennas. For purposes of classification and ease of indexing, the provisions intended to be § 114-411 have been codified as Art. VIII, §§ 114-551—114-559, at the discretion of the editor. See the Code Comparative Table.

(a)

No accessory building shall be constructed upon any lot until construction of the main building has commenced.

(b)

No accessory building shall be used for dwelling purposes.

(c)

Accessory buildings shall meet all setback requirements.

(Ord. No. 96-549, § 1(3.09.02), 2-16-96; Ord. No. 97-560, § 24, 4-22-97)

(a)

Buildings shall not be moved within the city limits except pursuant to a permit issued by the city in accordance with this section.

(b)

In order to be issued a permit, the applicant shall be required to show it can satisfy the following conditions:

(1)

The name of the applicant, the name of the owner of the property where the building is located (the originating property), the name of the owner of the property to which it is being moved (the receiving property), and the name of the moving contractor. The applicant shall also provide evidence that it has the approval of these persons to act on their behalf during the permitting process.

(2)

The applicant shall provide a map showing the route that the building moving will follow.

(3)

The applicant shall provide copies of the application to Florida Power and Light, Time Warner Cable Television, Verizon Telephone, Manatee County utilities, or their successors, and any other utility company, which may have utility facilities located along the route. The applicant shall be responsible for coordinating with the city and the utility companies for an inspection of the route and be responsible for any expense or charges from the utility companies, the city, or any other third party affected by the move for making the route safe for the building moving.

(4)

The applicant shall make the originating property ready and have the building disconnected from all utilities. The applicant shall prepare the receiving property for the placement of the building in conformance with the building code and any other statute or ordinance, which may apply. After removal of the building, the applicant shall remove from the originating property any remnants of the foundation, footers, plumbing stubouts and similar facilities and leave the property graded and utility lines capped.

(5)

The applicant shall provide proof of the moving contractor's general liability insurance with an endorsement naming the city as an additionally named insured. The minimal insurance necessary for the permit is $1,000,000.00. Moreover, by accepting the permit, the applicant agrees to indemnify and hold the city, its elected officials, employees, agents, appointees, and all others acting on its behalf or stead, harmless from any demands, suit, claim, cause of action, damages, or judgment, however presented or stated, arising out of or in conjunction with the applicant's building moving activities.

(6)

The city's police department shall have the authority to require police escort for public safety and traffic control. The applicant shall be responsible for any charges arising out of such event.

(c)

The building official is authorized to promulgate an application form in accordance with this section and charge a reasonable fee intended to reimburse the city for its expenses in administering this ordinance, such fee to be collected when issuing the permit.

(d)

The building official is authorized to attach reasonable conditions to the permit, including limiting hours of the day in which the moving may take place, to better insure the public health, safety and welfare.

(e)

The city commission may waive any requirement set forth herein if the applicant makes a showing that such requirement is inapplicable to the requested move or that the applicant proposes an alternative condition which provides an equivalent level of protection.

(Ord. No. 96-549, § 1(3.09.03), 2-16-96; Ord. No. 01-592, § 1, 10-11-01)

Cross reference— Buildings and building regulations, ch. 74.

(a)

Temporary buildings used in conjunction with construction work shall be permitted in any district only during the period when the building permit is active, or for work which does not require a building permit, for no more than 15 calendar days. Such temporary buildings must receive a building permit and comply with the following requirements.

(1)

Submission of a removal plan including;

a.

The name, address and phone number of the individual responsible for the removal of the temporary structure;

b.

The structure will be removed from the City of Anna Maria 72 hours before land fall of a hurricane as indicated by the National Hurricane Center.

c.

Copy of the agreement or contract with a company to ensure the timely removal of the structure.

d.

Removal prior to certificate of occupancy and restoration of site.

(2)

For human occupancy, submission of Florida DCA Insignia of Approval or plan signed sealed by a Florida licensed design professional for the building;

(3)

For human occupancy, submission of a foundation plan signed sealed by a Florida licensed design professional;

(4)

Submission of a site plan showing:

a.

Handicap accessibility and parking when for human occupancy;

b.

Set backs in conformance with zoning;

c.

Sewer and water hookup if used;

d.

Electrical service location if used.

(b)

In any residential district, trucks, tractors or other equipment, merchandise or furnishings must be stored under cover in an enclosed area, except during the time when construction work is in progress, at which time it is permitted to park or store such trucks, tractors, equipment and material as used on the job in open areas on the property.

(c)

Trailers and recreational vehicles may be used for temporary construction uses if registered with Florida Department of Motor vehicles and removed prior to issuance of a certificate of occupancy for the

(Ord. No. 96-549, § 1(3.09.04), 2-16-96; Ord. No. 06-671, § 1, 11-16-06)

Cross reference— Buildings and building regulations, ch. 74.

Use of campers, trailers, motor homes, etc., shall be regulated per chapter 58, pertaining to traffic and motor vehicles.

(Ord. No. 96-549, § 1(3.09.05), 2-16-96)

All canals and other interior waterways, pilings, docks, and boathouses or boat shelters must conform to regulations established in chapter 110, articles III and IV.

(Ord. No. 96-549, § 1(3.09.06), 2-16-96)

No livestock, fowl or domestic animals other than ordinary household pets shall be kept or maintained in any district.

(Ord. No. 96-549, § 1(3.09.07), 2-16-96)

(a)

All rental units must conform to the requirements of the division of hotels and restaurants of the state department of business and professional regulation.

(b)

All construction and plans, specifications and applications submitted to the city building official for restaurants, or subject to inspection and licensing by the division of hotels and restaurants of the state department of business and professional regulation or its successor, shall include written approval of such plans and specifications from such division before a building permit is issued.

(c)

The following regulations apply to restaurants with outdoor dining areas.

(1)

Areas for storage and preparation of food or beverages shall be wholly contained within the permanent exterior walls and under the permanent roof of the building in which the restaurant is located except that table bussing stations and beverage service stations may be located in the immediate vicinity of the outdoor dining areas.

(2)

Physical barriers, such as tables and chairs, which would either block public pedestrian rights-of-way or adversely impact public access on rights-of-way, are prohibited.

(3)

Amplified outside speakers, amplified outside entertainment, public address systems, and similar uses in restaurants are prohibited except those restaurants having such facilities on the effective date of this section shall be entitled to continue to use such facilities as non-conforming uses in accordance with the regulations governing noise, chapter 26 of this Code. Use of such amplified outside speakers, amplified outside entertainment, public address systems and similar uses is additionally limited to between the hours of 8:00 am and 10:00 pm.

(4)

All lighting of the outdoor dining area shall be shielded to insure that impacts on neighboring properties are avoided.

(5)

Outdoor dining areas adjacent to residentially zoned property must be buffered to insure compatibility between the uses and to minimize offsite impacts associated with outdoor dining.

(6)

Those restaurants with outdoor dining facilities existing on the effective date of this section may continue as they exist on the effective date of this section. Any increase in outdoor dining capacity after the effective date shall require site plan approval pursuant to chapter 74 of this Code and full compliance with this section, including those outdoor dining areas existing on the effective date of this section. Any restaurant desiring to add outdoor dining areas, but which do not have outdoor dining areas on the effective date of this section, shall be required to seek site plan approval pursuant to chapter 74 of this Code.

(Ord. No. 96-549, § 1(3.09.08), 2-16-96; Ord. No. 05-634, § 2, 3-24-05)

(a)

All mobile or manufactured home installations must meet the requirements of the Federal Emergency Management Agency Guide for Manufactured Home Installation and Flood Hazard Areas, and the State of Florida Design Criteria for the Installation of Mobile Homes and any amendments thereto. In all cases, the stricter of the application requirements shall prevail.

(b)

The anchoring foundation tiedown system is to be designed and certified by a professional engineer or licensed architect registered in the state.

(Ord. No. 96-549, § 1(3.09.09), 2-16-96)

(a)

Purpose and intent.

(1)

This section shall be known and referred to as the "City of Anna Maria Landscape and Tree Ordinance."

(2)

The purpose is to establish minimum landscaping standards and criteria to preserve and establish vegetative communities; to protect plant and wildlife habitats from adverse impacts of growth while contributing to the process of air purification, recharging groundwater, and the retarding of erosion by stormwater; to provide vegetative buffering between land uses; to promote the conservation of water by encouraging the preservation of existing and the planting of new Florida-Friendly vegetation; to promote the planting of Florida-Friendly vegetation; to promote the use of site-specific plant materials; and to establish requirements for the installation and maintenance of landscape materials. Such requirements will help delineate visual separation of land uses and provide relief from the built-up environment, while improving the value of property. The term "Florida-Friendly" in this ordinance refers to trees and shrubs listed in the Florida-Friendly Landscaping Plant Guide by the University of Florida IFUS Extension which can be found at www.ffl.ifus.ufl.edu.plants.

(b)

Applicability; exemptions.

(1)

The requirements under this section shall apply in all zoning districts to all new development, redevelopment or the expansion of existing uses where additions, improvements, or alterations to existing uses result in a total increase of all the structures on a lot or parcel in excess of 1,000 square feet of gross floor area or an increase in the non-permeable surface area of a lot or parcel in excess of 1,600 square feet within a 12-month period.

(2)

The landscaping requirements and standards under this section shall be presented in a landscape plan submitted along with every building permit application meeting the criteria of section 114-420(b)(1) and every site plan application. The city is authorized to obtain a consultant to aid in the review and installation of the landscape material with said cost of the consultant being paid by the applicant.

(3)

Installation of all landscaping required under this section shall be completed as a condition to the issuance of certificate of completion or certificate of occupancy.

(c)

Landscaping requirements for uses in the residential districts and for residential uses in ROR district, as described in subsection 114-420(b)(1).

(1)

On each platted lot or parcel, landscaping shall include at least five Florida-friendly trees with a minimum of three different tree species and at least nine Florida-friendly shrubs with a minimum of three different shrub species. Of the five Florida-friendly trees, it is recommended that at least one be a large tree (but this is not required), and three of them must be large or medium trees, and the remaining two trees can be any other Florida-friendly trees or palms.

(2)

On each platted lot or parcel, if additional plantings are installed above the minimum, then a minimum of 75 percent of the total number of trees and shrubs installed must be Florida-friendly plants.

(3)

A minimum of ten percent of the lot or parcel shall be landscaped with vegetation; provided, however, the portion of any lot or parcel that is unbuildable due to the location of dunes or beach terrain on that portion shall not be included in the calculation of the ten percent.

(d)

Landscaping requirements for uses in PRA, PSP and C-1 districts and commercial uses in ROR district, as described in subsection 114-420(b)(1).

(1)

A minimum of ten percent of the lot or parcel shall be landscaped with vegetation; provided, however, the portion of any lot or parcel that is unbuildable due to the location of dunes or beach terrain on that portion shall not be included in the calculation of the ten percent.

(2)

On each platted lot or parcel, landscaping shall include at least five Florida-friendly trees with a minimum of three different tree species and at least nine Florida-friendly shrubs with a minimum of three different shrub species. Of the five Florida-friendly trees, it is recommended that at least one be a large tree (but this is not required), and three of them must be either large or medium trees, and the remaining two trees can be any other Florida-friendly trees or palms.

(3)

On each platted lot or parcel, if additional plantings are installed above the minimum, then a minimum of 75 percent of the total number of trees and shrubs installed must be Florida-friendly plants.

(e)

Vegetation buffer requirements.

(1)

A strip of landscaping vegetation, called a "vegetation buffer" in this section, shall be required in C-1 or commercial uses in ROR where it abuts residential use in the residential districts with or without an intervening alley.

(2)

Vegetative buffers shall be at least five feet high and five feet in depth and in addition to the landscaping material the buffer shall contain a six foot solid wood fence separating the use from the residential use.

(3)

Each required vegetation buffer shall include at least one medium or large tree and five small trees or large shrubs for each 70 square feet of the required buffer area.

(4)

Each required vegetative buffer shall include at least three different tree species and six different shrub species.

(5)

Each required buffer shall be composed of a minimum of 75 percent Florida-friendly plants and trees.

(6)

Each buffer must be maintained to encourage dense opacity for screening purposes.

(f)

Installation standards for plants required in vegetation buffers for C-1 and commercial uses in ROR.

(1)

The placement of plants need not be uniform.

(2)

Medium and large trees installed in a vegetation buffer, and existing, preserved medium and large trees used to meet the requirements of this section, must be a minimum of seven feet in height. At the time of installation, nursery stock medium and large trees shall be in ten gallon or larger containers and nursery stock small trees and shrubs shall be in seven gallon or larger containers.

(3)

All required vegetation shall be protected from vehicular encroachment.

(4)

A completion of certificate or certificate of occupancy shall not be issued unless required vegetation buffers meet all the requirements.

(6)

Existing preserved Florida-friendly plants shall be counted toward meeting the requirements of this section.

(g)

Tree and shrub removal and replacement on public land including public beach access rights-of-way. Any Florida-friendly or exotic tree, with a four inches or greater caliper measurement taken at 4.5 feet above ground level that is removed from public lands within the city shall be replaced by the city with two Florida-friendly trees.. Any shrub over five feet in height that is removed from public lands within the city shall be replaced by the city with two Florida-friendly shrubs.. The replacement plants shall be located as close to the removal sites as practically possible. Replacements shall be installed within 60 days. The city shall have budgeted the funds for replacement prior to the removal of the trees and shrubs.

(h)

Grand trees. The removal, relocation, destruction of any grand tree, defined as any tree with an 8-inch caliper or greater measured at breast height, 4.5 feet above ground level excluding ficus and Australian pine trees, is prohibited unless it can be demonstrated to the satisfaction of the city commission that the location of the grand tree renders the lot or parcel as non-buildable, the grand tree is a hazard or severely diseased, or denial of the removal of the grand tree will result in an extreme hardship for the property owner, as determined by the city commission after a quasi-judicial hearing. See section 34-4 for additional regulations regarding grand trees.

(i)

Tree protection. Florida-friendly trees under this section may not be removed unless a replacement Florida-friendly tree is installed on the same lot or parcel.

(j)

Prohibited plants. Prohibited plant species, as listed and specified on the city prohibited plants list, shall not be permitted to be planted in the city. Such species are known to be of invasive exotic vegetation.

(k)

Irrigation. Any new automatic irrigation system shall include a rain sensor device.

(l)

Barriers required. During construction, protection barriers shall be placed to prevent the destruction or damaging of trees, such as an erosion control or silt fence. Trees destroyed or receiving major damage must be replaced on a two-to-one basis before a certificate of occupancy may can be issued.

(m)

Replacement of trees. In all cases where it is required that any tree be replaced, such replacement shall be made with any Florida-friendly tree with a minimum of one and one-half inches at DBH by ten-foot in height when installed. Replacement stock which does not survive shall be replaced within six months.

(Ord. No. 96-549, § 1(3.09.10), 2-16-96; Ord. No. 09-700, § 3, 4-23-09; Ord. No. 14-766, § 3, 2-27-14; Ord. No. 18-838, § 2, 6-14-18; Ord. No. 18-842, § 1, 11-8-18)

(a)

Generally. With the exception of the planting of grass or 250 filter mix, no encumbrances of any kind, such as trees, bushes, rocks, stones, plantings, pea gravel, crushed shell, etc., shall be placed or constructed on the right-of-way within eight feet of the edge of pavement without the written approval of the director of public works and a majority of the members of the city commission; provided, however, that regulatory signage pertaining to traffic control, safety structures, and public utility equipment are permitted by right within the right-of-way. The city commission is authorized to approve by resolution administratively established fees necessary for processing this section.

(b)

Pervious brick pavers system. Notwithstanding the foregoing, a permit for a pervious brick paver system within the right-of-way may be issued by the Building Department with the approval of the public works director under the following conditions:

(1)

The pavers must be constructed using pervious pavers meeting the city's design and installation standards.

(2)

Pavers in the right-of-way shall not extend beyond the border of the driveway or a maximum width of 24-feet, whichever is less.

(3)

A non-exclusive right-of-way use/maintenance agreement shall be prepared, executed and submitted to the city, obligating the owner of the property to perpetually maintain the paver improvements. The agreement shall be in recordable form and recorded in the public records of Manatee County at the owner's expense.

(c)

Business activities. No commercial business or business activity shall be conducted on the right-of-way.

(d)

Right of city to trim or remove plantings and remove pervious brick pavers systems. The city retains the right to trim or remove any plantings, or pervious brick pavers system, or other privately placed obstructions on the right-of-way if the plantings, pervious brick paving system, or other obstruction are a hazard or have the potential to be a hazard to the public using the right-of-way, or if it is appropriate (as determined by the city) that they be removed to facilitate work on any utility or for any other public purpose. Plantings, pervious brick paving systems, and any other obstructions placed within the right-of-way are there subject to the city's overriding right of control of uses within the right-of-way. The city retains the right to remove or trim any plantings, pervious brick paving systems, and any other obstructions placed within the right-of-way, and there shall be no right of reimbursement on the part of any party for loss of same.

(e)

Parking. Parking within the right-of-way shall be controlled by the city commission, and appropriate signage may be posted on the appropriate rights-of-way indicating parking regulations pertaining to the subject length of right-of-way.

(Ord. No. 96-549, § 1(3.09.11), 2-16-96; Ord. No. 05-638, § 4, 4-28-05; Ord. No. 11-719, § 13, 9-22-11; Ord. No. 20-869, § 1, 7-30-20)

(a)

All setbacks, with the exception of waterfront setbacks, will be measured from the adjacent property line or right-of-way boundary, as the case may be, to the outermost vertical plane of the closest structure which is over 12 inches in height above the existing grade. All setback measurements shall be taken on a horizontal plane.

(b)

Waterfront setbacks, on waterfront property the setback shall be measured from the mean high-water line or retaining wall, whichever is closer to the lot or parcel, and the closest building line.

(Ord. No. 96-549, § 1(3.09.12), 2-16-96; Ord. No. 11-719, § 14, 9-22-11)

(a)

Permit required. No person shall erect, move, add to or structurally alter any fence in the city without first obtaining a permit for such purposes issued by the building official. No permit is required for a repair to a fence as that term is defined under section 70-1. Fence permits will be issued only to the owner of the property, or to a licensed or bonded contractor acting as the property owner's agent. A permit fee shall be charged in accordance with city ordinance.

(b)

Plot plan. The applicant shall submit a sketch or plot plan which shows the location of all property lines, easements, rights-of-way and utility lines, all structures, and existing fences and walls. The plot plan shall also show the location of all proposed fences. When doubt exists as to the exact location of property lines, the building official shall require a survey by a licensed surveyor.

(c)

General regulations.

(1)

Location in right-of-way. No fence shall be permitted to be erected or maintained on any street right-of-way or easement, except a governmentally installed fence intended for safety or traffic control.

(2)

Prohibited fences. It shall be unlawful for any person to erect or maintain any fence made of or consisting of the following materials in the city:

a.

Barbed, razor or bare wire.

b.

Chain link, except in PSP and PRA zoning districts and when used as a temporary fence for construction site security, and except for tennis court fences as hereinafter provided.

c.

Masonry, stone, brick, block or concrete, with the exception of a retaining wall.

(3)

Electric fences. It shall be unlawful for any person to erect or maintain an electric fence or electric screen fence within the city.

(4)

Maximum height in residential zoned property including single-family residential property in the ROR zoned district. Except as otherwise provided in this section, fences located within the front yard setback, street side yard setback, front yards adjoining Gulf Front Park and waterfront setbacks shall not exceed a height of four feet above the existing ground grade prior to site alteration. Fences located within the side and rear setbacks shall not exceed a height of six feet above the existing ground grade prior to any site alteration. Pergolas, trellises, and arbors are exempt from the height limits but cannot exceed eight feet in height and eight feet in width and require a building permit and cannot be located within the visibility triangle and are limited to one on each lot or parcel. (For setbacks refer to section 114-222.)

(5)

Maximum height in commercial, residential/office/retail, conservation, public recreation, and public/semi-public zoned property. Fences located within a side and rear setbacks shall not exceed a height of six feet above the existing ground grade, except that such fence, if located within the front or waterfront setbacks shall not exceed the height of four feet above the existing ground grade. Pergolas, trellises, and arbors are exempt from the above height limits but cannot exceed eight feet in height and eight feet in width, require a building permit and cannot be located within the visibility triangle and are limited to one on each lot or parcel.

(6)

Location outside property line. No fence or poles supporting a fence shall be erected outside the property line.

(7)

Attachment to neighboring fences. No fence shall be attached to a neighboring fence, but a fence may abut a neighboring fence if such fence is on the property line.

(8)

Interference with off-street parking or public services. No fence shall be erected or maintained which blocks required off-street parking or interferes with city or public utility service. Notwithstanding the foregoing, a permit for a fence within a public utility easement may be issued by the public works director under the following conditions:

a.

Only those easements which are limited to utility uses are eligible for this permit. General purpose easements and rights-of-way or easements intended or dedicated for purposes other than utility uses are not eligible for this permit.

b.

The property owner, or the owner's authorized agent, shall submit a sketch or other drawing accurately describing the easement and the proposed location of the fence.

c.

The property owner, or the owner's authorized agent, shall contact the utility companies with facilities or rights to install facilities in the easement for the companies' approval of the proposed location. If the easement is limited in use, such as for drainage only, then only those utility companies that could have facilities in the easement need be contacted.

d.

The property owner shall execute an agreement with the city acknowledging that the use of the easement for a fence is subservient to the use for which the easement has been created, and that the fence is subject to removal by the city or by any utility company having facilities or rights to install facilities in the easement, if necessary, and that the owner does not have any right of reimbursement or other claim if the fence has to be removed. The agreement shall be in recordable form and recorded in the public records of Manatee County at the owner's expense.

e.

The city is authorized to charge a reasonable permit fee for the processing and issuance of the permit.

(9)

Temporary fences. Temporary fences are permitted after review and approval of all required applications by the building official. All provisions and regulations governing the erection, maintenance, height, location and relocation of fences shall govern temporary fences. A temporary fence permit shall not exceed the expiration date as stated on the permit application and the permit. For cause, one or more extensions of time may be granted by the building official. The building official is authorized to extend the use of a temporary fence for three months after review of a resubmittal of an application for a temporary fence. A temporary fence shall not be permitted for a period of time longer than two years.

(10)

Fences between residential and commercial property. Where residential property is adjacent to commercial property, the building official shall grant to the owner of such residential property permission to erect and maintain a fence not to exceed a height of six feet above the existing ground grade. This fence shall be located only within the required rear or side yard area.

(11)

Swimming pool enclosures. Swimming pools, if located within the building area and if not within a screened cage, shall be enclosed on all open sides by a fence of a minimum of four feet above the existing ground grade and a maximum of six feet above the existing ground grade. Pools located within the required yard area shall be enclosed on all open sides by a fence of a height of four feet above the existing ground grade. All pool fences must have gates with safety locks.

(12)

Tennis court enclosures. Tennis courts shall be enclosed on all open sides by an open chain link fence, ten feet above the existing ground grade.

(d)

Nonconforming fences.

(1)

Intent. It is the intent of this subsection to encourage the eventual elimination, as expeditiously as is reasonable, of existing fences that are not in conformity with the provisions of this chapter.

(2)

Continuance. A nonconforming fence may be continued, provided that it has not been determined detrimental to the public health, safety and welfare. It shall then be maintained in good condition, but it shall not be:

a.

Enlarged or changed to any other nonconforming structure.

b.

Structurally altered so as to prolong the life of the fence.

c.

Re-erected if removed.

d.

Re-erected after damage or destruction if the estimated expense of re-erection exceeds 50 percent of the appraised replacement cost.

(3)

Determination by building official. It shall be the duty of the building official to determine whether or not a nonconforming fence is in the interest of public health, safety and welfare.

(e)

Maintenance.

(1)

Any person, group of persons, firm or corporation owning or having control of any fence within the city shall be responsible to maintain the fence in a safe and presentable condition and in compliance with the requirements of this article. This shall include, but not be limited to, replacement of broken or defective boards, posts or other fence parts that may cause the fence to be unsafe or unsightly, and the correction of any visible and/or unsafe lean in the fence. Failure to properly maintain such fence as required under this section shall be considered a violation of this article.

(2)

All fences, including without limitation, fences existing on the effective date of this ordinance, are subject to inspection and may be tagged as safety hazards or public nuisance if not adequately maintained.

(Ord. No. 96-549, § 1(3.09.13), 2-16-96; Ord. No. 97-560, § 25, 4-22-97; Ord. No. 06-652, § 1, 1-26-06; Ord. No. 06-662, § 1, 10-19-06; Ord. No. 11-719, § 15, 9-22-11; Ord. No. 12-732, § 6, 1-26-12; Ord. No. 20-870 , § 2, 9-24-20)

Cross reference— Buildings and building regulations, ch. 74; nonconformities generally, § 114-131 et seq.

All permanent dumpsters must be screened from view on four sides with hedges, walls or fences. Temporary dumpsters are those located for a consecutive period of no longer than 15 days and are not required to be screened.

(Ord. No. 96-549, § 1(3.09.14), 2-16-96)

Dumping of discarded trash or trimmings is prohibited in all zoning districts, waterways, drainage swales, bays, canals, and private and public property.

(Ord. No. 96-549, § 1(3.09.15), 2-16-96)

Cross reference— Subdivisions, ch. 106.

In the case of all lands within the city which are subsequently divided into lots, either platted, replatted or unplatted, and described by metes and bounds:

(1)

The lots shall meet minimum size and frontage requirements of the zoning districts in which they are located.

(2)

If the lot fronts on a cul-de-sac at the end of a dead-end street, then the cul-de-sac must have a semicircular radius of at least 50 feet outside radius centered on the middle of the approaching street, and lot width facing the cul-de-sac must be not less than 26 feet, the average width of the lot must be at least 75 feet, and the total area must be at least 7,500 square feet. Lot widths will be computed on the average length of two straight lines reaching from one side to the other of concentric arcs, based on the center of the cul-de-sac, which intersect opposite sides of the lot, and one arc shall be drawn at the extreme front of the lot and the other at the extreme rear.

(3)

It is intended that these requirements will apply to lands which are platted or replatted after January 1, 2007.

(4)

All lands, including accreted lands involved in this section, shall be zoned in accordance with the zoning classification established on the official zoning map.

(Ord. No. 06-662, § 9, 3-22-07)

Editor's note— Section 10 of Ord. No. 06-662, adopted March 22, 2007, deleted § 114-427, which pertained to lot splits and derived from Ord. No. 96-54, adopted Feb. 16, 1996.

(a)

Special events permitted. Special events may be permitted within the City of Anna Maria, Florida, subject to the standards established herein.

(b)

Definition.

(1)

Special events are defined as a land use or activity, of a specifically limited time and purpose, having higher impacts on adjacent areas and public services than would be reasonably expected from a permitted land use or activity, and not otherwise governed by the general zoning district regulations of this section.

(2)

Special events may include, but are not limited to, indoor and outdoor arts and crafts shows; bazaars; carnivals; sports events; commercial and sales activities; sidewalk sales; flea markets; rummage sales; holiday events; Christmas tree sales; plant sales; grand openings; festivals; fairs; auctions; breakfasts; beach weddings and beach wedding receptions, weddings and wedding receptions with 15 or more attendees and similar events; charitable and other fundraising events; and parades. A special events permit is required for a wedding and wedding reception of any size where there is amplified sound, furniture, tents or chairs with the only exception being for an arbor and chairs used for the infirmed or handicapped. Weddings at the home of family of the bride or groom may be processed as an administrative special events. Garage sales shall not be deemed as a special event in residential districts unless they involve three or more contiguous dwelling units or if they are held more often than four days within any 14-day period at any one dwelling unit. After the fourth day, no less than 90 days must pass before further garage sales may be held at a site without a special event permit.

(c)

Procedure. Special events may be specifically permitted in any zoning district, upon approval of a required application. Prior to a special event permit being issued, an application must be completed and submitted to the city under the following procedure:

(1)

A pre-application conference with the city is required.

(2)

The applicant must complete and submit an application on forms provided by the city. The city commission may set a reasonable application fee schedule by resolution from time to time.

(3)

The application shall include, at a minimum, the following information:

a.

Name of the applicant and location of site. If the applicant is not the owner of the property upon which the special event will take place, an authorization form appointing the applicant as the landowner's representative, signed and notarized by the landowner, shall be submitted. If the special event is to take place upon property owned or controlled by the city, permission to use city property may be sought in conjunction with the city approval of the permit pursuant to paragraph (d)(4), below. The applicant shall supply the city with tax exemption exempt status as part of the application process.

b.

Site plan or other graphic representation of special event. The site plan need not be professionally drawn, but shall instead be required to show with reasonable accuracy the layout of the property where the special event will be located, or if a parade or other similar use, the parade route. This site plan shall include a traffic flow plan, parking, location of major components of the use, such as bandstands, food booths, restroom facilities, dumpster locations, and any other information reasonably necessary for the reviewing agencies to assess the special event or activity. All food booth venders shall be licensed by the Manatee County and/or the State of Florida. The site plan shall also demonstrate compliance with the U.S. Americans with Disabilities Act regarding accessible facilities (one handicapped accessible port-o-let must be available when unisex port-o-lets are provided).

c.

Description of the special event. A description of the special event, including purpose, size of expected crowds, hours of operation, required governmental services and dates of the special event or activity. If alcohol is to be served, the provisions of subsection (f) shall apply to the event. The city may allow items to be thrown by parade participants provided written description of the item(s) to be thrown and measures to be taken to assure the safety of onlookers is provided to the city as part of the special events application.

d.

A maximum of five temporary off-site directional signs may be allowed providing the following standards are met:

1.

A map indicating the location of the off-site directional signs shall be included in the special events application;

2.

Off-site directional signs shall not include streamers, wind signs, balloons, rotating devices and unofficial flags;

3.

Off-site directional signs must be a minimum of 18" × 24" and a maximum of 24" × 32" and shall include the special events permit number on the back of each sign.

4.

Off-site directional signs may only be erected five days prior to the event and must be removed within 24 hours after the completion of the event.

5.

Off-site directional signs may not be located within street medians, attached to traffic control signs or highway signs,

6.

Off-site directional signs shall be located a minimum of 30 feet from street intersections, and a minimum distance of six feet from the edge of the pavement.

7.

Off-site directional signs shall be a minimum of one foot above the surrounding grade and not exceed a height of five feet above the surrounding grade.

(4)

The director shall review the application for completeness and advise the applicant of any further information needed to complete the application. After the director has received any requested additional information, or if no additional information is necessary, the application shall be deemed complete. While the application is deemed complete, it does not guarantee approval of the application.

(5)

The completed application must be received by the department of public works at least three weeks prior to the date of the special event for which the application is being submitted and two weeks prior to a regularly scheduled city commission meeting where official action can be taken. If the event requires city or other governmental services, the completed application must be submitted at least six weeks prior to the date of the event.

(d)

Review. Non-administrative special events shall comply with provisions (1) through (7) below. Administrative special events shall only comply with provisions (5) through (7).

(1)

The director of public works shall forward the application to the fire district, chief administrative police officer, and other affected agencies.

(2)

a.

The reviewing agencies shall review the application and may recommend any reasonable contingencies or conditions designed to lessen the impact the special event on the general public. The reviewing agencies shall use their own best professional judgment in reviewing the application in making any recommendations. The following may be used as general guidelines for planning purposes:

1.

Security services. The city's police staff will review the permit application and assess the need for security services based upon the size of the crowd, location, traffic flow, whether alcohol will be served, and other information shown on the application. If security services are required, the applicant must provide for the security services before the permit can be approved and provide the city reasonable assurances that security services will be provided. The chief administrative police officer for the city, or his designee, shall be the city commission's primary advisor on the need for security services, including the number of security officers required and the hours assigned.

2.

Fire protection/rescue. The West Manatee Fire District staff will review the permit application and assess the need for fire district services based upon its criteria and the information provided in the application. The fire chief of the district, or his designee, is the final authority on the need for fire district services. The applicant shall be responsible for contracting with the district and paying any required fee for its services.

b.

The comments and recommendations of the reviewing agencies shall be returned to the director of public works at least five working days prior to the city commission meeting where the application is scheduled for review.

(3)

After receipt of comments by all reviewing agencies, the director of public works shall review the finalized application and submit it to the mayor, with the recommended contingencies and conditions from the reviewing agencies.

(4)

The application and recommendations shall be scheduled for final review by the city commission. The city commission shall review the submitted application and any comments, contingencies or conditions recommended by the reviewing agencies. The city commission is authorized to add its own reasonable contingencies and conditions to the application during its final review.

(5)

Upon approval by the city commission for non-administrative special events or by the city staff for administrative special events, the applicant will be notified by the department of public works and advised of any conditions and fees required. The director of public works shall be responsible for forwarding copies of the approved special event permit to the mayor, city commission, police department and all other agencies or departments affected thereby. Once the applicant has provided assurances that the conditions will be met, the director shall issue the permit.

(6)

A special event permit may be approved for no more than three days. The applicant may choose to designate a rain date in the application which may be approved in conjunction with the preferred date of the special event.

(7)

The special event permit shall be specifically contingent on the conditions required by the city commission for non-administrative special events, or the city staff for administrative special events. If the conditions are not met, the permit may be withdrawn by the director of public works.

(e)

Insurance and fees.

(1)

All persons requesting city property for the location of the special event or requesting city services shall be required to have appropriate insurance as a condition for approval of the permit. Proof of insurance showing the city as an also-named insured and with a minimum of $1,000,000.00 general liability coverage, shall be provided to the city at least 48 hours prior to the start of the special event. The applicant shall also agree to indemnify, defend and hold the city, its officials, employees, agents and assigns harmless from any liability or damage or claims that may occur during or arising out of the permitted special event. The applicant may be required to post an appropriate performance bond to ensure that the proper cleanup, damage and fees are paid after completion of the use.

(2)

Should the special event require city or governmental services, the applicant shall pay a reasonable fee for these services. This fee shall be based on the scope of services provided to the special event and no greater than the actual cost to the governmental agency supplying the service.

(3)

Issuance of a special event permit does not excuse the applicant from applying for other required permits. These may include building permits, electrical permits or health department permits. The applicant has the responsibility to have all necessary permits issued for the special event. Review of applications for other required city permits may proceed simultaneously with the review of the application.

(f)

Temporary sales and service of alcoholic beverages. Notwithstanding the provisions of the City of Anna Maria Code, sections 114-501—114-506, to the contrary, alcoholic beverages may be dispensed or sold in conjunction with a special event permit issued pursuant to this section. Approval of temporary sales and service of alcoholic beverages shall be pursuant to the following conditions:

(1)

Any application for temporary sales and service of alcoholic beverages in conjunction with a special event permit must be properly filed with the city no less than six weeks prior to the special event.

(2)

The applicant must not only provide the insurance as required in paragraph (e), above, but also an alcohol liability rider with the city as an also-named insured in an amount of no less than $1,000,000.00.

(3)

The boundaries of the site where the special event is located must be clearly marked and informing the attendees that alcoholic beverages must be kept within the perimeter of the site designated for the event and that persons with alcoholic beverages outside the boundaries of the special event are subject to prosecution if other applicable laws are violated.

(4)

The city commission reserves the right to attach additional conditions pertaining specifically to alcoholic beverage consumption to any special event permit, such as limiting the hours alcoholic beverages will be available or limiting the type of alcoholic beverages dispensed at the special event.

(5)

Applicants for a special event in signing the application, in consideration of being granted a special events permit, shall agree to indemnify and hold harmless the City of Anna Maria and all of its officers and agents from any and all liabilities, claims, actions, suits or demands by any person, firm or corporation for injuries, death, or property damage arising from the special event.

(Ord. No. 2000-580, § 1, 6-8-00; Ord. No. 14-773, § 2, 7-10-14)

(a)

Two or more lots, parcels, or a combination thereof, may be combined for use as a single building site pursuant to the following conditions:

(1)

The lots or parcels shall be adjoining and under single ownership.

(2)

The owner of the combined lots or parcels shall cause the Manatee County Property Appraiser and the Manatee County Tax Collector to place the combined lots under a single parcel identification number for assessment and taxation purposes.

(3)

If the combined lots or parcels include are made up of parcels described by metes and bounds, the owner shall cause a new legal description of the combined parcel to be created. The new legal description shall be placed on file with the city with a copy provided to the Manatee County Property Appraiser and Manatee County Tax Collector.

(4)

Unity of title. When more than one lot is utilized to satisfy yard setbacks, building coverage, lot coverage, or residential docking facilities, a unity of title shall be recorded. The unity of title shall state that said lots shall be considered as one parcel of land and no portion of said parcel of land shall be sold, transferred, devised, or assigned separately, except in its entirety as one parcel of land. A copy of the recorded unity of title shall be provided to the city prior to the issuance of any permits.

(b)

Upon completion of the above steps, the parcel shall be considered a single building site and available for all uses allowed single building sites under the zoning category for the zoning district in which it is located. As a single building site, the internal lot line may be ignored for setback purposes. All setbacks shall be measured from the outside boundary lines of the combined parcel. If there are public easements located along the centerline of the parcels within the combined parcel, the applicant must apply for and obtain a vacation of these easements. The parcel may not be considered a single building site unless any public easement is properly vacated.

(c)

Combining of the parcels does not affect private easements.

(d)

Building sites consisting of two or more lots or parcels which predate the date of this section shall come into compliance with this section at the time of the next issuance of a city permit for activities on the property.

(Ord. No. 02-600, §§ 1, 2, 12-17-02; Ord. No. 12-732, § 5, 1-26-12)

(a)

Permit requirements.

(1)

Any person desiring to construct a dune walkover must apply for and receive a permit from the city in accordance with this section. Additionally, a permit from the Florida Department of Environmental Protection (DEP) may be required for construction of walkovers on most sandy beaches fronting on the open waters of the Gulf of Mexico. Persons seeking city permits for dune walkovers are advised that in areas where a coastal construction control line has been established pursuant to provisions of F.S. § 161.053, a DEP permit is required for all excavation, construction, or other activities with the potential to cause beach erosion or damage coastal vegetation. Permits for walkovers contain standard conditions which require construction to be conducted in a manner that minimizes short term disturbance to the dune system and existing vegetation.

(2)

A person desiring a walkover permit shall apply on forms provided by the city. A survey no more than one year old shall be supplied with the application. The survey shall show the bounds on the property upon which the walkover will be built, improvements already existing on the property, and shall specifically show the line between private uplands and public beach. No permit shall authorize construction on property of another unless the other person has provided documentation showing permission for the walkover to be located on their property. The documentation may need to be in recordable form.

(3)

The city is authorized to provide application forms and promulgate administrative regulations intended to implement this and other applicable articles for the purposes set forth herein. The city may set a review fee by resolution from time to time.

(b)

General design. Walkovers to be constructed across vegetated dunes or across heavily vegetated beach berms shall be post-supported and elevated above the existing or proposed vegetation. The elevation of the walkway shall allow for sand build-up and clearance above the vegetation. Walkovers shall generally be constructed perpendicular to the shoreline and extend at least to the seaward toe of the frontal dune or the existing line of vegetation but not farther than ten feet seaward of the vegetation. Support posts shall not be installed into dune slopes which are steeper than approximately 30 degrees. Stairways leading from the top or crest of a dune down to the beach shall be designed to completely span the seaward slope of the dune unless the physical characteristics of the site prevent a complete span. In those circumstances, the person desiring to build the walkover shall present evidence showing the impossibility of meeting this standard because of the physical characteristic of the site.

(c)

Specific design criteria.

(1)

Walkovers shall be designed as minor structures and need not meet specific structural requirements to resist wind and wave forces. Walkovers shall be designed to produce minimum scour of the beach and dune topography during a storm event and to reduce the potential for damage to upland structures as airborne or waterborne debris. Thewidth of the walkover structure shall not exceed four feet. The railing shall be limited to a handrail and one center guard rail. The posts for the walkover structure shall be four inch by four inch but may be six inch posts, should be embedded deep enough to support typical live and dead loads (minimum of five feet), and shall not be encased in concrete. Typical spacing between post bents is six to eight feet. Supporting beams, bents, and stair stringers shall not be greater than two inch by twelve inch pressure treated lumber. Connections may be fastened with bolts or nails stainless steel. All lumber should be pressure treated or decay resistant.

(2)

Vegetation destroyed during construction shall be replaced with similar plants suitable for beach and dune stabilization. Only limited excavation for the placement of support posts is authorized for construction of walkovers. The construction of walkovers may not occur during the marine turtle nesting season, May 1 through October 31.

(Ord. No. 06-675, § 2, 1-24-07)

Lending libraries offer free books housed in small containers to members of the local community. Lending libraries are a community service provided by a property owner. Lending libraries are considered as an accessory use, and are permitted in any zoning district, provided that, all such libraries meet the following requirements:

• Lending libraries may only contain books;

• There shall be no more than five lending libraries within the City of Anna Maria;

• Lending libraries shall not be located within or overhang the public street right-of-way or any public easement;

• Lending libraries shall not obstruct vehicular, bicycle or pedestrian traffic, either physically, or by a person utilizing the lending library;

• For corner lots, the lending library shall be placed at least 25 feet from the corner street intersection;

• Lending libraries shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility;

• Lending libraries may be placed in a required front yard (area between the front wall of a building and the public street right-of-way);

• Lending libraries shall not exceed a width of 30 inches, a depth of 18 inches and a height of 36 inches. The total height of the lending library, including the support post, shall not exceed six feet from the surrounding grade;

• Lending libraries shall be anchored to the ground or otherwise securely attached to something having a permanent location on the ground; and

• Lending libraries shall not be used for any commercial purpose or contain any advertising.

(Ord. No. 14-778, § 2, 10-23-14)