- PERFORMANCE STANDARDS AND MISCELLANEOUS ISSUES
All uses and activities permitted in any zoning district within this land development code shall conform to the standards of performance described below:
1.
Fire and explosion hazards.In any zoning district, all uses shall comply with applicable standards set forth in the rules & regulations of the state fire marshal.
2.
Emissions.Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in Chapter 17-2, Florida Administrative Code. Regulations controlling open burning shall be the same as those contained in Chapter 17-5, Florida Administrative Code.
3.
Fumes.Regulations controlling the emission of any fumes, vapors, or gases of a noxious toxic or corrosive nature shall be the same as those contained in Chapter 17-2, Florida Administrative Code.
4.
Atmosphere.Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot lines, shall not be permitted, with the exception that in the industrial district this standard shall apply at the boundaries of the district and not at the lot lines of the individual properties located within the district.
5.
Odor.Regulations controlling the emission of odorous gases and other odorous matter shall be the same as those contained in Chapter 17-2, Florida Administrative Code.
6.
Glare.There shall be no direct glare, visible from any district permitting residential use, caused by unshielded flood lights or other sources of high intensity lighting.
1.
Prohibited generally.It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures, or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes the kinds of noise generated by the activities enumerated in section 17.01.2, except as provided in section 17.01.4. The term shall be limited to loud and raucous noise heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof, and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source.
2.
Enumeration.The following acts, as limited by section 17.01.1 and subject to the exceptions provided in section 17.01.4, are declared to be public nuisances in violation of this ordinance, namely:
a.
The discharge into the open air of any exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.
b.
The operation between the hours of sunset and sunrise on any day or at any time on Sunday, of any pile-driver, steam shovel, pneumatic hammer, derrick dredge steam or electric hoist or other appliance, the use of which is attended by loud and raucous noise.
c.
The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.
d.
The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.
e.
The using, operating or permitting to be played, used or operated any radio, amplifier musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise.
f.
No amplifier or loudspeaker, in, upon or attached to a sound truck or other device for amplifying sound shall be operated or permitted to operate within the city for advertising purposes or to attract the attention of the public.
g.
Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and sunrise on any day.
h.
The keeping of any animal or bird which habitually causes a loud and raucous noise.
i.
The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling, or other loud and raucous noise or which is not equipped with a muffler in good working order and in constant operation so as to prevent loud and raucous noise.
j.
The erection (including excavating), demolition, alteration or repair of any building so as to create aloud and raucous noise other than between the hours of sunrise and sunset on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the zoning administrator, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the zoning administrator should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration, or repair of any building, or the excavation of streets and highways within the hours of sunset and sunrise, or on Sunday, the zoning administrator may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work.
k.
The creation of any loud and raucous noise heard within any school, public building, or church, while in use, which interferes with the workings of such institution.
l.
The use of any drum or other instrument or device to create a loud and raucous noise.
3.
Persons responsible.Any person, owner, agent, or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of the device or machine creating a noise as prohibited in this section, shall be deemed guilty of violating this section.
4.
Exceptions.The term "loud and raucous noise" does not include noise or sound generated by the following:
a.
Cries for emergency assistance and warning calls.
b.
Radios, sirens, horns and bells on police, fire and other emergency response vehicles.
c.
Parades, fireworks displays and other special events for which a permit has been obtained from the city, within such hours as may be imposed as a condition for the issuance of the permit.
d.
Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided such activities have been authorized by the owner of such property or facilities or its agent.
e.
Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
f.
Religious worship activities, including but not limited to bells and organs.
g.
Industrial noise generated in an industrial district (for industrial noise see section 21.64.1.d).
No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of this land development code and all other ordinances of the city. (See section 18.07.2 for relocation of historic structures.)
No one-family, two-family or multiple-family dwelling shall be erected with less than 600 square feet of floor area per dwelling unit devoted to living space, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. The city commission may waive the minimum living area requirements if evidence is presented that such a waiver will not adversely affect the public interest or the character of the surrounding neighborhood. Such application and consideration shall be in the nature of a variance.
Major recreational equipment is hereby defined to include boats, boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent-trailers, houseboats, and the like, and cases or boxes used to transport recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential or commercial district. Major recreational equipment may be parked or stored in a rear or side set-back, but not in a required front setback. Notwithstanding the foregoing, a travel trailer or motor home may be utilized by a bona fide house guest for a period not to exceed 21 days in any calendar year.
Garage sales or sales open to the public of any kind in a residential district shall not exceed two days in duration and shall not occur more than four times in any calendar year.
All new constructed buildings shall have their assigned building number properly displayed, whether or not mail is delivered to such building or property. It shall be the duty of the owners or occupants of each newly constructed building to post the assigned building number on the property in the following manner:
1.
The building address number shall be affixed to the building, or to a separate structure in front of the building (such as a mailbox, post, wall, fence, etc.), in such a manner so as to be clearly visible and legible from the public or private way on which the building fronts.
2.
Numerals shall be Arabic and shall not be less than four inches in height and one-half inch in width.
3.
The numerals shall be of a reflective and contrasting color with the immediate background of the building or structure on which such numerals are affixed.
- PERFORMANCE STANDARDS AND MISCELLANEOUS ISSUES
All uses and activities permitted in any zoning district within this land development code shall conform to the standards of performance described below:
1.
Fire and explosion hazards.In any zoning district, all uses shall comply with applicable standards set forth in the rules & regulations of the state fire marshal.
2.
Emissions.Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in Chapter 17-2, Florida Administrative Code. Regulations controlling open burning shall be the same as those contained in Chapter 17-5, Florida Administrative Code.
3.
Fumes.Regulations controlling the emission of any fumes, vapors, or gases of a noxious toxic or corrosive nature shall be the same as those contained in Chapter 17-2, Florida Administrative Code.
4.
Atmosphere.Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot lines, shall not be permitted, with the exception that in the industrial district this standard shall apply at the boundaries of the district and not at the lot lines of the individual properties located within the district.
5.
Odor.Regulations controlling the emission of odorous gases and other odorous matter shall be the same as those contained in Chapter 17-2, Florida Administrative Code.
6.
Glare.There shall be no direct glare, visible from any district permitting residential use, caused by unshielded flood lights or other sources of high intensity lighting.
1.
Prohibited generally.It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures, or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes the kinds of noise generated by the activities enumerated in section 17.01.2, except as provided in section 17.01.4. The term shall be limited to loud and raucous noise heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof, and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source.
2.
Enumeration.The following acts, as limited by section 17.01.1 and subject to the exceptions provided in section 17.01.4, are declared to be public nuisances in violation of this ordinance, namely:
a.
The discharge into the open air of any exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.
b.
The operation between the hours of sunset and sunrise on any day or at any time on Sunday, of any pile-driver, steam shovel, pneumatic hammer, derrick dredge steam or electric hoist or other appliance, the use of which is attended by loud and raucous noise.
c.
The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.
d.
The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.
e.
The using, operating or permitting to be played, used or operated any radio, amplifier musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise.
f.
No amplifier or loudspeaker, in, upon or attached to a sound truck or other device for amplifying sound shall be operated or permitted to operate within the city for advertising purposes or to attract the attention of the public.
g.
Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and sunrise on any day.
h.
The keeping of any animal or bird which habitually causes a loud and raucous noise.
i.
The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling, or other loud and raucous noise or which is not equipped with a muffler in good working order and in constant operation so as to prevent loud and raucous noise.
j.
The erection (including excavating), demolition, alteration or repair of any building so as to create aloud and raucous noise other than between the hours of sunrise and sunset on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the zoning administrator, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the zoning administrator should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration, or repair of any building, or the excavation of streets and highways within the hours of sunset and sunrise, or on Sunday, the zoning administrator may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work.
k.
The creation of any loud and raucous noise heard within any school, public building, or church, while in use, which interferes with the workings of such institution.
l.
The use of any drum or other instrument or device to create a loud and raucous noise.
3.
Persons responsible.Any person, owner, agent, or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of the device or machine creating a noise as prohibited in this section, shall be deemed guilty of violating this section.
4.
Exceptions.The term "loud and raucous noise" does not include noise or sound generated by the following:
a.
Cries for emergency assistance and warning calls.
b.
Radios, sirens, horns and bells on police, fire and other emergency response vehicles.
c.
Parades, fireworks displays and other special events for which a permit has been obtained from the city, within such hours as may be imposed as a condition for the issuance of the permit.
d.
Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided such activities have been authorized by the owner of such property or facilities or its agent.
e.
Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
f.
Religious worship activities, including but not limited to bells and organs.
g.
Industrial noise generated in an industrial district (for industrial noise see section 21.64.1.d).
No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of this land development code and all other ordinances of the city. (See section 18.07.2 for relocation of historic structures.)
No one-family, two-family or multiple-family dwelling shall be erected with less than 600 square feet of floor area per dwelling unit devoted to living space, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. The city commission may waive the minimum living area requirements if evidence is presented that such a waiver will not adversely affect the public interest or the character of the surrounding neighborhood. Such application and consideration shall be in the nature of a variance.
Major recreational equipment is hereby defined to include boats, boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent-trailers, houseboats, and the like, and cases or boxes used to transport recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential or commercial district. Major recreational equipment may be parked or stored in a rear or side set-back, but not in a required front setback. Notwithstanding the foregoing, a travel trailer or motor home may be utilized by a bona fide house guest for a period not to exceed 21 days in any calendar year.
Garage sales or sales open to the public of any kind in a residential district shall not exceed two days in duration and shall not occur more than four times in any calendar year.
All new constructed buildings shall have their assigned building number properly displayed, whether or not mail is delivered to such building or property. It shall be the duty of the owners or occupants of each newly constructed building to post the assigned building number on the property in the following manner:
1.
The building address number shall be affixed to the building, or to a separate structure in front of the building (such as a mailbox, post, wall, fence, etc.), in such a manner so as to be clearly visible and legible from the public or private way on which the building fronts.
2.
Numerals shall be Arabic and shall not be less than four inches in height and one-half inch in width.
3.
The numerals shall be of a reflective and contrasting color with the immediate background of the building or structure on which such numerals are affixed.