For the purpose of promoting health, safety and general welfare; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and avoidance of undue concentration of population in the town; and to enhance the appearance and beauty of the community; the corporate limits and areas of the town are declared to constitute the single-family zoning district with regulations and restrictions for such district as set forth in this article to embrace the entire territory now or hereafter constituting the town.

(Code 1982, § 13-01; Ord. No. 1990-5, § 13.01, 8-13-1990)

The Town of Belleair Shore shall consist of one zoning district of single-family residential use which shall be zoned for the construction of single-family dwelling use and the use of such dwelling houses for single-family residential purposes. Such dwellings shall not be used for transient accommodation use occupancy.

(Ord. No. 06-01, § 1, 10-18-2006)

A transient accommodation use is a facility containing one or more transient accommodation units, the occupancy of which occurs, or is offered or advertised as being available, for a term of less than one month, more than three times in any consecutive 12-month period. In determining whether a property is used as a transient accommodation use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or an indirect ownership interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration.

(Ord. No. 06-01, § 1, 10-18-2006)

The requirements, regulations and restrictions relative to the construction of buildings and structures and use thereof in the zoning district, as established in section 46-101, are established for the town. No person may construct or erect, alter, move into, occupy or use any structures or buildings not in compliance with this division.

(Code 1982, § 13-02)

The zoning district, established in section 46-101, is zoned for the construction on each lot of one single-family dwelling house of masonry and/or wood frame construction not to exceed a total of 50 feet in height measured from the top of the west seawall located on the subject property to the top of the structure, including, but not limited to, chimneys, cupolas and all other architectural embellishments.

(Code 1982, § 13-02(1); Ord. No. 2001-01, 12-20-2001)

Any residence erected in the town, after the date of the ordinance from which this section is derived, shall have a minimum of 2,500 square feet of first floor habitable area, exclusive of porches.

(Code 1982, § 13-02(2))

No residence, nor any portion thereof, including porches, balconies, cornices, or other permanent fixed decorations, shall approach nearer than 50 feet to the residential property line adjoining the right-of-way of Gulf Boulevard. No building nor any part thereof as set forth above, except eaves, utility equipment and pool equipment, which may approach 2½ feet nearer, shall approach nearer than ten feet to any side lot line of the lot upon which the same is constructed, or nearer than 50 feet to the established seawall line paralleling the Gulf of Mexico.

(Code 1982, § 13-02(3))

Temporary or portable structures, vehicles, or trailers may be erected or parked on a lot for the housing of tools, equipment and materials in connection with the activities of any authorized construction undertaking, but any temporary building, vehicles or trailers shall be immediately removed upon:

(1)

The substantial completion of the construction work.

(2)

The maturity of a stop work order that has remained in force for 30 days or more.

(3)

The existence of a manpower dispute, material shortage or any other factors that have prevented active construction for 30 days or more.

(Code 1982, § 13-02(4))

No building shall be moved into and placed within the town limits except buildings that conform to the town zoning requirements for new construction and pursuant to a permit obtained under the same conditions and with like qualifications for new construction.

(Code 1982, § 13-02(5))

No separate building for guests, servant's quarters, garages, or other outbuildings of any kind or nature, except for a wellhouse, a pumphouse, or an air conditioning enclosure, shall be erected upon any lot in the zoning district established in section 46-101, but all such buildings shall be attached to the residence and under one contiguous roof, and not merely attached by a covered walkway, trellis, or other structure of like nature, in order to evade this restriction.

(Code 1982, § 13-02(6))

This division shall prohibit within the zoning district established in section 46-101 the following:

(1)

A boathouse.

(2)

A bathhouse.

(3)

A cabana.

(4)

An open sided shelter, lean-to, or canopy constructed westward of the 50-foot construction setback line, as established, paralleling the Gulf of Mexico unless such shelter, lean-to or canopy is collapsible and portable in its construction design.

(Code 1982, § 13-02(8))

No seawall shall be erected except on the lot line along the shore, unless, however, a seawall line has been established and approved by the board of commissioners, then in such an event, the seawall shall be erected on such seawall line, and then, only after a permit has been issued therefor by the board of commissioners setting forth the specifications and materials for such seawall as specified in section 12-03.

(Code 1982, § 13-02(9))

No dock, wharf, pier, mooring piles, groins, davit or other structure extending into or over the waters of the Gulf of Mexico, or over the town beach areas adjacent to such water, or on, or over any adjoining lot, shall be erected in the zoning district established in section 46-101. Any davit or launching device within 50 feet of the established seawall line must be removable and must be removed each day before sunset.

(Code 1982, § 13-02(10))

(a)

No fence or wall in excess of four feet in height shall be erected within 50 feet of the established seawall line along the shore of the Gulf of Mexico. Before any fence or wall shall be erected within the town limits, a building permit to erect such fence or wall shall be secured from the proper town official.

(b)

Front walls and columns:

(1)

No front wall shall exceed six feet in height and no columns shall exceed eight feet exclusive of lighting as measured from the sidewalk.

(2)

No column shall exceed 108 inches in circumference.

(3)

A maximum of eight columns per plotted lot are permitted on front walls.

(c)

Sidewalls and columns:

(1)

No sidewall shall exceed six feet in height and no columns shall exceed eight feet in height, exclusive of lighting.

(2)

Columns on sidewalls shall be at least 15 feet apart.

(3)

Sidewalls and columns shall not exceed the height of the front wall and columns.

(Code 1982, § 13-02(11))

No hedge growing westward of the 50-foot construction setback line as established along the Gulf of Mexico shall exceed the height of four feet, and must be periodically trimmed by the owner or his agent when such hedge exceeds four feet in height.

(Code 1982, § 13-02(12))

(a)

For the purposes of this division, any lot as presently platted in the plats of subdivision in the zoning district established in section 46-101 and existing at the time of the passage of the ordinance from which this section is derived shall be considered as one buildable lot. No buildable lot shall consist of less than two adjacent half-lots.

(b)

No lot in the zoning district established in section 46-101 shall be subdivided except with the approval of the board of commissioners and in accordance with the provisions and regulations in subsection (c) of this section.

(c)

No lot shall be subdivided or conveyed other than as a whole, except an adjoining longitudinal half-lot may be conveyed with an adjoining whole or longitudinal half-lot, so long as an adjacent longitudinal half-lot is not thereby left alone in a single ownership. Two adjacent half-lots which have not been built on may be combined in a single ownership to constitute a buildable lot.

(Code 1982, § 13-02(13); Ord. No. 1991-3, 8-29-1991)

No building shall be constructed on any parcel of land smaller in size than one lot or two adjacent longitudinal half-lots as buildable lots are defined in section 46-134.

(Code 1982, § 13-02(14); Ord. No. 1991-3, 8-29-1991)

A maximum of 1.39 residential dwelling units per acre is permitted within the zoning district established in section 46-101.

(Ord. No. 1992-2, § 1(13.02(15), 1-20-1993)

The following restrictions apply to area designated as recreation/open space on the town's future land use map:

(1)

Only open space and parking areas for use of such open space shall be permitted.

(2)

No lot shall exceed an impervious surface ratio (ISR) of .60. The ISR is calculated by dividing the square footage of the area of all impervious surface on a site by the square footage of the gross land area. An impervious surface is a surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration of stormwater.

(Ord. No. 1994-1, § 1(13.02(16)), 2-16-1994)

(a)

Recreational vehicle. Any vehicle which contains or is modified to include, equipment and paraphernalia commonly used for living and/or sleeping purposes, such as a motor home, mobile home, trailer, camper, van, etc.

(b)

Commercial vehicle.

(1)

A bus, truck or other vehicle which is used in a commercial enterprise, as for storage and/or transportation of tools, equipment, materials and paraphernalia necessary to the work performance of an enterprise; or any vehicle used as a tractor, excavator, or bulldozer, etc.

(2)

Any vehicle which is used in a commercial enterprise bearing thereon the name of the firm or identification of the purpose of the vehicle and/or having a commercial license plate.

(3)

Out of state registration is not an exemption under this section.

(Code 1982, § 13-05)

(a)

Parking of recreational and/or commercial vehicles is permitted but is subject to all of the following regulations while parked within the corporate limits of the town:

(1)

Vehicles shall not be parked overnight unless parked in a garage.

(2)

Vehicles shall not be parked during daylight hours unless parked in a driveway or garage.

(3)

Vehicles shall not be parked on an easement (lots 21, 43 and 66).

(4)

Vehicles shall not be used for living or sleeping purposes.

(5)

Vehicles shall not be used for the housing of animals, birds or other living creatures.

(b)

An exception shall be granted under this section for residents of the town and their guests to allow them a maximum of seven days for preparation and loading of their recreational vehicles prior to departing on a trip. A similar exception is granted for residents and their guests to allow them a maximum of seven days upon returning from a trip within which to unload and prepare their recreational vehicle for storage, provided that either of these exceptions shall be granted only upon the resident informing the police department in advance of the intention to park the mobile home in the resident's driveway for either of the purposes stated above. No more than three exceptions shall be granted for the preparation for departure nor no more than three exceptions for unloading procedures upon return shall be granted in any one calendar year to any resident.

(Code 1982, § 13-06)

A property owner of a vacant lot shall not be permitted to park a vehicle on such lot for any purpose other than to visit the property, and any parking shall be restricted to daylight hours only.

(Code 1982, § 13-10)

A boat or watercraft shall not be:

(1)

Parked overnight unless parked in a garage.

(2)

Parked during daylight hours unless parked in a driveway or garage.

(3)

Parked on an easement (lots 21, 43 and 66).

(4)

Used for the housing of animals, birds or other living creatures.

(5)

Used for living or sleeping purposes.

(Code 1982, § 13-07)

Canoes, rowboats and single hulled sailboats less than 12 feet in length and catamarans less than 20 feet in length are excepted under this division but shall be subject to the following restrictions:

(1)

They shall only be stored on property upon which a residence is located.

(2)

They shall be stored so that no part of the watercraft is closer than 12 feet from the property seawall.

(3)

They shall not be allowed within the boundaries of easement lots 21, 43 and 67.

(Code 1982, § 13-08)

It shall be unlawful for any person to use a lot or any portion of land on which a residence is located to exhibit any vehicle, watercraft and/or watercraft trailer for sale, rent, or inspection or to temporarily park any vehicle, watercraft and/or watercraft trailer awaiting repair or parts for repair.

(Code 1982, § 13-09)

Any person who is not the owner of property in the town is prohibited from parking or trespassing on a vacant lot unless such individual has on his person a dated document signed by the legal owner of the vacant lot granting permission to park on or pass through the property.

(Code 1982, § 13-11)

The zoning district, as established in section 46-101, prohibits the planting of the following trees within the boundaries of the town:

(1)

Australian Pines.

(2)

Washingtonian Palms.

(3)

Punk trees.

(4)

Brazilian Pepper trees.

(Code 1982, § 13-12)