The following regulations shall apply to all fences, walls and hedges within the city:

(1)

All hedges on residential property not bounded, in whole or part, by any waterway shall not exceed a height of eight feet in the required side or rear setback area. A fence or wall is not permitted in the required front setback area. A hedge may be grown in the front setback area of residential property but shall not exceed three feet in height. Fences and walls on residential property not bounded, in whole or part, by any waterway shall not exceed six feet in height.

(2)

On property bounded in whole or part by any body of water, a hedge shall not exceed a height of eight feet in the required side setback area. A hedge or fence shall not exceed a height of four feet in the required rear (water) setback area within 12 feet of the sea wall, but a fence may rise to a height of six feet and a hedge may rise to a height eight feet otherwise. A hedge may be grown in the front setback area of residential property but shall not exceed three feet in height. Fences and walls on residential property bounded, in whole or part, by any waterway shall not exceed six feet in height, except along the seawall which shall not exceed four feet. Fences and walls on residential project adjacent to public property (i.e., a city-owned park), in whole or part, by any waterway shall not exceed six feet in height. Fences, walls, and hedges shall be permitted on but not placed beyond or overgrowing the waterfront facing side of the seawall cap.

(3)

Height shall be measured from the grade as measured at any point along either side of the fence, wall or hedge.

(4)

Hedges shall, at all times, be maintained and trimmed to a height not to exceed the maximum limits set forth in subsections (1) and (2) of this section. Maintenance of the hedge is the sole responsibility of the owner of the property on which the hedge is planted, and such owner shall take all reasonable steps to prevent the hedge from encroaching on or otherwise affecting any neighboring properties.

(5)

Setback areas adjacent to county roads (Causeway and Gulf Boulevards) right-of-way and the side of the properties adjacent to a city park or the city access ("back bay trail") easements may have fences and walls not to exceed six feet, or a hedge without a limit on its height. This subsection shall be applicable to adjacent setback areas on the side, rear or front of residential properties.

(6)

All fences and walls shall be constructed so that the finished surface faces the street and adjacent property. Post heights shall not exceed the fence heights by more than 18 inches and posts exceeding fence height limitations will be no closer than six feet apart, except when gate posts are required.

(7)

Except for completely screened enclosures commonly referred to as "bird cages," all swimming pools constructed within the city limits shall be enclosed by a fence or wall with a minimum height of four feet and shall be attached on one or more sides to a structure. On waterfront lots, the seawall side of a swimming pool may be left unprotected, but the other three sides shall be enclosed by a wall or fence with a minimum height of four feet running from the house to the sideline and then to the water's edge. All fences or walls shall have an accessible gate to the swimming pool area. [See exhibits E and F at the end of this chapter.]

(8)

A fence, wall or hedge may not be constructed in any recorded easement unless verification that all utility users have no objection to its construction and that the fence, wall or hedge will not impede the function of any drainage system. A fence, wall or hedge shall not be allowed in any easement or right-of-way recorded for ingress/egress access purposes. Maintenance of easements and replacement of any fence, wall or hedge removed by any utility shall be the responsibility of the property owner.

(9)

A construction permit is required before erecting a fence or wall.

(10)

Fence made with barbed wire, corrugated metal, or sheet aluminum or similar materials shall not be permitted on any residential property within the city.

(11)

All fences and walls shall comply with the provisions of the Florida Building Code.

(12)

Wooden fence posts shall be pressure treated or otherwise preserved to resist decay, corrosion and termite infestation.

(13)

Walls may be constructed of concrete, concrete block, stone, brick or similar masonry material commonly used in wall construction in Pinellas County. All exposed surfaces of masonry walls must be of finished materials, including brick, stone, tile, or painted or tinted stucco. Except for split block, concrete and concrete block walls shall be finished with a painted or tinted stucco finish on both sides. These finishes must be applied so as to completely conceal coursework.

If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall. If such consent cannot be obtained, the property owner erecting the wall must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing addresses as listed in the most current county tax roll, and the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within 30 days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall.

(14)

It is the legislative intent of this section that a fence or wall shall not be erected, constructed or maintained in the required front setback area.

(15)

Views on waterfront property. It is the policy of the city council, for purposes of this section, that the vista of the water area from a waterfront property is perpendicular to the property line along the water from grade to a plane of six feet.

(16)

Hedges and other planting material shall be maintained so as not to overhang into an abutting property. Trees shall be maintained so as to not overhang into an abutting property between ground level and eight feet.

(17)

All fences or walls shall have at least one gate or opening so as to provide access from the front yard.

(18)

Maintenance. All fences, walls and hedges shall be maintained in a safe, nonhazardous condition and good appearance; specifically:

a.

A fence or wall shall be maintained in a vertical position, and shall not be allowed to sag or lean at more than ten degrees from vertical, unless the fence or wall is specifically designed and permitted to be maintained at such an angle.

b.

Rotten or missing boards in a fence shall be replaced.

c.

Each support post or footer shall be solidly attached to the ground.

d.

Each fence stringer shall be securely fastened to the support posts and face of the fence.

e.

Each fence shall be securely fastened to the support post and fence stringers.

f.

Walls and fences, unless of natural materials or galvanized, shall be properly painted, stained, treated or otherwise maintained so as to present a uniform appearance; however, this section is not intended to prohibit the maintenance of fences in which a deteriorated section of the fence is replaced with new material which will take some time to "age" or "weather" to replicate the appearance of the original fence.

g.

Fence boards may be replaced on any nonconforming fence provided the posts are not replaced.

h.

Dead hedge material shall be removed.

(19)

All temporary fences used at a construction site for the purpose of security or protection may, at the discretion of the city manager, be exempt from the provisions of this section provided they do not obstruct the vision of motor vehicle operators or create other hazards to public safety.

(20)

Retaining wall. When a retaining wall is combined with a wall, fence, or hedge, the height of the fence, wall or hedge shall include the height of the retaining wall.

(21)

Earth berms. Earth berms are not permitted under the city code. The creation of new earth berms on any property within the corporate limits of the city shall constitute a violation of the city's NPDES permit and chapter 62 of this Code and must be removed by the property owner.

(22)

Double frontage lots. For the purposes of fence, wall or hedge placement on double frontage lots, the front yard shall be the side of the property from which the property is addressed. The placement of any fence, wall or hedge on this side of the property shall adhere to the front setback provisions in subsections (1) and (6). The opposite side of the property shall be considered a rear yard and adhere to the provisions applicable to the rear yard.

(23)

Required setback areas. For purposes of this section, exhibits A—D illustrate the required setback areas and the maximum height of a fence, wall, or hedge on waterfront and nonwaterfront lots.

(Ord. No. 94-14, § 1(27-6), 9-7-1994; Ord. No. 01-01, § 1, 6-18-2001; Ord. No. 06-10, § 1, 6-5-2006; Ord. No. 14-09, § 7, 9-8-2014; Ord. No. 18-11, § 12, 12-3-2018; Ord. No. 18-11B, § 1, 6-3-2019; Ord. No. 22-01, § 10, 6-6-2022; Ord. No. 24-04, § 3, 6-3-2024)

Editor's note— Exhibits A—F can be found at the end of this chapter.

(a)

Businesses, offices, bars, manufacturing, professional services, restaurants, trades, warehouses, call centers or other business activities shall not be permitted in condominiums, dwellings, garages, collateral structures or anywhere on property within the city.

(b)

Notwithstanding the prohibitions set forth in subsection (a) of this section, the owner or permanent occupant of any dwelling unit in residential low (RL) district I or residential medium (RM) district II may conduct a home occupation subject to the following requirements:

(1)

Home occupations are those occupations carried on by a member of the family residing in the dwelling unit.

(2)

Home occupations are those occupations clearly incidental and secondary to the use of the dwelling unit for residential purposes.

(3)

Home occupations are subject to the following limitations:

a.

The occupation or profession shall be carried on wholly within a building or other structure accessory thereto;

b.

No person outside of the immediate family of the owner or occupant shall be employed in the home occupation;

c.

There shall be no sign, exterior display or exterior storage of any materials and no other exterior indication of the home occupation or variation from the residential character of the dwelling;

d.

No offensive noise, light, vibration, smoke, dust, odors, heat or glare shall be produced on or emanate from the property;

e.

No marked vehicles used in the conduct of a home occupation may be parked or stored in view of any street, neighborhood or other residential lot;

f.

No portion of the dwelling unit, including any garage or accessory structure, may be used to manufacture or assemble any item or product associated with the home occupation;

g.

The dwelling unit or accessory structure where a home occupation exists shall not entertain or provide services to any customers or clients at the home occupation location;

h.

The location and nature of the business of the home occupation shall not be advertised in any publication or other media;

i.

No corrosive, combustibles or other flammable liquids may be stored on any residential property maintaining a home occupation.

(Ord. No. 94-14, § 1(27-7), 9-7-1994; Ord. No. 13-08, § 1, 12-2-2013; Ord. No. 18-11, § 14, 12-3-2018)

Regulations and restrictions for the use of real property owned by the city shall be as set forth in chapter 38 of this Code, or any chapter that may replace such chapter, except for parking restrictions on street rights-of-way as set forth in section 58-32.

(Ord. No. 94-14, § 1(27-8), 9-7-1994)

Buildings shall not be moved into a place within the city limits, except such buildings that conform to the standards and qualifications for new construction.

(Ord. No. 94-14, § 1(27-9), 9-7-1994)

Cross reference— Buildings and building regulations, ch. 10; environment, ch. 22; streets, sidewalks and other public ways, ch. 50.

(a)

Generally. The city shall be empowered to order the owner of an existing structure within the city to repair such existing structure which, through deterioration, damage or other cause is a threat to the health and well-being of the occupants or nearby residents. Failure by the owner to honor such order shall result in the city seeking a court order to evict the occupants of such structure and, in extreme cases, to raze, or have razed, the structure.

(b)

Conforming structures. If the owner of a structure desires to make structural alterations to, or substantial improvement of, an existing structure, all work shall be done in conformity with the provisions of this chapter.

(c)

Nonconforming structures. If the owner of a structure desires to make structural alterations to, or substantial improvement of, an existing nonconforming structure, any such changes which are in conformity with the provisions of this chapter shall be permitted; however, changes which perpetuate the nonconformity shall not be permitted.

(d)

Remodeling. Permits for remodeling shall require certification of the total value of all labor and materials, including out-of-pocket costs as well as the contractor's contract price, in compliance with the Federal Emergency Management Agency's flood insurance requirements. Market value shall be determined as defined in section 74-134 of the Land Development Code. The person designated as building official by the city or the building inspector shall reserve the right to obtain an independent appraisal of such structure at the applicant's expense, and shall have the right to deny any such permit.

(Ord. No. 94-14, § 1(27-10), 9-7-1994; Ord. No. 24-02, § 3, 6-3-2024)

(a)

A temporary or portable structure shall not be erected for any dwelling or business purposes within the city.

(b)

Portable storage units, are permitted for temporary use within the corporate limits of the city, provided, however, that the use of portable storage units shall be limited to a period not to exceed seven days from the time of delivery to the time of removal. The time limit imposed on the use of any such storage units within the city may be extended an additional 24 hours under special circumstances if such extension is approved in writing by the city manager:

(1)

Any property owner in the city who desires to temporarily install a portable storage unit, on his property shall first obtain a permit from the city and shall notify the police department advising as to the approximate time of delivery and the planned time of removal of the portable storage unit. The fee for the permit shall be $10.00. A property owner shall only be entitled to obtain one such permit within a 90-day period.

(2)

A portable storage unit shall only be used for noncommercial purposes.

(3)

It shall be unlawful for any person to place a portable storage unit-on any street or public right-of-way within the corporate limits of the city.

(4)

A portable storage unit shall be placed only in the driveway of the property upon which such portable storage unit is located.

(Ord. No. 94-14, § 1(27-11), 9-7-1994; Ord. No. 98-16, § 2(27-11), 2-1-1999; Ord. No. 00-09, § 5, 1-8-2001; Ord. No. 05-01, § 25, 4-12-2005; Ord. No. 18-11, § 15, 12-3-2018; Ord. No. 22-01, § 11, 6-6-2022)

The installation of awnings on residential structures within the city shall be permitted, provided the awning installed is designed to be retractable; does not increase the overall footprint of the structure on the building lot; and does not extend beyond or into the applicable front or side building setbacks designated for the property. An awning shall be permitted on the rear of any residential structure without regard to the setback limitations, as long as the structure is not situated on or adjacent to any body of water.

(Ord. No. 98-16, § 3, 2-1-1999)

(a)

Eaves, not including gutters, may be extended a maximum of 30 inches into all setback and building separation areas within the city.

(b)

Front entry roofs or porches may be constructed on residential structures; provided, however, that the construction of a front entry roof or porch does not encroach into the front property line setback as set forth in article IV, division 3 of this chapter.

(c)

Bay windows, not exceeding eight feet in width, may be extended into the front or rear setback of a structure to a maximum distance of 30 inches, as long as the footprint of the residence is not altered. The bay window extension shall not encroach into the prescribed setback for an existing swimming pool.

(Ord. No. 94-14, § 1(27-13), 9-7-1994; Ord. No. 98-03, § 1, 6-1-1998; Ord. No. 98-16, § 4(27-13), 2-1-1999)

It is the intent of this ordinance to prohibit the storage, parking or maintenance of commercial vehicles in residential zoning districts in order to prevent traffic and safety problems, and to prevent unsightly appearances in residential areas.

(Ord. No. 03-02, § 2, 2-3-2003)

No person or persons, firm, corporation or agent thereof shall cause or permit a commercial vehicle to be stored, maintained, or parked in a residential zoning district, unless said vehicle is parked on private property in an enclosed garage structure thereby eliminating its visibility from public roads and adjacent parcels of land and is owned or used by a permanent resident of the property.

(Ord. No. 03-02, § 3, 2-3-2003)

The provisions of this ordinance shall not apply to the temporary parking of commercial vehicles in residential zoning districts for the sole purpose of delivery or receipt of goods or services at a specific residence.

(Ord. No. 03-02, § 4, 2-3-2003)

Any person, firm, corporation, association or agent thereof who shall violate the provisions of section 94-260 of this Code shall be guilty of a civil infraction and shall be fined as set forth in section 58-38 of this Code if committed by someone other than the property owner or section 2-317 if committed by the property owner for each day the offense is committed, which shall constitute a separate offense.

(Ord. No. 03-02, § 5, 2-3-2003; Ord. No. 03-19, § 1, 1-5-2004)