It is the purpose of this article to regulate the installation, configuration and use of accessory structures and the conduct of accessory uses (see section 74-82) to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

(Ord. No. 399, § 1, 11-20-01)

Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

(1)

No person shall construct an accessory structure within the town limits without first having obtained a permit for such construction from the town manager.

(2)

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this land development code.

(3)

All accessory structures shall comply with standards pertaining to the principal use, unless exempted from such standards or such standards are superseded elsewhere in this land development code.

(4)

Accessory structures shall not be located in a required buffer, landscape area or minimum building setback area, unless exempted from such standards or such standards are superseded elsewhere in this land development code.

(5)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(6)

Accessory structures shall be shown on a development plan with full supporting documentation as required in chapter 66.

(Ord. No. 399, § 1, 11-20-01)

All satellite dish antenna installations in excess of 24 inches in diameter shall meet the following requirements:

(1)

The satellite dish antenna shall be considered a structure requiring a building permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

(2)

The satellite dish antenna installation and any part thereof shall maintain appropriate vertical and horizontal clearances from any electric lines and shall conform to the National Electrical Safety Code.

(3)

The satellite dish antenna installation shall meet all Federal Communications Commission and manufacturer specifications, rules and requirements.

(4)

The satellite dish antenna shall be of the mesh or perforated type or solid material and shall be made, to the maximum extent possible, to conform and blend, taking into consideration color and location, with the surrounding area and structures; provided, however, that mesh or perforated antennas shall be black or gray in color. The maximum size of the satellite dish antenna, whether ground- or pole-mounted, shall be limited to no greater than ten feet in diameter if mesh or perforated in type, and to no greater than five feet if solid in type.

(5)

The satellite dish shall contain no advertising or signage of any type.

(6)

The installer of any satellite dish antenna, prior to installation, shall submit detailed drawings of the proposed satellite dish antenna installation and foundation, which shall be certified by the manufacturer or a professional engineer. Such certification also shall demonstrate that the proposed location is the optimum location to minimize the height required to receive the satellite signal, taking the available natural screening into consideration.

(7)

The satellite dish antenna installation shall be permitted to be placed only in the rear areas of the main dwelling or commercial structure, and shall not be closer than ten feet to the rear or side yard.

(8)

The satellite dish antenna shall, to the maximum extent possible, be located so as to be screened from view from a public right-of-way and adjoining properties.

(9)

A satellite dish antenna shall be considered an accessory structure to the main structure and shall not constitute the principal use of the property.

(10)

The satellite dish antenna installed pursuant to this section shall not be used for any commercial purposes. It shall only provide service to the main structure.

(11)

Satellite dish antenna installations shall be limited to one installation per lot.

(12)

The maximum height of ground- or pole-mounted satellite dish antennas shall not exceed 13 feet, including base, pedestal or other mounting devices, except upon a good-cause showing that no signal can be obtained at any allowable location at such height. In no event shall the maximum height exceed 18 feet. The maximum height of roof- or building-mounted satellite dish antennas shall not extend above the highest point of the roof, and such installations shall not be visible from the front of the structure at any point along the roadway in front of the dwelling as determined from a point five and one-half feet above the centerline of the roadway.

(13)

The satellite dish antenna installation, whether ground- or pole-mounted, shall be mounted at a fixed point and shall not be portable.

(Ord. No. 399, § 1, 11-20-01)

74-283.1. Definitions. As used in this section the following terms shall have the definition indicated:

Antenna means any outdoor apparatus designed for telephonic, radio, or television communications through the sending or receiving of electromagnetic waves (see also WCA).

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from ground level to the highest point on the tower or other structure, even if the highest point on the tower or structure is an antenna.

Home satellite dish means a device used to receive satellite broadcast signals, usually a parabolic, dish shaped antenna, as regulated by section 74-282 of the Code.

Host means an existing structure (i.e., such as a light pole, building, water tower, or other elevating device) or tower physically capable, in accordance with the terms of the Code, of providing a siting for the broadcast or reception equipment of the applicant.

Provider means any independent entity which is marketing a wireless communications service to any customer, or which is traversing, or emplacing in the town, wireless communication service appurtenances for the commercial offering of such service. For the purposes of determining the number of providers co-locating, no two providers shall have any common ownership, corporate or affiliate, legally recognized as a business association, or as a contract or subcontract for providing the same service.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, greater than 25 feet in height including the antennas, including self supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone and PCS towers, alternative tower structures and the like.

Town property means real property owned by the town, excluding those certain parcels of land commonly known as Hallett Park and Waterfall Park.

Wireless communication antenna ("WCA") means an antenna and supporting electrical and mechanical equipment at a fixed location used for the transmission or reception of wireless communication signals. The placement and location of a home satellite dish are regulated as accessory uses pursuant to section 74-282 of the Code.

Wireless communication support facility ("WCSF") means a monopole, guyed or lattice type tower greater than 25 feet in height including the antenna, designed for the attachment of or as support for wireless communication antennas or other antennas, and the associated control equipment or other housed freestanding control center necessary to operate the WCSF in the area of the WCSF.

74-283.2. Purpose. The purpose of section 74-283 is to establish general guidelines for the siting of WCAs and WCSFs. The goals of this section are to prohibit the location of WCSFs in residential areas; to limit WCSFs to public property locations; to promote the placement of provider WCSFs and WCA on town property; to minimize the total number of towers in the town; to allow the use of existing structures to support provider WCAs as an alternative to new tower construction in appropriate zoning districts; to encourage the joint use of towers; to encourage the design and construction of WCAs and WCSFs which minimize the adverse visual impacts while enhancing the ability of providers of wireless telecommunications services to provide such services within the town quickly, effectively, and efficiently, while preserving the architectural and historical character of designated historic districts and landmarks.

74-283.3. Applicability.Section 74-283 shall apply to all telecommunication service provider WCSFs and WCAs utilized to provide commercial telecommunications services. WCAs and WCSFs installed and maintained in accordance with this section are exempt from the height limitations for buildings and structures set forth elsewhere in the Code. The requirements set forth in this section shall govern the height of WCAs and WCSFs. The installation of a WCA on a building which is nonconforming in terms of current height or use limitations (i.e., the building is grandfathered in the current zoning district) shall not be deemed to constitute the expansion of the nonconforming use.

74-283.4. Personal use WCAs, generally. Amateur radio antennas operated by a federally licensed amateur radio station operator, town communication uses including those antennas used exclusively for dispatch communications by public emergency agencies and personal use antennas attached to a dwelling or private business and which are designed and used for the use of the occupants and unrelated to the provision of commercial communications services are exempt from the provisions of sections 74-283.1 through 74-283.16.

74-283.5. Provider facilities, generally. Provider WCSFs shall be prohibited in all areas within the town except upon town property that is zoned for public purposes. Provider WCSFs are established as uses requiring major development review and approval, and will not be approved unless the specific criteria set forth in sections 74-283.6 through 74-283.9, and the requirements of chapter 66, can be demonstrated. Provider WCSF towers are limited to a monopole design, shall not exceed 100 feet in total height, including any WCA placed thereon. The town encourages the use of functional design types such as "palm tree," "flagpole," "lighting standard" (i.e., a street light) or other such design where appropriate with surrounding uses.

74-283.6. Application content and review procedures; determination of need. Pre-application conferences with the town staff are strongly encouraged so that the town manager can advise the applicant of the specific location(s) on town property where a WCA or WCSF can be located, given the applicant's intended construction plans and locational needs. Once the town staff and the applicant have agreed on a specific location on town property for the proposed WCA or WCSF, then the applicant can begin preparing its application. However, all final decisions regarding location will rest with the town commission. As part of the application process to construct a provider WCA or WCSF on town property, the applicant must demonstrate that:

(a)

Existing towers or structures where an antenna could be placed, including those extrajurisdictional to the town, are not of sufficient height or in the required geographic area to meet applicant's engineering requirements

(b)

Existing towers or structures, including those extrajurisdictional to the town, do not have sufficient structural strength or other physical capacity to support the applicant's proposed antenna and related equipment.

(c)

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on existing towers or structures including those extrajurisdictional to the town.

(d)

It is not financially feasible to modify or replace existing towers or utilize existing structures including those extrajurisdictional to the town to accommodate the proposed antenna because no entity will allow co-location and/or modification under commercially reasonable terms.

(e)

The applicant demonstrates that there are other limiting factors that render existing towers and structures, including those extrajurisdictional to the town, unsuitable.

(f)

As part of the demonstration, for any tower that would not fall subject to one of the limiting factors presented above, the applicant shall submit an inventory of all towers located within one mile of the town's jurisdictional boundary, and by demonstration of response, whether the owner of any such tower will allow co-location. Thus, the applicant shall have demonstrated the limiting factors, or refusal, for each such tower.

74-283.7. Construction plans and engineering drawings. Provider WCSFs are a major development as set forth in section 66-164 of the Code. Applications for a WCSF on town property shall consist of a site plan and other documents as necessary to demonstrate compliance with the following technical criteria:

(1)

No WCSF shall exceed 100 feet in height, including antennas and lighting rods, and all WCSFs shall be designed for co-location of at least one other WCA. All WCSFs constructed on town property shall host all requested uses deemed necessary by the town for town purposes that do not interfere, from an engineering or technical standpoint, with the provider's proposed service. Within 30 days after the pre-application conference, the town shall advise the applicant of what town uses the applicant is expected to accommodate.

(2)

The site plan shall demonstrate that any proposed tower and its supporting structures shall be a neutral, non-glare color or finish, so as to reduce visual obtrusiveness.

(3)

Towers and their accessory facilities shall be set back from existing residential uses a distance no less than 200 feet. The distance shall be measured from the base of the tower to the residential property line.

(4)

If directed by the commission, WCSF towers shall be enclosed by security fencing with a locked gate of design deemed appropriate by the town, all not less than eight feet in height, and shall also be equipped with an appropriate anti-climbing device. In addition, to the extent that high voltage or other dangers exist in the area of the WCSF, the fencing shall have signage so indicating.

(5)

All WCSFs and WCAs shall be constructed in compliance with all applicable local, state and federal construction codes.

(6)

The WCSF or WCA shall comply with all applicable FAA and FCC requirements.

(7)

If deemed appropriate by the town commission, all WCSFs shall have a landscaped buffer external to the fencing, so that the base of the WCSF and accessory equipment storage area and all other mechanical appurtenances shall be screened from any right-of-way, residential use or residential zoning district. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental benefits while at the same time providing the visual buffer required hereby. For example, such landscaped buffer may consist of hedges planted leaf-to-leaf which shall reach a height of not less than eight feet at maturity and shade trees of at least three inches diameter at breast height, planted every 30 feet along the approved buffer if such buffer is deemed necessary by the town. Such buffering and screening, such as fence type and design, shall be constructed on town property in areas directed by the town of a design deemed appropriate by the town.

(8)

All landscaping shall be of the evergreen variety.

(9)

All landscaping shall be xeriscape tolerant or irrigated, and properly maintained to ensure good health and viability.

(10)

The construction of the WCSF shall be of monopole design.

(11)

The application shall contain an engineering drawing of the WCSF or WCA sealed by a professional engineer with the appropriate Florida license, stating that the design has the required structural integrity, is properly grounded, and will withstand the windforces and other forces of nature anticipated at the specific location.

(12)

The applicant shall provide such performance financial assurances to the town as the town may reasonably require which shall ensure the payment of the cost of removal of the WCSF if abandoned.

(13)

One unmanned communication equipment building or structure may be constructed for each communication service provider that co-locates one or more antennas on a tower site.

(14)

Communication towers shall not be artificially lighted/illuminated except as required for public safety purposes or by the FAA.

(15)

No signage shall be allowed on any tower except as required for public safety purposes or by the FCC.

(16)

All applicants shall provide documentation that the proposed facilities do not exceed radiation standards of the FCC.

(17)

All applications shall include a description of the geographic service area of each antenna on the tower. In addition to the application content described in this section, the provisions of sections 66-165 through 66-171 and section 66-173 of the Code shall apply. In preparation of the report on the application, the town manager shall be responsible for determining whether any conflicts between the application content set forth in chapter 66 and those set forth in this section apply. In the case of a conflict, the requirements of this section shall control. Identified conflicts shall be duly noted in the staff report.

74-283.8. Mutual agreement including conditions and fees for provider use of town property for provider WCSFS and WCAS, and co-location responsibility; application fees.

(a)

All applications for a provider WCA or WCSF on town property shall include the offering of a written agreement between the town and the applicant for the use of the town property, and shall also set forth terms, negotiated or to be negotiated in good faith that:

(1)

Cover construction, access, insurance, compliance with the Code, risk of loss, easements, terms and conditions of future co-location including a good faith commitment to offer and accommodate same upon reasonable terms to the provider and to the town, a lease which includes the term of the agreement, rents and timing of payments, the emergency contact and emergency procedures, remedial procedures if interference results to any broadcast or reception, and removal or dedication.

(2)

The applicant/provider shall be solely responsible for the cost of construction and maintenance of any WCSF, WCA and all supporting facilities and connections built on town property, including the initial placement and installation of any WCAs deemed necessary by and provided to the applicant by the town for governmental use in the provision of governmental services.

(3)

The town shall charge a monthly rental fee to an approved applicant for the use of the applicable town property. The monthly rental fee shall be determined solely within the discretion of the town, but shall be reasonable.

(4)

All providers shall pay any appropriate occupational tax in accordance with chapter 54 of the Code.

(5)

Upon the termination of the agreement or abandonment by the provider, the town shall have the right, but not the obligation, to purchase or accept by dedication the WCSF, exclusive of the provider's electronics, antennas and technology, unless the terms of the lease provide otherwise.

(6)

Any WCA or WCSF, except town-owned WCAs placed thereon, shall be deemed to be the personalty of the provider.

(7)

The applicant will, upon the completion of construction, submit construction as-builts for review by a professional engineer licensed in Florida, who shall certify that the WCA or WCSF was constructed in accordance with the design, and that it meets all applicable engineering and safety standards. The applicant shall be responsible for this cost.

(8)

The applicant shall release the town from, and indemnify the town against, any and all injuries, damages or other claims arising out of the existence of the WCSF or WCA on town property, or the use of town property by the provider for the WCSF or WCA.

(9)

The applicant agrees in good faith to cooperate with any interested person who inquires to the town or to the applicant regarding the joint construction of a WCA or WCSF, and to accommodate any prospective provider who requests co-location on a WCSF, either during the application process, during or subsequent to any approval, or during the period in which the applicant has any financial or contractual interest in the WCA or WCSF proposed in the application, once constructed, where the physical attributes of the WCSA or WCA and the interested co-locator's service are reasonably compatible.

(10)

Such other reasonable terms and conditions as may be deemed appropriate by the town.

(11)

Any agreement shall incorporate the terms of section 74-283 by reference.

(b)

Application fees. The application fee for WCSFs shall be the same as those for major development, and those for WCAs as for exempt development pursuant to section 66-203. For WCSFs, the application fee shall also include any amount necessary to cover the cost of review of an application by entities external to the town staff. These costs shall include, but not be limited to, all professional fees and other expenses incurred by the town as part of the application review such as engineering fees, notification costs, title work and like expenses. Since the total review fee may not be known until completion of the application process, the fee shall consist of an origination fee, to be paid by the applicant at the time of application, and a completion fee. During the review process, the applicant shall be invoiced monthly for the completion fees, which shall be paid within 30 days of receipt of an invoice. All town invoices shall contain a copy of the invoice from the entity charging the town for support services.

74-283.9. Performance surety and insurance. At the time of application, the applicant shall submit a draft surety agreement as part of the agreement offered pursuant to section 74-283.8, in the manner prescribed in section 66-173. Also at the time of application, the applicant will present a certificate of insurance, naming the town as an additional insured, which covers the risks of injuries and losses reasonably foreseeable from the construction and operation of the WCA or WCSF on town property. The amount of such insurance will be negotiated between the town manager and the applicant in the pre-application conference or the application process. The insurance shall be maintained throughout the operating life of the WCA or WCSF until the equipment is either dedicated to the town or removed. The applicant shall provide proof of insurance annually, and shall advise the town 60 days in advance if a lapse in coverage or cancellation is to occur at direction of the provider, or immediately upon receipt from the provider's insurer that a cancellation or lapse is to occur. The provider will agree to obtain alternative insurance to avoid coverage lapses.

74-283.10. Application review procedures. Upon receipt of a complete provider application, the town manager shall review the application to ensure that all information provided is complete and correct. The town manager may also inquire into whether the applicant has the financial, technical and managerial background and resources to competently complete and operate the proposed project. The review procedures for a provider application hereunder shall be conducted in accordance with section 66-164 of this Code as regards major developments. The determination of need set forth in section 74-283.7 shall be made first by the town commission, before reaching the particulars of the application. No construction shall take place until a provider has applied for, and the town manager has issued a development permit in accordance with reasonably applicable portions of sections 66-201 through 66-207.

74-283.11. Variances. An applicant can apply for height and setback variances for WCSFs and WCAs under the procedures set forth in section 66-253. The criteria for any variance shall be that it grant the least amount of deviation necessary to obtain the required result, and shall only be granted if, but for the variance, these regulations would prohibit, or have the effect of prohibiting personal wireless communications or cellular service.

74-283.12. Application procedures for variance-granted locations. Once a variance is granted, applications shall be processed in accordance with the criteria set forth elsewhere in section 74-283.

74-283.13. Provider WCA standards for private property.

(a)

Provider WCAs on private property (i.e., real property not owned or controlled by the town) are exempt development, subject to the limitations below, pursuant to section 66-203, and approval is subject only to the requirements hereof, provided that such provider WCAs are placed upon existing host structures in accordance herewith. Provider WCAs may be placed upon multifamily residential structures, or on any structure or building that is located on private property and which is legally used for commercial, industrial, utility or other business purposes and which is not a single-family residence, duplex dwelling unit or hotel zoning district and where the Host structure is 35 or more feet in height. The antenna and supporting electrical and mechanical equipment must be of neutral colon that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. No lighting shall be permitted unless required by the FAA. The WCA shall meet all requirements of the zoning district in which it is located which do not directly conflict with this section. The WCA shall be allowed to extend up to 25 feet higher than the highest portion of the host structure. Placement of a WCA in accordance with this section 74-283.13 shall not be deemed to constitute the expansion of a nonconformity.

(b)

If a WCA requires an accessory equipment storage area, it shall be no greater than 15 feet in height and shall meet all zoning district requirements for an accessory structure.

(c)

All WCAs shall be designed to blend into or meet the aesthetic character of the principle (primary) structure where reasonably practical.

(d)

The applications for the installation of a WCA in any zoning district must be signed by the property owner and reviewed by the town manager or his designee. The town manager shall review all such requests and shall approve such requests that meet the requirements of this section and the land development code. Such review by the town manager shall be without public notice, except for historic structures. (See section 66-136).

(e)

WCA proposed to be located on a historic landmark or in a designated historic district may be denied if the WCA creates a detrimental impact on the historic character of the historic landmark or district, as determined by the historic preservation board. (See section 66-131 et seq.)

(f)

This section shall not exempt the applicant from such other government review and permitting procedures as may be applicable.

(g)

No signage shall be allowed on any antenna except aa required for public safety purposes or by the FCC.

74-283.14 Federal requirements and safety standards.

(a)

All towers and antennas must meet or exceed current standards and regulations of applicable building, engineering and electrical codes and those of the FAA, the FCC and any other agency of government with authority to regulate the construction, placement or operation of towers and antennas. If such standards are changed, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with the revised standards and regulations, if such are applicable, within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner's expense.

(b)

Towers and antennas must be constructed, installed and maintained in accordance with the Code. If upon inspection, the town at any time finds that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given written notice of the condition and shall immediately undertake to make the tower or antenna structurally sound in accordance with the standards set forth in the applicable codes.

74-283.15. Removal of abandoned antennas and towers. Any WCSF which is not operated by a provider for a period of three consecutive months shall be considered abandoned, unless the terms of the lease with the town provides otherwise. Upon written demand by the town after the expiration of the lease or passage of the three month abandonment period, the owner of the abandoned WCSF shall remove the same within 60 days of receipt of notice. Failure to do so shall constitute a violation of the Code. Upon notification to remove the WCSF, any previously granted development orders, development permits or variances shall terminate. Any lease for the use of town property for a WCA or WCSF shall clearly state that such lease shall terminate on an abandoned WCSF upon the 60th day post-notification, unless service is reinstated, or the town notified that service will be reinstated within the 60-day period. The lease shall also provide that any WCA or WCSF located on town property either be dedicated to the town upon expiration of the lease, removed, or that upon termination of the lease for abandonment, the town shall have the right to take possession of the WCA or WCSF and it shall become owned by the town, or the town can proceed against the lessee to have the WCA or WCSF removed at the expense of the lessee. Abandoned antennas on private property shall be processed in accordance with the procedures and law regarding code enforcement, to the extent that the antennas are resulting in a violation of the Code.

74-283.16. Appeals. An applicant for a WCA on private property may appeal a decision by the town manager denying a WCA, directly to the town commission. The applicant shall notify the town clerk in writing of the appeal and a hearing shall be held at the next available regular town commission meeting. The commission shall conduct a quasi-judicial de novo hearing and base its decision upon competent substantial evidence, including the content of the application. Appeals of decisions by the town commission regarding the siting of a provider WCA or WCSF on town property or the affirmance of an administrative denial for the placement of a WCA on private property, shall be by judicial or other review, as provided for by law. All decisions by the town commission denying a WCA or WCSF shall be in writing and shall set forth the evidence upon which the denial was based.

(Ord. No. 399, § 1, 11-20-01)

(a)

Section 125.0185, Florida Statutes (1991), and Federal Communications Commission "Amateur Radio Preemption", 101 FCC 2d 952 (1985) require local regulations to reasonably accommodate amateur communication, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose.

(b)

All land shall be under the control of the applicant, seeking to erect a tower/antenna, from a distance in every direction from the base of the tower/antenna equal to the height of the tower/antenna being installed.

(c)

Under no circumstances shall any tower/antenna exceed the total combined height of 35 feet above ground level in residential zoned districts and 100 feet above ground level in nonresidential districts.

(Ord. No. 399, § 1, 11-20-01)

(a)

No accessory buildings used for industrial storage of hazardous, incendiary, noxious or pernicious materials shall be located nearer than 100 feet to any property line.

(b)

Storage buildings, gazebos, greenhouses, utility buildings and the like shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines.

(c)

Storage and all other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback.

(d)

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

(e)

Vehicles, including manufactured housing and mobile homes, shall not be used for any facility authorized for an accessory use in any district.

(Ord. No. 399, § 1, 11-20-01)

(a)

Swimming pools, hot tubs, and similar structures shall be permitted in rear and side yards, and shall not encroach into any required building setback except as noted in this section.

(b)

All setbacks for pools shall be measured from inside the edge of the pool.

(c)

Pool decks, patios, or semi-impervious surfaces shall be minimum of eight feet from the rear lot line and seven and one-half feet from any side lot line.

(d)

Swimming pools, hot tubs, and similar structures shall maintain a 12-foot side yard setback* (See figure 4b in section 66-10 of this code). A minimum buffer as provided in figure 8 following section 74-232 shall be required along the side yard and front yard side of the pool. *(If pool, hot tub, or similar structure is located on a corner lot see subsection (e) of this section)

(e)

Screened enclosures shall be considered a part of the principal pool structure and shall comply with standards for minimum distance between buildings, yard requirements and other building location requirements of this land development code, except that a swimming pool and its screened enclosure may be constructed to within eight feet of the rear property line. No part of any pool, hot tubs, and similar structures or its screened enclosure shall be closer than 12 feet to any seawall.

(f)

Swimming pools, hot tubs, and similar structures constructed on corner lots shall maintain rear yard setback standards (see subsection (c) of this section) along property boundaries not associated with street rights-of-way (See figure 4b in section 66-10 in this Code). A minimum buffer, as provided in figure 8 following section 74-232, shall be required along those boundaries and the front yard side of the pool.

(g)

Excavations for pools, hot tubs, and similar structures to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided and a shoring-up plan is submitted and approved by the town manager. A steeper slope may be permitted upon certification of adequacy by a state-licensed professional engineer.

(Ord. No. 399, § 1, 11-20-01)

(a)

All fences shall comply with the provisions of the Standard Building Code, 1988 edition, section 1205, appendix D, or subsequent editions, and subject to the Town of Belleair property maintenance provisions, article VIII, section 74-517 of the Code of Ordinances.

(b)

Fences must comply with the provisions set forth in section 74-153(g) (street design standards/clear visibility triangle).

(c)

The posts of each fence must be resistant to decay, corrosion and termite infestation. Wood fence posts shall be pressure treated or otherwise preserved.

(d)

Fence walls may be constructed of concrete, concrete block, stone, brick or any suitable masonry material. Concrete and concrete block walls shall be finished with a painted stucco finish on both sides. All perimeter retaining walls that are visible from public rights-of-way or open spaces/parks shall require caps.

(e)

Fences and fence walls may be located in side, rear and secondary front yard setback areas and shall not exceed the height of six feet except as otherwise provided in this section, exclusive of decorative supporting posts which may extend no more than nine inches above the maximum six-foot height of the fence or fence wall; provided, however, any fence or fence wall placed along any property line which abuts the Pinellas Trail may not exceed ten feet in height.

(f)

Fences, fence walls, and hedges within ten feet of the mean high-water line or sea wall shall be no more than 48 inches in height.

(g)

The height of a fence or fence wall shall be determined from grade to the average top elevation of the fence or fence wall. Landscape berms, in conjunction with fences, shall be included in height determinations. Fences and fence walls shall be of uniform height along a running face, as topography allows, unless prohibited by other requirements of this Code.

(h)

Fences and fence walls shall be prohibited within the front yard setback area and within the primary front yard setback area of corner parcels.

(i)

In areas where the property faces two roadways, or is located in any other area construed to be a corner lot, no fence, fence wall, or landscape buffer shall be located in the clear visibility triangle.

(1)

No fence, wall, gate, or landscape buffer shall be allowed to constitute a visual obstruction to motorists, pedestrians, or bicyclists upon the streets, roads, sidewalks, bike paths, driveways, and alleyways of the town.

(j)

Except as provided in subsections (d) and (l), fences and walls may be constructed of wood, masonry, composite materials, vinyl, metal or wire, and shall be constructed of one material type only, except where specifically permitted herein, or by approval of the town manager.

(k)

Fences shall be placed with the finished side out.

(l)

Chainlink fences with canvas (or similar material) backing or mesh may only be permitted as a temporary construction fence, or on any parcel zoned public district. Except as provided below, all chainlink fences shall:

(1)

Be shielded on the exterior side (the side facing out) as to completely obscure the fence by a hedge or similar planting;

(2)

Be coated with a black vinyl coating. Green vinyl coatings may only be used for properties zoned public district;

(3)

Have a top rail; and

(4)

May not be utilized along a primary or secondary front yard setback.

All fences, or fence walls placed along a front yard setback or a primary front yard setback or along or within a secondary front yard setback area shall be shielded on the exterior side (the side facing out) by a hedge or similar planting. Any planting most grow to shield said fence over 85 percent of its surface within two years of planting. Should the shielding material die or be destroyed below the 85 percent coverage standard it shall, upon notification by the city, be replaced immediately or the city may take code enforcement action as provided in division 4 of article II.

(m)

No fence or fence wall shall be constructed or installed in such a manner as to adversely affect drainage on or adjacent to the site. To provide adequate drainage or to prevent the obstruction of drainage on or adjacent to the site, a fence or fence wall may be constructed so as to allow the bottom of the fence or fence wall to begin no more than two inches above the ground without being in violation of the maximum height restrictions set out in subsections (e), (f) and (g) of this section.

(n)

Any fence or fence wall required to be shielded by a hedge or similar planting shall be shielded by plant material approved by the town and such plant material shall be, at minimum, a size equivalent to a three-gallon plant and each such plant shall be planted not more than two feet apart. In addition, any fence or fence wall which is required to be shielded by a hedge or similar planting as provided in this section must be set back off a property line a sufficient distance to allow for the planting and growth of the hedge or similar planting and for the maintenance thereof.

(1)

The town manager may waive the requirement for fence or walls to be shielded with plant material depending on the fence or fence wall materials, or zoning district; if greater than 50 percent of the fence area is open and unobstructed when viewed at a right angle from the public right-of-way. Except as a security measure for parcels zoned public district, the vegetative screening requirement may not be waived for chainlink fences.

(2)

All chainlink fences must meet the 85 percent vegetative planting requirement at the time of installation. The town manager may waive this requirement for properties zoned public district, where the fencing is used around recreational play fields.

(3)

Any fence or fence wall requiring vegetative planting must provide or demonstrate a means of irrigation acceptable to the town at the time of installation.

(o)

Electrically charged, barbed wire or razor wire fences, or any fence or wall containing broken glass, or other substances reasonably designed to do bodily harm are prohibited.

(p)

New sections of fence being installed shall require the removal of the old sections. Old sections of fence shall not be abandoned in place.

(q)

Temporary fencing during construction is permitted and regulated in chapter 74, division 4 of the Code of Ordinances. Once a building permit is closed or becomes inactive, the temporary construction fencing shall be removed. The parcel may remain without a fence, or a permanent fence can be erected pursuant to this section, and other sections of the Code, as applicable.

(Ord. No. 399, § 1, 11-20-01; Ord. No. 523, § 1, 7-16-19; Ord. No. 578, § 1, 9-17-24)

(a)

Generally. The construction, installation, or structural alteration of any dock, pier, boat lift, or dock-related structure, which shall include the structural alteration, building, moving, projection, or prolongation of a dock, pier, boat lift or dock-related structure, or any part thereof (collectively referred to herein as dock or pier "construction") shall be regulated by the provisions of this section and must comply with all specifications prescribed by the town. All multi-use private docks shared by more than ten property owners, managed collectively, and not governed by and contained within RPD zoning districts shall be exempt from the provisions of subsections (d)(1) and (2).

(b)

Permits. No person or party may construct any type of planned or existing dock or pier located within the jurisdiction of the town without first having obtained a permit.

(1)

The owner of record of the riparian upland property upon which a dock or pier may be constructed as set forth herein, or its agent, must submit to the town building department an application for a building permit, which shall include, but shall not be limited to: plans and specifications; a survey showing precise location of the structure or structures relative to the property lines and in conjunction with adjoining lands, waters, and channels; construction contracts reflecting the cost of the proposed work and the address of the contractor authorized by the applicant to perform the proposed work; and other pertinent information which the town building department may deem necessary for review and consideration of the application.

(2)

The town building department shall review all applications and notify applicant of the building department's approval or disapproval of the dock. If the building department approves the dock, the building department shall issue a dock permit that is contingent upon the applicant securing all permits or approvals as may be required by other governmental agencies having regulatory jurisdiction over such dock or pier, including without limitation, approval from the Pinellas County Water and Navigation Control Authority ("authority").

(3)

Repairs to a private dock, together with associated mooring piles, shall require a repair permit from the town if the construction is done in the same configuration as the originally issued permit. The owner of record of the riparian upland property upon which a dock or pier is located must submit to the town building department an application for a repair permit which shall include any and all such documentation as may be required by the town building department for review and consideration of the application. Repair permits shall be effective from the date of issuance for six months and may be renewable for one additional term of one month upon the written request of the applicant at least two weeks prior to the expiration date of the permit and for justifiable cause. If no original permit can be identified, a new permit shall be required which shall be issued based upon the requirements set forth herein for new or planned docks or piers. Repairs or replacement of deck boards only do not require a permit from the town. This exemption does not apply to any support structure such as stringers, caps or floaters and all deck boards must meet the Minimum Construction Criteria required by the Pinellas County Water and Navigation Control Authority.

(4)

Prior to commencing construction or replacement of any dock or pier, any and all parties performing such work shall present to the town building department evidence that such party holds a class A general contractor's license or marine contractor's license issued by the Pinellas County Construction and Licensing Board.

(5)

Permits for dock and pier construction from the town shall be effective for six months from the date of issuance. Such permits may be renewable for one additional term of 90 days upon the written request of the applicant at least 30 days prior to the expiration date of the permit and for justifiable cause. All permits must be posted prominently and openly, in close proximity to the work for the duration of the permit or until the work is completed.

(6)

After-the-fact dock permits. Any person who undertakes to construct or structurally alter a dock without obtaining the required permit from the town shall have ten days from the date of written notice from town to file an application for an after-the-fact permit, or to remove the unpermitted structured. After-the-fact dock applications shall be subject to an application fee which is three times the amount of the standard application fee. Such after-the-fact applications and construction must comply with all the terms and conditions of this Code. If such construction does not comply with the Code, it must either be removed or repaired so as to comply with all such requirements. The town shall copy the written notice of violation to the Pinellas County Construction and Licensing Board which notice shall constitute a complaint against the contractor who performed the unpermitted work. The town's authority to enforce unpermitted construction as set forth in this Code shall apply to enforcement of this section.

(c)

Location; types of facilities. Building permits for docks and piers shall only be issued for construction of docks or piers on riparian properties zoned and used for single-family, residential dwellings (RE, R-1, R-2, RN-15, and RPD), for hotels (H), for country clubs (GC), and for public land (P). Any dock to be owned in common or used by the residents of a homeowner's association or condominium shall be referred to as "multi-use private dock." Permits for commercially zoned properties and for commercial docks, piers, and wharfs where the primary use of such structure is the collection of revenue for profit, including, but not limited to, commercial marinas, boat yards and commercial boat docking facilities, shall not be permitted. Live-aboard facilities accommodating the use of a boat as a residence shall not be permitted. The foregoing prohibition, however, shall not be construed to prohibit the use of a private dock or pier to accommodate temporary living arrangements for up to seven days within a 30-day period.

(d)

Design criteria.

(1)

a.

All docks must be constructed within the center one-third of the applicant's waterfront property. This requirement may be waived by the building official provided that the applicant submits a signed, notarized statement of no objection, from the owner of the adjacent waterfront property that the dock encroaches upon.

b.

Private docks shall be constructed so that the length of the structure shall not extend more than 50 feet measured from the waterfront.

c.

Catwalks shall have a maximum width of three feet and shall be contained entirely between the two side setbacks of the property. Mooring piles shall be constructed within the side property lines and shall be contained entirely within the dock area and the extended property line.

(2)

No single-family use dock shall be constructed to permit more than two boats to permanently dock, moor, park, store or in any other manner attach to or be placed upon the dock. For purposes of this paragraph, the term boat shall include boats, vessels or any other item which floats and is constructed to be propelled by oars, paddles, sail or motorized power. In addition to the foregoing, each dock shall be allowed to also store or have placed upon it a total of not more than two of the following boats: canoes, kayaks, non-motorized boats less than 12 feet in length, or motorized boats less than eight feet in length (this provision shall not exempt the structure from being designed and constructed for only two boats).

(3)

No roof structure will be allowed.

(e)

Construction. The construction of all docks and piers shall comply with the state building code and the minimum construction specifications required by the authority.

(f)

Disrepaired or dilapidated docks. If any dock constructed under this Code or continued in existence under this Code falls into disrepair so as to become a dangerous structure involving risks to the safety and well-being of the community or individual members thereof, such structure must either be removed or repaired so as to conform with the requirements of this Code. Upon determination by the town building department that any dock or pier has become a dangerous structure, written notice thereof shall be given by registered/certified, return receipt requested, mail or personal service to the owner of record of the riparian upland property. Such party shall have seven days from the date of service within which to secure the area and respond to the town building department indicating the intent regarding the dilapidated structure. Such party shall have an additional 60 days to remove the structure or obtain the required permits and repair such structure to conform with the requirements of this Code; the entire structure shall be brought into conformance with the requirements of this Code.

(Ord. No. 395, § 1, 8-23-00; Ord. No. 399, § 1, 11-20-01; Ord. No. 412, § 1, 3-18-03)

(a)

All seawalls shall have a permit from the county water and navigation control authority where applicable.

(b)

Replacement seawalls may be placed no further than one foot in front of the seaward face of an existing seawall as a repair or replacement of the existing seawall.

(c)

Seawalls shall not be placed upon a shoreline which generally supports wetland vegetation.

(d)

The use of seawalls or riprap to increase the usable upland area of properties shall not be allowed.

(e)

Seawalls and riprap may be located in side and rear yard setbacks and buffer areas.

(f)

Stabilization by the use of vegetation shall be required in lieu of shoreline hardening wherever possible, and it shall be the burden of the applicant to show that the vegetative option is not viable.

(g)

Where riprap is used for shoreline protection along Clearwater Harbor or adjacent to areas under jurisdiction of the state department of environmental regulation, a graded mixture shall be used. Individual pieces shall meet standards set forth by Pinellas County Water and Navigation Control Authority Regulations Section 166-359(5).

(Ord. No. 399, § 1, 11-20-01)

(a)

Hardcourt facilities shall be permitted only in side and rear yards, and shall not encroach into required building setbacks. A hardcourt facility may be installed or constructed on a vacant lot only when the vacant lot is legally bound by ownership and recorded in public records of the county as a single parcel with an abutting lot which has an existing principal structure.

(b)

Backstops, sidestops and enclosures shall not exceed 14 feet.

(c)

Backstops, enclosures and lighting fixtures shall be landscaped with a landscape standard A buffer on all sides facing an adjoining property.

(d)

Lighting for the hardcourt facility may be installed, but shall not exceed the designated maximum footcandles shown in this subsection and shall not be used between the hours of 10:00 p.m. and 8:00 a.m. throughout the year:

Maximum footcandles 30 feet from court boundary:

Horizontal footcandles: 2.89.

Footcandles with meter aimed toward brightest light: 6.97.

(Ord. No. 399, § 1, 11-20-01)

(a)

Driveway marker posts may be authorized for installation for each independent driveway entrance within the front, rear or side setback area of any residential parcel having an area of at least 18,000 square feet with a minimum lot depth of 100 feet and at least 150 feet or more of continuous length of property line abutting a public right-of-way along which the driveway marker posts are to be located. In this application, lot depth shall be measured at right angles from the property line along which the driveway marker posts are to be located.

(b)

Not more than two driveway marker posts shall be permitted for each independent driveway entrance. The total number of driveway marker posts permitted for the parcel shall not exceed four.

(c)

For homes not exceeding 20 feet in height, the following standards shall apply: No driveway marker posts shall exceed six feet in height, measured from the ground surface, nor shall the total finished plan area exceed four square feet measured in the plane of the ground surface. The straight line dimension (diagonal) crossing the plan area shall not exceed two feet ten inches. Light fixtures may be affixed to such driveway marker posts, but in no event shall the aggregate height of driveway marker posts and fixtures exceed eight feet.

(d)

For homes exceeding 20 feet in height, the following standards shall apply: No driveway marker post shall exceed seven and one-half feet in height, measured from the ground surface, nor shall the total finished plan area exceed seven and eleven-one hundredths square feet measured in the plane of the ground surface. The straight line dimension (diagonal) crossing of the plan area shall not exceed three feet ten inches. Light fixtures may be affixed to such driveway marker posts, but in no event shall the aggregate height of driveway marker posts and fixtures exceed ten feet.

(e)

If a nonfixed decorative or security gate is proposed for construction in conjunction with driveway marker posts, the posts shall be located with not more than 18 feet of distance between the face of the posts. The highest part of the gate shall not exceed the height of the driveway marker post together with installed light fixture, if any.

(f)

No marker post may be used as a sign face or a sign structure, except that the street address of the property on which marker posts are erected may be placed on surfaces of not more than two of the permitted structures. The street numbers shall not exceed seven inches in height, and shall be constructed of suitable material.

(g)

Marker posts may be constructed of any suitable construction materials. Surfaces of all accessory structures shall be finished, and the type of finish shall be shown on the permit application. The structures shall be designed for all imposed dead loads and a simultaneous direct wind load of not less than 25 pounds per square foot on the largest projected area of the structure, including attachments thereto. Lights or lighting incorporated within the posts or standards shall be as prescribed in section 74-613(b).

(h)

Driveway marker posts shall be erected not less than ten feet from the street pavement or curbline, and shall not be erected within a public right-of-way or easement.

(Ord. No. 399, § 1, 11-20-01)

(a)

Flagpoles shall be permitted for installation in all districts in front and rear yards.

(b)

Masts shall be designed for the wind loads applicable to the geographic area as defined by any and all building codes adopted by the town.

(c)

In no event shall the flag exceed the largest size flag permitted by section 74-576 when mounted at the top of the mast.

(d)

Not more than three flags or insignias may be displayed on any one parcel of land (see section 74-576(a)).

(e)

The aboveground portion of the mast shall not exceed the maximum permitted height of a structure in the applicable zoning district.

(f)

Flagpoles are to be erected not less than 15 feet from the property line, and shall not be erected on a public right-of-way or easement.

(Ord. No. 399, § 1, 11-20-01)

(a)

Light posts shall be authorized for installation within the front and rear yards of any residential parcel. Corner lots or parcels shall be treated as having two frontages.

(b)

Not more than one light post shall be permitted for installation within the front setback area.

(c)

No light post shall exceed nine feet in height.

(d)

No light posts shall be mounted on a pole or standard having a diameter in excess of six inches. Bases or materials into which the pole is mounted shall be flush with the ground.

(e)

A light post may not be used as a sign face or a sign structure, except that the house number of the property on which the light post is erected may be placed on the light pole or light fixture. The house numbers shall not exceed six inches in height and shall be constructed of suitable material.

(f)

Light posts may be constructed of any suitable construction materials. Surfaces of all accessory structures shall be finished, and the type of finish shall be shown on the permit application. The structures shall be designed for all imposed dead loads and a simultaneous direct wind load of not less than 25 pounds per square foot on the largest projected area of the structure, including attachments thereto. Lights or lighting incorporated within the post or standards shall be as prescribed in section 74-613(b).

(g)

Multiple low-intensity lights may be used for the lighting of trees and walkways located in the front and side setback areas, provided that the height of such lights, inclusive of the mounting poles, does not exceed one foot in height and provided that such lights are a part of a landscaping design composed of plants, trees and shrubs. Such lighting system may have two lights located at the entrance of a walkway which do not exceed two feet in height.

(h)

Light posts shall be erected not less than ten feet from the street pavement or curbline, and shall not be erected within a public right-of-way or easement.

(i)

No light shall be located or be of such brilliance that its spillover light on adjoining property shall exceed one-third footcandle or shine directly into neighboring dwelling structures. Spillover light shall be measured with the light meter aimed at the light source.

(Ord. No. 399, § 1, 11-20-01)

It shall be unlawful for any person to erect, keep or maintain any mailbox or receptacle for the receiving of mail, magazines or packages within the confines or limits of any setback area, street, right-of-way, public road, park or other public place within the limits of the town.

(Ord. No. 399, § 1, 11-20-01)

Where a proposed installation of an accessory structure which is the subject of this division is determined by the town manager to have a significant impact on the health, safety or welfare of the neighboring residents or the public at large, due to the uniqueness of the property or the magnitude of the proposed installation, the town manager shall have the authority to deny the permit application. No permit for construction of any structure within a front yard shall be issued where the proposed location is within the clear visibility triangle described in section 74-153(g).

(Ord. No. 399, § 1, 11-20-01)

(a)

Portable accessory structures in all residential districts. Portable accessory structures are those play structures or play equipment, including swing sets, slides, and playhouses without a permanent foundation and capable of being moved intact. Portable accessory structures shall meet the requirements for accessory structures as outlined in section 74-281 above unless such requirements are superseded by this section.

(1)

All pieces of play equipment should be installed as directed by the manufacturer's instructions and specifications of ASTM International/U.S. Consumer Product Safety Commission (ASTM/CPSC) standards. The equipment should be able to withstand the maximum anticipated forces generated by active use or high winds that might cause it to overturn, tip, slide, or move in any way.

(2)

Only one portable accessory structure shall be allowed per zoning lot.

(3)

No mechanical equipment shall be operated within or attached to the structure.

Exception: Electrical service to such play structures shall be in accordance with building code requirements.

(b)

In all residential districts, portable accessory structures shall comply with following location requirements.

(1)

No play structure shall exceed a maximum allowable height of 15 feet.

(2)

Play structures are prohibited in the primary front yard.

(3)

Play structures up to eight feet in height may be placed within the required side and rear yard setbacks.

(4)

Play structures more than eight feet in height shall be no closer than five feet to the property line.

(5)

Children's play structures that exceed ten feet in height or 150 square feet in area shall require a permit.

(Ord. No. 539, § 2, 11-2-21)

(a)

It shall be unlawful for any person to establish or engage in any mercantile or commercial enterprise, trade, calling or profession in any of the following districts: RE, R-1, R-2, RM-15, RPD, H or P, except as permitted by exception within this land development code.

(b)

No business, professional or otherwise, and no home occupation shall be carried on in any dwelling structure unless permitted by the town manager after review of a permit application.

(c)

Home occupations shall not be permitted by the town to be conducted in any residential districts as described and set forth in this land development code, unless otherwise authorized as provided in this section. Before any permit may be issued for any occupation in any residential zone, such occupation must meet each and all of the following qualifications:

(1)

The home occupation shall be conducted within the residential premises and only by the person who is licensed to do so and is a resident of the premises. The individual so licensed shall not engage any employees to assist in the home occupation.

(2)

No home occupation shall occupy more space than 20 percent of the total floor area of a residence, exclusive of any open porch, attached garage or similar space not suited for or intended to be occupied as living quarters; provided, however, in no event shall such home occupation occupy more than 300 square feet.

(3)

No signs shall be permitted to advertise the accessory use of the premises for an occupational purpose.

(4)

No chemical, mechanical or electrical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes. Machinery that causes noises audible to neighbors, or that causes interference in radio or television reception, shall be prohibited.

(5)

No goods shall be sold on the building site, and no stock in trade shall be stored on or delivered to the building site.

(6)

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front yard required pursuant to this land development code.

(7)

There shall be no alterations in the residential character of the premises in connection with such home occupation.

(8)

The following shall not be considered home occupations: Beauty shops, barbershops, dance instructors, swimming instructors, studios for group instruction, public dining facilities or tearooms, antique or gift shops, photographic studios, fortunetelling or similar activities, outdoor repair, food processing, retail sales, nursery schools or kindergartens.

(9)

The giving of individual instruction to one person at a time, such as an art or piano teacher, shall be deemed a home occupation. Individual instruction as a home occupation for those activities listed in subsection (8) of this subsection shall be prohibited.

(d)

In no case shall more than one home occupation license be issued to any person at one time.

(Ord. No. 399, § 1, 11-20-01)