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

(Ord. of 12-12-90, § 7.00.00)

(a)

General standards and requirements. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

(1)

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

(2)

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this code.

(3)

Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area.

(4)

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

(5)

Accessory structures shall be shown on any concept development plan.

(b)

Satellite dish antennas.

(1)

General standards. All satellite dish antenna installations shall meet the following requirements:

a.

The satellite dish antenna shall be considered a structure requiring a building permit to be issued prior to installation or modification. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

b.

The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electrical Safety Code.

c.

The satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules and requirements.

d.

The satellite dish antenna shall be of a nonreflective surface material and shall be made, to the maximum extent possible, to conform and blend, taking into, consideration color and location, with the surrounding area and structures.

e.

The satellite dish antenna shall contain no advertising or signage of any type.

f.

The installer of any satellite dish antenna, prior to installation, shall submit detailed blueprints/drawings of the proposed satellite dish antenna installation and foundation which shall be certified for construction and wind load by the manufacturer or a professional engineer. Calculations for wind load shall be submitted along with the plans.

The plans, specifications and other data submitted under this section shall be in duplicate and in sufficient detail to show:

1.

Plot plan, drawn by a qualified professional, showing existing structures, required minimum setbacks, location of proposed antenna, and location of proposed enclosure or screening.

2.

All relevant dimensions.

3.

Structural drawings indicating footing details, placement of reinforcing steel, antenna support, and any other pertinent information.

4.

Calculations for the entire structural support system and mounting details.

(2)

Technical requirements.

a.

Satellite dish antennas shall be restricted to the rear of the principal dwelling only, and shall not be installed in front of, to the side of, or on the roofs of houses. All town zoning setback requirements shall be complied with in the location of any satellite dish antenna.

b.

Satellite dish antennas shall be freestanding, and the highest point of the antenna shall not extend more than five feet above the height of the roofline of the principal building or 15 feet above ground level, whichever is lesser.

c.

The antenna and supporting structure shall be made as unobtrusive as possible by shrubbery, trees, foliage or other screening.

d.

Satellite dish antenna systems shall be ground mounted and located in such areas as to be screened or buffered from view from adjacent properties, roads and/or rights-of-way.

(3)

Additional standards.

a.

A satellite dish antenna shall be considered an accessory structure to the principal dwelling and shall not constitute the principal use of the property.

b.

The satellite dish antenna installed pursuant to this section shall not be used for any commercial purposes. It shall only provide service to the principal dwelling.

c.

Satellite dish antenna installations shall be limited to one installation per residential lot.

d.

The satellite dish antenna installation shall be mounted at a fixed point and shall not be portable.

(4)

Nonconforming antenna. Any satellite dish antenna lawfully installed prior to September 12, 1990, shall be allowed to remain until such time as it is replaced or relocated. At the time of replacement or relocation, the provisions of this Code shall be met.

(c)

Storage buildings, utility buildings and greenhouses.

(1)

No accessory buildings used for storage of hazardous, incendiary, noxious, or pernicious materials shall be located nearer than 100 feet from any property line.

(2)

Storage buildings, greenhouses, and the like shall be permitted only in compliance with standards for minimum distance between buildings and setbacks from property lines and rights-of-way, subject to the limited exception set forth in subsection (3).

(3)

Within the RS district, one storage or utility shed shall be permitted per principal building, subject to the following restrictions:

a.

The shed shall be located in the rear yard.

b.

The shed shall be setback a minimum of three feet from the side lot line and three feet from the rear lot line. Where the rear lot line abuts a waterway, the shed must meet the standard rear setback requirement.

c.

The shed shall be screened from view from adjacent properties and rights-of-way by landscaping or a fence at least six feet in height.

d.

Maximum dimensions of each shed shall be ten feet by 12 feet by eight feet in height.

(4)

Storage and other buildings regulated by this section shall be included in calculations for impervious surface and any other site design requirements applying to the principal use of the lot.

(5)

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

(d)

Swimming pools, hot tubs, and similar structures.

(1)

Excavated swimming pools and their associated decks, if unenclosed, shall not be permitted further toward a street than the principal building and shall not encroach into any required building setback with the exception of the rear setback which will be a minimum of five feet.

Notwithstanding the foregoing, the rear setback for an excavated swimming pool, if unenclosed, may be reduced to two feet when measured from the water line of the pool where the pool directly abuts a navigable waterway and plans prepared by a Florida registered engineer demonstrate that the structural integrity of the pool and the seawall or bulkhead will not be compromised by the reduced setback. In no event shall the distance from the water line of the pool and the edge of the waterway be less than five feet.

(2)

Enclosures for pools shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements of this Code, except in the RS zoning district where fiberglass screen or wire mesh screen enclosures shall be allowed to be constructed within five feet of the rear property line if the rear property line abuts a 15-foot utility easement which will provide an adequate buffer.

(3)

All pools shall meet the Pool and Spa Code adopted by the town. See section 10-26.

(4)

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

(5)

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

(e)

Fences, hedges and walls.

(1)

All fences or walls shall comply with the Standard Building Code. The posts of each fence must be resistent to decay, corrosion and termite infestation. Wooden posts must be pressure-treated for strength and endurance.

(2)

Fences, walls or hedges may be located in all front, side and rear yards. Within the RS district, the following additional regulations shall apply:

a.

No fences, wall or hedges shall exceed three feet in height when placed within 15 feet from the front lot line.

b.

Each fence, wall or hedge located in a side or rear yard shall not exceed a height of eight feet.

c.

When the rear lot line abuts a waterway, no fence, wall or hedge exceeding four feet in height shall be placed along the rear lot line or within 20 feet from the edge of the waterway, and the materials used for such fences and walls shall be limited to open chain-link, open-railing or some other type of material or design that is not visually obstructive. This subsection (c) shall not apply to lots abutting the RM or RH district.

(3)

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence or wall shall be located in the required clear vision area. (See section 28-162(g) of this Code.)

(4)

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

(5)

A fence or wall required by a public agency for safety and protection of hazard may not be subject to height limitations above. Approval to exceed minimum height standards may be given by the building official upon receipt of satisfactory evidence of the need to exceed height standards.

(6)

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

(7)

Fences, hedges and walls constructed in all zoning districts except RS may be erected or maintained to a height not exceeding eight feet. See subsection (e)(2) of this section for requirements within the RS zoning district.

(8)

The Board of Adjustment may authorize upon appeal in specific cases the height of fences or walls to be in excess of that specifically allowed in the applicable zoning district where same will not be contrary to the public interest, and owing to specific conditions, enforcement of the maximum fence height requirements herein established will result in unnecessary hardship. Special conditions which may constitute a hardship are property abutting a limited access highway or a railroad right-of-way, or property abutting any road right-of-way or area which is used or maintained in an obnoxious manner or constitutes an eyesore to an abutting property owner.

(9)

No barbed wire, electrical elements or other hazardous materials that would inflict pain or injury to any person or animal shall be maintained as a fence, wall or hedge or any part of a fence, wall or hedge in the RS district. Any cyclone or chain-link fence shall be crimped at the top to eliminate sharp edges.

(10)

No fence, wall or hedge shall be constructed or maintained within three (3) feet of a fire hydrant, water connection or other emergency apparatus utilized for fire protection. Fences, walls or hedges shall not be placed within the area required to be clear and unobstructed by applicable fire codes for the ingress or egress of emergency vehicles, persons or animals.

(f)

Tennis courts.

(1)

Tennis courts shall be permitted in all residential districts, and shall be enclosed by a ten-foot minimum height chainlink fence.

(2)

The tennis court and enclosure shall comply with the required front building setback of the district and shall be 25 feet minimum from any side or rear property line, except where a seawall is the rear property line, in which case the fence may be a minimum of ten feet from the seawall.

(g)

Utility poles. Utility poles required by public utility companies shall be installed where lot lines meet road rights-of-way.

(Ord. of 12-12-90, § 7.01.00; Ord. No. 130, § 2, 10-11-00; Ord. No. 131, § 4, 10-11-00; Ord. No. 160, § 2, 1-18-06)

(a)

Home occupations.

(1)

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

(2)

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

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No signs, storage or display of merchandise or materials is permitted.

(4)

No home occupation shall occupy more than ten percent of the total living area of the residence and no accessory building, freestanding or attached, shall be used for a home occupation.

(5)

No traffic shall be generated by such occupation in greater volumes than would normally be expected from a single residence.

(6)

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

(7)

A home occupation shall be subject to all applicable town requirements, fees and business taxes.

(b)

Temporary uses.

(1)

The Town Council may permit the temporary use of land for purposes not otherwise permitted if the property owner has demonstrated that such temporary use is necessary and incidental to the lawful development and use of the property (e.g., construction/sales trailers).

(2)

In the absence of other time constraints imposed by Town Council, temporary uses shall be discontinued after a period of one calendar year unless extended by Town Council. In all cases, construction/sales trailers shall be removed at completion of project construction.

(3)

The Town Council may at its discretion place conditions upon any temporary use authorized under this article.

(4)

Any temporary use authorized by the Town Council shall be accompanied by terms and conditions by the applicant in writing. Such terms and conditions shall be filed in the office of the Town Clerk within ten days of the date such temporary use is authorized.

(Ord. of 12-12-90, § 7.02.00; Ord. No. 162, § 8, 12-20-06)