(a)

Permit required. No person shall erect, move, add to or structurally alter any fence in the city without first obtaining a permit for such purposes issued by the building official. Fence permits will be issued only to the owner of the property, or to a licensed or bonded contractor acting as his agent. A permit fee shall be charged in accordance with city ordinance.

(b)

Plot plan. The applicant shall submit a sketch or plot plan which shows the location of all property lines, easements, rights-of-way and utility lines, all structures, and existing fences and walls. The plot plan shall also show the location of all proposed fences. When doubt exists as to the exact location of property lines, the building official shall require a survey by a licensed surveyor.

(c)

General regulations.

(1)

All fences and walls constructed and maintained within the city shall comply with the state building code and a building permit shall be required for the construction of any such wall or fence.

(2)

The posts and fence material of any such fence or wall must be resistant to decay, corrosion, and termite infestation. Posts, if wood, shall be pressure-treated for strength and durability.

(3)

All fences, walls, hedges, and trees must be located completely within the boundary limits of the property on which they are located, and must not encroach into any city road right-of-way, alleyway or public utility easement.

(4)

No fence, wall or hedge shall be located on any property in such a manner that it obstructs vision of traffic at any intersection.

(5)

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

(6)

Any fence or wall separating parcels of privately owned property shall be constructed with the finished side facing the adjacent private property.

(7)

Fences required for safety and protection from hazards by any governmental agency, may, upon approval given by the city commission, exceed the height limitations provided for in this section.

(8)

No fence or wall shall be constructed, or hedge grown, in such a manner as to interfere with drainage.

(9)

No electrical fences or electrical shock security devices shall be allowed, except low-voltage, buried pet fences.

(10)

There shall be a three-foot-side opening or gate in the rear portion of any fence, wall or hedge, providing reasonable access to the property for meter readers and other utility personnel.

(11)

Barbed wire may be utilized as part of fences or walls in commercial and industrial sites or may be incorporated in fences or walls on property in a mixed use or adjacent to residential use zoning only when approved by the planning commission and demonstrated to be necessary for security, and not aesthetically detrimental to abutting properties. Barbed wire, when approved for use, shall not exceed three strands; the lowest strand shall be no lower than six feet above ground level; and the top strand shall not exceed eight feet above ground level. The use of barbed wire in fences or walls located on residentially zoned property is specifically prohibited.

(12)

Attachment to neighboring fences. No fence shall be attached to a neighboring fence, but a fence may abut a neighboring fence if such fence is on the property line.

(13)

Interference with off-street parking or public services. No fence shall be erected or maintained which blocks required off-street parking or interferes with city or public utility service. Notwithstanding the foregoing, a permit for a fence within a public easement may be issued by the public works director under the following conditions:

a.

Only those easements which are limited to stormwater uses are eligible for this permit if the fence does not interfere with drainage. General purpose easements and rights-of-way or easements intended or dedicated for purposes other than utility uses are not eligible for this permit.

b.

The property owner, or the owner's authorized agent, shall submit a sketch or other drawing accurately describing the easement and the proposed location of the fence.

c.

The property owner shall execute an agreement with the city acknowledging that the use of the easement for a fence is subservient to the use for which the easement has been created, and that the fence is subject to removal by the city or by any utility company having facilities or rights to install facilities in the easement, if necessary, and that the owner does not have any right of reimbursement or other claim if the fence has to be removed. Gate(s) may be required. The agreement shall be in recordable form and recorded in the public records of Hendry County at the owner's expense.

d.

The city is authorized to charge a reasonable permit fee for the processing and issuance of the permit.

(14)

Maximum height in residential zoned property including single-family, multi-family and mobile home residential districts. Except as otherwise provided in this section, fences and hedges located within the front yard adjoining front setbacks shall not exceed a height of four feet above the existing ground grade prior to site alteration. Fences and hedges located within the side and rear setbacks shall not exceed a height of six feet above the existing ground grade prior to any site alteration. Pergolas, trellises, and arbors are exempt from the height limits but cannot exceed eight feet in height and eight feet in width and require a building permit and cannot be located within the visibility triangle and are limited to one on each lot or parcel.

(15)

Maximum height in commercial and public zoned property. Fences and hedges located within a side and rear setbacks shall not exceed a height of eight feet above the existing ground grade, except that suchfence or hedge, if located within the front setbacks shall not exceed the height of four feet for a solid fence or hedge or five feet for a clear fence or hedge above the existing ground grade. If no front setback is required the front building line of the principle structure shall become the front setback for purposes of this subsection. If the lot is vacant, any fence shall not exceed six feet within the area as far back as the median setback for lots within the block as determined by the building official. Pergolas, trellises, and arbors are exempt from the above height limits but cannot exceed eight feet in height and eight feet in width, require a building permit and cannot be located within the visibility triangle and are limited to one on each lot or parcel.

(16)

Fencing around sports courts (i.e., tennis courts, basketball courts, baseball courts, volleyball courts, etc.) shall be exempt from the height limitations of subsections (c)(13) and (14). All chainlink fences (including all poles, rails, gates, supports and the like), except those used by single-family dwellings and industrial uses, shall be green, brown or black plastic or vinyl-coated material only.

(17)

Temporary fences. Temporary fences are permitted after review and approval of all required applications by the building official. All provisions and regulations governing the erection, maintenance, height, location and relocation of fences shall govern temporary fences. A temporary fence permit shall not exceed the expiration date as stated on the permit application and the permit. For cause, one or more extensions of time may be granted by the building official. The building official is authorized to extend the use of a temporary fence for three months after review of a resubmittal of an application for a temporary fence. A temporary fence shall not be permitted for a period of time longer than two years.

(18)

Swimming pool enclosures. All swimming pools must be within a screened cage, or shall be enclosed on all open sides by a fence which is a minimum of four feet above the existing ground grade and a maximum of six feet above the existing ground grade. All gates which are part of a pool fence or screening cage must have safety locks.

(19)

Sport enclosures. Tennis courts and racquetball courts may be enclosed on all open sides by an open chainlink fence, ten feet above the existing ground grade. Batting cages must be enclosed in a screened cage.

(20)

Nonconforming fences.

a.

Intent. It is the intent of this subsection to encourage the eventual elimination, as expeditiously as is reasonable, of existing fences that are not in conformity with the provisions of this chapter.

b.

Continuance. A nonconforming fence may be continued, provided that it has not been determined detrimental to the public health, safety and welfare. It shall then be maintained in good condition, but it shall not be:

1.

Enlarged or changed to any other nonconforming structure.

2.

Structurally altered so as to prolong the life of the fence.

3.

Re-erected if removed.

4.

Re-erected after damage or destruction if the estimated expense of re-erection exceeds 50 percent of the appraised replacement cost.

c.

Determination by building official. It shall be the duty of the building official to determine whether or not a nonconforming fence is in the interest of public health, safety and welfare.

(Code 1982, § 24-18; Code 1999, § 110-436; Ord. No. 91-2, § 1, 4-1-1991; Ord. No. 2005-02, pt. 1, 4-18-2005; Ord. No. 2017-11, § 1, 6-19-2017)

(a)

Intent. The standards for home occupations are intended to ensure compatibility with other permitted residential uses and with the residential character of the neighborhood.

(b)

Licensing. Home occupations like all businesses shall be licensed and pay applicable business taxes pursuant to chapter 66 article III of the City of Clewiston Florida. The following provisions apply to home occupations:

(1)

No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

(2)

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business.

(3)

Home occupations shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and is not to change the residential character thereof.

(4)

Shall not include any activity that:

a.

Creates any dangerous vapors or fumes.

b.

Emits any noise, light, dust or vibration that extends beyond the lot or parcel line of any abutting property.

c.

Is hazardous to public health, safety, morals or welfare.

d.

Results in any illegal discharge of materials, fluids or gases into the sewer system or in any other manner of discharging such materials in violation of any applicable regulations.

(5)

Shall not display any signs or other visible evidence that would indicate the property is being utilized for any use other than a dwelling.

(6)

Shall not have customers or deliveries or pick up associated with such use on the premises between 9:00 p.m. and 9:00 a.m., and such activity shall not exceed that normally and reasonably occurring at a residence. Only one occupational vehicle, which shall not exceed one-ton capacity, and one trailer which may not exceed 16 feet, may be related to and used in conjunction with the home occupation.

(7)

Shall not include storage of any flammable or hazardous materials on the premises.

(8)

Shall not advertise the street address on the structure as a business in any manner and shall not advertise the street address on any occupational vehicle associated with such use on the premises.

(Code 1982, § 24-19; Code 1999, § 110-437; Ord. No. 97-03, pt. 1, 8-18-1997; Ord. No. 2005-02, pt. 1, 4-18-2005; Ord. No. 2019-04, § 1, 9-23-2019; Ord. No. 2022-04, § 1, 2-21-2022)

(a)

Intent. The intent of this section is to provide regulations governing accessory structures and to help ensure acceptable design, installation and use of accessory structures while maintaining the integrity of the principal use of the property. Furthermore, it is intended to provide assurances that activities that take place are compatible with the designated zoning classifications and such activities will have no adverse affects on the surrounding properties.

(b)

Definition.

(1)

Accessory structures are a building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot. An accessory structure is typically a structure that is detached from the main residence and includes but is not limited to a household garage, household storage shed, private playhouse, household greenhouse, unattached patios, an accessory storage building to a commercial business use. Accessory structure includes metal frame with metal or canvass cover portable carports. Plastic or resin "snap-together assembly" type shed kits such as plastic deck boxes or other non-walk in type utility/storage units are not considered accessory structures.

(2)

Shipping containers include standardized reusable vessels that were:

a.

Originally designed for or used in the packing, shipping, movement or transportation of freight articles, goods or commodities; and/or

b.

Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.

(c)

Attached structure. If an accessory-type structure is attached to a principal building by any wall or roof construction, it shall be deemed to be part of the principal building and shall comply in all respects with the yard and setback regulations of the applicable zoning district. The square footage of the accessory-type building will be counted as part of the square footage allowed on the property for accessory uses.

(d)

General provisions.

(1)

Accessory structures incidental to residential dwelling units including all types of manufactured and mobile homes shall comply with the following standards:

a.

Structures must be constructed simultaneously with, or following, the construction of the principal building, and shall not be used until after the principal building has been erected.

b.

Maximum gross floor area shall not exceed 600 square feet except as provided in subsection (e)(4).

c.

Roof peaks shall not exceed 12 feet in height, except garages and carports that meet the requirements of subsection (e)(4).

d.

Structures shall be painted and designed to blend aesthetically with the principal building.

e.

Use of accessory structures for living purposes is prohibited.

(2)

Only one detached accessory structure/building, not including garages, shall be permitted per 8,000 square feet of lot area, or fraction thereof, up to a maximum of two such structures per lot.

(3)

Minimum setback standards from lot line for accessory structures:

a.

R-1A Single-Family:

Front: 80 feet.

Rear: 15 feet.

Side (interior): Ten feet.

Side (corner): 20 feet.

b.

R-1B Single-Family:

Front: 60 feet.

Rear: Ten feet.

Side (interior): 7.5 feet.

Side (corner): 15 feet.

c.

R-1C Single-Family:

Front: 60 feet.

Rear: Ten feet.

Side (interior): 7.5 feet.

Side (corner): 15 feet.

d.

R-2 Two-Family:

Front: 60 feet.

Rear: Ten feet.

Side (interior): 7.5 feet.

Side (corner): 20 feet.

e.

R-3 Multiple-Family:

Front: 50 feet.

Rear: Ten feet.

Side (interior): Ten feet.

Side (corner): 15 feet.

f.

RM-1 Mobile Home Park:

Front: 25 feet from public ROW.

Park 7.5 feet from interior ROW.

Rear: Six feet.

Side: Six feet.

g.

RM-2 Mobile Home Subdivision:

Front: 40 feet.

Subdivision rear: Five feet.

Side (interior): Five feet.

Side (corner): Ten feet.

h.

General Commercial/Industrial: None, except when abutting an R or RM District, then:

Rear: 20 feet.

Side: Ten feet.

However, accessory structure may not encroach into a city alley or public utility easement.

(4)

An uncovered patio or deck that is not more than three feet above the surrounding grade may extend to the side, but not street side, and/or rear property lines, provided it does not encroach into any city alley or public utility easement.

(5)

Accessory structures incidental to commercial use on any one lot shall not exceed the lessor of ten percent of the total lot area or 2,100 square feet. This provision shall not apply to structures in the I-Industrial zoning district.

(e)

Garages and carports.

(1)

All garages and carports in residential R-1A, R-1B, and R-1C zoning districts shall have a minimum eight-foot by seven-foot vehicle opening and ten-foot wide paved driveway extending from the vehicular opening of such structure to the public right-of-way improvements, or to the right-of-way line if public improvements do not exist. RM-1 and RM-2 shall have such driveways when access fronts on a public right-of-way. The driveway shall be constructed of asphalt, concrete or similar impervious surface.

(2)

The front plane of an attached front-facing garage shall be no more than five feet closer to the front property line than the front facade of the principal structure, unless the garage is located no less than 30 feet from the front property line, and the house includes a front porch. In no event shall the front plane of a front-facing garage be more than ten feet closer to the front property line than the front facade of the principal structure and in no event shall a front-facing garage encroach into a required front yard setback.

(3)

Detached garages and carports shall be no closer to the front property line than ten feet behind the front facade of the principal residential structure.

(4)

The peak of detached garages and carports shall be limited to 20 feet in height. The total gross floor area of detached garages and carports shall not exceed 50 percent of the first floor interior area of the principal structure or 1,000 square feet in area.

(f)

Temporary buildings or structures.

(1)

Temporary buildings or structures or mobile offices required for a construction project of any kind shall be permitted in every land use district, provided that such buildings or structures shall be removed from the site immediately upon completion of the project.

(2)

Accessory structures such as mobile homes or offices shall be permitted in conjunction with temporary outdoor activities for the duration of the temporary outdoor activity for office purposes. Use of accessory structures for living purposes is prohibited. Any such office use shall require toilet facilities with a signed maintenance contract.

(g)

Prohibited accessory buildings and structures. The following are prohibited in all zoning districts for use as accessory structures:

(1)

Tents (when used longer than a two-week period) and frame-type structures covered with tarps or canopies.

(2)

No trucks of any type, truck trailer, or mobile homes.

(3)

Railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials.

(4)

Use of accessory storage buildings, structures or cargo containers for living purposes.

(5)

Shipping containers (except on a temporary basis on an active construction site).

(6)

A shipping container may be approved by the planning board for use in the Industrial District and Public District that otherwise meet all requirements of the district regulations, and:

a.

Building permit required if over 200 square feet;

b.

Cannot be stacked;

c.

Cannot contain advertising on exterior;

d.

Must be maintained in good repair, painted a solid neutral color that blends with surrounding buildings;

e.

The planning board may require screening from abutting properties and impose such other conditions that protect the character and aesthetics of the surrounding area;

f.

The fire marshal shall have access to all containers to review contents for hazardous conditions.

(7)

Violations—Time to comply. All owners of property within the city shall have 120 days from the effective date of the ordinance from which this section is derived to bring the properties which currently contain accessory storage buildings that are in violation of the terms of section 110-526(g) into full compliance with section 110-526(g).

(Code 1999, § 110-438; Ord. No. 2005-02, pt. 1, 4-18-2005; Ord. No. 2017-18, § 1, 11-20-2017)

(a)

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

Commercial establishment means any business, commercial or other establishment (whether for profit or not for profit and whether open to thepublic at large or where entrance is limited by cover charge or membership requirement) such as, but not limited to, bars, bottle clubs; hotels, motels; restaurants; night clubs; country clubs; cabarets; meeting facilities utilized by any religious, social, fraternal or similar organization, businesses in which the consumption of alcoholic beverages is permitted; and businesses which do not permit the consumption of alcoholic beverages. A private residence is not a commercial establishment.

Entity means any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit or not-for-profit organization.

Nude means any person insufficiently clothed so that any of the following body parts are not completely covered with a fully opaque covering:

(1)

The male or female genitals;

(2)

The male or female pubic area;

(3)

Any portion of the female breast below the top of the areola; or

(4)

The buttocks. Attire which is insufficient to completely cover the buttocks includes, but is not limited to, G-Strings, T-backs and thongs.

Body paint, body dyes, tattoos and similar substances shall not be considered an opaque covering.

Person means any human being aged ten years of age or older.

(b)

Places provided or set apart for nudity. Public restrooms, functional shower and locker room facilities, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy protected therein, but excluding any places where nudity is used for the promotion of business or is otherwise commercially exploited.

(c)

Nudity, sexual conduct prohibited in commercial establishments. The following prohibitions and criteria shall apply within existing and/or newly created commercial establishments:

(1)

No person shall knowingly, intentionally or recklessly appear or cause another person to appear nude or expose to public view his or her genitals, pubic area, vulva or buttocks, or any simulation thereof.

(2)

No female person shall knowingly, intentionally or recklessly expose or cause another female person to expose her breast or any simulation thereof to public view.

(3)

No person or entity maintaining, owning or operating an establishment shall encourage, allow or permit any person to appear nude or to expose to public view his or her genitals, pubic area, vulva, anus or any portion of the buttocks or simulation thereof. This section shall be violated if any portion of the buttocks is visible from any vantage point.

(4)

No person or entity maintaining, owning or operating a commercial establishment shall encourage, allow or permit any female person to expose her breasts or any simulation thereof to public view.

(5)

No person shall engage in and no person or entity maintaining, owning or operating an a commercial establishment shall encourage, allow or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, lap dancing, straddle dancing, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks, anus or genitals, or the simulation thereof.

(d)

Exemptions. The prohibitions of subsection (c) of this section shall not apply when a customer is clothed in swimwear or other attire, and such swimwear or other attire when worn in public is not in violation of any state law or city ordinance. This exemption shall not apply to any owner, manager, operator or employee of a commercial establishment.

(e)

Intent.

(1)

The definition of "person" contained in this section shall not be construed to permit or authorize the commercial exploitation of the nudity of any minor child.

(2)

The third-listed exemption contained in subsection (c) of this section shall not be construed to limit the right of the owner, manager, operator or employee of a commercial establishment to exclude from the premises any person who is not clothed in accordance with any dress code or other requirements imposed by such owner, manager, operator or employee.

(f)

Territory embraced. All territory within the legal boundaries of the city shall be embraced by the provisions of this section.

(g)

Penalties. Any person or entity violating any of the provisions of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each incident or separate occurrence of an act that violates this section shall be deemed a separate offense.

(Ord. No. 2007-04, § 110-439, 5-21-2007)

(a)

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

Automatic amusement centers/game rooms means where the principal business operated on the premises is the operation of games of skill which upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for the use as a game, entertainment, or amusement, whether or not registering a score, including, but not limited to, such devices as marble machines, pin ball machines, skill ball, mechanical grab-machines, and all games, operations or transactions similar thereto under whatever name they may be indicated. The term "automatic amusement centers/game rooms" includes video type games or machines, or similar devices that can use a display screen for points, lines and dots of light, that can be manipulated to simulate games or other types of entertainment; it shall not include nor apply to music playing devices or non-competitive devices.

(b)

Use regulations.

(1)

When the business operated on the premises is the operation of any automatic amusement devices, said premises must be located more than 1,000 feet from any school, house of worship, public park or youth activity building. No two amusement centers shall be located closer than 1,000 feet from one another. The distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the premises wherein the automatic amusement devices are located to the main entrance of the said school, house of worship or youth activity building.

(2)

Each automatic amusement device shall be located at least ten feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.

(3)

The maximum number of automatic amusement devices shall be limited to one amusement device per 50 square feet of premises used for the operation of such devices. The computation shall exclude any portion of the premises used for the storage or sale of automatic amusement devices or the conduct of any business other than the operation of automatic amusement devices.

(4)

Specific hours of operation may be established if the use may impact adjacent or nearby residential uses.

(5)

The amusement center/game room shall be screened per section 102-119 as to minimize noise and glare impacts to neighboring residential uses.

(6)

No person shall in any automatic amusement center permit gambling in connection with the playing of any automatic amusement device.

(7)

Automatic amusement centers shall provide a current inventory of all games kept on the premises, including the name of the game which appears on the screen when the automatic amusement device is in attract mode, the manufacturer, serial number, the actual owner of the machine with owner's address and phone number, and attachment of license to each machine.

(8)

The inventory required in subsection (b)(7) of this section shall be kept on file with the planning department as part of the approved development order. Any change whatsoever in games or machines on the premises must be so indicated on an updated inventory which shall be provided to the planning department within ten business days of such changes.

(9)

The general public shall be allowed in all automatic amusement centers. No automatic amusement center shall restrict access to the site by the use of age restrictions or membership to the center.

(10)

No automatic amusement center shall offer prizes, tickets, or other merchandise over $5.00 in value. Automatic amusement centers shall not allow customers to maintain a running tally of points for prizes or other goods.

(11)

Automatic amusement centers shall be prohibited from offering gift certificates, gift cards, or other cash substitutes.

(12)

There shall be no alcohol beverages, dispensed, sold, or otherwise consumed, on the premises.

(13)

Automatic amusement devices are prohibited from having switchable, programmable, or random generator devices to allow a rate of return to business operators or machine owners.

(14)

All applicable state permits shall be submitted to the community development department.

(15)

Prior to the issuance of an operation license, law enforcement and city officials shall inspect the automatic amusement devices for compliance with F.S. ch. 849.

(16)

Once an operation license has been issued, the automatic amusement center operator shall allow law enforcement and city officials to inspect the automatic amusement devices on a routine basis.

(Ord. No. 2007-04, § 110-440, 5-21-2007)

(a)

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

Garage sale means and includes all general sales, open to the public, conducted from or on residential premises in any residential zone, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "back yard," "patio," "flea market," or "rummage" sale.

Personal property means property which is owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. The term "personal property" does not include merchandise which was purchased for resale or obtained on consignment.

(b)

Permit required. No garage sale shall be conducted without first obtaining a permit from the city. A resident seeking to conduct a garage sale shall file a written application for a permit with the city community development department.

(c)

Permit fee. There shall be an administrative processing fee for the issuance of the permit required by this section as adopted by resolution and contained in appendix A to this Code.

(d)

Time limitations. The total period of the sale must not exceed 48 consecutive hours, and must be conducted only during the daylight hours between sunrise and sunset. A garage sale may not be conducted more often than once every three months from the same premises, unless title to the real property upon which such sale is to be conducted has been transferred to others who otherwise qualify under this article to conduct such a sale.

(e)

Advertising signs.

(1)

One sign shall be permitted on the premises where the garage sale is being conducted;

(2)

Two directional signs shall be permitted off the premises where the garage sale is being conducted, provided no directional signs shall be permitted if the garage sale premises is located on a major thoroughfare;

(3)

No sign shall be exhibited for more than two days prior to the first date the garage sale is to take place;

(4)

Under no circumstances are advertising signs for yard sales allowed on city right-of-way or city property.

(f)

Public nuisance. The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous noise or conduct on the premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the police or fire department of the city, in order to maintain the public health, safety and welfare.

(g)

Revocation or refusal of permit.

(1)

False information. Any permit issued under this article may be revoked or any application for issuance of a permit may be refused if the application submitted by the applicant or permit holder contains any false, fraudulent, or misleading statement.

(2)

Conviction of violation. If any individual is convicted of an offense under this article, the city is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two years from the date of conviction.

(h)

Persons exempted from article. The provisions of this article shall not apply to or affect the following:

(1)

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

(2)

Persons acting in accordance with their powers and duties as public officials.

(3)

Any sale conducted by any merchant, mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the city or any other sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.

(4)

Any bona fide charitable, educational, cultural or governmental institution or organization when the proceeds from this sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis.

(Code 1999, § 110-439; Ord. No. 2009-03, pt. 1, 3-16-2009)

(a)

Applicability. These regulations shall apply to all single-family and two-family residential dwellings located in zoning districts R-1A, R-1B, R-1C, RM-1, RM-2, R-2 and R-3 as designated on the future land use map.

(b)

Roofs. All roofs shall be constructed in the following manner:

At least 70 percent of the footprint of air-conditionable space plus attached garage space must be covered by a roof with a minimum 4:12 pitch. Subject to the following restrictions:

(1)

Roof overhang shall not be less than 16 inches.

(2)

Front doors shall have covered entry and landing.

(3)

No flat roof shall be visible from the street adjacent to a front yard except that flat aluminum roof panels used as carports behind the front yard setback.

Exception: These standards shall not apply to those properties located in the RM-1 or RM-2 zoning district.

(c)

Windows. The installation of reflective glass and/or reflective window film is prohibited. This prohibition shall not be interpreted to prohibit the installation of non-reflective window film designed to protect glass from wind damage.

Windows used in front facade shall be of a consistent type and shall be placed in a manner to create a unified architectural design.

(d)

Storm shutters shall meet the following design standards:

(1)

Definition:Storm shutters refer to any window or door covering designed, intended, or used to protect the window or door opening from wind or flying debris damage during a windstorm or other weather event. Examples include but are not limited to, plywood panels, aluminum panels, steel panels, polycarbonate panels, rollups, movable awnings, and accordion shutters.

(2)

Permanently installed shutters:

a.

Shutters shall be painted to match either the principal color or the trim color of the structure to which they are attached.

b.

Permanently installed hardware for storm panels and storm rollups shall be painted to match the principal color or the trim color of the structure to which it is attached, according to which will make such hardware the least noticeable.

c.

No permanently installed plywood panels are permitted.

d.

Use. It shall be prohibited to cover any window or door opening with storm shutters unless a hurricane, tornado, or tropical storm watch has been declared for the area encompassing the city. Storm shutters shall be removed within 30 days after the issuance of the hurricane, tornado, or tropical storm watch. This period for removal may be extended by order of the city manager during a declared state of emergency.

(3)

Temporary shutters:

a.

Use. It shall be prohibited to cover any window or door opening with temporary storm shutters unless a hurricane, tornado, or tropical storm watch has been declared for the area encompassing the city. Temporary storm shutters shall be removed within 30 days after the issuance of the hurricane or tropical storm watch. This period for removal may be extended by order of the city manager during a declared state of emergency.

(4)

Seasonal shutters:

a.

Use. In the event, a property owner will be out of town for an extended period of time and wishes to maintain permanent or temporary shutter coverage outside the limitations of this section an application may be made for such coverage subject to the community development director's approval. Such application shall be signed by the property owner and shall state the reason for the request and the window of time necessary for coverage.

(e)

Utilities.

(1)

Utility meters and related conduits shall be located on side or rear walls and conduits located other than in the rear of the building shall be painted to match either the wall or trim color.

(2)

On-site utility services shall be installed underground.

(f)

Outside areas.

(1)

Mechanical equipment shall be installed in a side or rear yard. When installed in side yard, such mechanical equipment shall be located no closer than five feet to the front facade of the structure.

(2)

Clotheslines shall be installed in locations which shall not be conspicuous from the public streets or from adjoining properties. Fences, patio or porch railings may not be used as clotheslines. Clotheslines must not be higher than six feet or 20 feet in length. Fences or walls for the enclosure of clothes drying areas may be erected to a maximum height of six feet; provided, however, such construction is in compliance with zoning regulations as to location on the property, the size of the area to be enclosed, and the height of the fence or wall.

(3)

No person shall place, use, keep, store, or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches, and any mattresses on any open porch, yard, or exterior area of structures. For purposes of this section, the interior of any fully enclosed porch, including, without limitation, a porch enclosed by screening material, that cannot be accessed from outside except through a door that can be locked shall not be considered an open porch. This section shall not apply during a lawful yard sale or garage sale while such furniture is offered for sale; nor shall it apply while such furniture is otherwise lawfully held for garbage collection at the curbside or other such area designated by the city for such pick-up.

(Ord. No. 2016-01, pt. 1, 3-21-2016; Ord. No. 2023-01, § 1, 2-20-2023)

(a)

Applicability. These regulations shall apply to all commercial and industrial structures located in zoning districts C, I and 27 Corridor as designated on the future land use map.

(b)

Storm shutters shall meet the following design standards:

(1)

Definition: Storm shutters refer to any window or door covering designed, intended, or used to protect the window or door opening from wind or flying debris damage during a windstorm or other weather event. Examples include but are not limited to, plywood panels, aluminum panels, steel panels, polycarbonate panels, rollups, movable awnings, and accordion shutters.

(2)

Permanently installed shutters:

a.

Shutters shall be painted to match either the principal color or the trim color of the structure to which they are attached.

b.

Permanently installed hardware for storm panels and storm rollups shall be painted to match the principal color or the trim color of the structure to which it is attached, according to which will make such hardware the least noticeable.

c.

No permanently installed plywood panels are permitted.

d.

Use. It shall be prohibited to cover any window or door opening with storm shutters unless a hurricane, tornado, or tropical storm watch has been declared for the area encompassing the city. Storm shutters shall be removed within 30 days after the issuance of the hurricane, tornado, or tropical storm watch. This period for removal may be extended by order of the city manager during a declared state of emergency.

(3)

Temporary storm shutters:

a.

Use. It shall be prohibited to cover any window or door opening with temporary storm shutters unless a hurricane, tornado, or tropical storm watch has been declared for the area encompassing the city. Temporary storm shutters shall be removed within 30 days after the issuance of the hurricane or tropical storm watch. This period for removal may be extended by order of the city manager during a declared state of emergency.

(Ord. No. 2016-01, pt. 1, 3-21-2016; Ord. No. 2023-01, § 1, 2-20-2023)