It is the purpose of this article to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful, either aesthetically or physically to residents and surrounding areas.

Accessory structures may be located on a parcel, provided that the following requirements are met:

A.

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this Code.

B.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Code.

C.

Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area unless specifically authorized by this Code.

D.

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

E.

Accessory structures shall be shown on any concept development plan with full supporting documentation as required in Article XII of this Code.

The following standards shall apply to storage, utility and greenhouse buildings:

A.

No accessory building used for storage of hazardous, incendiary, noxious, or pernicious materials shall be located nearer than 50 feet from any property line or within 50 feet of a protected zone. The storage of said materials shall comply with F.S. § 633.022, "Uniform Fire Safety Standards."

B.

Storage buildings, greenhouses, and like structures shall be permitted only in compliance with the setback standards of this Code.

C.

Accessory buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback from an abutting right-of-way.

D.

Accessory building regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

E.

Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings or other such uses.

A.

Swimming pools shall be permitted only in side and rear yards and shall not encroach into any required building setback.

B.

Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard or open space requirements, impervious surface ratios, and other building location requirements of this Code.

C.

All pools shall be completely enclosed with an approved wall, fence or other substantial structure not less than four feet in height. The enclosure shall completely surround the pool and shall be of sufficient density to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors or gates.

D.

No overhead electric power lines shall pass over any pool unless enclosed in conduit and rigidly supported, nor shall any power line be nearer than ten feet horizontally or vertically from the pool's water edge.

D.

Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the dwelling, unless a trench wall is provided.

E.

Surface waters of pools shall be included as impervious surface.

All fences to be built shall comply with the permitting process, Florida Building Code and the following:

A.

Fence posts must be resistant to decay, corrosion, and termite infestation. Posts must also be pressure treated for strength and endurance.

B.

Fences or hedges may be located in all front, side and rear yard setback areas. Fences located within the side and rear yard setbacks shall not exceed a height of eight feet. Front yard fences or hedges shall not exceed a height of four feet.

C.

Fences or hedges may be located on side and rear yard property lines, provided said fence or hedge does not obstruct any maintenance easement area required by Section 4-6.01.03 of this Code.

D.

No fence or hedge may obstruct the clear visibility triangle required by Section 4-6.02.04 E. of this Code.

E.

Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way.

F.

A fence required for safety and protection of hazard by another public agency may not be subject to height limitations above. Approval to exceed the height standards may be given by the Administrator upon receipt and documentation of satisfactory evidence of the need to exceed the height standard.

G.

No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site.

H.

Masonry walls, when permitted, shall comply with the standards of this part.

(Ord. No. 538)

Accessory residential uses, including accessory apartments, guest houses and garage apartments shall meet the standards of this Code.

A.

Purpose. The purpose of this section is to provide for inexpensive housing units to meet the needs of younger and older households, making housing available to younger or older persons who might otherwise have difficulty in finding affordable housing; and to provide housing for visitors and guests. This section is also intended to protect the property values and residential character of neighborhoods where accessory residential uses are located.

B.

Standards. An accessory residential use may be allowed on single-family residential lots provided that all of the following requirements are met:

1.

No more than one accessory residential use shall be permitted on any residential lot. No accessory residential use may be permitted in addition to the one residential dwelling unit allowed on a commercial site.

2.

The accessory residential use shall not exceed 25 percent of the gross floor area of the principal structure and the combined floor area ratio shall not exceed that allowed under this Code.

3.

The accessory residential unit shall be located and designed to be compatible with and complement the appearance of the principal structure.

4.

No variations, adjustments, or waivers to the requirements of this Code shall be allowed in order to accommodate an accessory residential use, and the standards of this Code shall be applied before an accessory residential use is permitted.

A home occupation shall be allowed in a bona fide, single-family dwelling unit, subject to the following requirements;

A.

No person other than members of the family residing on the premises shall be engaged in such occupation.

B.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.

C.

There shall be no change in the outside appearance of the building or premises, other than visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not more than two feet from the main entrance of the residence. No additional sign shall be allowed.

D.

No home occupation shall occupy more than 25 percent of the floor area of the residence or more than ten percent of the lot area of the parcel of land on which the residence is located.

E.

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements of this Code for commercial uses.

F.

No equipment, tools, or process shall be used in such a home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in line voltage off the premises.

G.

Fabrication of articles commonly classified under the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition.

H.

Outdoor storage of materials shall not be permitted.

I.

A home occupation shall be subject to all applicable City, county and state occupation licensing requirements, fees, and other business taxes.

Residential and nonresidential development projects may provide amenities for the exclusive use of the employees and/or residents of the project. Such amenities shall be allowed only as provided below.

A.

Dining rooms, cafeterias, snack shops, etc. A development may provide a central dining facility to serve the employees and/or residents of the project subject to the following restrictions:

1.

The facility shall not be open to the general public; and

2.

There shall be no off-site signs advertising the presence of the facility.

B.

Community centers, recreation centers. Residential projects may provide a central facility to provide a meeting place and indoor recreation opportunities for residents subject to the following restrictions:

1.

Service provided shall not be available to the general public.

2.

Parking to serve the building shall be as provided by this Code.

3.

No off-site sign may advertise the presence of the facility.

C.

Employee fitness centers. Nonresidential development projects may provide a fitness or exercise center for the use of employees subject to the following restrictions:

1.

Such facilities shall not be open to the general public unless licensed as a commercial enterprise and located in a commercial district; and

2.

Noncommercial facilities shall not advertise the presence of the facility.

A mobile home may be permitted on a residential lot for a temporary period of time, not to exceed six months during the construction of a residence providing the following requirements are met:

A.

Adequate sewer disposal, potable water and other utilities are available and connected temporarily to the mobile home.

B.

A valid building permit has been issued.

C.

Work continues without significant interruption.

D.

The mobile home shall be maintained in a state of preparedness for evacuation and shall be evacuated upon issuance of a "Hurricane Watch" notice.

E.

One extension of the temporary use may be allowed concurrent with the extension of the building permit, but in no case shall the total temporary use continue for more than 12 months.

Docks and boathouses may be permitted as accessory uses under the conditions cited in Article V of this Code, and the following requirements:

A.

The dock or boathouse has been permitted by appropriate state and federal agencies.

B.

A boathouse shall not exceed 15 feet in height above mean sea level and the maximum enclosed area does not exceed 500 square feet in area.

C.

No more than one such use shall be permitted per site or parcel or land.

D.

No habitable space shall be created.

E.

No dock may exceed four feet in width.

F.

A dock terminus or boathouse shall not be constructed over sea grass beds.

G.

No dock may be designed to dock or otherwise moor more than ten vessels at any time except as provided in section Chapter 4, Section 4-4-6.08.04 of this Code.

(History: Ord. Nos. 247, 400)

Houseboats or live-aboard vessels may be permitted under the conditions cited in Section 4-5.01.06 of this Code and the following requirements:

A.

The houseboat or live-aboard vessel is owned by the occupants or owners of the property to which it is connected and is for their exclusive use, or

B.

The houseboat or live-aboard vessel is owned by guests of the occupants or owners of the land to which it is connected and is at the property only on a temporary basis not to exceed 14 days in any consecutive 30 day period.