The intent of this article is to eliminate separate zoning district designations; adopt the land use designations as outlined in the state approved comprehensive plan; and supplant the existing zoning classifications. All land uses within the city shall be governed by the definitions, descriptions and categories described in this article effective on and after the date of enactment of the ordinance from which this article is derived.

(Ord. No. 94-14, § 1(27-3), 9-7-1994)

(a)

For the purposes of this article, the city is divided into land use categories as provided in this article.

(b)

The boundaries of such land use categories are established as shown on a map entitled, "Future Land Use Plan of Belleair Beach, Florida," which is on file in the office of the city clerk. Such plan, with all explanatory matter, shall be deemed to accompany, be and is a part of this article. There shall be no changes of any nature made on the official future land use plan map, except changes made under the provisions of law governing changes in land use.

(c)

There shall be no structure or land located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations.

(Ord. No. 94-14, § 1(27-3), 9-7-1994)

The city is divided into five land use categories which are designated as follows:

(1)

Residential low (RL) district II, 4.0 units per acre.

(2)

Residential medium (RM) district I, 15.0 units per acre.

(3)

Recreation/open space.

(4)

Institutional.

(5)

Preservation.

CITY OF BELLEAIR BEACH CONSISTENCY MATRIX

X = Consistent with comprehensive plan

Blank = Not consistent with comprehensive plan

(Ord. No. 94-14, § 1(27-3), 9-7-1994; Ord. No. 07-14, § 2, 12-3-2007)

The following shall apply where uncertainty exists with respect to the boundaries of any of the zoning districts of the city as shown on the future land use plan map:

(1)

Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way of highways, such lines shall be construed to be the district boundaries.

(2)

Where district boundaries are indicated so that they are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel to such lines and at such distance from such lines as indicated on the land use map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the land use map.

(3)

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be the boundaries.

(4)

Where the boundary of a district follows a body of water, such boundary line shall be construed to be at the limit of the jurisdiction of the city, unless otherwise indicated.

(5)

Any area within the corporate limits of the city which is underwater and is not shown as being included within any district shall be subject to all of the regulations of the district which immediately joins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

(6)

Any area shown on the land use maps as water, street or right-of-way shall be subject to the land use regulations of the district in which it is located. However, submerged land shall not be used to calculate the permitted density or intensity of the site. In case of doubt, the land use regulations of the most restrictive adjoining district shall govern.

(7)

Where property has not been specifically included within a district, or where territory has become a part of the city by annexation, such property or territory shall automatically be classified as lying and being in the residential low district II until such classification shall be changed by an amendment to this article, as provided by law.

(8)

Whenever a street, alley or other public way is vacated in the manner authorized by law, the land use district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall be subject to all regulations of the extended districts.

(Ord. No. 94-14, § 1(27-3), 9-7-1994)

(a)

Residential medium (RM) district I. District I is zoned for multifamily use, and the use of buildings shall be for residences with a density of not more than 15 individual family units per acre. One group home residence consisting of a family unit not to exceed eight persons may be constructed for developmentally disabled persons, dependent children and the elderly. There shall be no more than one group home residence per one-half square mile within such district. The maximum floor area ratio (FAR) permitted within this district shall be 0.50, and the maximum impervious surface ratio (ISR) permitted shall be 0.75. This district shall include the areas designated as residential medium (RM) on the future land use map.

(b)

Residential low (RL) district II. Except for city-owned real property, district II shall be designated for residential use only, and the use of all buildings shall be for single-family dwellings. The maximum floor area ratio (FAR) permitted within this district shall be 0.40, and the maximum impervious surface ratio (ISR) permitted shall be 0.65. This district shall include the areas designated as residential low (RL) on the future land use map.

(c)

Institutional land use district. The institutional land use district is created to depict the areas of the city that are used, or appropriate to be used, for public/semipublic institutional purposes. Permitted uses within this district shall include government offices and facilities, public parking, schools, parks and utility substations. Development within such district shall meet all code requirements, and be consistent with the comprehensive plan. The maximum floor area ratio (FAR) permitted within this district shall be 0.65, and the maximum impervious surface ratio (ISR) permitted shall be 0.85. The setbacks permitted within this district shall be 15 feet measured from the front lot line to the building line; five feet measured from the side lot line to the building line; and five feet measured from the rear lot line to the building line. This district shall include the areas designated as institutional on the future land use map.

(d)

Recreation/open space land use district. The recreation/open space district is created to depict the areas of the city that are used, or appropriate to be used, for recreation/open space uses. Permitted uses within this district shall include parks, beaches and beach accesses, and public recreation facilities. The maximum floor area ratio (FAR) permitted within this district shall be 0.25, and the maximum impervious surface ratio (ISR) permitted shall be 0.60. This district shall include the areas designated as recreation/open space on the future land use map.

(e)

Preservation land use district. The preservation district is created to depict the areas of the city that are characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation, and the significance of preserving such major environmental features and their ecological functions is recognized. Any structure placed on property within a preservation district by the city shall have a maximum floor area ratio (FAR) of 0.10, and a maximum impervious surface ratio (ISR) of 0.20.

(Ord. No. 94-14, § 1(27-3), 9-7-1994; Ord. No. 07-14, § 3, 12-3-2007; Ord. No. 08-08. § 1, 11-3-2008; Ord. No. 18-11, § 4, 12-3-2018)

The residential medium (RM) district I is zoned for multifamily use, and the use of buildings shall be for residences with a density of not more than 15 individual family units per acre. One group home residence consisting of a family unit not to exceed eight persons may be constructed for levels or an uninhabitable story beneath no more than two living levels. The lowest floor of the building shall be elevated a minimum of 18 inches above the grade line. The building height shall not exceed 35 feet above the base flood elevation plus one foot measured to the highest point of the roof, excluding vent pipes, roof ventilators, elevator shaft extensions limited to eight feet in height, air conditioning units and such decorations as chimneys, cupolas, etc., provided no height extension (i.e., cupola) shall be used as a habitable space and provided, no plumbing or electric shall be allowed after the 35-foot height restriction. Collateral structures, such as swimming pools, pump houses or gate houses, shall also be permitted, provided such structures conform with the design of the main building and do not violate any of the other provisions of this chapter. Buildings shall not exceed 180 feet in length and shall not approach closer than 20 feet to another building on the same plot.

(Ord. No. 94-14, § 1(27-4(a)), 9-7-1994; Ord. No. 01-09, § 1(27-4), 8-6-2001; Ord. No. 22-01, § 8, 6-6-2022; Ord. No. 25-01, § 2, 2-3-2025)

Condominium units within the RM district I shall contain a minimum of 800 square feet of living area per unit.

(Ord. No. 94-14, § 1(27-4(b)), 9-7-1994)

(a)

Any building or other structure within the RM district I shall, at the time of construction and thereafter, be in compliance with the provisions of the Florida Fire Prevention Code and the Florida Building Code provisions pertaining to fire standpipes, fire pumps, fire sprinkler systems, fire hydrants and other fire safety devices required by law.

(b)

The district fire marshal shall be responsible for strict compliance with the provisions of the Florida Fire Prevention Code and Chapter 26 of this Code, including modification of existing fire prevention, fire suppression and fire safety systems of all buildings and structures in RM district I. The city's building official shall be responsible for compliance with the provisions of the Florida Building Code pertaining to fire safety issues on new or modified construction of all buildings and structures in RM district I.

(Ord. No. 94-14, § 1(27-4(c)), 9-7-1994; Ord. No. 09-11, § 1, 2-1-2010)

Condominiums or groups of such buildings within the RM district I shall be designed so that construction of such buildings shall not exceed 15 individual family units per acre. For the purposes of this section, the total square footage of the property (measured from sideline to sideline and front line to the seawalls) shall be used to determine its ratio to the permitted maximum of 15 units per acre. Decimal results shall be rounded to the next lower whole number.

(Ord. No. 94-14, § 1(27-4(d)), 9-7-1994)

In the RM district I, the minimum width of a lot shall be 80 feet. Side setbacks on individual lots and on combined lots shall be in accordance with the schedule set forth in the table in this section. Setbacks for intermediate width sizes not shown in such schedule shall be determined by interpolation, and for combined lots in excess of a 320-foot lot by 0.094 of a foot for each foot of excess width. (Example: For a two-story building on a 360-foot lot: 0.094 (360−320) + 37.5 = 41.26-foot setback each side.)

SCHEDULE OF SIDE SETBACKS—RM DISTRICT I

(Ord. No. 94-14, § 1(27-4(e)), 9-7-1994)

Within the RM district I, west boundary setbacks shall be a minimum of 30 feet from the innermost point of the seawall cap.

(Ord. No. 94-14, § 1(27-4(f)), 9-7-1994)

Within the RM district I, east boundary setbacks shall be a minimum of 40 feet from the west line of the Gulf Boulevard right-of-way.

(Ord. No. 94-14, § 1(27-4(g)), 9-7-1994)

(a)

Within the RM district I, all lots shall be graded to the street and the top of the seawall at minimum grades of one percent. Three-fourths of the drainage area shall drain to or through the seawall by the use of underground piping. Open culverts or gratings at ground level at the top of the seawall shall not be permitted.

(b)

Grading within the last three feet along the side lot lines shall be limited to a maximum of a two percent grade, provided, the adjacent lot lines are not in excess of a two percent grade, in which case, the grading of the adjacent lot line may be matched.

(c)

When normal grading along a lot line may cause a drainage difficulty to adjacent lots because of existing topographical features, the community services department and the city engineer shall be empowered to work out a reasonable compromise and enforce such compromise on the builder.

(d)

Grading shall be from the rear to front, front to rear, or, the middle to front and rear, and not to the sides.

(Ord. No. 94-14, § 1(27-4(h)), 9-7-1994; Ord. No. 14-09, § 6, 9-8-2014)

(a)

In general. Within the RM district I:

(1)

The parking of cars, boats, boat trailers, etc., shall be limited to off-street parking areas.

(2)

Condominium units shall be responsible for policing their own parking areas. The city shall not assume responsibility for the displacement of automobiles by boats, etc., which are occupying spaces originally reserved for automobiles.

(3)

All off-street parking areas shall be paved. The use of permeable materials (i.e., geoweb, turfblock, etc.) may be utilized.

(4)

Boats and boat trailers may be parked on private property so as not to interfere with access for fire equipment and in accordance with rules established by management, if appropriate. Boats and boat trailers shall not be parked on the right-of-way adjoining Gulf Boulevard.

(b)

Condominiums. Parking for condominiums within the RM district I shall be as follows:

(1)

A minimum of one parking space for residents shall be provided for each condominium unit.

(2)

A minimum of one parking space shall be provided for each two condominium units for visitors or residents.

(3)

A minimum of one parking space shall be provided for service and maintenance vehicles for each condominium building within each condominium complex.

(4)

Each parking space shall be marked and shall be a minimum of nine feet in width and 20 feet in length.

These areas shall be considered as part of the area specified for off-street parking spaces. However, the 180 square feet of parking space contained within the nine-foot by 20-foot parking area specified in subsection (b)(4) of this section shall be considered as a portion of the 280 square feet specified for off-street parking spaces.

(Ord. No. 94-14, § 1(27-4(i), (j)), 9-7-1994)

Within the RM district I, one living unit of a condominium or apartment building may be used as a combination sales office and model unit until such time as all living units within the condominium or apartment building are sold or rented.

(Ord. No. 94-14, § 1(27-4(k)), 9-7-1994)

Within the RM district I, power, telephone and other wiring shall be located underground.

(Ord. No. 94-14, § 1(27-4(l)), 9-7-1994)

Cross reference— Utilities, ch. 62.

(a)

Within the RM district I, fences shall be permitted along the street and side lot lines to a maximum height of six feet. Manmade fences shall be permitted to incorporate ornamental entrance posts or pillars and ornamental structural posts or pillars between sections of the fence. Such posts or pillars shall be permitted to rise a maximum of 18 inches above the top level of the fence proper; however, such posts or pillars shall not be closer than six feet apart, except for gate posts or pillars, if necessary.

(b)

Living fences shall be permitted within the RM district I to incorporate plants commonly known as "ornamentals" or "specimen plants" and such plantings shall be permitted to grow to their normal heights; however, a grouping of such plants constituting a fence above the maximum allowed heights shall be permitted. Ornamentals and specimen plants are commonly plants that are considered more decorative due to their flowers, foliage, bark or form. A fence shall also be permitted on, but not beyond, the waterfront facing side of the seawall cap, to a height of 48 inches. Living fences shall be maintained so as to not exceed the specified heights by more than six inches. Heights of fences shall be measured from the existing grade at the fence location.

(Ord. No. 94-14, § 1(27-4(m)), 9-7-1994; Ord. No. 18-11, § 6, 12-3-2018; Ord. No. 24-04, § 2, 6-3-2024)

Within the RM district I, compressor units for central heating or air conditioning units may be placed where desired, including the roof, but shall be concealed from view at eye level on Gulf Boulevard.

(Ord. No. 94-14, § 1(27-4(n)), 9-7-1994)

Within the RM district I, access to the property over the Gulf Boulevard and Causeway Boulevard rights-of-way refer to the county code for county requirements.

(Ord. No. 94-14, § 1(27-4(o)), 9-7-1994)

Editor's note— Section 4 of Ord. No. 07-14, adopted Dec. 3, 2007, repealed § 94-175, floor area ratios and impervious surface ratios, which derived from Ord. No. 94-14, adopted Sept. 7, 1994; Ord. No. 00-09, adopted Jan. 8, 2001; and Ord. No. 01-06, adopted June 18, 2001.

(a)

Within the residential low (RL) district II, premises or buildings shall not be used or occupied, and no buildings shall be erected or structurally altered, except as set forth in this division.

(b)

Mobile homes as defined by F.S. § 553.36(14) shall not be permitted to be erected within the corporate limits of the city.

(c)

Modular housing may be erected within the corporate limits of the city provided any such housing meets all of the requirements of the Belleair Beach City Code and the Florida Building Code.

(Ord. No. 94-14, § 1(27-5(intro. ¶)), 9-7-1994; Ord. No. 13-03, § 1, 6-3-2013)

Table I, which is attached to this article, contains a list of all of the various named subdivisions in RL district II, areas designated residential low (RL), and indicates data for building one-story and two-story single-family dwellings on individual lots, including minimum living square foot area and building setback requirements. Lots in areas designated as residential low shall not be reduced in size from that currently platted. If lots are combined for building on larger lots, no building is permitted on any residual partial lot.

(Ord. No. 94-14, § 1(27-5(a)), 9-7-1994)

The following lots, located in the RL district II, but not located in named subdivisions, shall be subject to the same zoning regulations as set forth in table I, attached to this article, for Belleair Beach Subdivision, unit A:

(1)

The three lots west of lot 1, block 2 on First Street;

(2)

The two lots west of lot 2, block 2 on Second Street;

(3)

The last lot west of lot 3, block 6 on Sixth Street;

(4)

The lot west of lot 3, block 7 on Seventh Street.

(Ord. No. 94-14, § 1(27-5(b)), 9-7-1994)

The unnumbered waterfront lot located north of Belleair Beach Subdivision, unit E, plot C, between Morgan Drive and Howard Drive on Hibiscus Drive, is listed in table I, attached to this article, as "water lot A," and is subject to the zoning regulations of set forth in this division for RL district II. The unnumbered strips of land on the east side of Hibiscus Drive West between Morgan Drive and Belle Isle Avenue (formerly Pine Valley Avenue) are each permitted to have one dock, but no other construction shall be permitted.

(Ord. No. 94-14, § 1(27-5(c)), 9-7-1994)

Within the RL district II, buildings may be of masonry construction, except as otherwise provided in section 94-206. When masonry construction is used, all tie beams shall be formed and poured, and any exception to such requirement shall be approved by a registered construction or structural engineer licensed by the state. Such masonry construction limitation shall not apply to masonry fences, screens or decorative elements which are not a part of the main construction.

(Ord. No. 94-14, § 1(27-5(d)), 9-7-1994)

Within the RL district II, any story below the base flood elevation established by the federal flood program shall be considered the first story, and shall be required to comply with the provisions of chapter 74 of this Code. Any story constructed totally above the base flood elevation may be constructed with acceptable types of construction as designed by a registered structural engineer or architect licensed by the state. In such cases where the first story is constructed of frame, the certificate of occupancy shall designate the house as a frame house. Inside entrances shall be built to comply with standard building codes and to meet required fire ratings. Inside entrances below the first living level are not part of the habitable area; therefor, such entrances are not in conflict with flood height restrictions.

(Ord. No. 94-14, § 1(27-5(e)), 9-7-1994)

Within the RL district II, a single-family residence shall not be constructed unless the plumbing in such residence is designed to facilitate the future installation of solar water heating equipment in accordance with F.S. § 553.065.

(Ord. No. 94-14, § 1(27-5(f)), 9-7-1994)

Within the RL district II, the setbacks as shown in table I, as set forth in this division, are subject to the following modifications:

(1)

When more than one adjacent lot, or portions of lots, are combined, the minimum side setbacks shall be equal to the ratio of the existing setback proportional to the frontage footage of the existing lot:

In no case shall the side setbacks for any lot be less than the setbacks as set forth in table I, of this division.

(2)

On all corner lots, the front setback footage shown in table I, as set forth in this division, shall apply to both streets which abut the property.

(3)

For corner lots, the side and rear setback lines shall be the smaller of the two as set forth in table I, of this division, for both the side and rear.

(4)

To qualify for the modifications of the setback provisions as set forth in table I, of this division, the multiple lots shall be assigned one parcel number by the Pinellas County Property Appraiser.

(5)

Only one single-family dwelling shall be permitted to be erected on combined adjacent lots or combined portions of a lot within RL district II; provided, that the lots are platted in the subdivisions identified in table I, of this division.

(Ord. No. 94-14, § 1(27-5(g)), 9-7-1994; Ord. No. 97-13, § 1, 8-4-1997; Ord. No. 04-12, § 1, 12-6-2004)

Within the RL district II, all residences shall comply with the elevation requirements as set forth in chapter 74 of this Code. Three habitable stories may be constructed alongside a garage or storage area. Alternatively, two habitable stories may be constructed over a garage or storage area. No residence shall be constructed that exceeds three stories. The elevation required by the Florida Building Code is base flood elevation plus one foot. The garage floor shall be a minimum of 24 inches above the crown of the road. All residences shall not exceed a height of 35 feet, as measured from the base flood elevation plus one foot to the highest point of the roof. Permitted exceptions to the height regulations set forth in this section are chimneys, cupolas and similar decorations, provided no height extension (i.e., cupola) shall be used as a habitable space, and, provided, no plumbing or electric service shall be allowed after the 35-foot height restriction. Variances to the provisions of this section shall not be requested or granted.

(Ord. No. 94-14, § 1(27-5(h)), 9-7-1994; Ord. No. 99-13, § 1(27-5(h)), 10-4-1999; Ord. No. 25-01, § 3, 2-3-2025)

(a)

Within the RL district II, a separate building or buildings designed to be separate, as defined in section 94-2 of the Code, shall not be erected on any lot or plot. This prohibition shall not be evaded or avoided by joining a separate building through an extension of the main roof or any main wall by a use of trellis or other such devices. Additions or improvements shall be compatible in style, architecture and materials with the existing building, and shall conform to all of the provisions of this chapter and the Florida Building Code as amended for a dwelling structure.

(b)

Notwithstanding the definition and limitations set forth in section 94-2 of the Code pertaining to separate buildings, a utility or storage shed may be erected in RL district II, provided it is constructed, erected or installed with a concrete base of not more than 100 square feet and not more than eight feet eight inches in height; and further provided that the utility or storage shed is anchored to the base in such fashion as to sustain wind velocity of 135 miles per hour.

(c)

No shed shall be erected within the city unless the property owner first obtains a construction permit from the building official.

(d)

In no event shall there be more than one utility or storage shed with a base area of 100 square feet or less constructed, erected or installed on any residential property in RL district II.

(e)

A utility or storage shed shall conform to all setback requirements for buildings permitted to be constructed on the property, and shall not be erected in the front of any property or building or within any easement or right-of-way.

(f)

A utility or storage shed erected pursuant to this section shall not be visible from the front of a dwelling.

(g)

The provisions of this section shall not apply to a small dock box erected on any dock within the city or a small pool box installed to store pool supplies with a base of no more than ten square feet and a height of no more than three feet; provided, however, that the dock box or pool box is anchored to its base with lag bolts or similar fasteners.

(h)

Any utility or storage shed erected prior to the enactment of section 94-210(b) through (f) and without a permit in violation of the City Code shall come into conformity or be removed within six months of the effective date of this section.

(Ord. No. 94-14, § 1(27-5(i)), 9-7-1994; Ord. No. 03-09, § 1, 1-5-2004; Ord. No. 04-02, § 1, 10-27-2004; Ord. No. 18-01, § 1, 3-5-2018; Ord. No. 18-11, § 7, 12-3-2018; Ord. No. 18-11A, § 1, 1-7-2019)

Editor's note— Ord. No. 18-11, § 8, adopted December 3, 2018, repealed § 94-211, which pertained to housekeeping facilities and derived from Ord. No. 94-14, adopted September 7, 1994.

Within the RL district II, all dwellings shall incorporate a provision for an integral enclosed automobile storage space. The garage area shall be a two-car garage, no less than 440 square feet in size for a residence with 2,500 square feet or less of living area, and a three-car garage, no less than 620 square feet in size for a residence exceeding 2,500 square feet of living area. The garage shall have either two doors, no less than eight feet in width or one door, no less than 16 feet in width, which shall have direct access to a street or road. The provisions of this section shall not apply to existing homes where the interior garage walls are not altered, and shall only be applicable when the total cost of remodeling exceeds 50 percent of the current market value of the existing structure.

(Ord. No. 94-14, § 1(27-5(k)), 9-7-1994; Ord. No. 98-01, § 1, 3-2-1998; Ord. No. 98-02, § 1, 6-1-1998; Ord. No. 99-09, § 1, 8-16-1999)

(a)

Within RL district II, residential homes may be rented, leased or otherwise occupied through a rental agreement with the registered owner(s) on a periodic basis from time to time for not less than a three-month occupancy period. An individual portion of a single-family home shall not be rented, leased, or otherwise occupied by a rental agreement with the registered owner(s) on a periodic basis as a separate part of the family unit.

(b)

When owner(s) of residential property enters into a rental agreement, whether once or on a continuing basis, the owner(s) shall register the home at city hall. Each new tenant shall be registered at the start of the rental term and termination thereof. Not more than one family unit shall occupy one dwelling unit at a time.

(c)

For the purpose of this section, the definition of rental agreement shall mean any agreement whereby a person is entitled to occupy a residential property for a specified period of time. Without limiting the foregoing, such agreements may take the form of an oral or written lease between an owner and another party, or among multiple owners. Any person(s) engaged by a property owner for the purpose of house sitting or pet sitting shall not constitute a rental agreement. Consideration is not a requisite for an agreement to constitute a rental occupancy.

(Ord. No. 94-14, § 1(27-5(m)), 9-7-1994; Ord. No. 08-03, § 1, 5-5-2008)

(a)

Within the RL district II, residential waterfront property shall be limited to the construction and maintenance of one dock or pier. If two lots are combined, either in whole or in part, the resulting property shall be limited to one dock. Where the same property owner owns two or more adjacent lots, the combined properties shall be limited to the construction and maintenance of one dock. If a property owner owns two or more adjacent properties and maintains each property as a completely separate residence, then each property shall be allowed one dock or pier.

(b)

Tie poles, boatlifts, docks and catwalks on a dock shall be placed no closer than 12 feet from the projection to any side property lines of the property.

(c)

Any vessel moored at a residential dock shall be no less than 12 feet from the projection to any side property line of the property.

(d)

All docks constructed in the city shall be perpendicular to the rear property line of the property. A dock or tie poles constructed or erected on a corner lot shall be erected in the following manner: From the intersection point of the subject property's rear lot line and the adjacent property rear lot line, a line shall be drawn which bisects the deflection angle formed by the two rear lot lines. This line shall be extended out into the water to either the point of intersection with the line extended from the subject property's other rear corner or to a point beyond the proposed structure (dock or tie poles). Required setbacks shall be measured from such extended lot line. Any hardship created by the provision of this subsection may be considered by the board of adjustment upon petition by a property owner, but in no event shall a dock or tie poles be erected so as to encroach upon or cross the extended side property lines.

(e)

Any property owner desiring to construct a dock or tie poles shall obtain the required permits and approval from the county or other regulatory agencies with jurisdiction over the construction of docks and tie poles in the navigable waters in the county.

(f)

Docks shall not be designed or constructed to accommodate more than two boats in or above the water by any means (e.g. slips, davits, lifts, tie poles) exclusive of water skis, jet skis, kayaks and other personal watercraft.

(g)

The renting of docks, dock space, or moorings, and the rental of boats or any portion thereof, for any purpose whatsoever shall be specifically prohibited in RL district II except as part of a contract or lease to rent an entire residential property.

(Ord. No. 94-14, § 1(27-5(m)), 9-7-1994; Ord. No. 00-09, § 3, 1-8-2001; Ord. No. 18-11, § 9, 12-3-2018)

(a)

Within the RL district II, lots shall be graded at a minimum rate of one percent; however, the owner shall be required to construct a masonry retaining wall at the property line of the property when and to the extent grading causes the adjoining property to be higher or lower and may cause drainage problems. The height of any such retaining wall shall comply with fence restrictions otherwise set forth in this Code.

(b)

When modifications are made to a structure which adversely affects drainage from the land, the city may require a retaining wall to be built to prevent drainage problems to an adjoining property.

(c)

Landlocked lots shall be graded from the rear to the front. Waterfront lots shall be graded from front to rear, rear to front or to both the rear and front from the middle.

(d)

A drainage plan, prepared by a registered civil engineer or architect, shall be required for all property in this zoning district prior to construction of any building thereon.

(Ord. No. 94-14, § 1(27-5(o)), 9-7-1994; Ord. No. 02-08, § 1, 7-29-2002)

Editor's note— Ord. No. 18-11, § 10, adopted December 3, 2018, repealed § 94-216, which pertained to fences and derived from Ord. No. 94-14, adopted September 7, 1994.

(a)

Mobile homes. Within the RL district II, outdoor parking of a mobile home, camp car, house car, house trailer, mobile trailer, recreational vehicle or any vehicle which contains or is modified to include equipment commonly used for living or sleeping purposes shall be permitted, but shall be subject to the following restrictions:

(1)

Such vehicle shall be parked in the resident's driveway.

(2)

Such vehicle shall not be used for living or sleeping purposes by humans.

(3)

Such vehicle shall not be used for the housing of animals or other living creatures.

(4)

Such vehicle shall not be in use as a commercial use.

(5)

Such vehicle shall be removed before 24 hours have elapsed since the time such vehicle was initially parked and shall not be permitted to park again in the same or another resident's driveway until seven calendar days have elapsed from the time of the initial parking of such vehicle. For example, if a person initially parks a mobile home at 8:00 a.m. on the tenth day of the month, any person may remove the mobile home and return at any time during the next 24 hours but must remove such mobile home by 8:00 a.m. on the 11th day of the month and shall not repark the mobile home in the same or another resident's driveway until 8:00 a.m. on the 18th day of the month. An exception shall be granted to the provisions of this subsection for residents of the city to allow such residents a maximum of 72 hours for preparation and loading of their mobile homes prior to departing on a trip. A similar exception shall be granted for residents of the city to allow such residents a maximum of 72 hours upon returning from a trip within which to unload and prepare their mobile home for storage, provided, either of such exceptions shall be granted only upon the resident informing the city staff in advance of their intention to park the mobile home for more than 24 hours in the resident's driveway for either of the purposes stated in this subsection. No more than three exceptions shall be granted for the preparation for departure on a trip, nor more than three exceptions for unloading and storage procedures upon return from a trip shall be granted in any one calendar year to any city resident. Bona fide house guests of city residents shall be allowed to park their mobile homes in the driveway of the resident beyond the 24 consecutive hour limit only if the resident of the property obtains a special parking permit to park up to a total of five consecutive days, except during the Christmas and Easter holidays when a maximum of seven consecutive days may be authorized. During the time the mobile home is temporarily parked upon the residential property, it shall not be used for living or sleeping purposes by any human being or other living creature. Parking permits shall be obtained during normal operating hours of the city; therefor, if a guest arrives during the weekend, the permit shall be obtained during the first working day following such weekend. Expiration of the permit will be based on the date of arrival of the guest. A resident may be authorized no more than three such permits in any one calendar year.

(b)

Boats and trailers. Parking of boats and trailers within the RL district II shall be as follows:

(1)

Outside parking of one registered and tagged boat and boat trailer or noncommercial utility trailer owned by the property owner or tenant shall be authorized along the side of a house and in the rear for landlocked lots, provided the boat, boat trailer or utility trailer is obscured from view by an adjacent property owner by the use of a fence or a living fence in a manner consistent with this Code. Parking of a boat and boat trailer or utility trailer is prohibited in the front of a house, except for cleaning or temporary loading and unloading.

(2)

The temporary parking of a boat in a residential driveway shall be permitted for a period of two nonconsecutive nights in any calendar month not to exceed 12 times per calendar year for the purpose of washing, cleaning, preparing for sailing or detailing the vessel, provided that

a.

The owner or custodian of the boat must first obtain a permit from the city manager, which shall be clearly displayed so as to be seen from the street.

b.

Making repairs to any boat or boat engine while parked in a driveway is prohibited.

c.

The person performing washing, cleaning, preparing for sailing or detailing of the boat shall take reasonable precautions to reduce or eliminate any chemicals used for cleaning purposes from being flushed into the city's storm water system.

d.

Any boat parked in a driveway pursuant to this subsection shall not impede a sidewalk or roadway.

(3)

Outside parking of commercial utility trailers shall be prohibited.

(4)

No boat, owned by the property owner or tenant, may be parked in a residential driveway during the time the boat is being offered for sale.

(c)

Exceptions. An exception to the parking regulations set forth in subsection (b) of this section shall be granted to any trailer or similar vehicle actually used in conjunction with construction. The exempt trailer or similar vehicle shall be promptly removed when its use is no longer required in such construction.

(Ord. No. 94-14, § 1(27-5(q), (r)), 9-7-1994; Ord. No. 97-18, § 1(27-5), 12-1-1997; Ord. No. 00-09, § 3, 1-8-2001; Ord. No. 13-01, § 1, 3-4-2013; Ord. No. 18-11, § 11, 12-3-2018; Ord. No. 22-01, § 9, 6-6-2022)

(a)

Within the RL district II, all new and replacement air conditioner and condenser unit installations may encroach up to a maximum of four feet within the required setback limits. Provisions shall be made to reduce the noise generated by an air conditioner or condenser unit to a level not to exceed 60 dB(A), when measured from the nearest property line or the nearest bedroom window of an adjacent property structure, by means of unit selection, baffling or interior installation. Further, all new or replacement air conditioner units shall be concealed from public view by vegetation or decorative structure, but may not be located in the front of a structure.

(b)

The provisions of subsection (a) of this section shall apply to all outside, fixed mechanical equipment to include swimming, spa or jacuzzi water pumps and heaters.

(Ord. No. 94-14, § 1(27-5(s)), 9-7-1994; Ord. No. 95-11, § 1, 11-6-1995; Ord. No. 97-07, § 1, 6-2-1997; Ord. No. 01-13, § 2(27-5(r)), 1-7-2002)

Within the RL district II, regardless of composition, decks and balconies shall be erected as follows:

(1)

For single-story dwellings, decks and balconies shall be erected at a maximum height equal to the ceiling level of the highest habitable level of such dwelling; and

(2)

For two-story dwellings, decks and balconies shall be erected at a maximum height equal to the floor level of the highest habitable level of such dwelling.

(Ord. No. 94-14, § 1(27-5(t)), 9-7-1994)

Within the residential low (RL) district II, the following minimum living areas and minimum house setbacks are established to be:

TABLE I

 * The term "living area" is defined as all enclosed areas of a dwelling, except garages, porches, facades and patios.

** House setback may be subject to modifications under certain circumstances (see division 3 of this article).

Exception: The rear and interior side setbacks for certain corner lots of the same size or smaller than interior lots of a subdivision as hereinafter below listed are reduced to five feet from the side and rear setbacks set forth above for the lots enumerated hereinafter, to wit:

BELLEAIR BEACH SUBDIVISION UNIT A

BELLEAIR BEACH SUBDIVISION UNIT C, BLOCK 2, LOT C,
BELLEAIR BEACH SUBDIVISION UNIT D

BELLEAIR BEACH SUBDIVISION UNIT D

BELLEAIR BEACH SUBDIVISION UNIT E

BELLEAIR BEACH YACHT CLUB ESTATES UNIT C

BELLEVUE ESTATES

BELLEVUE ESTATES, SECOND ADDITION

BELLE ISLE SUBDIVISION

HOWARD ESTATES

Southeast corner of Gulf Boulevard and Seventh Street, metes and bounds.

The term "interior-side setbacks" shall be deemed to mean a setback for a side yard that abuts another lot.

The above exemptions shall not permit a structure to be placed in a platted or deeded public easement.

A variance shall not be allowed for the lots subject to this exception to reduce the setback.

(Ord. No. 94-14, § 1(27-5(u)), 9-7-1994; Ord. No. 00-09, § 3, 1-8-2001; Ord. No. 01-06, § 2(27-5), 6-18-2001; Ord. No. 07-14, § 5, 12-3-2007; Ord. No. 08-02, § 1, 4-7-2008; Ord. No. 23-01, § 1, 3-6-2023; Ord. No. 24-03, § 2, 6-3-2024)