Boundary lines and lot lines shall be accurately marked with appropriate markers, preferably of a permanent type, prior to commencement of any construction on the lot or parcel; and the markers shall thereafter be protected. Markers shall be set and placed by a registered surveyor or engineer.

Except as may be otherwise provided in these land use regulations, no building shall be built, constructed, enlarged or structurally altered or moved from or onto a lot, tract or parcel of land which does not abut a dedicated public right-of-way for a distance equal to the minimum lot width as required in these regulations for the area in which the property is located. In the event that the curvature of the dedicated public right-of-way prevents these requirements from being met, then the road frontage herein required may be reduced up to 33 1/3%.

A.

When two or more adjoining and vacant lots or parcels with continuous frontage and area are under the same ownership at the time of adoption or after adoption of these regulations, such lots shall be considered as one tract so as to create one or more lots or parcels which conform to the minimum frontage area requirements of the district in which they are located.

B.

When an individual lot or parcel has an area smaller than the requirements of the district in which it is located but was a lot or parcel of record on or before February 16, 1976, the permitted uses of the land use district will be allowed to the person or persons who then held title or beneficial interest in the lot, provided that all requirements other than building site area are maintained. This exception will not inure to the benefit of any persons acquiring title or beneficial interest in the lots subsequent to February 16, 1976. This subsection shall not apply where two or more lots or parcels adjoin in such a fashion that should they be considered as one lot or parcel, such single lot or parcel would meet all minimum requirements as to area and dimension, provided that all the area considered shall be in the same ownership.

Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. All lots shall front upon a public street, and their size, shape and orientation shall be appropriate for the location of the proposed subdivision and for the development and use contemplated. As with nonresidential blocks, the size and shape of nonresidential lots shall be determined by the proposed use of the lot. In no case shall standards for lots be less than the requirements designated in this code.

A.

Generally. For determination of setbacks, corner lots and multiple-frontage lots shall be considered to have front yards on all street frontages and side yards on the remaining frontages.

B.

Double-frontage lots. On double-frontage lots or parcels, the required front yards shall be provided on each street.

A.

Generally. Setbacks shall be measured by the shortest dimension running from the property line to the building line.

B.

Effect of established right-of-way or street widening. Where right-of-way lines are established by action of the City Commissioners or the Board of Commissioners of Pinellas County or may be in existence for the purpose of future roads or widening of existing roads, all street setbacks shall be determined from the right-of-way line.

Where construction of a commercial structure is proposed and existing commercial structures within 50 feet on either side of the proposed structure are constructed at less than a minimum required front setback, then in that event the Board of Adjustment may approve a conditional use to allow the proposed structure to be set as close to the right-of-way as an adjacent structure, provided that no conditional use shall be granted to allow a setback of less than 15 feet from a right-of-way.

(Amended 7-18-2022 by Ord. No. 2022-08, §§ 1, 2)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).
Ord. No. 2022-08, adopted July 18, 2022, repealed § 102-32 and renumbered § 102-33 as § 102-32 set out herein. The former § 102-32 pertained to impervious surface limitations and derived from Ord. No. 92-2, adopted Oct. 19, 1992; Ord. No. 93-2, adopted March 15, 1993; Ord. No. 2004-02, §§ 1, 2, adopted Aug. 16, 2004; and Ord. No. 2007-16, adopted Nov. 19, 2007. The historical notation has been retained with the amended provisions for reference purposes.

A.

Generally. Projections shall not extend further than three feet into a required yard or setback area.

B.

Wing walls. Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence.

C.

Sills, eaves, cornices, etc. Sills, eaves, cornices, chimneys and flues may project into a setback area not more than three feet.

D.

Porches, patios, etc. An open unroofed porch or patio or paved terrace may project into a required front yard for a distance not to exceed 10 feet.

(Amended 7-18-2022 by Ord. No. 2022-08, §§ 3, 4)

Editor's note— Ord. No. 2022-08, adopted July 18, 2022, renumbered § 102-34 as § 102-44 subsection K. and renumbered § 102-35 as § 102-33 as set out herein. The former § 102-34 pertained to setbacks for waterfront properties. The historical notation has been retained with the amended provisions for reference purposes.

A.

In all land use districts, guy wires and satellite antennas shall be considered an accessory structure and shall meet setbacks for accessory structures as provided by this Code.

B.

In Residential Low, Residential Urban and Residential Medium Districts, the following requirements shall apply:

(1)

Satellite antennas are permitted only within the rear or side yard buildable area of a principal structure. The location shall be at a fixed point on the ground or on a structure.

(2)

Satellite antennas are not permitted on the roof of a building.

C.

In all other districts, the following requirements shall apply:

(1)

Satellite antennas are permitted anywhere on a lot within the buildable area for a principal or accessory structure, however, not in the area to the front of the main structure.

(2)

The location shall be at a fixed point on the ground or on a structure.

(3)

Satellite antennas are permitted on the roof but shall be no higher than 12 feet, including base.

D.

No ground-mounted satellite antenna shall be higher than 12 feet, including base, and there shall be no more than two satellite antennas per lot.

E.

No variances may be granted which would allow satellite antennas in the front yard area.

(Amended 10-19-1992 by Ord. No. 92-9; amended 12-20-2010 by Ord. No. 2008-06, § 1; amended 7-18-2022 by Ord. No. 2022-08, § 5)

Editor's note— Ord. No. 2022-08, adopted July 18, 2022, renumbered §§ 102-36—102-38 as §§ 102-34—102-36 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

There shall be a minimum distance of 15 feet between any two detached dwelling structures on the same lot or parcel.

(Amended 7-18-2022 by Ord. No. 2022-08, § 6)

Note— See the editor's note to § 102-34.

A.

Construction offices, real estate offices and model homes for property, subdivision development and marketing.

(1)

Construction offices, real estate offices and model homes may be allowed in any district for the purpose of developing and marketing the property or subdivision in which they are to be located. Application for a temporary permit shall be accompanied by a site plan and a specific statement of such facts as concern the application for temporary permit.

(2)

Permits for such temporary uses and structures may be issued by the Planning Official and shall not be issued if the site plan indicates undesirable conditions in regard to traffic flow, sanitation, etc. Permits for such temporary uses and structures may be issued for a period not to exceed six months and may be extended one time for not more than three additional months, upon separate application therefor. No extension shall be granted unless application is made, in writing, prior to the expiration of any existing permit. All such temporary uses and structures shall be removed or discontinued within 10 days after the expiration of the permit allowing such temporary use or structure, provided that the same has not been properly renewed in accordance with the language of this code.

B.

Contractors' offices and construction sheds. Contractors' offices and construction sheds may be permitted as a conditional use by the Planning Official and in accordance with the following conditions:

(1)

Normal setbacks for the land use classification district shall apply.

(2)

Said use shall be designed in such a fashion so as to create no traffic hazard.

(3)

The contractor's office or construction shed shall be limited to use for construction of the project at the site of such construction.

C.

Special event structures.

(1)

The City Commission may grant permission for the temporary use, with reasonable safeguards, of a tent, outdoor shelter or other enclosed and temporary structure for a special event or business promotional purpose if deemed by the City Commission to be in the general welfare for a period not exceeding seven days to occur not more than one time in any given 12 calendar months on any parcel of property in the city zoned for a commercial use under this chapter. The request for such permission shall be on such forms as are determined by the City Commission or provided by the City Clerk. An application fee, established by resolution, shall accompany the form requesting such permission. Permission granted for such use does not in any way give the applicant a vested right for such use, and any substantial change in operation which adversely affects the general welfare, including the aesthetics of the city, is subject to an order of immediate discontinuance by the City Commission, or by the Mayor or the Mayor's designee. Such granted temporary use shall not become valid until and unless all conditions and safeguards imposed are entirely implemented by the applicant/property owner. Among the conditions and safeguards which may be imposed by the City Commission shall be included all of the following:

(a)

A site plan clearly showing the circumstances of the temporary use.

(b)

The parking requirements as shall be deemed necessary by the City Commission.

(c)

Performance standards regarding noise, the presence of mechanical equipment, vibration, smoke, dust, dirt, odors, fumes, humidity, glare, heat, fire, radioactivity lighting and similar impacts arising from such temporary structure.

(d)

Reasonable hours of operation.

(e)

Such additional requirements and safeguards as are deemed necessary for the protection of the surrounding property and the protection of the general welfare of the city.

(2)

All such temporary structures shall comply with the appropriate building code provisions and such other requirements as are imposed by the City Commission or the Planning Official to ensure the safety of the public. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure. The cost of such after-the-fact permit may be assessed against the property on which such structure was located and the City Clerk shall be empowered to file a lien on such property for the purpose of collecting such after-the-fact fee, and the same may be foreclosed in accordance with law. Any temporary structures not removed at the end of the time for which permission has been granted shall be deemed to be illegal structures and may be removed by the city immediately, without notice, and the cost thereof, together with any penalty as provided herein, may be assessed against the property on which such temporary structure was located and may be filed as a lien against such property by the City Clerk. Such lien and the lien for the collection of an after-the-fact fee shall be superior in dignity to all of the liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

D.

Portable on-demand storage structures.

(1)

A portable on-demand storage structure may be utilized as a temporary structure within the city when in compliance with the standards of this subsection. Any use of such structures within the city not in compliance with this subsection shall be unlawful.

(2)

Portable on demand storage structures shall be in compliance at all times with all sign code requirements of the City Land Development code or other ordinances.

(4)

Length of time structures may be on property; extensions.

(a)

A portable on-demand storage structure may be located as a temporary structure on property within the city for a period not to exceed seven (7) days in duration from time of delivery to time of removal. No more than two portable on-demand storage structures may be located on a specific piece of property within the city at one time; such structures shall be individually limited to the duration time period established herein. Such temporary structure may not be located on a specific property more than two times in any given thirty-calendar-day period. Such temporary structure shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.

(b)

In the event of fire, hurricane or natural disaster causing substantial damage to the structure, the property owner may apply to the city for permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the City Clerk's office and shall give sufficient information to determine whether such extended duration should be granted. The Mayor shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Mayor, the applicant may appeal such decision to the City Commission. In the event of such appeal, the decision of the City Commission shall be final.

(5)

Any portable on-demand storage structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the city with seven (7) days written notice to the property owner, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk.

(Amended 11-15-1993 by Ord. No. 93-7; amended 11-15-1999 by Ord. No. 99-03; amended 11-15-2004 by Ord. No. 2004-10, §§ 1, 2; amended 7-18-2022 by Ord. No. 2022-08, §§ 7—12)

Note— See the editor's note to § 102-34.

A.

Applicability. The requirements of this section shall be applicable to all property on which swimming pools as described herein are now situate or hereafter constructed or created, except those pools located on property which abuts a bay, lake, estuary, bayou, canal, creek, river or other body of water, and when said pools or any portion thereof are within 100 feet of said body of water.

B.

Requirements. Every person, firm or corporation in possession of land within the city, either as owner, purchaser, lessee, tenant or licensee, on which there is situated a swimming pool containing 18 inches or more of water in depth at any point, shall erect and maintain thereon and there around an adequate enclosure surrounding said water area, sufficient to make such body of water inaccessible to small children. Such enclosure should not be less than four feet in height and shall be constructed or formed so as not to have openings, holes or gaps larger than four inches in a dimension, excepting therefrom doors and gates. A dwelling house or accessory structure may be used as part of such enclosure. All gates, doors or other openings through such enclosure, excepting the dwelling house, shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. Latches shall be placed no less than four feet above the bottom of the enclosure or otherwise made inaccessible from the outside to small children. Aboveground pools constructed with steps and a platform encircling the pool and not otherwise enclosed shall have the platform enclosed and a gate at the top of the steps, such enclosure and gate meeting the criteria hereinabove described.

C.

Modifications of requirements. The Planning Official may make such modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the enclosure, gates or latches or the necessity therefor, provided that the protection as sought hereunder shall not thereby be reduced.

(Amended 6-22-2015 by Ord. No. 2015-09, § 8; amended 7-18-2022 by Ord. No. 2022-08, § 13)

Editor's note— Ord. No. 2022-08, adopted July 18, 2022, renumbered §§ 102-39—102-43 as §§ 102-37—102-41 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

The sale of alcoholic beverages by package for consumption off premises, as described in Chapter 561 of the Florida Statutes, shall be permitted in land use districts designated Commercial General and Residential/Office/Retail, subject to the restrictions in Subsection B below.

B.

The sale of alcoholic beverages for consumption on-premises, as described in Chapter 561 of the Florida Statutes, shall be permitted in land use districts designated Commercial General and Residential/Office/Retail.

(1)

The sale of alcoholic beverages by package sale or for on-premises consumption in the Residential/Office/Retail district are restricted as follows:

(a)

Restricted to the sale or serving of beer and wine only, whether by package or for on-premises consumption;

(b)

Restricted such that the main entrance front door of any establishment that sells or serves beer and/or wine for either package or on-premises consumption must not be located within two hundred (200) feet of any residential district designated on the City's Future Land Use Map as Residential Low, Residential Urban, Residential Medium, or Residential High; and

(c)

Restricted such that an establishment shall not be permitted within five hundred (500) feet of any other alcoholic beverage establishment selling beer or wine whether by package or for on-premises consumption without the approval of the City Commission in accordance with the criteria of § 102-17, used by the Board of Adjustment for conditional uses.

(2)

The City Commission shall have the sole authority to review applications for relief from, and potential waiver of, the five hundred (500) foot distance separation requirement outlined above in Subsection B(1)(c), and there shall be no appeal from the City Commission's final decision in this matter except to a court of law. Prior to City Commission consideration of any request for a waiver, the request for waiver shall be required to be submitted to the Planning Board for a formal recommendation at an advertised public hearing.

(3)

The two hundred (200) foot distance separation requirement outlined in the Subsection B(1)(b) above shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the front door of the alcoholic beverage establishment selling or serving beer and wine whether by package or for on-premises consumption to any portion of the residential district located within the above-listed Future Land Use Map categories. In all cases, this two hundred (200) foot distance separation requirement is the minimum required and is not eligible for a variance under § 102-14B(1)(b).

(4)

The five hundred (500) foot distance separation requirement outlined in Subsection B(1)(c) above shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the front door of a lawfully established business that serves or sells alcoholic beverages by package sale or for on-premises consumption to the entrance of the establishment that proposes to serve or sell alcoholic beverages for package sale or for on-premises consumption located within the Residential/Office/Retail land use district.

C.

In addition to the above and foregoing, the provisions of Chapter 561 of the Florida Statutes shall apply and shall be strictly adhered to.

(Amended 10-19-1992 by Ord. No. 92-9; amended 3-15-1993 by Ord. No. 93-2; amended 3-18-2002 by Ord. No. 2002-1; amended 2-14-2005 by Ord. No. 2004-18, § 2; amended 7-18-2022 by Ord. No. 2022-08, §§ 14—16)

Note— See the editor's note to § 102-37.

All utility stations shall be fenced or enclosed with a structure, and no part of any structure or fence shall be less than 25 feet from a property line or any abutting street, lot or parcel.

(Amended 7-18-2022 by Ord. No. 2022-08, § 17)

Note— See the editor's note to § 102-37.

Home-based businesses, where allowed by the provisions of these regulations, shall conform to the following standards:

A.

The use shall be conducted entirely within a dwelling and shall not be visible from the street or neighboring dwellings. The employees of the business must also reside in the dwelling, except that up to a total of two employees or independent contractors who do not reside at the dwelling may work at the business. The home-based business shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and will not change the residential character thereof.

B.

Parking related to the business activities of the home-based business may not be greater in volume than would normally be expected at a similar dwelling where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on unimproved surfaces at the dwelling. Parking related to the business activities of the home-based business must comply with the City's land use requirements.

C.

The use of the dwelling is consistent with the uses of residential areas that surround the property. External modifications made to the dwelling to accommodate the home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

D.

The home-based business may not conduct retail transactions at a structure other than the dwelling, however, incidental business uses and activities may be conducted at the property. All business activities must comply with any relevant City regulations concerning signage.

E.

The use shall not create dangerous vapors or fumes, and no use shall be permitted where noise, light, dust, heat, smoke, noxious odors, glare or vibration extend beyond the lot or parcel line of an abutting lot or parcel.

(Amended 12-20-2010 by Ord. No. 2010-09, § 1; amended 9-20-2021 by Ord. No. 2021-15, § 1; amended 7-18-2022 by Ord. No. 2022-08, § 18)

Note— See the editor's note to § 102-37.

A.

Drive-in eating establishments. There shall not be allowed within any land use classification within the city limits any drive-in eating or food establishment. Drive-through pickup windows are permissible.

B.

Excavation pits and quarries. No excavation pits or quarries shall be allowed within any land use classification within the city.

C.

Landfills. No landfills or sanitary landfills shall be allowed in any land use district within the city, except such landfills as shall be approved by the Planning Board and which shall be for the specific purpose of creating an acceptable finish grade to a lot, parcel or tract when the same is done in conjunction with and as a part of a construction project for the lot, parcel or tract being so filled. All plans submitted to the Planning Board which shall contemplate or require fill areas shall be specific in required details, in accordance with such regulations as may be set forth by the Planning Board.

D.

Arcade amusement centers. There shall not be allowed within any land use classification within the city limits any arcade amusement center. The term "arcade amusement center," as used in this article, shall mean a place of business of which the primary use is the operation of coin-operated amusement games or machines on the premises as an amusement facility.

E.

Medical marijuana treatment center dispensing facilities. There shall not be allowed within any land use classification within the city limits any medical marijuana treatment center dispensing facilities.

F.

Business of outdoor advertising prohibited. The business of outdoor advertising shall not be allowed or permitted within the city, and is a prohibited use in all land use districts.

(Amended 2-12-2018 by Ord. No. 2017-05, § 2; amended 2-12-2018 by Ord. No. 2018-01, § 4; amended 7-18-2022 by Ord. No. 2022-08, §§ 19, 20; amended 8-21-2023 by Ord. No. 2023-02, § 2)

Note— See the editor's note to § 102-37.