(a)

When two or more adjoining vacant lots with continuous frontage are in a single ownership on October 7, 1957, and such adjoining lots have a frontage or lot area less than is required by the dwelling district in which they are located, such lots shall be considered as one tract so as to create one or more lots which conform to the minimum frontage and area requirements of the district in which they are located.

(b)

When a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record in the city on October 7, 1957, such lot or parcel of land may be used for a single-family dwelling in any residential district, provided the minimum yard requirements are maintained, and provided the requirements of subsection (a) of this section are complied with.

(Ord. No. 89-346, § 2(26-180), 3-21-1989)

(a)

With the exception of screen enclosures and boat docks/boat houses, when an accessory structure is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal building and shall be subject to the required setbacks of the principal building.

(b)

With the exception of screen enclosures and boat docks/boat houses, a detached accessory structure shall not be located closer than five feet to a lot line, nor closer than six feet to any other accessory building on the same lot.

(c)

No detached accessory structure shall be located in front of the principal building.

(d)

No accessory structure may be constructed prior to construction of the principal building.

(e)

Unless specifically provided otherwise elsewhere in this Code, accessory fixtures, including but not limited to, generators, air conditioning/heating and ventilation components, and swimming pool pumps/heaters, appurtent to any building are considered a part of such building and shall conform to all requirements of this section and shall not be construed as an accessory structure.

(f)

The square footage of all accessory structures, including screen enclosures, shall count toward the impervious surface maximum for the lot.

(g)

Detached garages shall be limited to a maximum of 600 square feet.

(h)

Except as otherwise specifically provided, the maximum height of any accessory structure located between the setback line established for the zoning district and the property line shall be 16 feet.

(i)

Except as otherwise specifically provided, the maximum height of any accessory structure located within the building envelope established for the zoning district (i.e., within the setback lines) shall be no greater than the principal structure located on the property.

(j)

A screen enclosure, whether attached or detached, shall meet the following criteria:

(1)

The screen enclosure shall meet the side setback requirements of the zoning district in which it is located;

(2)

The screen enclosure shall be located no closer than five feet from the rear property line;

(3)

The area enclosed by screening shall not exceed the square footage of the living area of the primary structure;

(4)

The screen enclosure shall be no higher than the roof of the primary structure;

(5)

The screen enclosure cannot extend over an established easement; and

(6)

Enclosed screen patios shall not be used as garages, carports, storage rooms, or habitable rooms.

(Ord. No. 89-346, § 2(26-182), 3-21-1989; Ord. No. 2016-02, § 2, 4-19-2016; Ord. No. 2019-08, § 3, 11-19-2019)

(a)

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, chimneys, flues and eaves attached to the primary structure and accessory buildings as provided for in section 134-483.

(b)

On double frontage lots, the required front yard shall be provided on each street.

(c)

An open, unroofed porch or paved terrace may project into a required front yard for a distance not exceeding 15 feet.

(d)

Roof projections shall not extend into any required yard in excess of 36 inches.

(e)

Where setback lines have been established as provided for in division 4 of this article, the front yard, and in the case of corner lots, the side yard, shall be measured from said setback lines.

(f)

In cases of reversed frontages, the determination of front and side yards shall be made by the city clerk.

(g)

In all districts, no structure shall be erected closer than 15 feet from a side street lot line or any intersecting street right-of-way.

(h)

Submerged land shall not be considered in determining minimum requirements of this article.

(Ord. No. 89-346, § 2(26-184), 3-21-1989)

(a)

Chimneys, water and fire towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, elevator bulkheads, smokestacks, flagpoles, parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established, after a hearing before the planning and zoning board and the city council; provided, however, the heights of these structures or appurtenances thereto shall not exceed the height limitations established by the Orlando-Orange County Airports Zoning Board in their established airport zoning districts.

(b)

In all commercial zoning districts, a special exception for building height may be permitted for principal structures. A determination to approve a special exception for building height will be based upon adherence to the following criteria:

(1)

Submittal of a site plan which shows minimum setbacks as follows: In addition to complying with setback requirements in the zoning district and in division 4 of this article, an additional setback from the north property line of one foot for each 3.75 feet of proposed additional height, in excess of the maximum permitted height in the zoning district, must be provided.

(2)

Drawings must be submitted in plan and profile view, indicating building elevations and the shadows to be cast by the building to be constructed on the subject property. The shadow drawings indicating shadow length and shadow projection shall reflect the shadows that will be cast on June 22 and December 21 and shall be based on the 9:00 a.m., 12:00 noon and 3:00 p.m. conditions. If the shadow drawings indicate that the shadows to be cast on adjacent property may substantially and adversely affect such property, then the city may require additional measures to reduce the impacts caused by the projection of the shadow on adjacent properties. Shadows shall not be presumed to have a substantial impact on adjacent property unless they cover at least 50 percent of the adjacent property for at least 40 percent of the time between 9:00 a.m. and 3:00 p.m. Examples of additional measures which may reduce substantial adverse impacts include:

a.

Further revisions to the north, south, east and west setbacks.

b.

A solar easement or other satisfactory agreement indicating that the adjacent property owners are aware of all effects the proposed development would have in the way of restricting or altering the free flow of air and the direct exposure to sunlight, and do not object.

c.

Any additional methods proposed by the developer which can be demonstrated to reduce any negative impacts.

(3)

The city shall determine that the approval of the special exception will be compatible with other land uses in the surrounding area.

(4)

The applicant shall submit satisfactory written evidence that adequate fire protection will be able to be provided to the proposed building.

(Ord. No. 89-346, § 2(26-185), 3-21-1989)

(a)

Temporary structures, including mobile homes and travel trailers, may be used as construction field offices and tool sheds when accessory to the development of a subdivision and subject to the following regulations:

(1)

Such use shall be temporary and shall expire when 90 percent of the subdivision is completed or within one year, whichever comes first.

(2)

In the case of individual permanent structures being erected on the same parcel of land, such temporary use shall not exceed 180 days or ten days after completion of the permanent structure, whichever comes first.

(3)

Permits for temporary structures shall be obtained from the city clerk. When such permits expire, they may be renewed by the city clerk for a period not to exceed an additional 90 days. Upon expiration of any permit for a temporary structure, such structure shall be removed from the premises.

(b)

Temporary structures, including mobile homes and travel trailers, may be used as sales offices for a subdivision in a residential district as a special exception. Such sales offices shall not include sales of real estate outside the subdivision.

(c)

Temporary structures such as tents may be permitted in any commercial district for a period not to exceed 30 days. A temporary permit shall be required, and the fee for such permit shall be established by resolution.

(Ord. No. 89-346, § 2(26-189), 3-21-1989)

(a)

Purpose of section. It shall be the purpose of this section to control the location, use and size of buildings being moved within the city. Inasmuch as the city building regulations set forth certain provisions for the moving of buildings, it is the intent that the provisions of such regulations shall control, except wherein specifically changed, altered or amended by this section.

(b)

Compliance with zoning regulations. All buildings which are moved shall comply with the zoning regulations imposed on the district of destination.

(c)

Exceptions. Substandard dwellings may be moved subject to the following regulations:

(1)

Prior to the moving of any dwelling which is substandard in living area for the district of its destination, the owner shall obtain a permit for the improvements necessary to meet the zoning district requirements.

(2)

In applying for such permit, the applicant must submit a plot plan and detailed construction plan of the proposed addition. Such improvements shall be completed within 60 days after the issuance of said permit.

(3)

A performance bond acceptable to the city council guaranteeing the construction of the required addition shall be provided by the owner. Such bond shall be in the amount of the estimated cost of such improvements based on $6.00 per square foot for frame buildings, and $7.00 per square foot for concrete block buildings.

(d)

Permit. In cases where improvements are required to satisfy the minimum requirements of both the city building inspector and the planning and zoning regulations, both items may be covered by one permit when a plot plan and detailed construction plan accompany the application and a performance bond acceptable to the city council covering the combined estimated cost has been posted.

(Ord. No. 89-346, § 2(26-190), 3-21-1989)

(a)

General requirements. Except as otherwise provided for in this chapter (and in particular as provided for home occupations), the conduct of business or commercial activity in residential districts is prohibited and is hereby declared to be unlawful, including any endeavor, calling, occupation, profession, service or other type of activity engaged in as a means of livelihood, support or subsistence.

(b)

Evidence of commercial or business activity. The existence of any of the following conditions shall constitute and be prima facie evidence that a commercial business activity is being conducted at a particular location within a residential district:

(1)

Storage of material, supplies, or merchandise not for personal use or consumption;

(2)

Advertising and/or commercial telephone listing utilizing an address within a residential district; or

(3)

Any sign or other type of identification located at a particular address within a residential district and indicating that a business or commercial activity is being conducted at such address.

(Ord. No. 89-346, § 2(26-200), 3-21-1989)

Automobile service stations, as defined in section 134-1, are prohibited in any zoning district in the city othen than I (Industrial) zoning district. For all automobile service stations, including those that exist as nonconforming uses, the following shall apply:

(1)

All pump islands shall be set back at least 15 feet from the right-of-way line.

(2)

The overhang of freestanding pump island canopies, supported on the pump island, shall come no closer than five feet from the right-of-way line. Any pump island canopy attached to the service station structure shall become part of said structure and subject to building setback requirements.

(3)

When the station abuts a residential district, it shall be separated therefrom by a solid fence or wall at least eight feet high.

(Ord. No. 89-346, § 2(26-181), 3-21-1989; Ord. No. 2021-11, § 1, 11-16-2021)

(a)

The outside water edge of swimming and wading pools shall be located no closer than ten feet from rear or side lot lines, nor within any required front yard. All pools shall be completely enclosed by a screen enclosure, a wood or link-type fence or a solid wall at least four feet in height, the gates of which shall be a latching type on the inside of the gate or enclosure, except that requirements for fencing or wall along the lakeside of lakefront property shall not apply where the other three sides are fenced or fully enclosed, and such side enclosure is continued at least to the present or proposed low water control level of the lake. Screen enclosures shall meet the standards found in section 134-483.

For lakefront property, pool setbacks shall be measured from the normal high water line (NHWL) to the water's edge of the pool with the setback being the rear setback for that particular zoning district. Encroachments into drainage swales or easements shall be prohibited regardless of setback distance.

(b)

It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property.

(c)

Upon construction of a swimming pool, the owner or persons responsible for its operation shall keep in service all items designed for the purification of the water supply or its protection from pollution to perform adequately the function for which such were designed.

(d)

Drains shall be provided whereby when the pool is not to be used for a period of time, all piping, pits, etc., can be drained to a safe level and maintained.

(e)

The water supply for all pools shall be clean, clear and free from objectionable minerals and physical characteristics, meeting the bacteriological requirements for domestic water supply.

(f)

If evidence indicates the above noted conditions do not exist, the council shall direct that the owner of the pool be given 15 days' notice by certified mail that the city will, at the expiration of 15 days from the date of such notice, proceed to clean or empty such pool; and that the cost thereof will be assessed against the owner thereof.

(g)

Should any such owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be a charge against the owners of such land and shall remain a lien against such land until paid.

(Code 1974, § 18-4; Code 1985, § 22-4; Ord. No. 89-346, § 2(26-183), 3-21-1989; Ord. No. 2019-08, § 4, 11-19-2019)

(a)

Structures or uses required for such public utilities as gas substations; electric substations; telephone dial exchange building; radio and television stations and towers may be located in any district, as a special exception, after a review of the request and a detailed plot plan showing all improvements to be made. Security fences, a minimum of six feet in height, shall be required around any gas and electric substations.

(b)

Structures or uses required for public or private sewer and water facilities may be permitted as a special exception in any district. A special exception shall not be required where the facilities are permitted accessory uses. The review of the request for a special exception shall include consideration of a plot plan showing all improvements or alterations that are proposed for the facilities; the permitted location of such facilities shall be such as not to be injurious to the health, safety and welfare of the public, and shall protect the character of the surrounding property and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural and recreational areas within the city. The public benefit to be derived, the need for the proposed facilities, the existence of suitable alternative locations, and whether the facility can properly be located on the site and in the development which it is to serve shall also be taken into consideration where appropriate. Conditions in the form of screening, landscaping, or other site development restrictions may be imposed to protect the health, safety and welfare of the public or surrounding property owners.

(Ord. No. 89-346, § 2(26-186), 3-21-1989)

(a)

Purpose and intent. The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within neighborhoods and throughout the city, protect adjacent land from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties.

(b)

Applicability.

(1)

Unless exempted below, the provisions of this section shall apply to all new construction or repair or replacement of 50 percent or more of any existing wall or fence length. The term wall in this section applies to screening walls and not walls required for support of a principal or accessory structure.

(2)

Permit required. All fences and walls subject to these standards shall obtain a building permit prior to construction. Requests for permits for walls and fences must be accompanied by a scaled site plan and drawings clearly showing the locations, heights and materials for which approval is requested.

(c)

District location standards.

(1)

Residential districts.

a.

Fences and walls in a required front yard: Except where allowed in this section, fences and walls within the required minimum front setback shall not exceed four feet in height.

b.

For residential zoned lots with a front or side yard on a FDOT functionally classified arterial or collector road, the maximum height for a fence or wall in a required minimum front and street side yard may be increased to six feet if the following is met:

1.

Fences shall be of decorative materials such as wrought iron or powder-coated aluminum in a style of wrought iron.

2.

Walls shall be concrete block, stone, cultured stone, brick, or prefabricated with a textured manufactured finish. If concrete blocks are used, the wall shall have a minimum one-inch thick stucco finish or be clad in brick, stone and/or cultured stone veneer.

3.

Brick, stone and/or cultured stone columns shall be constructed when using either a fence or a wall, and such columns shall, at a minimum, be placed where the fence/wall ends at the property lines and at driveways. If the lot's road frontage is in excess of 100 feet, additional columns shall be required to be spaced evenly along the frontage, with the wall/fence segment not exceeding 40 feet in length. The columns may extend up to 12 inches above the fence height.

4.

The fence/wall shall be constructed a minimum of seven feet from the road right-of-way line.

5.

Shade trees shall be planted along the fence/wall at a rate of one per 40 linear feet of road frontage. Trees shall be evenly spaced along the pervious area of the frontage. Each tree shall be a minimum caliper of five inches (as measured one foot above grade) and minimum 14 feet in height at planting with six-foot minimum vertical clearance to the limbs. If overhead utilities exist along the right-of-way, the required shade trees shall be understory trees spaced every 20 feet on center, with said understory trees a minimum of nine feet in height and at least a three-inch caliper (measured six inches above grade) at planting if single stem; for multi-stem understory trees, at least three stems are required with each stem at least of one-inch caliper (measured six inches above grade).

6.

If hedges are planted along the fence or wall, such shall be maintained at a height not to exceed six feet in height.

7.

If a vehicular gate is used, the gate shall be automated and setback a minimum of 20 feet from the lot side of the public sidewalk. If no sidewalk exists, the gate shall be set back 20 feet from the right-of-way/property line.

8.

If on a corner lot, the fence/wall shall meet the proximity to right-of-way intersection standard in subsection 134-517(d).

c.

Unless abutting a FDOT functionally classified arterial or collector, on any corner lot, abutting the side of another lot, a fence/wall along the side street exceeding four feet in height shall be set back 15 feet from the street side property line.

d.

Maximum fence and wall height outside the minimum front setback shall be eight feet in height unless a more restricted height limit applies. A fence or wall height greater than eight feet may be approved by special exception.

e.

Subdivision walls and buffers.

1.

Subdivisions that include lots with rear or side yards adjacent to a public right-of-way must include a screen wall and vegetative buffer to provide both a desirable buffer for the residents of the subdivision from the street as well as provide an aesthetic buffer for the users of the adjacent right-of-way. Height of the screen wall shall be six feet from the finished grade of the location of the wall or street, whichever provides the highest screening height. Compliance with this section will require a buffer with hedges, evergreen shade trees (at 40-foot on center spacing) and one understory tree centered between the shade tree, on the street side of the wall. The minimum width of the buffer shall be ten feet, as measured from the right-of-way line to the wall. The shade tree shall be a minimum caliper of five inches (as measured one foot above grade) and minimum 14 feet in height at planting with six-foot minimum vertical clearance to limbs. If overhead utilities exist along the right-of-way, the required shade trees shall be understory trees spaced every 20 feet on center, with said understory trees a minimum of nine feet in height and at least a three-inch caliper (measured six inches above grade) at planting if single stem; for multi-stem understory trees, at least three stems are required with each stem at least of one-inch caliper (measured six inches above grade).

2.

The following are not considered adequate buffers for compliance with this section:

•

Chain linked fences;

•

Wood fences;

•

Painted or untreated block walls; and

•

Insufficient planting area for maturing landscaping.

3.

Maintenance of these improvements will be the responsibility of the homeowners' association and must be clearly defined on the preliminary subdivision plan and final plat.

f.

No barbed wire fencing shall be allowed except by special exception approval. Such fencing, when allowed, shall be consistent with the standards listed in subsection 134-517(d)(6).

(2)

Nonresidential districts except the ECD and industrial districts.

a.

Fences or walls within the front setback shall be limited to a maximum height of four feet. For fences and walls, the front yard setback shall apply to all sides fronting a road.

b.

Outside the front or street side setback, the maximum height of a fence or wall shall be eight feet, except as noted for public utilities.

c.

No barbed wire fence shall be allowed except for security of public utilities or unless a special exception is approved. Such fencing, when allowed, shall be consistent with the standards listed in subsection 134-517(d)(6).

(3)

Industrial districts.

a.

Fences or walls within the front setback shall be limited to a maximum height of four feet. Fences greater than four feet in the front yard may be approved by special exception with conditions attached for landscaping and in consideration of continued view from the road into the property for crime prevention.

b.

Outside the front or street side setback, the maximum height of a fence or wall shall be eight feet, except as noted for public utilities.

c.

If a landscape buffer is required by chapter 114, the fence/wall shall be placed on the lot side of the buffer yard.

d.

Barbed wire along the top of a fence may be used provided the conditions of subsection 134-517(d)(6) are met.

(4)

ECD. Fences in the Edgewood Central District shall comply with ECD regulations.

(d)

Standards applicable to all districts.

(1)

Fence/wall material. Permanent fencing or wall material other than chain link, wood, vinyl, masonry concrete, brick, or pre-cast concrete may be approved only by special exception.

(2)

Chain link fencing. Except where specifically allowed by this section, chain link fences are prohibited between the front lot line and the front of the building structure in all districts. Where chain link fencing is allowed, such shall be green, black, or brown vinyl-coated.

(3)

Wood fencing. Wooden fences shall be constructed of stained or painted pressure treated pine, cedar, or cypress. Plywood, particle board, or similar wood materials are prohibited. The finished side shall face outward, and stringers and posts shall not be visible from the outside.

(4)

Masonry concrete block walls. Concrete block walls shall be clad in brick, stone or cultured stone veneer or have a one-inch thick stucco finish with brick stone or cultured stone accent features.

(5)

Pre-cast concrete walls. Pre-cast concrete walls shall have manufactured imprinted texture and patterns to mimic brick, stone or cultured stone patterns.

(6)

Barbed wire. The following standards apply when barbed wire fencing is used around public utilities:

a.

Without a special exception, no barbed wire may be on a parcel located adjacent to a residential zoning or future land use designation.

b.

The barbed wire shall be attached to a fence of a minimum height of eight feet.

c.

The barbed wire shall not exceed one additional foot in fence height without a special exception approval.

d.

The outward limit of the barbed wire shall not be within 20 feet of any street right-of-way line, sidewalk, or adjacent property.

(7)

Residential fence/wall colors. Fence or wall colors shall be matte finish of any earth tone color (i.e., color found in soil, such as sand, clay, slate), matte black, or matte white with a minimum matte white content of 90 percent.

(8)

Non-residential fence/wall colors. Fence/wall colors shall complement the primary color of the development and shall not be so extreme in contrast or intensity that the color competes with the building for attention or acts as a sign.

(9)

Fences/walls adjacent to required landscape buffers. Where landscape buffers are required adjacent to public rights-of-way, the fence/wall shall be located on the lot side of the buffer. Fences or walls located along interior side or rear lot lines may be placed atop the property line with required plantings located inside the fence or wall.

(10)

Proximity to intersections. To prevent obstruction of view of an oncoming vehicle or train at an intersection of two rights-of-way or a right-of-way and ingress/egress access points, at a minimum, fences and walls shall comply with the most current FDOT criteria and standards for intersection clear sight lines.

(11)

Maximum height in all districts. Outside the minimum yard standards (setbacks), the maximum height of fences and walls shall be eight feet unless specifically approved by special exception or elsewhere in this Code.

(12)

Adjacent to water bodies. All fences and walls located adjacent to water bodies shall not extend into such water body beyond the normal high water elevation (NHWE). The maximum height of a fence/wall within ten feet of the NHWE shall be four feet.

(13)

Swimming pools fencing. All swimming pools of any type whatsoever, including, but not limited to, portable swimming pools, shall be completely enclosed in accordance with the current publication of the Florida Building Code Swimming Pool Barrier Requirements and as approved by the city engineer.

(14)

Firefighting access. Fences and walls shall be designed and constructed so that adequate access to buildings is maintained for firefighting purposes.

(15)

Electric fences. It shall be unlawful for any person to erect, install or maintain any electrically charged fence within the city.

(16)

Temporary fencing.

a.

A temporary fence not exceeding eight feet in height may be erected during construction in any district.

b.

The temporary fence shall be restricted to chain link, vinyl picket, industrial aluminum, or wrought iron. All other materials are prohibited. Orange construction fencing for tree protection during construction shall be allowed.

c.

Any portion of the temporary fencing facing a right-of-way must allow a reasonably unrestricted view of the grounds of the undeveloped lot from the right-of-way. Picket-style materials fronting a right-of-way shall have minimum spacing of four inches between each picket with a maximum picket width of one inch.

d.

A pedestrian access gate is required. The gate must swing into the lot.

e.

The temporary fence shall be removed prior to any certificate of occupancy.

(17)

Fences/walls in regulated floodways. Fences and walls in regulated floodways shall be designed to avoid blocking the passage of floodwaters as determined by the city engineer.

(18)

Maintenance. All walls and fences shall be maintained at the proper height, in a plumb and upright position, free of any defects, damage, peeling and chipping, and mold and mildew, or other discoloration.

(Ord. No. 89-346, § 2(26-187), 3-21-1989; Ord. No. 2022-06, § 2, 10-18-2022)

In addition to the general requirements of this chapter, all home-based occupations as defined in section 134-1 shall conform to the following requirements:

(1)

Unless otherwise expressly permitted by applicable statutes or residential zoning regulations, including, but not limited to, mixed-used development plans and agreements for planned unit development, only commercial activity meeting the definition of a home-based business, as defined in F.S. § 559.955, is permitted on property zoned for residential use.

(2)

All home-based businesses located on property zoned for residential purposes must operate subject to the following provisions, conditions and restrictions:

a.

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. The business may have additional remote employees that do not work at the residential dwelling.

b.

Parking related to the business activities of the home-based business must comply with the zoning requirements applicable to other residential properties within the same zoning classification, and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Home-based businesses must comply with any regulations pertaining to the operation or parking of vehicles and trailers to residences where no home business is conducted. Any vehicles or trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces of the residence.

c.

As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

d.

No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that it is visible from the street or a neighboring residential property.

e.

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

f.

The activities of the home-based business must be secondary to the property's use as a residential dwelling. No sign shall be used other than one nonilluminated nameplate attached to the building entrance, and such plate shall not exceed one square foot in area.

g.

The business activities conducted at the residence must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat smoke, dust, glare, fumes, or noxious odors as such regulations apply to other residences where no business is conducted.

(Ord. No. 89-346, § 2(26-191), 3-21-1989; Ord. No. 2014-04, § 3, 6-17-2014; Ord. No. 2021-10, § 1, 10-19-2021)

(a)

General requirements. Except as may be specifically allowed in a particular zoning district, outdoor display and sale of merchandise in connection with any commercial use may only be permitted in accordance with the following requirements.

(b)

Use restrictions. The merchandise being displayed must be an item otherwise permitted to be sold in the zoning district in which the property is located. Only merchandise which must be displayed out of doors due to their size, nature or construction (such as swimming pools, landscaping materials, vehicles, etc.) may be displayed outdoors. Outdoor display of any and all other merchandise shall be prohibited. For those items allowed, no such items may be so displayed or sold more often then 72 hours every 90 calendar days.

(c)

Locational requirements. Merchandise displayed outdoors shall not encroach into any parking spaces or vehicular use areas required by this chapter, nor into any landscaping area or buffer yard required by this chapter, nor into any public right-of-way.

(Ord. No. 89-346, § 2(26-192), 3-21-1989)

Foster care facilities, as defined in this chapter, may be located in the city in accordance with and subject to the general zoning regulations of the city. No foster care facility shall be permitted within 700 feet of another existing foster care facility. The distance from a foster care facility shall be measured from the nearest property line of the proposed foster care facility to the nearest property line of the existing foster care facility.

(Ord. No. 89-346, § 2(26-193), 3-21-1989)

(a)

Except as provided herein, no parabolic or dish type antenna shall be erected, constructed, altered or maintained on any lot, parcel or tract within the city.

(b)

The term "parabolic or dish type antenna" (hereinafter "antenna or antennas"), as used herein, means any circular or similar dish shaped device exceeding 36 inches in diameter designed and intended for receiving antenna communications for television or radio signals from a satellite, booster station, relay station or microwave station.

(c)

All antennas located outside of an enclosed building or structure shall meet the following requirements:

(1)

The maximum of antennas per lot, parcel or tract shall be one.

(2)

The maximum overall height of an antenna, including support structure, shall be 12 feet from the ground to the top of the antenna.

(3)

The minimum setback from property lines shall be 15 feet from the outside perimeter of the antenna. The minimum setbacks from easements other than road easements shall be two feet at all times.

(4)

No antenna shall be located within a side yard adjacent to a street, or street/road easement or in a street right-of-way.

(5)

In residentially zoned property, no antenna shall be located within the front yard.

(6)

Each antenna shall be mounted at ground level and shall be screened from view by a six-foot high wood or masonry fence or by natural plants or trees of equal minimum height so planted as to provide maximum opacity. If a planted buffer is used in lieu of fencing, a landscape plan must be submitted with the application for a permit.

(7)

No antenna shall be roof mounted or mounted on a tower or similar form of structural support.

(8)

Any antenna which is higher than an adjacent property line fence must be located away from the side or real property line at a distance equal to or greater than the height which the antenna is above the adjacent fence.

(d)

No antennas shall be made operational until a permit has been issued by the city clerk after the determination that the installation will meet the requirements of all applicable city regulations and zoning ordinances. Each application for a permit shall be accompanied by the following:

(1)

A complete set of sealed engineering plans/specifications regarding the proposed antenna installation.

(2)

A permit fee in the amount established by resolution (refundable if denied).

(3)

A landscape plan if required by subsection (c)(6) of this section.

(e)

The city council may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions of the lot, parcel or tract, the placement of the antenna in strict compliance with this chapter will render the antenna inoperable or will so reduce its effectiveness as to effectively render the same inoperable. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the council unless and until a written application for variance is submitted demonstrating the above-described hardship, and unless and until the city engineer issues an opinion that the hardship as described exists. The variance application fee and the opinion of the city engineer shall be at the sole cost and expense of the applicant, which fee, cost and expense shall be set from time to time by the city council. In granting any variance, the council may prescribe appropriate conditions and safeguards in conformity with these regulations.

(Ord. No. 89-346, § 2(26-194), 3-21-1989)

Motor vehicle lots and boat sale areas, as defined in section 134-1, shall be prohibited in all zoning districts. Motor vehicle lots and boat sale areas shall be defined as a business which sells, trades or leases motor vehicles, boats and boat trailers. Motor vehicle, boat and boat trailer shall be defined as any motor vehicle, boat or boat trailer of the type and kind required to be registered, licensed and/or titled by or under the authority of the state.

(Ord. No. 89-346, § 2(26-196), 3-21-1989)

(a)

Use of parking spaces for sale of motor vehicle. It shall be unlawful for any person to use any parking space in the streets of the city for the purpose of exhibiting or offering for sale any automobile or other motor vehicle or boat or boat trailer (hereinafter motor vehicle), whether such motor vehicle belongs to himself or to another. A motor vehicle, boat and boat trailer shall be defined as any motor vehicle, boat or boat trailer of the type and kind required to be registered, licensed and/or titled by or under the authority of the state.

(b)

Posting of signs for sale of motor vehicle. It shall be unlawful to post a sign in any parked automobile, truck, boat, boat trailer or other motor vehicle advertising or offering said motor vehicle for sale if said sign is within public view.

(c)

Intent. It is not the intent of this section to prohibit the driving or temporary parking of cars (while shopping, etc.) with for sale signs or the parking of such motor vehicles in the residential driveways of the owners.

(d)

Enforcement. If a motor vehicle is used in violation of the provisions of this section, the city shall post upon said motor vehicle a notice stating the violation, the time period for removal and the penalty for noncompliance. If the motor vehicle is not removed after 24 hours from the posting of the notice, the city may remove said motor vehicle and hold the motor vehicle until the costs and expense of removal are paid.

(Ord. No. 89-346, § 2(26-197), 3-21-1989)

Garage sales, yard sales and estate sales shall be permitted temporary accessory uses on any residential building site in accordance with the following requirements:

(1)

Frequency. No garage sale, yard sale or estate sale shall be conducted at a frequency of more than three times per calendar year, nor shall any individual garage sale, yard sale or estate sale exceed a duration of more than two consecutive weekends. Any such activity exceeding these requirements shall be deemed to be an open air market as defined by this chapter, and shall be permitted only in accordance with the requirements for open air markets.

(2)

Parking. Parking shall be controlled by the operator of the garage sale, yard sale or estate sale so as not to create any traffic hazards on adjacent streets. In the event any code enforcement officer or police officer observes a traffic hazard causes by parking for the garage sale, yard sale or estate sale, the operator of the garage sale, yard sale or estate sale shall be required by code enforcement or police officers to cease all sales activity until the parking is controlled so as to not create a traffic hazard. Failure to comply with a notice to cease sales activity until parking is controlled as provided herein may result in issuance of a civil citation or other code enforcement action.

(3)

Permit required. Garage sales, yard sales and estate sales shall require a permit issued by the city. Applications shall be made on a form provided by the city. Application fees for garage sale, yard sale and estate sale permits shall be established by resolution.

(Ord. No. 89-346, § 2(26-199), 3-21-1989; Ord. No. 2014-03, § 2, 6-17-2014)

Except for temporary structures as provided elsewhere herein, no mobile homes as defined in section 134-1 may be utilized for any purpose within the city.

(Ord. No. 89-346, § 2(26-201), 3-21-1989)

Toll facilities are not permitted in any residential zoning district in the city nor within 1,000 feet of any such residential zoning district. For purposes of this section, the term "toll facilities" shall mean a location where vehicles must stop for the purpose of paying a toll for the use of a road or highway upon which they are traveling as long as there is more than one receptacle or booth at any one such location.

(Ord. No. 89-346, § 2(26-202), 3-21-1989)

In zoning districts where tattoo establishments are permitted as a special exception, the following additional criteria must be complied with:

(1)

All activities conducted at the establishment shall be in accordance with applicable state statutes and regulations;

(2)

Tattoo Establishments shall not have operating hours or be open to customers between the hours of 9:00 p.m. and 8:00 a.m.;

(3)

Tattoo establishments shall not be established within 1,500 feet of an existing tattoo establishment as measured in a straight line from the nearest point of each lot or parcel.

(Ord. No. 2024-06, § 2, 9-17-2024)

The basic site and building requirements for each residential and commercial zoning district are established in the table set out in section 134-579. A review of each district's regulations must be accomplished to determine the exact requirements. If there is a conflict between this section and the actual district regulations, the district regulations shall prevail. Whenever a particular district refers to this article and has no other site and building requirements, then this article shall be followed.

(Ord. No. 89-346, § 2(26-165), 3-21-1989)

(a)

There shall be a minimum of 20 feet between any two dwelling structures on the same lot.

(b)

No dwelling shall be erected on a lot which does not abut on a street for a distance of at least 15 feet.

(c)

On any corner lot abutting the side of another lot, no part of any structure within 25 feet of the common lot line shall be nearer the side street lot line than the required front yard of such abutting lot.

(Ord. No. 89-346, § 2(26-166), 3-21-1989)

(a)

In all residential districts, the minimum lot requirement and minimum front, side and rear yard requirements for uses other than residential uses shall be the same as required for a single-family use.

(b)

On any corner lot, no part of any structure shall be closer than 15 feet from a side street.

(c)

All setbacks shall be measured from the property lines.

(d)

See division 2 of this article for other exceptions.

(Ord. No. 89-346, § 2(26-167), 3-21-1989)

¹ ;sz=8q; Setbacks from every natural surface water body shall be a minimum of 50 feet, measured from the normal high water elevation. Encroachments into drainage swales, easements, etc., will not be allowed, regardless of setback distance.

² Buildings in excess of 35 feet in height may be permitted as a special exception.

³ Buildings in excess of one story in height within 100 feet of side or rear lot line of any single-family residential district may be permitted as a special exception.

⁴ Side setback is 25 feet where adjacent to single-family district.

⁵ Corner lots shall be 125 feet on major streets (see this division), 100 feet for all other streets.

⁶ Corner lots shall be 150 feet on major streets (see this division), 125 feet for all other streets.

⁷ A lot containing a single-family residence that had received a certificate of occupancy on or prior to June 16, 1998 that has an impervious surface percentage exceeding 45 percent is deemed a legal conforming use. Restoration or reconstruction of structures and impervious surfaces on the lot shall be permitted to maintain the same impervious area coverage as of June 16, 1998 without requiring a variance. However, any restoration or reconstruction must comply with all applicable permits and other relevant regulations.

⁸ Per Ordinance 1998-444, a single-family structure that had received a certificate of occupancy on or prior to June 16, 1998 shall be considered a legal use, notwithstanding encroachment into current setback areas or a lack of the current minimum floor area square footage. Any such structure may be restored or reconstructed consistent with the setbacks and floor area square footage as of June 15, 1998 without a variance, but in accordance with any applicable permitting and other requirements (see Ordinance 1998-444).

(Ord. No. 89-346, § 2(art. XVII), 3-21-1989; Ord. No. 1998-444, § 7, 6-16-1998; Ord. No. 2019-08, § 5, 11-19-2019; Ord. No. 2024-21, § 2(Exh. A), 12-17-2024)

(a)

Number of required spaces. Off-street parking spaces shall be provided for any use hereafter established or at the time of the erection of any main building or structure or at the time any main building, structure or occupational use is enlarged or increased in capacity by adding dwelling units, guestrooms, floor area, seats, or by increasing employment, according to the following minimum requirements:

(1)

Amusement or assembly places containing fixed seats. One space for each three fixed seats provided for patron use, plus one space per employee.

(2)

Amusement or assembly places without fixed seats (go-cart tracks, mini-golf courses, driving ranges and other similar outdoor uses). One space per each three patrons, plus one space per each employee.

(3)

Clubs, lodges, fraternities. One space for each bedroom, plus one space for each five members.

(4)

Day care centers and kindergartens. One space for each ten children, plus a pickup and drop-off area equal to one space for each ten children.

(5)

Apartments of three dwelling units or more (efficiencies and one-bedroom). One and one-half spaces for each dwelling unit.

(6)

Apartments of three dwelling units or more (two and three bedrooms). Two spaces for each dwelling unit.

(7)

Foster group homes, congregate living facilities, all similar institutions. Must be met when applicable.

(8)

Hotels, motels, tourist courts. One space for each one and 1½ rooms, plus one space for each 100 square feet of office and restaurant.

(9)

Industrial uses, manufacturing and warehousing. One space for each bay, plus one space for each 1,000 square feet.

(10)

Kennels and veterinary clinics. One space for each 300 square feet of office, animal shelter and run area.

(11)

Medical, dental, optical clinics and offices. One space for each employee, plus two spaces for each examination room.

(12)

Miniwarehouses up to 200 units. Four spaces located at office/entrance area, plus minimum 30 feet between buildings for driveway parking purposes.

(13)

Miniwarehouses over 200 units. Six spaces located at office/entrance area, plus minimum 30 feet between buildings for driveway parking purposes.

(14)

Mortuaries/funeral parlors. One space for each four seats in chapel, plus one space for each commercial vehicle.

(15)

Nursing, rest and convalescent homes, all similar institutions. Two spaces for each bedroom and office building criteria must be met when applicable.

(16)

Office building, including business, commercial and government. One space for each 200 square feet of floor area used for office purposes.

(17)

Playground and dog park accessory to a commercial business. No minimum.

(18)

Playground and dog park, standalone. One space per 10,000 square feet. One per 500 square feet of GFA for buildings and enclosed structures.

(19)

General business establishments, such as hardware, furniture, appliance, jewelry, apparel stores, etc. One space for each 300 square feet of gross floor area; provided, however, that no use shall have less than three spaces.

(20)

Residential dwelling units, single-family and duplex. Two spaces for each dwelling unit.

(21)

Restaurants, grills, bars, lounges, similar dining and/or drinking establishments. One space for each 100 square feet of gross floor area and one space for each 200 gross square feet of open air dining area. No use covered by this subsection shall have less than four spaces.

(22)

Personal service establishments, retail establishments, banks, financing and lending institutions. One space for each 100 square feet of first floor area, plus one space for each 200 square feet of floor area above the first floor, excluding storage areas; two spaces for lobby.

(23)

Schools, public and private, including elementary, high schools and academies (not including colleges, universities, or similar institutions). One space for each four seats in assembly hall; or, if no assembly hall, four spaces per each instructional room, plus one space for each three high school students.

(24)

Shopping centers up to 50,000 square feet gross floor area, food stores, supermarkets, and drugstores. Five and one half spaces for each 1,000 square feet of gross floor area; provided, however, no use shall have less than five spaces.

(25)

Shopping centers over 50,000 square feet gross floor area. Five spaces for each 1,000 square feet of gross floor area.

(26)

Uses not specifically mentioned. Other uses not specifically mentioned above shall meet the off-street parking requirements of the uses listed above which are similar or compatible.

(b)

Handicapped parking and access ramps. Handicapped parking and access ramps will be required according to state regulations.

(Ord. No. 89-346, § 2(26-155), 3-21-1989; Ord. No. 2020-01, § 1, 4-21-2020)

The parking spaces provided for herein shall be provided on the same lot where the principal use is located or within 1,320 feet from the principal entrance as measured along the most direct pedestrian route from each space to the principal entrance of the building for which the space is to be used as required parking; provided, however, that parking spaces provided across an arterial road from the lot where the principal use is located shall not be counted toward the parking spaces required herein. Off-site off-street parking shall also be subject to following:

(1)

At least 30 percent of the parking spaces required by section 134-605 or any other provision of this Code of Ordinances shall be provided on-site;

(2)

No required Americans With Disabilities Act accessible parking spaces may be provided off-site;

(3)

If valet parking is proposed, an on-site vehicle drop-off and pick-up lane shall be provided and included on the site-plan;

(4)

Off-site off-street parking spaces may only be counted toward required parking if such spaces are located on a paved and lined parking area which has been approved by the city for use as a parking area;

(5)

Off-site off-street parking spaces may not be counted toward required parking if such spaces are part of the required parking calculation of any other use unless the different uses occur at such different times that there would not be overlap of demand for the shared spaces;

(6)

If shared parking agreements are proposed for new development or redevelopment of an existing site, fully executed agreements contingent upon approval by the city shall be submitted to the city no later than submission of an application for site plan review;

(7)

Any property owner utilizing an off-site shared parking agreement shall verify that such shared parking agreement remains in full force and effect at the time of renewing its local business tax receipt.

(8)

With the exception of shared parking agreements approved prior to effective date of the ordinance codified in this section, all shared parking agreements and any amendments thereto shall be submitted to the city for approval and must include all of the following:

a.

Provision for which party is responsible for the maintenance of parking area;

b.

Specificity as to the days and/or hours when the shared parking spaces may be used by the party granted use of the shared parking spaces (note: when shared parking spaces are used to satisfy required parking, site plan approval may include a condition that hours of operation are restricted to the hours of availability of the parking spaces);

c.

Provision that the agreement shall not:

1.

Be terminated without cause;

2.

Have the number of shared parking spaces reduced; nor

3.

Have the hours of availability of the shared parking spaces changed without at least 180 days' notice in writing delivered to all parties including the city.

d.

Provision that the agreement shall benefit and be binding on any subsequent purchaser of either parcel;

e.

Provision that the agreement shall be recorded in the Official Records of Orange County, Florida;

f.

Acknowledgement by the grantor of the shared parking spaces that it understands the granting of shared parking spaces may impact future requests for expansion or change of use during the term of the shared parking agreement;

g.

Acknowledgment and agreement by the grantee of the shared parking spaces that if such shared parking spaces become unavailable for any reason the grantee must immediately reduce its use of the property benefitted by the shared parking agreement in a manner that existing available parking shall be sufficient to meet the parking requirements of this Code. The grantee shall acknowledge that it understands the loss of shared parking spaces may have negative financial impacts to it and that it accepts the risk of such impacts and shall hold the city harmless from any lawful action taken by the city to cause compliance;

h.

Inclusion of the city as a party to the agreement for the purpose of enforcing any of the above required provisions; and

i.

Notarized or attested signatures of all parties.

(Ord. No. 89-346, § 2(26-156), 3-21-1989; Ord. No. 2018-08, § 1, 7-17-2018; Ord. No. 2020-01, § 1, 4-21-2020)

Editor's note— Ord. No. 2020-01, § 1, adopted Apr. 21, 2020, deleted § 134-607 entitled "Joint use of off-street parking space," which derived from Ord. No. 89-346, § 2(26-157), adopted Mar. 21, 1989.

(a)

All parking areas shall have durable all-weather surfaces for vehicle use areas, shall be properly drained and shall be designed with regard to pedestrian safety. For purposes of this article, a durable, all-weather surface shall consist of an improved surface, including concrete, asphalt, stone and other permanent surfaces, but not including gravel, wood chips, mulch or other materials subject to decay. Residential conversions to professional offices use and churches may be exempt from this condition subject to written approval by the city engineer with the concurrence of the city council.

(b)

Each off-street parking area shall include 180 square feet, in addition to parking space, for access drives and aisles. The minimum width of each space shall be nine feet. Off-street turning and maneuvering space shall be provided for each lot so that no vehicle shall be required to back onto or from any public street.

(c)

When driveways and parking lots are adjacent to residential zoned property, a screening wall shall be required in order to eliminate problems of noise and lights with respect to adjacent residential uses. Such wall shall be of concrete, masonry or other permanent material, shall be maintenance free, and shall be at least eight feet in height.

(Ord. No. 89-346, § 2(26-158), 3-21-1989)

There shall be provided on the same lot with each commercial or industrial building or structure adequate space for off-street loading, unloading and the maneuvering of commercial vehicles. There shall be no loading or unloading of commercial vehicles on the public street. Off-street maneuvering space shall be provided so that no backing onto or from a public street is required. All loading and maneuvering areas shall be surfaced with hard, dustless material, shall be properly drained, shall be designed with regard to pedestrian safety, shall have direct access to public streets and shall be screened from adjacent residentially zoned property as provided above.

(Ord. No. 89-346, § 2(26-159), 3-21-1989)

The area reserved for off-street parking or loading in accordance with the requirements of this article shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided.

(Ord. No. 89-346, § 2(26-160), 3-21-1989)

Landscaping must meet the requirements of the city landscaping regulations set out in chapter 114, as amended from time to time.

(Ord. No. 89-346, § 2(26-161), 3-21-1989)