(a)

Permitted construction. Only docks, walkways, water observation platforms, and utility pilings shall be permitted on wetlands, which include submerged lands, mangroves, tidal marshes and other similar areas.

(b)

Prohibited construction. Placing fill in or on jurisdictional wetlands or undisturbed wetlands is prohibited. The placing of fill in nonjurisdictional wetlands or disturbed wetlands is as set forth in section 110-25.

(c)

Construction guidelines. All structures on any submerged lands and mangroves shall be designed, located and constructed such that:

(1)

All structures shall be constructed on pilings or other supports.

(2)

The length of structures shall be limited as follows except pursuant to a variance:

a.

The maximum length perpendicular to the shoreline shall be commensurate with the shoreline width of the land parcel at which the structure is located (at a ratio of two feet of structure length to one foot of shoreline length) subject to a maximum length of 100 feet from the mean low water line.

b.

The length shall not exceed ten percent of the width of the water body as measured across the water body from the proposed location of placement and from the point of mean low water to the opposing point of mean low water.

c.

A variance may be granted by the city council to allow the minimum relaxation of the above restrictions, regarding length, which is necessary to provide the upland owner reasonable access to adjacent waters for recreational use. Variances will only be granted in consideration of, among other criteria, that such structures not be inconsistent with community character, not interfere with public recreational uses in or on adjacent waters, not interfere with wetlands and pose no navigational or safety hazard. Shoreline property owners within 300 feet of the subject parcel will be notified of the proposed variance 30 working days in advance of a permit for the variance in order to allow an opportunity for appeal.

(d)

Seagrass impacts. Docking facilities shall not terminate on submerged land with seagrasses or hard-bottom communities, regardless of water depth, except as may be permitted by the state department of environmental protection. No structure shall be located on submerged land which is vegetated with seagrasses or hard-bottom communities except for:

(1)

As is necessary to reach waters at least four feet below mean low water for docking facilities; or

(2)

Water observation platforms.

(e)

Mangrove shoreline impacts. Structures shall not be permitted which cover or remove a mangrove fringe, as determined by the building official, except as specified below:

(1)

Where a mangrove fringe exists along the shoreline, then a structure perpendicular to the shoreline (such as a T-dock) shall be the only design permitted and the structure shall be constructed to comply with subsection (d) of this section.

(2)

Construction of structures in such locations shall be undertaken so as to ensure the survival of the mangrove fringe in healthy condition.

(LDR 2002, §§ 15.01.1, 15.01.2)

Along any canal or waterway with a width of less than 50 feet, docks shall not protrude seaward further than the property line along such canal or waterway and shall be designed to allow the safe maneuvering of boats in such canal or waterway. Along canals or waterways with 50 feet or more of width, docks shall not protrude seaward more than five feet from the property line mean low water line (MLWL). Further, within any canal or waterway, at no time shall:

(1)

A dock be used to moor two or more parallel boats fastened to each other and fastened to such dock.

(2)

A boat, the beam and dock of which exceed one third of the width of a canal or waterway, be moored except in the case of an emergency. (Life threatening condition to crew, vessel threatening damage requiring immediate repair, or hurricane mooring during warning period and passage of a hurricane in the immediate vicinity of the city.)

Additionally, all structures on any submerged lands and or in mangroves or mangrove fringes shall be designed, located and constructed such that:

(1)

All structures shall be constructed on pilings or other supports;

(2)

Walkways and accessways shall not exceed five feet in width;

(3)

Perpendicular structures that extend over confined water bodies shall not exceed ten percent of the width of confined water bodies as measured from mean low water line to mean low water line. The maximum area of the terminal platform shall not exceed eight feet in width and 20 feet in length;

(4)

Where perpendicular designs are not feasible, a parallel structure may be permitted provided that the structure:

a.

Does not exceed 20 feet in length if mangroves are present;

b.

Does not exceed five feet in width; and

c.

Utilizes and existing cleared area along the shoreline before encroaching into vegetated areas;

(5)

Docks or piers shall not be constructed or terminated over submerged land that is vegetated with sea grasses, except as permitted by the provisions of section 126-101(d). Structures shall be designed to permit sunlight to reach the bottom;

(6)

Structures in compliance with these land development regulations destroyed by an act of God may be rebuilt to original design dimensions. Those not in compliance shall be treated as nonconforming structures in accordance with section 126-56(1) and (2).

(LDR 2002, §§ 15.01.3, 15.01.4)

(a)

All boat ramps shall be located and designed so as not to create nonconformity of other structures set back from the mean high water line.

(b)

Public boat ramps shall be confined to an existing cleared area and shall be designed and located so as not to create nonconformity.

(c)

Private boat ramps shall only be located on scarified shorelines of manmade canals, channels and basins.

(d)

The width of boat ramps, including side slopes, shall be limited to 15 feet except that commercial ramps, those serving more than three dwelling units, and ramps operated by state agencies, or other public ramps available to the public may be 30 feet.

(e)

There shall be no filling of wetlands or other surface water, other than the actual boat ramp surface, incidental filling associated with recontouring the land under the ramp to create a smooth grade, and pilings for associated accessory docks.

(f)

The above water portion of the ramp shall be landward of the original mean high water line.

(g)

Dredging shall be limited to that amount of material necessary to necessary to construct the boat ramp surface or restore the ramp to its original configuration and dimension, and the amount of dredged material shall be the minimal needed but no more than 100 cubic yards.

(h)

All spoil material shall be deposited in an upland spoil site, which shall be designed and located to prevent the escape of spoil material into wetlands or other surface waters.

(i)

A maximum of two accessory docks, abutting either one or both sides of the boat ramp may be authorized.

(j)

There shall be no dredging or filling of submerged grassbeds or hard-bottom communities.

(k)

No part of the accessory docks shall be located over submerged grassbeds or hard-bottom communities.

(LDR 2002, § 15.01.5)

(a)

The use of any property zoned for residential purposes or the use of any dwelling unit by a larger number of persons than such property or dwelling unit is designed for or designed to accommodate is hereby declared to be a violation of these land development regulations.

(b)

It shall be unlawful for the owner, lessee, or other person in legal possession or control of any property zoned for residential purposes, or of any dwelling unit, to use or allow such property or dwelling to be used for the purpose of holding conventions, meetings, or entertaining on a continuing or regular basis a larger number of persons than such property or dwelling unit is zoned for or designed to accommodate. Nothing contained in this section shall be deemed to prohibit the entertainment of bona fide guests of the owner, lessee, or other persons in legal possession or control of any dwelling units. However, a continuing or regular invitation to persons shall not be considered as the entertainment of bona fide guests within the meaning of this section, but shall be deemed equivalent to the creation of a club thereby contrary to the terms of residential zoning requirements.

(LDR 2002, § 15.02)

(a)

The maximum overall height including ornamentation of all walls and fences shall not exceed six feet from grade [refer to section 101-4 (rules of construction definitions)] if located within any setback area in residential district. Swimming pool barriers shall conform to the Florida Building Code. Gates integral to any fence are considered to be part of said fence are and governed by all fence codes. Further, no fence or wall shall be located within 4½ feet of the established paved area of a right-of-way in the "SF" and "MF" residential districts.

(b)

Notwithstanding subsection (a) of this section, fences or walls shall be allowed in the "MF" residential and "C" commercial district up to eight feet in height for security purposes. Such fence shall only be allowed through a site plan or special exception approval by the city council.

(LDR 2002, § 15.03; Ord. No. 2007-06-01, § 1, 8-2-2007; Ord. No. 2021-02-01 , § 3, 3-4-2021)

(a)

It is deemed necessary and expedient for the preservation of the public health and for the general welfare of the city that, except for the keeping of domestic dogs, cats, birds, fish aquariums and other household animals, all other animals and fowl shall be expressly prohibited and restricted. However, this section does not preclude the keeping of marine life in conjunction with an approved tourist attraction or research facility in the "C" commercial district.

(b)

The owning, keeping, harboring or possession of dogs shall also be subject to the following:

(1)

No more than two dogs shall be allowed per dwelling unit in any residential district, and no more than one dog per dwelling unit shall be allowed in the "C" commercial district, and one dog per business shall be allowed in the "C" commercial district. Further, commercial kennels or the keeping of dogs for pay is expressly prohibited in all districts. Those persons having more than the above number of dogs as of April 12, 1996, shall be allowed to keep those dogs provided the dogs are registered with the city by June 12, 1996. Registration shall be in a form prescribed by the city clerk and shall include information on the owner, the dogs' county registration numbers, physical characteristics of the dogs, and other pertinent information for dog identification. Newborn puppies born to the dogs on the premises shall be exempt from this subsection for a period of three months.

(2)

It shall be unlawful for the owner of any dog to permit the same to be on any public right-of-way or other public area in any zoning district of the city unless such dog is on a leash. Any dog found running at large on any public area in the city may be impounded and appropriate recourse may be taken against the owner through code enforcement action or other lawful means.

(LDR 2002, § 15.04)

No person shall use any portion of any building in an "SF" or "MF" district for the purpose of carrying on or practicing any profession, occupation, business or calling unless a business tax receipt has been issued by the city council. Further, any such business activity for which a license may be issued shall be restricted to all of the following:

(1)

Only those activities carried on by a member of the family or household residing on the premises shall be allowed.

(2)

There shall be no signs indicating the conduct of a business, except that a name plate not more than one square foot in area may be allowed.

(3)

There shall be no display which indicates from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.

(4)

No commodity or goods shall be sold upon the premises and no goods or products shall be manufactured, assembled or otherwise processed.

(5)

No more than two persons may be employed on the site by the licensee, and those persons shall be members of the immediate family or household residing on the premises.

(6)

No mechanical equipment shall be used except of a type that is similar in character to that normally used for purely domestic or household purposes.

(7)

It is the intent of these home occupation regulations to restrict home occupations to business services which do not normally create customer traffic to the premises.

(8)

Such business shall be confined to no more than 20 percent of the total floor area of the dwelling.

(LDR 2002, § 15.05.1)

The principal building and accessory buildings shall be located and constructed in accordance with the schedule of site regulations in table 2 of section 126-119, and other applicable regulations contained herein.

(LDR 2002, § 15.06.1)

Between the hours of 11:00 p.m. and 8:00 a.m., it shall be unlawful for any person to make, continue, or cause to be made or continued, in the operation of any machine or the exercise of any trade or calling or otherwise, any noise which either annoys, injures, or endangers the comfort, repose, health, or safety of any person within a residential district of the city, unless the making and continuing of the noise is necessary for the protection or preservation of property or the health, safety, life or limb of a person. However, the restrictions in this section do not prohibit speech of any kind.

(LDR 2002, § 15.07.1)

The use of bells, whistles, sirens, music horns or any other noisemaking device for the purpose of attracting persons to any vehicle upon the streets, highways, rights-of-way, alleys or public way of the city for the purpose of selling, distributing or giving away any product whatsoever is hereby declared to be a public nuisance and hazard. These activities are expressly prohibited and shall be unlawful, except in cases where they are carried on as part of duly authorized public parades or processions where crowd control is provided.

(LDR 2002, § 15.08.1)

No use shall be made of any property within any zoning district that shall in any way be offensive or noxious by reason of the emission of odors, gases, dust, smoke, vibration or excessive noise, nor shall anything be constructed or maintained in any zoning district that would in any way constitute an eyesore or nuisance to adjacent property owners, residents, or to the community.

(LDR 2002, § 15.09.1)

No motor vehicles, trailers, campers, recreational vehicles, or other vehicles designed for use on public roads shall be parked in road rights-of-way unless such vehicle is currently registered and has on display a valid license tag. Further, no equipment, machinery, or parts thereof shall be placed on a road right-of-way for more than a 24 hour period.

(LDR 2002, § 15.10.1)

See schedule of district regulations in table 1 of section 126-118.

(LDR 2002, § 15.11)

A temporary electrical hookup shall not occur on any site and no construction-related activity shall occur, until a building permit has been issued for the project. Further, a temporary electrical hookup shall be allowed only for the duration of a valid building permit, but in any event shall not exceed one year unless approved by the city council. All plans for which a temporary or permanent electrical hookup permit is sought shall be stamped with the approval of the Florida Keys electrical co-op before a permit is issued.

(LDR 2002, § 15.12)

(a)

At no time shall the above equipment or vehicles, or any similar equipment or vehicles, be occupied or used for living, sleeping, or housekeeping purposes in any residential or commercial district, except that a permit may be issued by the city clerk to allow, as a temporary convenience, the parking and occupancy of a travel trailer, recreational vehicle, or motor home on an improved residential lot. Such permit shall only be issued if an occupied dwelling unit exists on the site and the persons occupying the travel trailer, recreational vehicle or motor home are the guests of the residents of the occupied dwelling. Further, such permit shall be issued for no more than a seven-day period, and permits shall not be issued for the same site more than two times in any two-month period. However, such vehicle or equipment shall have self-contained sanitary facilities.

(b)

Except as provided in subsection (a) of this section, it is expressly prohibited to park, place or store motor homes, trailers, travel trailers or tents, recreational vehicles, trucks, automobiles or any other vehicle on any lot or parcel in any residential district not containing a habitable structure except as a temporary convenience for a 24-hour period. This subsection shall not apply, however, when such lot or parcel is under the same ownership as an abutting lot or parcel that contains a habitable structure and is being used by said owners for the purposes described herein. It is further prohibited to lease or rent land in any residential zoning district for the purpose of parking or storing the above equipment or vehicles.

(LDR 2002, § 15.13)

No commercial establishments shall be allowed to sell or serve alcoholic beverages within 1,000 feet of an existing church or worship hall.

(LDR 2002, § 15.14)

TABLE 1
SCHEDULE OF DISTRICT REGULATIONS
"SF" SINGLE-FAMILY DISTRICT

"MF" MULTIFAMILY DISTRICT

"C" COMMERCIAL DISTRICT ²

"CD" CONSERVATION DISTRICT

"PD" PUBLIC USE

¹ All uses must demonstrate compliance with level of service standards.

² The commercial "C" district lying east of North Layton Drive and North of U.S. Highway 1 extends 200 feet north of the U.S. Highway 1 right-of-way.

(Ord. No. 04-05-01)

TABLE 2
SCHEDULE OF SITE REGULATIONS

NOTES:

^;sd; All commercial and residential development must comply with most recent onsite sewage treatment and disposal standards. All new development must demonstrate compliance with stormwater management, must provide documents indicating water, sewer or onsite sewage disposal and treatment permits, documentation of compliance with transportation level of service, garbage, and other federal and state agency permits prior to issuance of local permit, with site evaluation documenting no other feasible option.

¹ These requirements may be waived by the city council for parcels, and the structures thereon, that contain a utility which serves the public and which is the primary use of the site.

² Additional setback may be required by the Florida or U.S. Departments of Transportation.

³ When a dock is not constructed, the setback shall be taken from the mean high water line as established by a registered surveyor.

⁴ Lot coverage for roofed structures shall include overhangs. For residential lots, impervious area beyond that of the principal structure (35 percent of the lot) shall be limited to 800 square feet per 5,000 square feet of land area, or prorated fraction thereof. Impervious area shall include, but not be limited to, drain fields, concrete, roofs, overhangs, docks, and the like. This is only for single-family, not commercial.

⁵ Setback from Zane Grey Creek or wetlands is 20 feet minimum measured from mean high water line (MHWL) without regard to structure orientation.

A non-self-propelled mobile unit or movable structure may be utilized as a temporary accessory use during construction or for preconstruction sales, upon issuance of a permit by the building official. Such permit shall be issued in accordance with the following conditions:

(1)

A building permit has been issued for the project. A permit fee of $25.00 shall be charged for each such permit.

(2)

A $500.00 cash bond shall be posted to guarantee removal of the structure. Where more than one such structure is permitted for the same project, an additional $250.00 cash bond shall be required for each additional structure.

(3)

Permits shall be issued for a six-month period, however the building official may renew the permit for additional periods not to exceed a total of one year, if the applicant demonstrates good faith and cause.

(LDR 2002, § 15.17)

(a)

Garbage, garbage cans, trash or any other material, refuse or container intended for pickup and removal shall not remain on any road right-of-way or front yard for more than 24 hours in any district.

(b)

All lots shall be maintained free of dead tree limbs, dead or fallen trees, and all other refuse and waste that creates an eyesore, nuisance or potential health or safely problem. Further, on all unimproved subdivided lots, no vegetation other than desirable vegetation identified in section 126-136 shall be allowed to grow to a height greater than 12 inches.

(LDR 2002, § 15.18)

At all new commercial and residential construction sites for habitable buildings, or other projects where restroom facilities are not available on the site, temporary restroom facilities shall be required at all times during which construction activity is taking place. All work shall cease immediately until such time that a temporary restroom facility is located on the site. A temporary restroom facility may include a temporary construction facility as authorized in section 126-120, or similar permitted vehicle that contains a working restroom facility or portable toilets. A temporary restroom facility shall no longer be required once permanent restroom facilities are operational in the new building.

(LDR 2002, § 15.21.1)

No dwelling unit in the "SF" or "MF" district shall be leased or rented for less than a 90-day period. Further, any property owner renting or leasing a dwelling unit for less than a six-month period shall comply with all state licensing and taxing requirements.

(LDR 2002, § 15.22.1)

In all residential structures, lofts shall be restricted to a height of five feet. In addition, loft construction shall be restricted as follows:

(1)

Ceilings of all lofts shall be of a permanent nature and not subject to removal after construction is completed. Finish materials for ceiling shall be drywall and the like.

(2)

Ceiling joist framing shall be constructed of 2X wood members permanently fastened to the structure.

(3)

Suspended ceilings hung from tracks or other removable devices and/or suspension systems shall not be allowed.

(4)

The building official shall have the final authority in determining whether the ceiling of the loft meets the intent of this section or whether the construction is attempting to circumvent intent of this section.

(LDR 2002, § 15.23)

The purpose and intent of sections 126-126 to 126-129 is to provide regulations for the location and screening of dumpsters for the enhancement of the community amenities of beauty and visual interest and to protect public health, safety, and welfare by promoting refuse and litter control.

(LDR 2002, § 15.24.1)

The regulations provided herein shall apply to all districts zoned residential or commercial within the city having or using dumpsters for their sanitation service. Temporary dumpsters, such as those which are placed on jobsites during construction activity, are not subject to the provisions of these regulations.

(LDR 2002, § 15.24.2)

All dumpsters in the city in applicable zoning districts shall be located on the property serviced so as to be reasonably accessible for trash collection by the sanitation vehicles, and shall not be located within the right-of-way of a public street or alley.

(LDR 2002, § 15.24.3)

(a)

All dumpsters shall be screened from public view, from public streets, and from abutting properties having a residential zoning district classification.

(b)

Screening on three sides of the dumpster shall be erected with access to the dumpster on the fourth side being obtained by an approved opening. The sufficiency of the access to the dumpster shall meet the concurrence of the building official and the director of the franchised sanitation company.

(c)

Dumpsters are not required to be screened when placed in the rear setback behind buildings and not in view of the general public, except when the rear of a commercial establishment abuts residentially zoned property.

(d)

Screening shall be opaque in nature and shall be constructed in conformity with material approved by the city's building code and meet the city's wind code. A permit must be obtained from the building official prior to the commencement of construction.

(e)

The buffering of dumpsters shall be of a material that blends in with the architecture of the building, when possible. All screening must be a minimum of six feet high. The height of the dumpster may not protrude above the screening.

(f)

All dumpsters must be placed on a hard surface, the minimum dimensions of which shall be adequate for the size of the dumpster located there. Inadequate or nondurable pads shall be the responsibility of the property owner to repair or replace as needed.

(g)

In the event the property owner elects to place gates on the screened enclosure, the doors must be kept closed at all times except when the dumpster is being serviced. The doors must be kept in good repair at the expense of the owner.

(LDR 2002, § 15.24.4)

These regulations cover all existing and future development within the city. In the case of new development, the location of these dumpsters shall be shown on the approved site plan. Additionally, all existing nonconforming dumpsters in the city shall be in compliance with these regulations on the effective date of the ordinance from which these land development regulations are derived.

(LDR 2002, §§ 15.24.5, 15.24.6)

Except as provided for elsewhere in these land development regulations, the placement of temporary tent structures on any improved or unimproved lot in any zoning district is expressly prohibited except as follows:

(1)

A temporary tent structure may be erected for one 72-hour period only during any given calendar month.

(2)

A temporary tent structure may be erected for one 30-day period only during any given calendar year. A no-fee permit is required for this use.

(3)

Temporary tent structures shall be properly anchored against the possibility of strong weather conditions.

(LDR 2002, § 15.25)

(a)

For the purpose of this section, the term "off-street parking space" shall consist of a parking space having minimum dimensions of nine feet in width by 18 feet in length for the parking of each motor vehicle, exclusive of access drives or aisles thereto. Compact parking spaces may be utilized to meet up to 30 percent of the required number of parking spaces. Compact parking shall have minimum dimensions of eight feet in width by 16 feet in length. Minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of parking as set forth in accepted off-street parking standards.

(b)

All parking areas shall be arranged so that motor vehicles may be placed and removed from parking spaces without the necessity of moving any other motor vehicle. It shall be unlawful for the owners or occupants of a commercial building to place any furniture or other property that will obstruct or hinder the free use of any parking area.

(1)

For all commercial buildings and uses, parking spaces shall be arranged so that vehicles may enter and leave the parking lot in a forward motion. Further, parking shall be designed so that no space shall back directly onto a sidewalk or road right-of-way.

(2)

Required yards and setbacks may be used for off-street parking; provided that access drives or aisles and turning spaces shall be located within the lot lines. Street or sidewalk areas shall not be used for off-street parking purposes.

(3)

Parking spaces for the handicapped shall be provided in accordance with state and federal law.

(c)

There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than 25 percent of the square footage of the existing building or structure, or increased in capacity by adding dwelling units, guestrooms, floor area or seats, minimum off-street motor vehicle parking space with adequate provisions for ingress and egress by a motor vehicle of standard size, in accordance with the following:

For the purpose of this section, Mixed Use Resort means:

A resort with a transient lodging facility with at least 30 rooms and a restaurant with at least 150 seats and which are planned with shared parking and access and, where located on adjacent lots, have executed a covenant to permanently share common parking between the two lots.

All other uses shall provide five spaces per 1,000 square feet of gross floor area, except that the city council may reduce this standard upon receipt of a special exception application requesting such reduction.

(d)

Parking spaces for all permitted uses shall be located on the same lot with the main building or structure to be served except that off-street parking off the site may be approved as a special exception use when such parking is within 600 feet of the main structure or building. For other than single-family and duplex dwellings, each parking space shall be marked either by painted lines, precast curbs, or in a similar fashion so as to indicate the individual parking spaces.

(e)

The plan for ingress and egress to and from the off-street parking area shall be subject to the approval of the city council. A certificate of occupancy for the given structure or premises shall be prohibited until the required parking area has been inspected and approved.

(LDR 2002, § 18.01; Ord. No. 2011-06-01, § 2, 7-7-2011)

State Law reference— Provisions required to ensure the protection of environmentally sensitive lands designated, F.S. § 163.3202(2)(h).

(a)

Generally. Landscaping and open areas shall be required for all developments in the city in accordance with this section. For purposes of encouraging vegetation and landscaping, the regulations contained herein shall be considered minimum requirements. All development shall be clustered on the least environmentally sensitive portion of the lot prior to clearing additional areas.

(b)

Definitions. The following words, terms and phrases, when used in this section and sections 126-133 and 126-134, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Landscaped areas means areas that shall consist of any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable material commonly used in landscaping such as, but not limited to, natural coral rock, limestone rock pebbles, but excluding pavement.

Trees, desired, means trees that are declared by the city to be desired species. The following trees are declared to be desired species and may be used to satisfy requirements of these land development regulations:

Trees, undesirable, means trees that are declared by the city to be undesirable species. The following trees are declared to be undesirable and shall not be used to meet the minimum requirements of this section, even if such species exist on a parcel at the time of development approval application:

(1)

Brazilian Pepper (Florida Holly).

(2)

Australian Pine.

(3)

Melalueca.

(4)

Leatherleaf.

(LDR 2002, §§ 18.02.1, 18.02.2)

The following minimum requirements shall be required for all new developments in the city. A landscape plan shall be submitted in conjunction with other development approvals (see section 126-134) that must be of sufficient detail and clarity so as to illustrate compliance with this section.

(1)

For single-family and duplex uses, a minimum of 15 percent of the building site shall be landscaped.

(2)

For multifamily uses, a minimum of 15 percent of the building site shall be landscaped. Landscaping shall be arranged to provide a screening or buffer between off-street parking areas and adjoining property and street rights-of-way. At least one tree shall be provided for each 100 square feet of required landscaped area. Said trees shall be located so as to be within or as close as practical to landscaped strips or planting areas.

(3)

For commercial uses, a minimum of ten percent of the building site shall be landscaped. Landscaping shall be arranged to provide screening or buffering between off-street parking areas and adjoining property and street rights-of-way. Further, if the commercial property is adjoining residential property, a landscaped buffer shall be provided along the property line of the commercial property that adjoins the residential property. For purposes of this requirement, property lines that abut a canal shall not be considered adjoining property.

a.

All landscaped buffers, or landscaped strips, that are intended to provide screening or buffering between off-street parking areas and adjoining property, or between a commercial use and residential use, shall be a minimum of two feet wide.

b.

In addition to the above requirements, landscaping relating to off-street parking areas shall also be provided on the basis of ten square feet for each parking space. Such landscaping shall be located within the off-street parking area or adjacent to the building, and shall consist of landscaped areas a minimum of 100 square feet in size.

For each 100 square feet of required landscaped area, at least one tree shall be provided. Said trees shall be located so as to be within or as close as practical to landscaped strips or planting areas.

(LDR 2002, § 18.02.3)

All proposed landscape plans shall be accompanied by a map indicating the location of all existing hardwood hammocks, mangroves and other desired tree species. To the extent possible, the existing vegetation will be included in the landscape plan for the project. If the proposed landscape plan for the development reduces the amount of native vegetation or desired tree species that exist on the parcel by more than 35 percent, the city council shall require the planting of native vegetation on the site or on public property in accordance with the following:

(1)

If the proposed development will have a minimum of 20 percent of its building site covered with native vegetation, then no additional planting will be required.

(2)

If existing native vegetation is reduced by more than 35 percent and the proposed development will not have 20 percent of its area covered with native vegetation, then the city council may require the planting of vegetation up to an amount that will compensate for the reduction in existing native vegetation beyond 35 percent.

(LDR 2002, § 18.02.4)

The purpose of this section and sections 126-136 to 126-140 is to protect and enhance the community's appearance and property values by requiring that real property be maintained free of trash, debris, overgrown and undesirable vegetation, junked vehicles and other safety and visual nuisances. Trash, debris, overgrown vegetation, and junked vehicles parked on public rights-of-way or visible from adjoining property are hereby declared public nuisances.

(LDR 2002, § 18.03(intro.))

(a)

This section shall apply to platted vacant lots in the R-1 and R-2 residential districts, and the "C" commercial district. It is not applicable to the conservation district. The term "vacant lot" shall mean a parcel of land on which no habitable structure exists and on which no permitted construction activity is taking place.

(b)

It shall be the duty of the owner of any vacant lot in the city to keep it in such condition that it can be easily mowed with standard mowing equipment. It shall be unlawful to place, permit to be placed or allow to remain on any vacant lot any obstruction or impediment to the use of mowing equipment thereon, or any substance or items likely to damage mowing equipment or injure the operators of such equipment.

(c)

All vacant lots in the city abutting public rights-of-way shall be required to be kept in a well-landscaped or mown condition, with a maximum permitted height for weeds and grass of eight inches.

(d)

No native plants shall be destroyed.

(LDR 2002, § 18.03.1)

(a)

This section shall apply to any parcel of land in all zoning districts of the city having an improvement. Improvements shall include any structure for habitation or occupancy.

(b)

It shall be the duty of the owner of any improved parcel in the city to keep it in such condition that it does not create an eyesore or nuisance, with a maximum permitted height for weeds and grass of eight inches.

(c)

The provisions of this section may be enforced by the city in any manner provided by law and through the city's code enforcement board.

(LDR 2002, § 18.03.2)

(a)

Applicability. This section shall apply to all parcels of land in the city and to public rights-of-way.

(b)

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:

Abandoned vehicle means a vehicle which is left exposed to the elements and whose owner cannot be located with reasonable inquiry.

Junked vehicle means a vehicle which is in a wrecked, deteriorated or dismantled condition and incapable of lawful operation on the public roadways or waterways.

Trash and debris shall include yard and household trash such as but not limited to tree limbs and other cut or dead vegetation, household appliances or parts thereof, construction debris, and household or yard items not in a usable condition.

Vehicle means any device by which any person or property is or may be transported or drawn upon a highway or upon water, including, but not limited to, a motor vehicle, mobile home, trailer, camper, boat or boat trailer.

(c)

Storage restrictions. Trash, debris, junked vehicles, or abandoned vehicles shall not be allowed to be placed or stored for more than 72 hours where it is visible from an adjacent parcel of land or public right-of-way, including canals, or placed or stored on any public right-of-way. Notwithstanding the above, a business licensed in the "C" commercial district for auto repairs may keep or store a junked vehicle for a maximum of 30 days, except that said vehicle may be kept longer if a diligent effort is being made the owner of the property and/or owner of the business to dispose of the vehicle in accordance with state law. Further, such vehicles shall only be parked in side or rear yard areas. Notwithstanding the above, junked or abandoned vehicles shall not be allowed to remain on any public right-of-way for more than 24 hours. Further, trash or debris shall not be placed or allowed to remain in any canal.

(d)

Unlawful deposit in canal or water body. No person shall place, or cause to be placed, any trash or debris in any canal or water body within the corporate limits of the city. This does not include, however, the natural release of leaves, small branches, twigs and the like from shoreline vegetation.

(LDR 2002, § 18.03.3)

Any vegetation or tree which overhangs any sidewalk, street, canal, or other public place in such a way as to impede or interfere with traffic or travel on such sidewalk, street, canal or other public place, or which creates a danger to traffic by impeding or obstructing the view at intersections, canal bends, and the like, is hereby declared a nuisance and is prohibited. However, in the event a violation of this section is found to exist involving overgrown mangroves or other regulated species, any violation notice sent in accordance with section 126-140 shall contain the words:

"The removal or trimming of mangroves and other regulated species must be done in accordance with state laws."

(LDR 2002, § 18.03.4)

(a)

The city code enforcement official shall, as often as may be necessary, inspect lands within the city to discover violations of these land development regulations. If it is determined that a nuisance exists in accordance with this section on any land, excepting junked vehicles on public rights-of-way, and unlicensed vehicles on private property, he shall forthwith notify the owner, as indicated in the public records of the county property appraiser's office, of such nuisance and direct him to abate the nuisance within ten days of the date of such notice. The notice shall be sent by certified mail, and shall be considered effective upon execution of a return receipt indicating that such notice has been accepted or refused at such person's address or by posting a copy of such notice on the property determined to be such a nuisance and by publishing the notice one time in a newspaper of general circulation in the city.

(b)

Unless within such ten-day period the owner shall abate the nuisance or file a written appeal to the city council through the office of city clerk, the mayor or the mayor's designated representative shall cause the nuisance to be abated by the city's employees, agents or contractors, who shall be authorized to enter upon the property and take such steps as are reasonably required to effect abatement. Thereafter, the mayor or the mayor's designated representative shall report the cost of abatement to the city council and the city council shall by resolution provide that the cost of abatement, including any applicable administrative fees, is a lien against the property on which the nuisance was abated of equal dignity with taxes for the year in which such expenditure was incurred. The resolution shall describe the land on which the nuisance was abated, show the cost of abatement, and specify the administrative fee. The date of adoption of the resolution shall be the date of levy of the assessment. Assessments shall be due on the date of levy and shall become delinquent 30 days thereafter.

(c)

In the event the city council denies the property owner's appeal, the property owner shall have a ten-day period to abate the nuisance from the date of such denial. If the nuisance is not abated, then the code enforcement official or his designated representative shall cause the nuisance to be abated and take such other actions as necessary described in subsection (b) of this section.

(d)

In the case of junked vehicles located on public rights-of-way, the code enforcement official shall place a notice on the windshield or other conspicuous location of the vehicle. The notice shall state that the vehicle must be removed from the right-of-way within 24 hours, and the notice shall contain the time and date when the 24-hour period expires. In the event the vehicle is not removed, the code enforcement official may cause the vehicle to be moved with the billing covering the cost of removal sent to the owner of record. However, if a junked vehicle is impeding or obstructing traffic or causing a safety hazard, the code enforcement official may cause the vehicle to be removed immediately.

(e)

Nothing in this section shall prevent the code enforcement board from taking action on violations of this section in accordance with Ord. No. 90-11-01.

(f)

Notwithstanding the above, the city may undertake abatement of nuisances without notice to the property owner if a tropical depression, storm, or hurricane watch or warning has been issued for the middle Florida Keys and if such nuisance presents a potential hazard in the event a storm strikes the area.

(LDR 2002, § 18.03.5)

(a)

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

Person also includes the terms corporation, association, public agency, or property owner, or employee, contractor, or agent thereof.

Undeveloped parcel means a lot or parcel that does not contain a habitable structure.

(b)

Objectives. The objectives of this section are to:

(1)

Promote the removal of undesirable exotic plant species and prohibit new plantings;

(2)

Limit the use of irrigation water in open space areas by promoting the preservation of existing native plant communities;

(3)

Limit the removal of native vegetation to the development area in advance of and in conjunction with the approval of land development plans; and

(4)

Prohibit the removal or destruction of existing native vegetation and threatened and endangered plant species on parcels when no comparable vegetation plan has been prepared for the site.

(LDR 2002, § 18.04.1)

(a)

Undesirable exotic plant species are hereby declared a nuisance due to their ability to disrupt native plant communities and species, rapidly proliferate, and their consumption of water resources. All exotic species listed as "category 1" by the state exotic pest plant council (EPPC) shall be considered "undesirable" by the city. Undesirable exotic plant species include:

(b)

The planting of undesirable exotic plant species is hereby prohibited throughout the boundaries of the city.

(c)

All undesirable exotic plant species shall be removed from all parcels of land in the "SF" and "MF" residential districts, and the "C" commercial district by January 1, 1997, except that the city council may grant an extension of up to one year. Further, any development occurring on a vacant parcel shall include a plan to remove all undesirable exotic plant species from the parcel. A certificate of occupancy will not be issued until all undesirable exotic plant species are removed.

(LDR 2002, § 18.04.2)

(a)

Unless otherwise provided in this section, no person, except for the city, shall effectively destroy, alter, or remove any desirable native vegetation as defined in subsection (c) of this section from any parcel within the city without first obtaining a permit from the city.

(b)

As used in this section, the term "substantially alter" shall mean the removal of one-half or more of a tree's canopy or branches, or the alteration of one-third or more of a plant community.

(c)

Desirable native vegetation shall include:

(LDR 2002,§ 18.04.3)

(a)

Proposed development requesting a separate building permit or development approval. The following is the application and approval procedure for a vegetation removal permit within a proposed development for which a separate building permit or other development approval is being sought:

(1)

Applicability. As a condition to the filing of any application for development approval, the applicant shall make an application for a vegetation removal permit on a form prescribed by the city. The applicant, as demonstrated by the application, shall take all steps reasonably necessary to preserve existing native species, especially those species listed as threatened or endangered, and to incorporate existing native species into the design of the development, and to guarantee the removal of all undesirable species.

(2)

Application requirements. The application shall be accompanied by a generalized vegetation inventory which shall consist of the following:

a.

Vegetation inventory; location and extent of vegetation upon site. An inventory showing the location and extent of vegetation upon the site. In the area shown as "planned development" on the comprehensive plan, the inventory shall be in the form of an aerial or documented field survey, and shall be accompanied by photographs showing areas of vegetation. In all other areas, the inventory may consist of hand drawn sketches accompanied by photographs of existing site conditions. The vegetation inventory shall be prepared at the same scale as the site development plan or some other manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements.

b.

Written assessment and evaluation. The inventory shall be accompanied by a written vegetation assessment. The assessment shall include an evaluation of character, quantity and quality of plants and plant communities, and such other physical characteristics and factors which might affect their preservation. For projects in the "planned development" area in the comprehensive plan, the assessment shall be prepared by a person knowledgeable in the identification and evaluation of vegetative and wildlife resources such as a forester, biologist, ecologist, horticulturist, licensed landscape architect or certified nurseryman.

c.

Reasonable additional information. The building official or other appropriate official may require that the application include additional information which is reasonable and necessary for adequate administration of this section.

(3)

Review of applications.

a.

Lots with minimal vegetation disruption. Where the city building or planning official has verified that no substantial alteration will occur, or no desirable plant removal is involved in a proposed project, an approval certificate shall be issued by such official forthwith.

b.

Issuance for lots with substantial alteration or removal. A recommendation to grant or deny the application, with or without conditions, shall be submitted to the city council by the building or planning official within ten working days from receipt of a complete application. Action by the city council shall be made once it is determined that all reasonable efforts have been undertaken in the layout and design of the proposed project to preserve existing native vegetation. Relocation or replacement of desirable native vegetation may be a condition for approval of an application. All native species with a diameter at breast height (DBH) greater than four inches shall be relocated onsite. If this is not feasible, as decided by the building or planning official, then the trees must be replaced on a 2:1 ratio. The replacement trees shall be of the same species as removed and comparable in size (unless commercially unavailable) and planted on the development site unless there is no suitable planting area available. If there is no suitable planting area available onsite, then the applicant may enter into an agreement with public or private nonprofit landowners in order to donate the replacement trees for restoration, reforestation or preservation purposes only. The applicant shall pay the owner of the receiver site an amount equivalent to a 3:1 replacement ratio. All replacement trees shall be planted (or funds donated) prior to issuance of the certificate of occupancy. In the event the application is submitted for a building permit, then the council shall make a finding within 60 days from receiving a recommendation from the building or planning official, except that the applicant may request extensions not to exceed a total of 90 days. All other applications shall be considered in the same manner as its accompanying development approval.

(4)

Time limitation. A vegetation removal approval granted hereunder shall be subject to the same time limitation rules as are applicable to its accompanying building permit or other development permit.

(5)

Appeal of building or planning official decision. An applicant may appeal the decision of the building or planning official to the city council. Such appeal shall be submitted in writing to the city clerk, and shall state the basis for the appeal. The council shall decide on the appeal within 60 days of its submittal, and shall use the same criteria set forth in subsection (a)(3) of this section.

(b)

Property unrelated to a building permit or development approval. Application and approval procedure for a vegetation removal permit for property unrelated to a building permit or other development approval shall only be issued for exotic plant removal.

(c)

Exemption. Notwithstanding the above, however, the building or planning official may approve an application containing substantial alteration without the need for city council approval where a tree, due to natural circumstances, is no longer viable, is in danger of falling, is too close to existing structures so as to endanger structures, interferes with utility services, creates unsafe vision clearance or constitutes a health hazard, or overhangs an adjoining lot, right-of-way or canal.

(LDR 2002, §§ 18.04.3.4—18.04.3.6)

(a)

In the event that replacement or relocation is required as a condition of approval pursuant to this section, the city council may allow such replacement or relocation to be placed on publicly owned property.

(b)

In the event a person is found to be in violation of this section, as an alternative to enforcement action, or as supplemental enforcement action as contained elsewhere in these land development regulations, mitigation at a ratio of no less than 1:1 may be allowed. At the discretion of the city council, the mitigation can occur on the violator's property or on public property.

(LDR 2002, § 18.04.4)

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

Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves which includes, but is not limited, to telephonic, radio, or television communications. Types of antennas include, but are not limited to, omnidirectional (whip) antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) antennas.

Antenna supporting structure means a vertical projection composed of metal, wood, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna supporting structures may be either guyed, self supporting (lattice), monopoles, or in some other configuration. Any device which is used to attach antennas to an existing building shall be excluded from the definition of, and regulations applicable to, antenna supporting structures.

Attached wireless communication facility means an antenna (including dish antennas) that is attached to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either inside or outside of the existing building.

Collocation means a situation in which two or more different wireless communication service providers place wireless communication antenna or antennas on a common antenna supporting structure. The term "collocation" shall not be applied to a situation where two or more wireless communication service providers independently place equipment on an existing building.

Equipment enclosure means any structure above the base flood elevation including cabinets, shelters (prefabricated or otherwise), pedestals, and other similar structures. Equipment enclosures are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communications signals, not for the storage of equipment nor as habitable space.

Guyed means a style of antenna supporting structure consisting of a single trussed assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires which are connected to anchors placed in the ground or on a building. These structures can be mounted to a foundation which rests on or in the ground or on a building's roof.

Monopole means a style of freestanding antenna supporting structure which is composed of a single shaft usually composed of two or more hollow sections which are in turn attached to a foundation. This type of antenna supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation which rests on or in the ground or on a building's roof.

Public antenna supporting structure means an antenna supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or receipt of wireless communications signals associated with, but not limited to, public education, parks and recreation, fire and police protection, public works, and general government.

Replacement means the construction of a new antenna supporting structure built to replace an existing antenna supporting structure. A replacement antenna supporting structure may be of greater, equal, or lesser height than the antenna supporting structure it is replacing, and is usually located on its own individual foundation. Reconstruction for the purposes of repair to an existing legally conforming antenna supporting structure which has been damaged through no act of the structure owner, his tenants or assigns shall not be considered replacement provided there is no increase in height.

Satellite earth station means a single or group of satellite parabolic (or dish) antennas, with one or more having a diameter greater than 30 inches. These dishes are mounted to a supporting device which may be a police or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may or may not include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.

Self supporting means a style of freestanding antenna supporting structure which consists of an inverted truss assembly or other assembly designed to support itself without the use of guy wires or other stabilization devices. These structures are typically composed of three or four legs which rest upon individual foundations and are held together with bracing. These structures can be mounted to a foundation which rests on or in the ground or a building's roof.

Wireless communication facility (WCF) means any unstaffed facility for the transmission and/or reception of radio frequency signals, usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and may include an antenna supporting structure. The following developments shall be considered as a wireless communication facility: developments containing new or existing antenna supporting structures, public antenna supporting structures, replacement antenna supporting structures, collocations on existing antenna supporting structures, and attached wireless communication facilities, and satellite earth stations.

Wireless communications means any wireless service as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission-licensed commercial wireless telecommunications services such as but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television broadcast services, and similar services that currently exist or may be developed in the future.

(LDR 2002, § 19.01)

(a)

Commercial, public and private wireless communication facilities may be allowed in the "C" commercial and "MF" residential districts, except that any such facility shall have a minimum distance of 110 percent of the antenna supporting structure's height from any developed lot or parcel containing a habitable structure; and:

(1)

Any new antenna supporting structure shall be set back from the rights-of-way of U.S. Highway 1 and any designated roadway within the city, a distance equal to 110 percent of the overall height of the antenna supporting structure;

(2)

New antenna supporting structures and the associated ancillary structures are not considered utilities and therefore must meet the environmental design criteria related to wetlands pursuant to the city comprehensive plan and other applicable regulations;

(3)

Any new antenna supporting structures, equipment enclosures, and ancillary structures shall meet the minimum setback requirements for the land use district where they are located pursuant to these land development regulations and the city comprehensive plan; and

(4)

Further, any such facility with an antenna supporting structure exceeding a height of 35 feet or which is located within 100 feet of an "SF" residential district shall require special exception approval. Public utility distribution systems, including electric, water, and sewer, shall be allowed in all zoning districts, except that any structures containing equipment enclosures shall require special exception approval if located in a residential district.

(b)

Prior to any new construction, the antenna supporting structure's owner shall provide a signed affidavit stating:

(1)

That there is an immediate need for a new antenna supporting structure in the proposed location;

(2)

That the height of the proposed antenna supporting structure is the minimum necessary;

(3)

That the structure is being constructed for the immediate provision of wireless communication services, which shall commence upon issuance of a final inspection by the city building department, and is not being constructed on a speculative basis; and

(4)

Why the proposed structure must be located on the proposed site.

(c)

Private amateur radio antennas or television reception antennas, and satellite earth stations shall be allowed in all zoning districts and shall be limited to a height of 35 feet. In the "SF" and "MF" residential districts, any such structure shall be located within rear or side yards.

(d)

Satellite television antennas that do not exceed 30 inches in diameter and microwave receiving antennas that do not exceed 30 inches in diameter shall be allowed in all zoning districts provided that the antenna is attached to a residential or commercial building or placed no more than 24 inches above finished grade within the side or rear yards.

(LDR 2002, § 19.02)

The antenna supporting structure's owner shall provide a signed affidavit stating that the equipment to be placed upon a new antenna supporting structure could not be accommodated on another existing or proposed antenna supporting structure.

(LDR 2002, § 19.03)

The antenna supporting structure's owner shall provide a signed collocation agreement or statement agreeing to allow the collocation of other wireless equipment on the proposed antenna supporting structure.

(LDR 2002, § 19.04)

(a)

The following developments shall be required to register as antenna supporting structures by the effective date of the ordinance from which these land development regulations are derived:

(1)

All existing antenna supporting structures in the city; and

(2)

Prior to the issuance of a certificate of occupancy, any newly constructed, replacement, or modified antenna supporting structure, including public antenna supporting structures, and/or stealth wireless communication facilities.

(b)

The following information shall be required to register an antenna supporting structure:

(1)

Proof of current public liability and property damage insurance which is continuous and uninterrupted;

(2)

FAA determination of no hazard to air navigation; and

(3)

A signed statement from a radio frequency emissions expert stating that the radio frequency emissions, as measured at ground level or closest habitable space from all sources of radio frequency radiation, comply with FCC standards for such emissions unless exempt from those regulations. In the case of collocated facilities, the statement shall consider the cumulative radio frequency emissions from all sources including antennas located elsewhere on the same subject parcel of land.

(c)

An antenna supporting structure registration shall be renewed a minimum of every three years from the initial registration.

(d)

Failure to obtain an antenna supporting structure registration shall result in the inability to obtain any subsequent building permits for development activities on the subject parcel of land where the wireless communications facility is located, and may result in a code enforcement action, including revocation of the certificate of occupancy and noncompliance penalties, or both.

(LDR 2002, § 19.05)