(a)

Generally. Specific accessory uses and structures shall comply with the regulations in this section.

(b)

Principal use required. Accessory uses and structures shall:

(1)

Be customarily incidental to the principal use established on the same lot;

(2)

Be subordinate to and serve such principal use;

(3)

Be subordinate in area, extent and purpose to such principal use; and

(4)

Contribute to the comfort, convenience or necessity of users of such principal use.

No accessory structure or use shall be permitted on any lot without an established principal use on the same lot within the applicable zoning district.

(c)

Additional regulations; prohibited uses and structures.

(1)

Signs, fences, walls, parking and loading areas, and other such features which are typically located within required yard areas shall comply with the applicable provisions of this land development code for such uses and structures.

(2)

Any specific accessory use or structure which is not addressed within this chapter shall not be located on any lot.

(d)

Maximum size. Unless otherwise described in this chapter, the minimum permitted size for any structure shall be as outlined in article III of this chapter.

(e)

Conformance with district regulations. No land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations specified in this chapter for the district in which it is located.

(f)

Storage units in residential areas. Storage units or structures are designed for the temporary storage of goods, merchandise, household items or products, appliances, furniture or similar items.

(1)

Permit required. Whether designed to be portable or permanent, storage units shall not be placed upon property within the city without first obtaining a zoning clearance and a building permit if one is required for installation as determined by the most current Florida Building Code.

(2)

Restrictions. Temporary storage units cannot exceed ten feet in height as measured from the ground to the top of the structure. Temporary storage units are restricted to residential side yards, rear yards and driveways. Storage units shall not be placed on any public sidewalk or road right-of-way. Temporary storage units shall not apply to utility trailers which must be in compliance with section 22-4.

(3)

Duration. Temporary storage units shall be limited to no longer than 15 days to one property owner, with a maximum of two per calendar year. Multifamily residential shall be limited to five days for each unit for moving in and moving out, with management/owner permission.

(Code 1998, § 122-341; Code 2008, § 122-341; Ord. No. 281-C, § 1(ch. 16, art. I, § 1), 11-8-1994; Ord. No. 2011-03-C, § 2, 7-12-2011)

(a)

This section provides for specific accessory structures and architectural appurtenances and features to be located within required building setback areas. Recorded easements and required landscaped buffers shall supersede the minimum dimensions permitted by this section.

(b)

Special setbacks are as follows:

(Code 1998, § 122-342; Code 2008, § 122-342; Ord. No. 281-C, § 1(ch. 16, art. I, § 2), 11-8-1994; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2023-007, § 2, 3-28-2023)

(a)

Generally. All fences and walls shall be constructed in compliance with the Florida Building Code and in accordance with the dimensional and use regulations in this section.

(b)

Prohibited fences and walls.

(1)

Slatting of plastic or other material cannot be inserted into chain link fencing. No barbed wire, razor wire or similar material shall be allowed in residential or commercial districts.

(2)

No building permit shall be issued for any fence or wall when it is determined by the planning and development services department that such fence or wall would obstruct visibility, would impede fire or police protection, or would seriously inhibit the free flow of light and air.

(c)

Height.

(1)

For residential uses, no fence, wall, or retaining wall shall exceed four feet in height from the front building line to the front lot line or exceed six feet in height from the front building line to the rear property line. For corner lots, also known as double-frontage lots, no fence, wall or retaining wall shall exceed four feet in height in front of the front setback line of the established district. Corner lots shall be allowed up to six-foot-high fences to the property line on the secondary street side, provided there is no obstruction of visibility for adjacent driveways or intersections. Decorative columns and pillars may extend up to one foot above the maximum fence or wall height.

(2)

Fences and walls in business, commercial and industrial districts shall be no higher than six feet. Industrial districts may also be allowed up to 24 inches of barbed wire for security.

(3)

Subdivision entry features and any appurtenances shall not exceed ten feet in height without approval of the city council.

(d)

Obstruction of vision at intersections. No walls or fences shall be permitted on local road corner lots within 30 feet of intersecting street rights-of-way and lots on collector and arterial roads within 50 feet of intersecting street rights-of-way if such a fence will obstruct traffic visibility.

(e)

Design and maintenance.

(1)

All fences shall be maintained in their original upright condition.

(2)

Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed.

(3)

Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(4)

Fences or walls having a side with exposed or irregular structural components and a more finished, uniform and aesthetically attractive side shall be constructed so that the more finished, uniform and aesthetically attractive side faces outward from the fenced property toward the adjoining property.

(5)

The following materials shall be acceptable for the construction of fences and walls:

a.

Rot- and termite-resistive wood.

b.

Wood which has been chemically pressure-treated to resist rot and termites.

c.

Noncorrosive metal or galvanized wire fabric of 11 gauge mounted on steel posts.

d.

Ornamental iron, concrete or masonry.

(6)

Walls shall have a finished top or cap block.

(7)

All walls visible from the public right-of-way and adjoining properties shall be designed to incorporate an architectural finish such as stucco, split face block, brick, stone, or other material designed to disguise concrete block, or poured concrete construction.

(8)

Single walls and tiered wall systems must provide a minimum of five feet for landscaping in front of the wall. The five-foot landscape area shall not exceed ten percent grade.

Figure 125-521. Fence Heights for Corner Lots
(Not to Scale)

_____

(f)

Exemption for temporary construction fencing. Temporary construction fencing is exempted from the requirements of this section but must obtain a temporary structure permit.

(Code 1998, § 122-343; Code 2008, § 122-343; Ord. No. 281-C, § 1(ch. 16, art. I, § 3), 11-8-1994; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 340-C, § I, 4-27-2004; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-11, § 2, 7-23-2013)

(a)

Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and development services department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and development services department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity.

(b)

Public access to lots. No building shall be erected on a lot which does not have unrestricted access to an open public street accepted by the city.

(c)

Number of principal buildings. Only one principal residential building, except as provided by this land development code for two-family, multifamily buildings and planned unit developments, may hereafter be erected on any lot.

(d)

Lot requirements. No parcel, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance from which this land development code is derived, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this land development code are not maintained. This subsection shall not apply when a portion of a lot is acquired for public purpose. Flag-shaped lots are prohibited.

(e)

Yard setbacks.

(1)

Setbacks shall be measured on a perpendicular line from the property line to the nearest support for the roof of the structure.

(2)

On irregular lots the side yards shall be measured from the building line nearest the narrow portion of the lot.

(3)

Roof projections (eaves) shall not extend more than 36 inches into minimum yard requirements.

(4)

Properties located within the CBD central business district may have roof projections (eaves) over the public right-of-way. Such roof projections shall not be less than eight feet above ground and shall not extend more than eight feet over the public right-of-way, or two feet back from the curb, whichever is less. Nothing in this policy shall be construed to allow roof projections over public streets, alleys or parking areas which would inhibit the free flow of traffic.

(5)

No part of a yard, other open space, or off-street parking or loading space required for any building shall be included as a part of the yard or off-street parking or loading space required for another building for the purpose of complying with the provisions of this land development code.

(f)

Height limits. Unless otherwise described in this chapter, the maximum permitted height for any structure shall be as outlined in article III of this chapter. The height limitations of this land development code also apply to church spires, belfries, cupolas and domes, whether intended or not intended for human occupancy, as well as to monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials, unless otherwise approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations.

(g)

Access to utility easements. No person shall enclose or fence any utility easement unless the person has provided adequate access thereto for the purpose of constructing, repairing and maintaining such utilities therein or thereon located, such access to be provided in such a way that no such fence will have to be cut or any wall removed. No dedicated right-of-way shall be fenced.

(h)

Unsightly occupancies. Unsightly occupancies, such as, but not limited to, junkyards, repair yards and outdoor storage, shall be entirely surrounded by a substantial continuous masonry fence or similarly permanent construction approved by the planning and development services department. Such fence or wall shall be constructed and maintained at a height of six feet to screen the unsightly occupancy. It shall be of similar composition, construction and color throughout and shall be constructed without openings except for entrances and exits, such entrances and exits to be equipped with unpierced gates, except that additional openings may be authorized to provide access for fire protection. Such gates shall be closed and securely locked at all times, except during business hours. Plans for such fence or wall shall be submitted to the planning and development services department, which shall determine whether the proposed fence will meet the requirements of this section. No building permit shall be issued for the construction of such fence or wall until the approval of the planning and development services department has been secured. Such fence or wall shall be maintained in good order and shall not be allowed to deteriorate.

(i)

Property maintenance. It is the duty and obligation of the owner and occupant of all real property in the city to help preserve and protect the public health and general welfare of all residents and their property by keeping their respective lots, parcels or tracts of land, adjacent sidewalks and parkways free from all filth, trash, weeds, dirt, leaves, grass and rubbish and to keep down by mowing, cutting or removal such vegetation and detrital materials.

(1)

Any contiguous unimproved parcel of land greater than one acre is exempt from mowing under the following conditions:

a.

A buffer of 30 feet shall be required to be maintained from any improved right-of-way. All grass or weeds within that buffer will be maintained below 18 inches.

b.

Abutting unimproved parcels will not be required to have a buffer between them.

(2)

Parcels of land used exclusively for tree farming or other agricultural purposes shall be required to maintain a 30-foot buffer from an adjacent improved road right-of-way and a ten-foot buffer from adjacent property lines. All grass and weeds within this buffer must be maintained below 18 inches at all times.

(3)

The requirement to mow parcels with extreme topographic conditions that make mowing extremely difficult or impossible may be waived at the discretion of the administrative official or designee.

(Code 1998, § 122-344; Code 2008, § 122-344; Ord. No. 281-C, § 1(ch. 16, art. I, § 4), 11-8-1994; Ord. No. 2014-25, § 2, 9-23-2014)

Mobile home parks may be located in zones allowing them as a conditional use, provided that a master park plan is prepared showing the location of each mobile home lot. The master park plan, as a minimum, shall meet the following standards:

(1)

Such mobile home park shall have its entrances on a major street.

(2)

At least 4,000 square feet of lot area shall be provided for each mobile home location.

(3)

For each mobile home location there shall be off-street parking space provided for one automobile. Parking spaces for visitors or recreational vehicles must also be provided.

(4)

Interior streets within such mobile home park shall have a paved width of no less than 20 feet, exclusive of any parking space provided along such interior street.

(5)

There shall be a minimum building setback of 50 feet from SR 50 or Highway 27, and 25 feet from other publicly dedicated streets.

(6)

Minimum setbacks from lot lines for each mobile home shall be as follows: front yards, ten feet; side and rear yards, 7½ feet.

(7)

There shall be a buffer strip along the rear and side property lines of such mobile home park except where such property lines are common to street rights-of-way.

(8)

All plans shall be reviewed and approved by the planning and zoning commission and the city council.

(Code 1998, § 122-345; Code 2008, § 122-345; Ord. No. 281-C, § 1(ch. 16, art. I, § 5), 11-8-1994)

Zero lot line development may, as a conditional use, be located in zones allowing multifamily development. The following standards, as a minimum, should be met:

(1)

Lot size. Minimum lot size shall be 5,000 square feet.

(2)

Lot width. Minimum lot width shall be 50 feet.

(3)

Setbacks.

a.

The minimum front yard setback shall be 25 feet.

b.

The minimum rear yard setback shall be 20 feet.

c.

The minimum side yard setbacks shall be zero and 15 feet.

d.

The setback from adjoining unrelated developments shall be nine feet.

e.

Setbacks from all street rights-of-way shall be 25 feet, except, on lots where a rear year abuts another rear yard, 12 feet on the side adjacent to the street right-of-way shall be required.

f.

All yard setbacks shall be a minimum of 25 feet from the established high-water mark.

(4)

Parking. Two off-street spaces are required.

(5)

Living area. Minimum living area shall be 1,000 square feet, exclusive of garages, carports and screened areas.

(6)

Model homes. Home designs or models shall be approved as a part of the conditional use permit.

(7)

Doors prohibited on zero lot line. No doors shall be constructed along the zero lot line.

(8)

Maintenance easements. A maintenance and access easement shall be placed on the lot abutting any zero lot line yard to permit access for maintenance, construction, drainage and other purposes for the benefit of the zero lot line lot. The easement shall extend a minimum of six feet perpendicular to the zero lot line dwelling unit, and shall also extend at least ten feet beyond the dwelling unit along the lot line. Eaves, sills and other architectural projections may extend over the required easement.

(Code 1998, § 122-346; Code 2008, § 122-346; Ord. No. 281-C, § 1(ch. 16, art. I, § 6), 11-8-1994)

Bed and breakfast inns shall meet the requirements of the zoning district in which they are located and shall meet the following criteria:

(1)

Conditional locations. Bed and breakfast inns shall be allowed as a conditional use in the light commercial C-1 district, residential/professional districts R-3 and R-3-A, the central business district CBD, commercial C-2 and industrial M-1 districts.

(2)

Owner/resident manager. As a condition of approval, bed and breakfast inns may be required to be designed where the principal structure or accessory structure is occupied by the owner or resident manager.

(3)

Exterior modifications. The exterior appearance of an existing residential structure shall not be altered from its single-family residential appearance. Modifications required providing accessibility in accordance with the state accessibility code; federal ADA regulations, state hospitality code, building and life safety codes may be required.

(4)

Kitchen facilities. Kitchen facilities shall be approved by the appropriate local, county and state departments and shall be limited to one central kitchen to serve overnight guests and residents only. Cooking facilities shall not be permitted in the guest rooms. Food shall not be provided to non-guests.

(5)

Signs. One non-internally illuminated sign shall be permitted for the principal structure. The sign shall not exceed 20 square feet in sign area, six feet in height, and shall be located at the main entrance. A building permit is required.

(6)

Exterior lighting. All exterior lighting shall be consistent with the style and architecture of the principal structure and shall be so designed, installed and operated so as not to adversely affect adjacent properties.

(7)

Parking requirements. One space per guest room must be provided. Parking spaces shall conform to the minimum dimensions of the code but are not required to meet other design standards.

(8)

Site plan. A site plan shall be required at the time of conditional use permit application submittal.

(9)

Additional conditions. Other conditions that may be deemed necessary by the planning and zoning commission and the city council to protect the character of the neighborhood may be imposed.

(10)

Bed and breakfast inns or boardinghouses. Bed and breakfast inns or boardinghouses permitted as a conditional use (CUP) prior to the adoption of this amendment shall be deemed as a conforming use, subject to those conditions imposed by the city council at the time of approval of the conditional use permit.

(Code 1998, § 122-356; Code 2008, § 122-356; Ord. No. 333-C, § 5, 3-23-2004)

(a)

Necessity and intent.

(1)

There is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas.

(2)

The establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote the general health, safety and welfare of the residents of the city.

(b)

Sidewalk cafe authorized. Restaurant operators, eating and/or drinking establishments located within the CBD Central Business District are allowed to operate a sidewalk cafe that conforms to the requirements of this section and other applicable provisions of this code, and are hereby made exempt from the prohibition of conducting business within a public right-of-way of this Code.

(c)

Definitions. The followings words, terms, and phrases, when used in this section, shall have meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this section.

Sidewalk cafe means seating located on a sidewalk or pedestrian mall which is associated with an adjacent eating and/or drinking establishments where food or beverages are delivered for consumption on the premises. It is characterized by movable tables and chairs and may be shaded by umbrellas. Sidewalk cafes shall be permitted only as an accessory use to a licensed restaurant or food/drinking establishment.

(d)

Permit and application requirements.

(1)

It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way within the city without obtaining a permit as required by this article. Sidewalk cafes shall only be located where permitted by the city's land development code. No person shall establish a sidewalk cafe on a public sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe pursuant to this Code.

(2)

The chief of police or designee shall have the right to remove, after 24 hours' notice, any tables, chairs and other objects on public property which are used in connection with a sidewalk cafe which do not have a permit and shall have the right to immediately remove any tables, chairs or other objects on public property which impede pedestrian traffic or pose a threat to the public health, safety or welfare.

(3)

A permit for a sidewalk cafe shall be issued only to the operator of a valid food and/or drink license and operating restaurant who wishes to provide moveable tables and chairs on the sidewalk or pedestrian mall adjacent to the restaurant.

(4)

Application forms for permits to operate a sidewalk cafe are provided by the development services department.

(5)

A scaled drawing of the cafe area shall be required with each sidewalk cafe permit application with measurements outlining the location, boundary, tables, chairs, barriers, stanchions, host or hostess stations, and other features.

(6)

The number of chairs or seats to be utilized for the sidewalk cafe must be included in the number of seats authorized by the license.

(7)

A copy of the state alcoholic beverage license and state approved site plan identifying the extension of this permit to the sidewalk where the cafe seating will operate as required by this Code.

(e)

Fees. Fees may be required as adopted by resolution of the city council.

(f)

Standards and criteria.

(1)

Sidewalk cafes shall be located in such a manner that a minimum width of four feet is maintained at all times as an unobstructed pedestrian path.

(2)

Sidewalk cafes are restricted to the usable sidewalk area and adjacent outdoor seating area of the licensed establishment to which the permit is issued or within the usable sidewalk area of the building where the validly licensed restaurant is located.

(3)

All tables, chairs, umbrellas, heaters, signs or other personal or business property will not be permitted within four feet of a pedestrian crosswalk or handicap corner curb cut.

(4)

The sidewalk cafe demonstrates that the cafe's seating will not obstruct vehicle passengers from exiting their cars with the placement of their curbside tables.

(5)

Private trash containers are required for each cafe permit. The containers shall be kept clean, orderly and placed in safe locations to help prevent capsizing of the containers.

(6)

The containers shall be monitored and emptied on a consistent basis to prevent any trash and debris overflows. The containers shall not be used for disposing of table waste generated by the restaurant and /or sidewalk cafe customers.

(7)

Any trash surrounding a sidewalk cafe permit will be the responsibility of the owner and/or business occupant to pick up and collect in a timely manner. The city will not be responsible for trash collection relating to the sidewalk cafe permit.

(g)

Special restrictions.

(1)

Sidewalk cafes shall be required to keep the sidewalk and close proximity free of trash and debris as a result of the sidewalk cafe.

(2)

Sidewalk cafe operations may be required to cease immediately at the sole discretion of the city.

(3)

Sidewalk cafe permits are valid for one year. Applicants may reapply provided there are no outstanding code enforcement violations relating to the sidewalk cafe permit.

(4)

The sidewalk cafe permit is a license to temporarily use the city's sidewalks within the city's rights-of-way. It is not intended and shall not be constructed as an interest in the real property.

(5)

For the purpose of public safety, at any time after obtaining a sidewalk cafe permit, the permittee may be limited to use of non-breakable beverage containers after the police department receives complaints or there are observations for the need to amend the sidewalk cafe permit to impose the non-breakable beverage provision.

(6)

The permit covers the public sidewalk and right-of-way adjacent to the establishment. Tables and chairs on private property will be governed by other applicable regulations. No additional outdoor seating authorized pursuant to this Code shall be used for calculating seating requirements pertaining to applications for or issuance of an alcoholic beverage license for any establishment; nor shall the outdoor seating be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any city ordinance or state law. However, additional outdoor seating authorized pursuant to this Code shall be included in determining required plumbing or accessibility fixtures or other fire and building code requirements.

(7)

Approval of a sidewalk cafe permit shall be conditioned upon obtaining the necessary state alcoholic beverage license and meeting all state alcoholic beverage requirements. The approved site plan by the state for the state alcoholic beverage license to allow service outside of the establishment must conform to the proposed site plan for the cafe seating and must be submitted with the application for a sidewalk cafe permit. All tables and chairs must not exceed the boundaries of the state alcoholic beverage plan and the sidewalk cafe plan.

(h)

Alcohol service. Sidewalk cafes are hereby made exempt from the prohibition on the sales and consumption of alcoholic beverages outside of a licensed building as provided by this Code.

(i)

Liability and indemnification.

(1)

Prior to the issuance of a permit, the applicant shall furnish a signed statement indemnifying the city, its officers and employees for any damages to property or injury to persons which may be occasioned by any activity carried under the terms of the permit.

(2)

A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any and all damages or penalties which the city may be legally required to pay as a result of the permittee's operation or maintenance of a sidewalk cafe under this part, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the city.

(3)

A permittee shall also pay all expenses incurred by the city in defending itself with regard to any and all damages and penalties mentioned in subsection (i)(1) of this section. These expenses shall include all out-of-pocket expenses, including a reasonable attorney's fee and the reasonable value of services rendered by any employee of the city.

(4)

The permittee shall maintain, throughout the term of the permit, liability insurance insuring the city and the permittee with regard to all damages mentioned in subsection (i)(1) of this section caused by the grantee or its agents, in the minimum amounts of:

a.

Workers' and unemployment compensation insurance as provided by the laws of this state.

b.

Two hundred thousand dollars ($200,000.00) for property damage, bodily injury, or death payable to any one person and $1,000,000.00 for property damage, bodily injury or death when totaled with all other claims or judgments arising out of the same incident or occurrence.

c.

The insurance policies obtained by a permittee in compliance with this section shall be issued by a company or companies acceptable to the city and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the city during the term of the permit. The policies shall name the city as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the city at least 30 days in advance of the effective date thereof.

d.

An applicant for a permit shall be required to submit evidence of liability insurance.

(j)

Revocation or suspension; emergencies.

(1)

The approval of a sidewalk cafe permit is conditional at all times. A sidewalk cafe permit may be revoked or suspended if it is found that:

a.

Any necessary business or health permit has been suspended, revoked or canceled.

b.

The permittee does not have insurance which is correct and effective in the minimum amounts described in this section.

c.

The permittee exceeds the approved number of seats by placing additional tables, chairs, et cetera, in or beyond the approved area.

d.

The permittee has failed to correct violations of this code or conditions of this permit within 24 hours of receipt of the director's notice of such violations delivered in writing to the permittee.

(2)

If the permittee fails to remove any tables, chairs and other objects related to sidewalk cafe within 48 hours of receipt of the chief of police or designee final notice of revocation or suspension, the chief of police or designee shall have the right to remove such objects.

(3)

If a permittee is found in violation of the codes and given a written citation on three occasions in a single year as identified as the beginning date of the permit issuance, the sidewalk cafe permit shall be suspended for a period of time or revoked as determined by the chief of police or designee, effective immediately upon receipt of a third violation. In addition, if the chief of police or designee believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, the chief of police or designee shall serve the permittee by certified mail or hand delivery at the permittee's business address as disclosed in the application for the permit or at the permitted premises, a written administrative complaint which affords reasonable notice of facts or conduct which warrant the intended action. The permittee shall be given adequate opportunity to request an administrative hearing before the code enforcement board unless the chief of police or designee finds that an emergency condition exists involving serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the permittee shall immediately be advised of the chief of police or designee' s action and afforded a prompt post-suspension or revocation hearing in accordance with the procedures set forth in this Code. Appeals of applications or cafe seating plans rejected by the city may be heard by the planning and zoning commission for either upholding the decision of the chief of police, further revising and approving the plan or approving the submitted plan.

(Code 2008, § 122-357; Ord. No. 2015-01, § 2, 1-13-2015; Ord. No. 2023-020, § 2, 8-8-2023; Ord. No. 2025-014, § 3, 5-27-2025)

(a)

Purpose. This section has been established to guide the implementation of Senate Bill 102 also known as the "Live Local Act." A Live Local Act project is a multi-family rental development project that meets the following requirements, as further outlined in Florida Senate Bill 102:

(1)

Multifamily or mixed-use residential project in the C-1, C-2, M-1 and PUD zoning districts.

(2)

At least 40 percent of the units are affordable for eligible households up to 120 percent of the area median income (AMI) for at least 30 years.

(3)

If the property is developed as a mixed-use project, at least 65 percent of the square footage of the project is residential.

(b)

Neighborhood workshop. The purpose of a neighborhood workshop is to ensure early citizen participation in an informal forum in conjunction with Live Local Act (LLA) applications, and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. These workshops ensure that citizens and property owners have an adequate opportunity to learn about LLA applications that may affect them and to work with the applicant to resolve any concerns at an early stage of the process. A neighborhood workshop is not intended to produce complete consensus on all LLA applications, but to encourage applicants to be good neighbors and to allow for informed decision making. If an applicant falls to hold a required neighborhood workshop, the department shall not accept that development application for review under the Live Local Act review process.

(c)

Public notice. Public notice of a neighborhood workshop shall be provided as indicated below.

(1)

Notice to development services director. An applicant intending to hold a neighborhood workshop shall coordinate with the development services director prior to scheduling the workshop. The developer services director, or designee, shall confirm receipt and acknowledgement of the proposed notice.

(2)

Notice required.

a.

The applicant shall provide notification of the workshop by mail to all owners of property located within 150 feet of the subject property. The applicant shall provide proof of mailing, as part of the LLA application, by submitting a signed and notarized affidavit, on a form acceptable to the City, attesting to the date of the mailing and the number of notices sent. In addition, a copy of the mailed noticed shall be included within the application along with a list containing the name and address of property owners to whom the mailed notices were provided. In addition to the property owners, notices shall also be mailed to the Lake County School Board and the Lake County Board of County Commissioners. The applicant shall mail these notices with proper postage at least 15 calendar days before the date of the workshop.

b.

The applicant shall also post notice signs of the workshop at the property that is the subject of the LLA application at least 15 calendar days before the date of the workshop. The notice must include a description of the application, potential uses, and other information as required by the development services director or designee, as well as the date, time, and location of the workshop. The applicant's contact information shall also be included on the posted notice sign. The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as determined by the development services director or designee. A notarized affidavit shall be submitted certifying that the signs were posted in compliance with the standards in this section along with photographs of all the signs posted.

c.

The applicant shall publish notice of the workshop in a newspaper of general circulation a minimum of 15 days before the workshop. The advertisement shall be a minimum of two columns wide and four inches long. The ad shall be titled "Public Notice," with a description of the request, a map of the property, location of workshop, date, time and applicant's contact information.

(3)

Postponed workshops. New public notice consistent with the Section above shall be provided for any rescheduled workshop.

(d)

Workshop and public participation report. The applicant shall as part of the LLA application hold a workshop and submit a written public participation report documenting the results of the public participation effort.

(1)

Workshop date and time. The workshop shall start between 6:00 p.m. and 8:00 p.m. on a weekday or between 9:00 a.m. and 7:00 p.m. on a weekend. The workshop shall not be held on a holiday, holiday weekend, day before a holiday, or day before a holiday weekend. The workshop must be held in a location generally near the subject property and must be held in a facility that is ADA compliant.

(2)

Workshop elements. At the workshop, the applicant shall present the following, as applicable:

a.

A general concept plan for the use of all included lands. Such plans shall indicate the general location of residential areas (including density and unit types), open space, active or resource-based recreation areas, natural areas (including wetlands and flood plains), and non-residential areas (including maximum square footage and maximum height).

b.

A plan of vehicular, bicycle, and pedestrian circulation showing the general locations and right-of- way widths of roads, sidewalks and access points to the external and internal thoroughfare network.

c.

Drawings indicating the conceptual architectural theme or appearance and representative building types.

(3)

Workshop summary. The applicant shall submit to the department, as part of the LLA application, a summary of the materials presented at the workshop, the issues raised by those in attendance, the suggestions and concerns of those in attendance, a copy of the sign-in sheet, a copy of the workshop advertisement and a copy of the mailed notices sent to property owners.

(e)

Application and review.

(1)

Application. Applications for development under the Live Local Act ("LLA Application") shall be made on the appropriate form provided for that purpose by the City. The LLA application shall be in addition to any other application required commensurate with the type of use and project. The LLA application shall specifically demonstrate, at a minimum, that the project qualifies as affordable housing under the act and sworn by notarized affidavit.

(2)

Review. Upon receipt of a completed application the development services director or designee, shall forward the completed application to the site review committee, who shall submit written review report of the application. Review of the LLA application shall be in addition to any other review (site plan) associated with the development.

(f)

Compliance.

(1)

The applicant/owner of the Live Local Project shall submit a notarized affidavit to the City by December 31 ^st of each year attesting they meet the requirements under Florida Statutes, Section 166.04151 Affordable Housing (7)(a).

(Ord. No. 2024-012, § 2, 2-27-2024)

Editor's note— Ord. No. 2024-012, § 2, adopted Feb. 27, 2024, repealed the former § 125-527, and enacted a new § 125-527 as set out herein. The former § 125-527 pertained to workforce housing density bonus and derived from Code 2008, § 122-358; Ord. No. 2018-30, § 2, adopted Oct. 9, 2018; and Ord. No. 2020-19, § 2, adopted June 23, 2020.

(a)

Accessory dwelling unit (ADU) shall mean a self-contained dwelling unit with its own dedicated entrance, cooking accommodations, and complete bathing facilities separate from the primary residential unit.

(b)

An ADU may be attached to or detached from the primary residence and must remain under the same ownership as the primary dwelling unit.

(c)

The property owner must live on-site, either in the primary residential unit or the ADU.

(d)

The ADU may be permitted in the following residential zoning districts: R-1-A, R-1, R-2, R-3, R-3-A or PUD.

(e)

The ADU may be permitted in the Central Business District on a lot that currently has an existing single-family residence and is recognized as a lot of record.

(f)

The ADU living space shall be a minimum of 350 square feet up to a maximum of 800 square feet.

(g)

The ADU structure must be constructed in a similar architectural style, appearance and material as the primary single-family structure.

(h)

Mobile homes, recreational vehicles, travel trailers, shed, Conex boxes or shipping containers shall not be permitted as ADUs.

(i)

ADU setbacks:

(1)

Front: ADU shall be placed behind the primary residential unit front building line.

(2)

Side: ADU shall be placed equal to the required side yard setback of the zoning district of the lot.

(3)

Rear detached: Detached ADU shall be placed equal to the side yard setback from the rear property line or established utility easement, whichever is greater.

(4)

Rear attached: Attached ADU connected to the primary residential unit shall be the same as the primary residential unit.

(j)

Only one ADU may be permitted per lot and one parking space shall be provided for the ADU on the lot.

(k)

A primary single-family dwelling unit must exist on the lot prior to the construction of a detached ADU. The ADU shall not be considered as part of the dwelling unit count for zoning purposes.

(l)

Deed restrictions and covenants may prohibit ADUs and it is the responsibility of the property owner to have verified any restrictions.

(m)

The ADU must comply with minimum housing standards for habitation and meet the minimum building and fire safety codes for independent residential dwelling unit.

(Code 2008, § 122-365;Ord. No. 2020-20, § 2, 6-23-2020)

(a)

Generally; issuance of permit by city manager or designee. All retail or wholesale sales must be located within a completely enclosed building, unless an open air sales permit has been issued. The city manager or designee may issue an open air sales permit using the following criteria:

(1)

Number and duration of permits. Two nonconsecutive permits per calendar year may be issued for a maximum of 30 consecutive days.

(2)

Application for permit. A written request must be submitted setting forth the name and address of the applicant, the location of the proposed operation, a description of the proposed operation, the number of days for which the permit is desired and the property owner's permission, if applicable.

(3)

Sign. One two-sided sign, a maximum of eight square feet in size, shall be allowed and shall be set back a minimum of ten feet from all property lines.

(4)

Exceptions.

a.

Open storage for the sale of automobiles, farming implements, trailers, boats and gasoline is exempt from this section.

b.

Open air sales permits for greater than 30 days or up to two nonconsecutive times per year may be issued in the central business district and for shopping centers in C-1 Light Commercial Districts and C-2 General Commercial Districts if the open air sales are directly related to the established business on the subject site.

c.

Single use/lot businesses located on State Road 50 between East Avenue and Linton Court that have existing open air sales that have existed for more than five years prior to the adoption of this section shall be considered nonconforming and may continue such open air sales unless or until required parking is inhibited or access to the site becomes limited or the open air sales use of the property is abandoned, as provided by code.

(b)

Permits for period greater than 30 days.

(1)

Open air sales permits in C-1 light commercial districts and C-2 general commercial districts for a period greater than 30 days or up to two nonconsecutive times per year may be approved by the city manager or designee upon a showing that such use shall not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity.

(2)

Such permit may be granted upon a showing by the permittee that the activity shall be confined to a specific parcel of property not otherwise utilized; that the activity shall be a minimum of 100 feet from State Road 50; and that no other open air sales permit has been granted by the city council within one mile, except for open air sales permits in conjunction with an established retail establishment.

(3)

Signs for open air sales are limited to one two-sided sign of a maximum of eight square feet per side.

(Code 1998, § 122-347; Code 2008, § 122-347; Ord. No. 281-C, § 1(ch. 16, art. I, § 7(A), (B)), 11-8-1994; Ord. No. 285-C, § I, 3-12-1996; Ord. No. 2010-05-C, § 2, 3-23-2010)

(a)

Permit required; issuance; restrictions. All temporary structures, including tents or canopies, shall be required to obtain a temporary structure permit prior to erection or placement of the structure. The following restrictions shall apply:

(1)

One permit per calendar year for a maximum of ten days may be issued through the office of the city manager or designee. Multi-unit developments shall only be allowed one permit per year for the development, not one per unit.

(2)

More than one permit per year or permits for more than ten days must be requested of the city council and shall be considered during a public hearing.

(3)

One permit per calendar year for a maximum of 30 days may be issued for Christmas tree sales. Such permit may include a maximum of two signs or banners for advertising placed on the site in accordance with the land development code. Maximum sign size shall be 32 square feet.

(4)

The temporary structure and signage must be removed upon expiration or revocation of the permit.

(b)

Exemptions. Funeral tents and camping tents are exempt from the frequency requirement but shall not remain up for more than three days.

(c)

Revocation of permit. Temporary structure permits may be revoked if it is determined that such action would be in the best interest of the general public.

(d)

Existing temporary structures. Existing temporary structures as of the date of the adoption of the ordinance from which this land development code is derived shall be given a maximum of 180 days for removal.

(Code 1998, § 122-348; Code 2008, § 122-348; Ord. No. 281-C, § 1(ch. 16, art. I, § 7(C)), 11-8-1994; Ord. No. 2010-05-C, § 2, 3-23-2010)

(a)

Intent. The purpose of this section is to accomplish the following:

(1)

Permit residents of the city a broad choice in the use of their homes as a place of livelihood and for the production or supplementing of personal and family income.

(2)

Protect residential areas from adverse impacts of activities associated with home occupations.

(3)

Establish criteria and development standards for home occupations conducted in residential uses.

(b)

Permitted home occupations. Permitted home occupations are as follows:

(1)

Office uses such as professional and business office activities that do not involve clients, customers or employees visiting the premises (telephone use only).

(2)

Off-site sales of customary hobby crafts produced at hobbyist volumes in the home by family members.

(3)

Off-site provision of services to other homeowners that does not involve the use of tools or machinery in size or numbers beyond that customarily found in a residence.

(c)

Prohibited home occupations. The following are prohibited:

(1)

Motor vehicle and boat repair;

(2)

Beauty shops and barbershops;

(3)

Childcare centers or nursery schools;

(4)

Amplified musical instrument instruction;

(5)

Dance and nonamplified musical instrument instruction, except private tutoring of no more than one student per session;

(6)

Photography studios;

(7)

Retail and wholesale sales;

(8)

Painting or detailing of vehicles, trailers or boats;

(9)

Upholstering;

(10)

Welding;

(11)

Taxidermy;

(12)

Dentists' and doctors' offices;

(13)

Lawyers' offices;

(14)

Kennels and pet grooming shops;

(15)

Any use found by the city manager to not comply with the general nature, intent and requirements of this section and other provisions of the land development code.

(d)

Restrictions. Home occupations are permitted accessory uses in all residential zones, subject to the following restrictions:

(1)

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

(2)

No use of material or mechanical equipment which creates any unreasonably loud, disturbing and unnecessary sound, electrical interference, vibration, odor or effect which can be heard, felt or otherwise sensed upon adjoining property or other public right-of-way shall be allowed.

(3)

No commodities shall be advertised, stored or kept outside, or sold on the premises.

(4)

No signs or structures shall be allowed other than those normally permitted in the zone.

(5)

The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

(6)

No outdoor storage of materials, supplies or commercial vehicles visible from the public street or adjacent property shall be allowed in connection with the home occupation beyond that normal to the residential character of the zone.

(7)

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the operation of the home occupation. The appearance of the structure shall not be altered, nor shall the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use.

(8)

No home occupation shall cause an increase in the use of any one or more public utilities, water, sewer and garbage collection, so that the combined total use for dwelling and home occupation purposes exceeds the customary average for similar type residences within the city.

(Code 1998, § 122-349; Code 2008, § 122-349; Ord. No. 281-C, § 1(ch. 16, art. I, § 8), 11-8-1994; Ord. No. 349-C, § 2, 1-10-2006; Ord. No. 2014-24, § 2, 9-23-2014; Ord. No. 2025-014, § 3, 5-27-2025)

Model homes and model home sales centers may be permitted in residential zoning districts, or as a part of a residential or mixed use planned unit development, subject to the following requirements:

(1)

Model home means a single residential, duplex, townhome or condominium structure built to code for eventual residential use, not occupied as a dwelling unit, but open to the public for inspection, and used solely for demonstration and selling of residential dwellings being constructed in the same subdivision.

(2)

Model home sales center means two or more adjacent residential, duplex, townhome or condominium structures not occupied as dwelling units, open to the public for inspection and used solely for demonstration and selling of residential dwellings in the subdivision.

(3)

Use. Model homes and model home sales centers shall be restricted primarily to the sale and marketing of the residential structures within the particular subdivision or project that the models are located.

(Code 1998, § 122-350; Code 2008, § 122-350; Ord. No. 296-C, § 2, 5-23-2000)

(a)

Dwellings constructed within a residential subdivision under active development may be used as display models during active development of the subdivision. Use of such dwellings as display models shall be temporary and shall be permitted only while dwellings of the same type and style are being constructed within the subdivision.

(b)

Model homes shall only be permitted for newly constructed structures which have not been previously occupied as a residence.

(c)

No model home may be used for living purposes either temporarily or permanently, until after the model home use has ended.

(d)

Model homes shall be used for the sole purpose of public inspection and marketing. No other commercial or residential activities shall be permitted.

(e)

Model homes and model home centers shall incorporate the principles of xeriscaping into the landscape. Approved xeriscape plant material suitable for use in landscaping for model homes and model home centers is included in the approved tree and shrub list in sections 123-47 and 123-48. A sign no larger than 24 inches by 18 inches declaring that the landscape is an example of a xeriscape project shall be prominently displayed.

(Code 1998, § 122-351; Code 2008, § 122-351; Ord. No. 296-C, § 2, 5-23-2000; Ord. No. 310-C, § II, 7-24-2001)

(a)

Building permits. Building permits may be issued after the following:

(1)

Approval of the preliminary plat and approval of the construction plans for the development; and

(2)

Approval of a conceptual site plan for the model home or model home center by the site review committee. The conceptual site plan shall be of the appropriate scale and detail to adequately describe and define vehicular and pedestrian traffic safety measures, parking, signage and landscaping requirements. Additional requirements, restrictions and conditions may be imposed by the site review committee to address site specific or project concerns and to ensure buffering of adjacent properties used or zoned for residential use.

(b)

Number.

(1)

The maximum number of building permits for model homes that may be issued prior to recording of the final plat shall be:

(2)

For purposes of this section, the number of approved dwelling units shall mean the number of dwelling units approved on the plat within a particular phase of a project, not the total number of dwelling units approved within the overall development.

(3)

For purposes of this section, the number of townhome and condominium units that may be constructed prior to final plat shall be limited to the number of units within one structure.

(c)

Certificate of occupancy. A certificate of occupancy shall not be issued for a model home until:

(1)

All improvements for the development have been installed and approved by the city; or, when approved by the site review committee, a performance bond has been posted in conformance with section 125-561; and

(2)

The final plat has been recorded with the clerk of the court.

(3)

No model home may be sold until the plat has been recorded with the clerk of the court and the model home temporary use permit is terminated.

(d)

Temporary use permit. A permit, authorizing the use of the home as models, shall be issued only in conjunction with an approved site plan for a model home or a model home center. A temporary use permit shall be issued initially for a period of three years and may be renewed annually thereafter. In considering renewal of such temporary use permit, the city manager or designee, shall determine that the permit holder is operating in compliance with the city's land development regulations and this Code, and evaluate the impact of the model home on the surrounding developing neighborhood. If the city manager or designee, determines that the model home units are creating an undesirable impact on the neighborhood, the temporary permit may not be renewed.

(Code 1998, § 122-352; Code 2008, § 122-352; Ord. No. 296-C, § 2, 5-23-2000)

(a)

At a minimum, the parking area for a single model home may be provided within the standard driveway constructed to serve the residential unit. Should the developer wish to not install a driveway or block the driveway, parking shall be required on an adjacent parcel, with a minimum of four off-street parking spaces to be provided.

(b)

At a minimum, a model home sales center shall provide four off-street parking spaces for the first model home and two additional spaces for each adjacent model. Additional spaces may be required, if the site review committee determines that based on the scope of the project, the minimum parking requirements would be inadequate.

(c)

The site review committee may approve permeable parking areas. The site review committee shall consider the site characteristics of the parking area, including, but not limited to, the elevation, slope, drainage, soil type and adjacent surface conditions in determining whether the parking area should be of pervious or impervious materials.

(Code 1998, § 122-353; Code 2008, § 122-353; Ord. No. 296-C, § 2, 5-23-2000)

(a)

Model home and model home center signs shall conform to the following requirements:

(1)

A model home center, consisting of two or more model homes, shall be eligible for identification signs according to the following requirements:

a.

One sign may be permitted per model home center and shall be located on the property included within the model home center.

b.

Signs shall not exceed 32 square feet.

c.

Signs shall not exceed eight feet in height.

d.

Signs shall be setback from all property lines a minimum of five feet.

e.

Illumination of the sign shall be allowed; however, back lit signs shall be prohibited.

(2)

In addition to the signs set for in subsection (a)(1) of this section, each model home shall be eligible for identification signs according to the following requirements:

a.

One sign may be permitted per model home.

b.

The permitted sign shall be located on the same lot as the model home.

c.

Signs shall not exceed six square feet in total area.

d.

Signs shall not exceed four feet in height.

e.

Signs shall be setback from all property lines a minimum of five feet.

f.

Signs shall not be illuminated.

(b)

Ground directional signs that guide and direct traffic to the model homes may be permitted within the subdivision, provided the signs do not exceed four square feet in area and four feet in height. Only one ground directional sign will be permitted on any one street, regardless of the length of the street. Ground directional signs shall not be placed within street rights-of-way.

(c)

Where a parking area is provided on an adjacent lot to a model home or a model home center, one ground directional sign may be located at the entrance to the parking area, provided the sign does not exceed four square feet in area and four feet in height. Said sign shall indicate nothing other than the word "Parking" and a directional arrow if desired.

(d)

All signs provided for in this section shall be removed when the model home or model home center use is terminated.

(Code 1998, § 122-354; Code 2008, § 122-354; Ord. No. 296-C, § 2, 5-23-2000)

(a)

If approved by the site review committee, a performance bond may be accepted for items, such as, but not limited to, the following:

(1)

Improvements that are required on the approved construction plans for the subdivision, that are not to be installed until the models are converted to a residential use.

(2)

Temporary improvements that would need to be removed to convert the property back to a residential use (i.e., parking areas, signs, etc.).

(3)

Driveways and/or sidewalks for individual lots, required by this Code, that are not installed at the time of construction of the models.

(b)

The bond shall be in the amount of 100 percent of a certified construction estimate prepared by a licensed engineer or contractor and approved by the city engineer prior to the issuance of a temporary use permit for the model homes and shall be increased, if necessary, upon any renewal of the model home or model home center temporary use permit.

(Code 1998, § 122-355; Code 2008, § 122-355; Ord. No. 296-C, § 2, 5-23-2000)

(a)

Purpose. The purpose of this division is to promote public health, safety, welfare and convenience through regulations and standards for short-term vacation rental properties by providing for:

(1)

A vacation rental permit;

(2)

Safety and operational requirements;

(3)

Parking standards;

(4)

Solid waste handling and containment;

(5)

Licensure requiring posting of vacation rental information;

(6)

Administration, penalties and enforcement.

(b)

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Words not defined shall be given their meaning as provided in chapter 8.

Habitable room means a room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage space.

Life safety violation means a violation of any code intended primarily to prevent the loss of life, injury and property damage.

Occupant means any person who occupies, either during the day or overnight, a vacation rental.

Responsible party means the owner or the person designated by the owner of the property to be called upon to answer for the maintenance of the property and the conduct and acts of occupants of said vacation rental property.

Transient public lodging establishment means any unit, group of units, dwelling, building or group of buildings within a single complex of buildings that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

Vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family or four-family house or dwelling unit that is also a transient public lodging establishment and is located in an area zoned Residential, but that is not a timeshare project.

Vacation rental representative means a vacation rental property owner, or authorized designee, as identified in the application for a city vacation rental permit.

(Code 2008, § 122-360; Ord. No. 2019-28, § 2, 1-28-2020)

(a)

Permit required.

(1)

A property owner operating a vacation rental shall obtain a vacation rental permit prior to advertising a property available for short-term rental.

(2)

The advertising or advertisement for the rental of a dwelling unit for periods of less than 30 days or one calendar month and more than three times a year is direct evidence of operating a property for rent as a vacation rental in violation of subsection (a)(1) of this section.

(b)

Application for vacation rental permit.

(1)

A property owner seeking initial issuance of a vacation rental permit, or the renewal or modification of a vacation rental permit, shall submit a completed vacation rental permit application, in a form promulgated by the city, together with an application fee in an amount set by resolution of the city council.

(2)

A complete application for the initial issuance of a vacation rental license, or for its renewal or modification, shall demonstrate compliance with the standards and requirements set forth in this division through the following submittals:

(3)

A completed vacation rental permit application form, which must identify; the property owner, the address of the vacation rental, the vacation rental representative, and the phone number of the vacation rental representative.

(4)

Payment of applicable fees.

(5)

A copy of the vacation rental's current and active license as a transient public lodging establishment with the state department of business and professional regulation.

(6)

A copy of the vacation rental's current and active certificate of registration with the state department of revenue for the purposes of collecting and remitting sales surtaxes, transient rental taxes, and any other taxes required by law to be remitted to the state department of revenue, if applicable.

(7)

Evidence of the vacation rental's current and active account with the county tax collector for the purposes of collecting and remitting tourist development taxes and any other taxes required by law to be remitted to the county tax collector, if applicable.

(8)

Interior building sketch by floor. A building sketch (may be hand-drawn) by floor shall be provided, showing a floor layout and demonstrating compliance with the standards and requirements set forth in this division. The sketch provided shall be drawn to scale, and shall show and identify all bedrooms, other rooms, bathrooms, exits, hallways, stairways, smoke and carbon monoxide detectors, fire extinguishers and exit signage/lighting.

(9)

Exterior site sketch. A sketch showing and identifying all structures, pools, spas, hot tubs, fencing and other uses, including the number and the location of all on-site parking spaces for the vacation rental.

(10)

Acknowledgment that each guest room shall be equipped with an approved, listed, single-station smoke detector meeting the minimum requirements of the NFPA.

(11)

A section indicating whether the vacation rental will have ten or fewer occupants or more than ten occupants.

(12)

Representation that the property is in compliance with all applicable codes. A vacation rental permit shall not be issued on a property with open violations.

(13)

Incomplete applications will not be accepted, but will be returned, with any fees submitted to the property owner, with a notation of what items are missing.

(14)

Vacation rental permit applications shall be sworn to under penalty of perjury. Any false statements in an application shall be a basis for the revocation of any license issued pursuant to that application.

(15)

The owner shall comply with all applicable city, county, state and federal laws, rules, regulations, ordinances and statues.

(c)

Modification of vacation rental permit An application for modification of a vacation rental license shall be required in the event that any of the following changes to the vacation rental are proposed:

(1)

An increase in the gross square footage;

(2)

An increase in the number of bedrooms;

(3)

An increase in the maximum occupancy;

(4)

An increase in the number of parking spaces, or a change in the location of parking spaces;

(5)

An increase in the number of bathrooms;

(6)

Any other material modifications that would increase the intensity of use.

(d)

Duration of vacation rental permit. The vacation rental permit shall expire each September 30 and may be annually renewed thereafter if the property is in compliance with this division.

(e)

Renewal of vacation rental permit. A property owner may apply for a renewal beginning July 1 prior to the expiration of the annual license. Initial applications and renewals received after July 1 of the fiscal year shall be valid for the term expiring on September 30 of the following year. Each application for renewal received after September 30 shall be assessed a late fee of $100.00.

(f)

Compliance inspections of vacation rentals.

(1)

Except as provided in subsections (f)(2) and (3) of this section, inspection of a vacation rental shall be required prior to issuance of a vacation rental license to verify compliance with the laws, rules and regulations of all regulatory authorities having jurisdiction, and where such laws, rules and regulations are applicable and are known to the building official. If instances of noncompliance with the standards and requirements therein are found, all such instances of noncompliance shall be corrected, and the vacation rental shall be re-inspected prior to the issuance of an initial vacation rental permit.

(2)

An applicant shall sign a sworn statement, under penalty of perjury, that the applicant believes the subject property is in compliance with all city codes. Once an applicant signs such a sworn statement, a vacation rental permit will be issued upon compliance with all requirements for the issuance of a vacation rental permit other than the inspection and code compliance requirements. The applicant will then have six months from the date of issuance of the vacation rental license to comply with the inspection and code compliance requirements. If the applicant fails to comply with the inspection and code compliance requirements within six months, the vacation rental license will be automatically suspended, unless the applicant, prior to the expiration of the six-month period, submits a written request for an extension of time. An extension of time may be based solely on a claim that the failure to comply within six months was caused primarily by the city, and the written request will detail circumstances that support such a claim. The city manager, or designee, is authorized to grant or deny the request. Denial by the city manager will result in the automatic suspension of the vacation rental permit.

(3)

Current licensees will have six months from the date of issuance of a vacation rental license to comply with the inspection and code compliance requirements. If the licensee fails to comply with the inspection and code compliance requirements within six months, the vacation rental license will be automatically suspended, unless the applicant, prior to the expiration of the six-month period, submits a written request for an extension of time. An extension of time may be based solely on a claim that the failure to comply within six months was caused primarily by the city, and the written request will detail circumstances that support such a claim. The city manager, or designee, is authorized to grant or deny the request. Denial by the city manager will result in the automatic suspension of the vacation rental license.

(4)

Once a vacation rental permit is issued for a vacation rental, such vacation rental shall be properly maintained in accordance with the standards and requirements set forth in this division. In the event a notice of violation is issued, all violations shall be corrected and re-inspected within 30 calendar days after the issuance of the notice of violation, with the exception of life safety violations, which must be corrected within the earlier of three city working days or the start of the next rental period. Failure to correct such violations within the timeframes provided shall result in the suspension of the vacation rental license until such time that the violations are corrected, re-inspected, and found in compliance.

(5)

In the event a vacation rental property is declared a repeat nuisance, the vacation rental license shall be suspended pending the development by the property owner of a written action plan outlining the specific measures that the owner will take to eliminate the reoccurrence of nuisance activities at the property. The property owner shall provide the action plan to the city no later than 15 days from the date of the declaration notice of repeat nuisance property. If the city determines that the action plan is adequate to eliminate the reoccurrence of nuisance activities on the properties, the city shall establish a reasonable time period, not exceeding 45 days from the date the action plan is deemed adequate, to implement the action plan. If the property owner implements the action plan within the time frame established by the city, the declaration of a repeat nuisance will be closed, and the vacation rental license restored. If the city determines that the action plan is not adequate to eliminate the reoccurrence of nuisance activities on the property, the city may require the property owner to revise the action plan. The property owner shall submit the revised action plan to the city no later than ten days from the date the action plan is determined to be inadequate. The provision of an inadequate action plan on three consecutive occasions shall result in the revocation of the vacation rental license.

(6)

The inspection shall consist of criteria established by the city manager or designee. Such criteria shall be established for the primary purpose of protecting the health, safety and welfare of vacation rental occupants.

(g)

Permit non-transferable, non-assignable. Vacation rental licenses are non-transferable and non-assignable. If the ownership of any vacation rental is sold or otherwise transferred, any outstanding vacation rental license as to that vacation rental shall be null and void upon the sale or transfer.

(Code 2008, § 122-361; Ord. No. 2019-28, § 2, 1-28-2020; Ord. No. 2025-014, § 3, 5-27-2025)

Every vacation rental representative shall:

(1)

Be available by landline or mobile telephone answered by the vacation rental representative at the listed phone number, 24-hours a day, seven days a week, to handle any problems arising from the vacation rental.

(2)

Be willing and able to be physically present at the vacation rental within 60 minutes following notification from a vacation rental occupant, law enforcement officer, emergency personnel, or the city for issues related to the vacation rental, and shall actually be physically present at that location in that time frame when requested.

(3)

Conduct an on-site inspection of the vacation rental at the end of each rental period to ensure continued compliance with the requirements of this division.

(4)

Maintain for three years a log of all guests of the vacation rental to be available for inspection upon request.

(5)

Conduct on-site inspections of the vacation rental at the end of each rental period to ensure continued compliance with the requirements of this division.

(Code 2008, § 122-362; Ord. No. 2019-28, § 2, 1-28-2020)

(a)

General. The standards and requirements set forth in this section shall apply to the rental, use, and occupancy of vacation rentals in the city. All dwelling units shall meet the minimum requirements of the International Property Maintenance Code in section 8-9.

(b)

Local phone service required. At least one landline telephone with the ability to call 911 shall be available in the main level common area in the vacation rental.

(c)

Parking standards. Occupants and visitors to the vacation rental shall comply with all relevant parking codes as found in the Code of Ordinances. All vehicles associated with the vacation rental must be parked within the subject property and may not block or obstruct any public sidewalk or pedestrian walkway.

(d)

Solid waste handling and containment. Requirements for garbage storage and collection shall be as follows:

(1)

Trash storage containers shall be provided and shall be screened with a six-foot fence or landscaping, with an opening for container removal.

(2)

The vacation rental shall contract with the waste management provider for side-door pick-up service.

(3)

Properties with alley garbage collection are exempt from subsections (d)(1) and (2) of this section.

(4)

Notice of the location of the trash storage containers and rules for collection shall be posted inside the vacation rental.

(5)

No solid waste container shall be located at the curb for pickup before 6:00 p.m. of the day prior to pick-up. Solid waste containers shall be removed before midnight of the day of pick-up.

(e)

Maximum occupancy.

(1)

The maximum number of occupants authorized to stay overnight at any vacation rental shall not exceed two persons per sleeping room. The number of sleeping rooms shall be confirmed during on site life safety inspection by the city. Up to four persons, under 13 years of age are exempt from and shall not count toward the occupancy limits set forth in this section.

(2)

The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed 1½ times the maximum occupants authorized to stay overnight at the site, as shown on the certificate of compliance, and in no event shall a gathering exceed 20 persons.

(f)

Posting of vacation rental information. In each vacation rental, located on the back or next to the main entrance door, there shall be posted as a single page the following information:

(1)

Vacation rental certificate of compliance permit from the city;

(2)

The name, address and phone number of the vacation rental representative;

(3)

The maximum occupancy of the vacation rental; maximum of four occupants per bedroom;

(4)

A statement advising the occupant that any sound that crosses a property line at an unreasonably loud volume is unlawful within the city; as per the city noise ordinance;

(5)

The days and times of trash pickup;

(6)

The location of the nearest hospital;

(7)

The local non-emergency police phone number;

(8)

A copy of the building evacuation map, with a minimum size of 8½ inches by 11 inches, shall be provided to the renter upon the start of each vacation rental; and

(9)

In each vacation rental, located in the backyard and/or pool area, there shall be posted notice that unreasonably loud noise is prohibited.

(g)

Minimum life safety requirements.

(1)

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the then current standards of the Residential Swimming Pool Safety Act, F.S. ch. 515.

(2)

Smoke and carbon monoxide (CO) detection and notification system. A smoke and carbon monoxide (CO) detection and notification system within the vacation rental unit shall be interconnected and hard-wired and shall receive primary power from the building wiring.

(3)

Fire extinguisher. A portable, multipurpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with the then current NFPA 10 on each floor/level of the unit. The extinguisher shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

(4)

Compliance with Florida Administrative Code Rule 69A-43.018, One- and Two-Family Dwellings, Recreational Vehicles and Mobile Homes Licensed as Public Lodging Establishment.

(h)

Advertising. The vacation rental shall not be advertised for any commercial or nonresidential use, including use of the property primarily as a party, event or entertainment venue or social hall. Any advertising of the vacation rental unit by the owner, representative or any service shall conform to information included in the vacation rental application and shall include at a minimum, identification of the maximum occupancy permitted on the property. The owner or representative shall ensure that the name and contact information for any listing services on or through which the vacation rental is to be offered for rent, which was provided in the application, is updated with the city to reflect any changes to ensure that the city has a current list of all sites on which the vacation rental is listed for rent. Advertisements for the vacation rental must display the state department of business and professional regulation transient lodging license number and the city vacation rental permit number.

(i)

Commercial use of property prohibited. The vacation rental shall not be used for any commercial or nonresidential use, including use of the property primarily as a party, event or entertainment venue or social hall.

(Code 2008, § 122-363; Ord. No. 2019-28, § 2, 1-28-2020)

(a)

Administration of vacation rental permit program. The ultimate responsibility for the administration of this division is vested in the city manager, or authorized designee, who is responsible for granting, denying, revoking, renewing, suspending and canceling vacation rental licenses for proposed and existing vacation rentals as set forth in this division.

(b)

Appeals. Any decision of the city manager, or authorized designee, relating to the granting, denial, renewal, modification, suspension, or revocation of a vacation rental permit under this division shall be rendered in writing, and reviewed by the city commission if a notice by the applicant is filed with the city clerk within ten days after the action to be reviewed. The city clerk shall place the matter on the agenda of an upcoming meeting of the city commission, at which time the matter will be reviewed. The decision of the city commission shall be final but may be reviewed as permitted under state law.

(c)

Notice. Any notice required under this division shall be accomplished by sending a written notification by U.S. mail (certified), postage paid, to the mailing address of the vacation rental representative set forth on documents filed with the city under this division, which shall be considered for all purposes as the correct address for service, or by personal service or delivery to the vacation rental representative.

(d)

Penalties and enforcement.

(1)

By citation. Any violation of this division may be punished by citation, as specifically described in the land development codes and Code of Ordinances, including, but not limited to, the requirements of a reasonable warning prior to issuance of a citation; provided, however, the violation shall be subject to a fine in the amount of $250.00, for the first offense, $500.00 for the second and subsequent offenses, plus a suspension of the vacation rental permit, as provided hereinafter, for the third offense, (via special magistrate).

(2)

Other enforcement methods and penalties. Notwithstanding anything otherwise provided herein, violations of this division shall also be subject to all the enforcement methods and penalties that may be imposed for the violation of ordinances of the city as provided in the Code of Ordinances. Nothing contained herein shall prevent the city from seeking all other available remedies that may include, but not be limited to, injunctive relief, abatement of public nuisance, liens, fines, imprisonment, and other penalties as provided by law.

(3)

Suspension of permit. In addition to any fines and any other remedies described herein or provided for by law, the city manager shall suspend a vacation rental license upon a third violation of this division in any continuous 12-month period. The suspension of a vacation rental permit shall be for a period of one year, and shall begin following notice, commencing at the end of either the current vacation rental lease period, or after 30 calendar days, whichever is less. A dwelling unit may not be used as a vacation rental during any period of suspension of a vacation rental license. The suspension shall begin immediately following notice, commencing at the end of the then current vacation rental lease period.

(4)

Revocation of permit.

a.

The city manager may refuse to issue or renew a license or may revoke a vacation rental license issued under this division, if the property owner has willfully withheld or falsified any information required for a vacation rental license.

b.

The city manager shall revoke a vacation rental license issued under this division upon the fifth adjudication of either a noise violation where the noise emanated from the vacation rental; or receipt of a parking violation where the parking violation occurred on the vacation rental property, or any combination thereof, within any continuous 12-month period.

c.

The property owner shall not be entitled to any refund of the annual fee paid for a permit for any portion of the unexpired term of a license because of revocation or suspension of the vacation rental license.

d.

For all purposes under this division, service of notice on the vacation rental representative shall be deemed service of notice on the property owner and occupant.

e.

No occupant shall occupy a vacation rental, and no advertisement for the vacation rental shall occur during any period of suspension or revocation of a vacation rental's vacation rental license.

(Code 2008, § 122-364; Ord. No. 2019-28, § 2, 1-28-2020)