(a)

The purpose of this chapter is to ensure order in the streets; secure safety from fire and flood; promote health and well-being; prevent overcrowding of land; avoid concentration of population; make easy the provision of transportation, water, sewage, parks and other public requirements; perpetuate the residential character of the city; and ensure compliance with the provisions of chapter 74 of this Code and amendments or replacements thereof.

(b)

All land use and development shall be in accordance with the city's comprehensive plan and this chapter. Where the regulations set forth in this chapter differ from the city's comprehensive plan, the more restrictive regulations shall be applied.

(c)

Actively strive to achieve and adhere to the City of Belleair Beach Strategic Plan as the guiding document for:

(1)

Mission.

(2)

Vision.

(3)

Core values.

(4)

Goals.

(Ord. No. 94-14, § 1(27-1), 9-7-1994; Ord. No. 22-01, § 2, 6-6-2022)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure the use of which is incidental to that of the main building, and which is attached to or adjacent to the main building but shall not include terrace walkways without steps or nonpermanent decorative blocks used to retain landscaping plants or trees.

Balcony means a platform that projects from the wall or on top of a building and is enclosed by a parapet or railing.

Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, chattels or property.

Building permit means an authorization from the county building department to build new construction or to alter, repair or add to existing construction.

Commercial purpose means a use for compensation including, but not limited to, the transport of persons, animals, commodities, materials, articles of trade, or the performance or tender of services.

Commercial trailer or vehicle means a trailer or vehicle which is used in a commercial enterprise, and which bears the name or firm, or identification of the purpose of the trailer or vehicle and/or a trailer or vehicle which is of the type not normally used to carry human passengers.

Commercial vehicle means a motor vehicle propelled by other than muscular power operated or intended to be operated over public streets and highways and used as a means of transporting persons or property and is used for commercial purposes including a vehicle towed by a motor-powered vehicle; or is a passenger vehicle with visible commercial lettering (excluding a small door commercial logo or decal); or is a truck, pickup truck, trailer, semi-trailer, truck-tractor, or tractor-trailer combination as defined in F.S. ch. 320; or is a moving van, delivery truck, dump truck, service vehicle, tow truck, wrecker, bus, crane, dragline, earth mover, bulldozer, backhoe, trencher or similar vehicle. The terms also include any vehicle used as a platform for a derrick, hoist, crane, compressor, tank(s), ladder racks, or similar equipment or as a means of transporting or storing a commercial vehicle. Automobiles, vans, noncommercial vehicles, noncommercial pickup trucks weighing no more than 10,000 pounds (as determined by the vehicle's registration), and other similar vehicles are specifically excluded from this definition.

Condominium means a building or complex of buildings consisting of rooms or suites of rooms which are designed for residential or rental ownership and occupation. Each separate unit shall be considered to be a condominium unit.

Deck means a flat, floored, roofless area adjoining a house, or portion thereof.

Density means the measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land area.

Dwelling, single-family, means a residential building designed for occupancy by one individual or family.

Family and family unit means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A maximum of two persons not related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family.

Fence means a hedge, masonry wall, wood, wire or plastic structure which is used or erected along a yard.

Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area.

Grade line means the same height as the highest point on the crown of the road which borders on the lot, or combination of lots, and on corner lots. Such term means the highest point on the crowns of the intersecting roads.

Gross land area, for the purpose of computing density/intensity, means that total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way.

Habitable space means any space contained within a dwelling that is occupied regularly, routinely or for a period of time, except space used exclusively for parking and/or storage.

Hedge means two or more closely and densely growing bushes or shrubs along a property or boundary line that generally obstructs a person's view through it.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to, or prevents infiltration by, stormwater. Such term includes surfaces such as compacted sand, lime rock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Impervious surface ratio (ISR) means a measure of the intensity of hard-surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area.

Living fence is a permanent hedge that is sufficiently dense so as to serve the traditional functions of a manufactured fence, especially the functions of privacy and security.

Living level means a level of a structure containing habitable space, and also means the lowest floor as defined in chapter 74, section 74-134 of the city code. The living level shall additionally be constructed in compliance with chapter 74 of the City Code.

Lot, residential low (RL) district II, means a parcel of land, including one or more contiguous lots, or portions thereof, intended for occupancy by a single-family dwelling, including the open spaces required under this chapter.

Lot, residential medium (RM) district I, means a parcel of land occupied or intended for occupancy by a building, including the open spaces required under this chapter. For the purpose of this chapter, the word "lot" means any number of contiguous lots, or portions thereof, upon which one or more structures for a single use are erected or are to be erected.

Mobile home means a vehicle which is commonly known as a mobile home, camp car, house car, house trailer, mobile trailer, recreational vehicle or similar such names. Any vehicle which contains, or is modified to include, equipment commonly used for living or sleeping purposes shall also be considered to be a mobile home under this chapter.

Manufactured building, modular building, or factory-built building means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled offsite by a manufacturer certified in conformance with F.S. § 553.36(13).

Motel means a building, or group of buildings, of rental units providing sleeping or living accommodations primarily for transients.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived.

Nonconformity (nonconforming lot, nonconforming structure or nonconforming use) means a lot, structure or use, the characteristics of which were established and lawful prior to the passage of the ordinance from which this chapter is derived.

Off-street parking space (applies only to district I) means an area located outside of the public right-of-way for the parking of automotive vehicles. Such space shall not be less than 280 square feet, which includes access drives and maneuver areas.

Open space means the portion of a lot that contains no structures or parking areas, and the areas designated for passive or active recreational use.

Public use means the use of land, buildings or structures by a municipal or other governmental agency to provide protective, administrative, social and recreational services directly to the general public, including municipal buildings, community centers, public parks/beaches and preservation tracts.

Public/semipublic use means the primary and secondary uses listed under the preservation, recreation/open space and institutional plan categories of the city plan.

Residence means any structure with sleeping and housekeeping accommodations. Living units of apartment and condominium buildings shall be considered to be residences. This term also includes such terms as "home," "house," "dwelling" and "single-family dwelling."

Residential zoning district means the boundaries of an area of the incorporated part of Belleair Beach, Florida, designated by residential zone districts classification with uniform use regulations, and includes private and public property. When streets or alleyways are used to designate boundaries, said boundaries shall be considered to be the centerline of said streets or alleyways.

Separate building means any outbuilding, including, but not limited to, garages, sheds, carports, etc., the foundation perimeter and building wall of which, up to the first lintel height (minimum of eight feet), has less than 12 feet in common with a main wall of the main building.

Setback means the minimum distance from the property lines to the outermost vertical component of a building including stairs, balconies, elevator shafts, accessory structures, or other components of a building, but not including roof eaves. On waterfront lots, the inside edge of the seawall cap shall be considered to be the rear property line. Where no seawall is erected on the property, the coastal construction setback line, as determined by the state department of environmental regulation and the Army Corps of Engineers, shall be considered the rear property line.

Stairs means any step or series of steps designed to change the elevation of the path of travel.

Start of construction means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, or any work beyond the stage of excavation. Permanent construction shall not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its pilings or foundation.

Story means the portion of a building included between the surface of any floor and the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, the ground floor of a building to the floor or ceiling above it, regardless of its composition (sand, blacktop, concrete, etc.), shall be considered the first story of the building. For the purpose of this definition, the term "floor" shall include the floor of a garage, storage or parking area. The use of any area beneath the floor of the first living level shall cause such area to be defined as a "story."

Street means all publicly owned rights-of-way, not including parking lots, dedicated to the use of vehicular traffic.

Structural alteration means any change in the supporting members of a building, such as bearing walls and partitions, columns, beams, girders or any substantial changes in the roof or exterior walls.

Structure means anything, excluding paving, constructed or erected with a fixed location on the ground, including, but not limited to, buildings, screen enclosures, swimming pools, gazebos, pergolas and trellises.

Substantial improvement means any repair, reconstruction, alteration, improvement, or combination thereof, made to a structure, which takes place within a one year period beginning on the date upon which an application for a building permit is filed with the county building department, for which the cumulative cost of the improvement equals or exceeds 50 percent of the fair market value of the structure. The fair market value of the structure shall be the appraised value of the structure at the time the initial application for a building permit is made. The fair market value shall be used during the one year period to determine whether the cumulative improvements during such one year equals or exceeds 50 percent of the fair market value. In the case of damage, the fair market value shall be the appraised value of the structure prior to the damage occurring. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. This term does not, however, include any:

(1)

Project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Trailer means a vehicle which does not have a means of self-propulsion, and which is customarily moved by being attached to an automotive vehicle.

Utility or storage shed means a simple roofed structure, typically made of wood or metal generally used as a utility storage space for equipment or tools. A utility or storage shed does not include a dock storage box or a small vertical storage locker structure.

Variance means a deviation from the minimum regulations of this chapter pertaining to lot areas, floor areas, setbacks, construction, building heights or any other regulation, except use.

(Ord. No. 94-14, § 1(27-2), 9-7-1994; Ord. No. 96-10, § 1, 8-5-1996; Ord. No. 98-16, § 1, 2-1-1999; Ord. No. 00-09, § 1, 1-8-2001; Ord. No. 03-02, § 1, 2-3-2003; Ord. No. 07-14, § 1, 12-3-2007; Ord. No. 08-01, § 1, 9-4-2008; Ord. No. 14-09, § 1, 9-8-2014; Ord. No. 18-11, § 1, 12-3-2018; Ord. No. 22-01, § 3, 6-6-2022; Ord. No. 24-02, § 2, 6-3-2024)

Cross reference— Definitions generally, § 1-2.

For the purposes of this chapter, a "change in use" means any variation from the use characteristics of the respective districts as mandated in sections 30-51, 94-132 and 94-252. Any proposed variation which falls within the scope of such definition shall be referred only to the city council for consideration. A decision by the city council to reject a proposed change in use may not be appealed to any other official agency of the city. A favorable decision by the city council shall be subject to the following:

(1)

Residential medium district I. Such added provisions, over and above the provisions of this chapter, which, in the sole opinion of the city council, arise out of the proposal. The originator of the proposal shall agree to abide by such restrictions or the proposal shall be rejected.

(2)

Residential low district II. Such added provisions and the agreement as set forth in subsection (1) of this section. Additionally, the final agreement shall be submitted to a referendum as required by the Charter.

(Ord. No. 94-14, § 1(27-17), 9-7-1994)

If any conflict between the provisions of chapter 74 and this chapter occurs, then the provisions of chapter 74, and any amendments thereto, shall prevail.

(Ord. No. 94-14, § 1(27-18), 9-7-1994)

Unless specifically prohibited by state law, all regulations of this chapter which are more restrictive than the regulations of state statutes and Code provisions shall take precedence over such state statutes and Code provisions.

(Ord. No. 94-14, § 1(27-19), 9-7-1994)

(a)

Purpose. The purpose of this section is to provide guidance for construction, alteration or repair of landscaping in a manner which reduces runoff and enhances the overall appearance of the city. For the purpose of this section, "landscaping" shall mean any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape materials (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

(b)

Implementation. Implementation of landscaping requirements reduces water consumption, reduces stormwater runoff, reduces impervious surface areas, and enhances the aesthetic appearance and value of the city, thereby promoting the public health and general welfare. Water conservation shall be achieved by the selection of appropriate plant materials, the removal of nuisance and invasive vegetation, the use of water-efficient landscaping and irrigation systems, and appropriate maintenance.

(c)

Single-family structures and multiple-family structures. Required front yards and required side yards abutting public streets shall be maintained in a permeable landscaped design, with the exception of necessary driveways, walks, patios and similar paved areas, which shall not exceed 25 percent of the required yard area for corner lots and 45 percent of the required yard area for inside lots. Facilities constructed to achieve compliance with the Americans with Disabilities Act (ADA) requirements shall be exempt from this calculation.

(d)

Land coverings. All landscaping areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other permitted materials which permits percolation. Where mulch is used it must be protected from washing out of the planting bed. Except for semi-permeable landscape fabric, plastic sheet shall not be installed under mulch, stone or gravel.

(e)

Trees. Trees which are balled and burlapped must have the burlap removed or folded down at the time of planting. All twine or rope must be removed. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used to support a tree, the wires must be covered with a protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year.

(f)

Signage and utilities. Landscaping shall be installed in a manner which minimizes conflicts between the landscaping and signage and utilities.

(g)

Parking. No parking or display of vehicles is permitted in or over any required landscaping area, nor are vehicles permitted to overhang any required landscaped area in accordance with F.S. § 316.2045.

(h)

Traffic hazards. To minimize traffic hazards at street or driveway intersections, all landscaping installations must provide an unobstructed view to adjacent property owners or the motoring public in accordance with F.S. § 316.2045.

(i)

Duty to maintain landscaping. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. Dead, declining, and diseased plant material shall be removed or replaced, except that declining or diseased plants may instead be restored to health within 30 days. Maintenance of the landscaping is the responsibility of the property owner and tenant, and the property owner and tenant shall take all reasonable steps to prevent any landscaping, including hedges and trees, from encroaching on or otherwise affecting any neighboring properties.

(j)

Unobstructed passage. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians.

(k)

Ground cover, rights-of-way. Permeable portions within the adjoining rights-of-way shall be maintained in accordance with this section. Where landscaping material is used in the right-of-way within four feet of the curb or road edge, the planting, excluding sod, shall not exceed 30 inches in height above the top of the adjacent curb, or if there is no curb, the road bed, provided that the landscaping material does not result in a hazard or impairment to public vehicular or pedestrian traffic, except as otherwise provided for in sections 22-34(b) and 50-1 of the City Code.

(l)

Mulch. The intention of these regulations is to allow mulch with a landscaping design while not allowing the entire yard to only be covered with mulch.

(1)

Installation standards. When used in lieu of other landscaping materials, organic mulch shall be placed to a minimum depth of three inches. The top level of the mulch shall not exceed the height of the immediately adjacent ground surface.

(2)

Limits on installation in rights-of-way. Organic mulch may be used in permeable areas of the right-of-way to keep moisture in the soil while other forms of approved ground cover plant material are maturing. Mulch is prohibited within four feet of the curb or road edge if there is no curb. Mulch in the right-of-way must be contained within borders sufficient to prevent flotation of mulch into the roadway.

(m)

Irrigation, existing residential properties. A permanent irrigation system is not required for existing residential properties; however, where one is installed, it shall be designed to avoid runoff, overspray or other similar conditions where water flows onto or over adjacent property, nonirrigation areas, walkways, roadways or structures. Irrigation systems shall be maintained so there are no broken irrigation heads or leaks.

(n)

Artificial turf/synthetic grass.

(1)

Minimum material standards. All artificial turf, also referred to as synthetic grass, shall comply with the following minimum standards:

a.

Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color, as approved by the building official, and shall have a minimum pile height of one and one-half (1.5) inches, unless otherwise approved by the building official, and shall have a minimum tufted weight of 56 ounces per square yard.

b.

Artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.

c.

All artificial turf shall have a minimum eight-year manufacturer's warranty that protects against color fading and a decrease in pile height.

d.

Artificial turf shall be lead free.

e.

All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test).

f.

The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited.

(2)

Installation, maintenance and repair.

a.

All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications.

b.

All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind.

c.

All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

d.

If artificial turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap.

e.

Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.

f.

Artificial turf shall be visually level, with the grain pointing in a single direction.

g.

An appropriate barrier device (e.g., concrete mow strip, bender board, brick pavers, river rock, landscaping) is required to separate artificial turf from soil and live vegetation.

h.

Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised.

i.

All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and evasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.

j.

All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be done with like for like materials from the same manufacturer, if possible, and done so in a manner that results in a repair that blends in with the existing artificial turf.

k.

An owner or applicant shall obtain a duly authorized building permit from the building department prior to the installation of any artificial turf.

l.

The city or other public entity or utility company may remove artificial turf at any time and for any reason, including, but not limited to, in order to provide underground access for utility work. The property owner shall bear and pay any and all costs to replace or reinstall the artificial turf.

(3)

Locations allowed. Artificial turf/synthetic grass shall be allowed in front, rear and side yards, but not to exceed 50 percent of the total lot area (this area is defined as the total parcel area defined as a side or rear yard minus the area of the primary structure) of the front, rear and side yards. Artificial turf/synthetic grass shall not be allowed in any front yard areas or in any area visible from the public right-of-way (regardless of whether it is in the rear or side yard), unless it is placed in between paver blocks or similar items in a manner where the area for the artificial turf does not exceed four inches in width, provided that the synthetic turf area does not exceed 50 percent of the total area using the paver blocks. Screening, as approved by the building official, may be used in order to comply with the visibility requirement, further any turf/synthetic grass placed in between paver blocks shall not count toward the 50 percent maximum amount allowed. No artificial turf shall be installed in the public right-of-way.

(4)

Existing artificial turf. For those properties where artificial turf is currently installed that is not in compliance with this section, when the existing artificial turf is replaced or repaired, in an amount exceeding 50 percent, then compliance with this section shall be required. Further, all existing artificial turf, not in compliance with this section, must be replaced within ten years of the adoption of this section.

(5)

Pervious area. Artificial turf shall be considered as 100% pervious area.

(Ord. No. 14-09, § 2, 9-8-2014; Ord. No. 18-11, § 2, 12-3-2018; Ord. No. 22-01, § 4, 6-6-2022)

(a)

The construction, alteration or repair of landscaping shall not be commenced within the city before a landscape permit has been obtained from the city and in accordance with article III of chapter 62.

(b)

A permit shall not be required to be obtained for the following types of building activities:

(1)

The construction of landscaping does not alter lot grade, construct mounds, obstruction of stormwater flow or cause adverse impact of stormwater flow to adjacent properties.

(2)

Exterior landscaping modifications, provided precautions are taken to avoid storm drain system contamination.

(3)

Permits shall be required for all other activities which are otherwise required by the appropriate codes.

(c)

A violation of subsection (a) and (b) shall be enforced by the person designated by the city manager, communities services department and city engineer who is authorized to issue a "stop work order" until the property owner or contractor obtains proper permits from the city or county, or to cite the violator for a code violation.

(Ord. No. 14-09, § 3, 9-8-2014)

(a)

Stop-work order; revocation of permit. In the event that any person holding a landscaping permit pursuant to this article violates the terms of the permit or implements landscaping in such manner as to cause erosion, sediment or runoff that adversely or materially affects the stormwater drainage system or the waters or tributaries in or around the city, the person designated by the city manager, communities services department and city engineer may suspend or revoke the landscaping permit.

(b)

Violation and penalties. Any person who violates the provisions of this article or any order issued by the community services department suspending or revoking a landscaping permit shall be guilty of a civil infraction punishable in accordance with the provisions section 2-262 of the City Code. Any continued violation of the provisions of this article shall constitute a criminal violation punishable in accordance with the provisions of section 1-15 of the City Code. In addition, a court of competent jurisdiction may order the violator to pay restitution for or to repair any damage caused by a violation of this article.

(Ord. No. 14-09, § 4, 9-8-2014; Ord. No. 22-01, § 5, 6-6-2022)