RESIDENTIAL SINGLE-FAMILY DWELLING RSF DISTRICTS
It is the intent and purpose of this division to establish residential single-family (RSF) district regulations to provide comprehensive standards for uses and activities on lands primarily intended for detached, single-family residences. The RSF districts are intended to be single-family residential areas of low density. The nature of the uses allowed, either by right or by conditional approval, reflect the desire to promote orderly residential development and uses that will compliment the existing built environment, and comply with underlying minimum standards, density provisions, and aesthetics. It is further intended that this division shall be liberally construed to effect such intent and purpose.
(Ord. No. 01-15, § 1, 9-17-2001)
The following uses are permitted as of right in all the residential single-family districts:
(1)
Single-family dwellings.
(2)
Family care facilities subject to the land development code.
(3)
Public parks and open space.
(Ord. No. 01-15, § 2, 9-17-2001)
The following uses are permitted as uses accessory to permitted uses in all the residential single-family districts (RSF):
(1)
Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts.
(2)
Private docks, subject to chapter 54, article IV.
(3)
Home occupations, subject to chapter 30, article III.
(4)
Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development.
(Ord. No. 01-15, § 3, 9-17-2001)
The following uses are permissible as conditional uses in all the residential single-family residential districts (RSF), subject to the standards and procedures established in the LDC:
(1)
Churches and houses of worship.
(2)
Schools, public and private.
(3)
Guesthouses.
a.
Underlying lot(s) must total one acre (43,560 square feet) or more. The living area of a guesthouse shall not be larger than 40 percent of the air-conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas and the like) of the principal dwelling.
b.
A guesthouse shall not be used for commercial purposes, including leasing or renting. Similarly, if a main residence is leased rented, a guesthouse may not be occupied by the property owner.
(4)
Childcare centers and adult day care centers.
(5)
Group care facilities (category I and II) as defined in the land development code.
(6)
Nautical garages which meets the following requirements:
a.
The nautical garage shall consist of a single cut-in boat slip;
b.
The nautical garage and cut-in boat slip does not extend into the side yard and front yard setbacks established for residential single-family waterfront homes pursuant to section 30-85(a) of this Code. Seawalls constructed within the above referenced side yard setback will not have any structure, including deadmen and tiebacks below grade or within six foot platted utility easements;
c.
The nautical garage is located beneath the primary structure of the principal residence. Notwithstanding anything contained in this Code to the contrary, no portion of the nautical garage structure shall be within the residential single-family principal structure rear yard setback dimensional standard set forth in section 30-85(a), however the cut-in boat slip may be within the rear yard setback;
d.
The nautical garage and cut-in boat slip complies with all federal and state requirements and permits, including, but not limited to the requirements and permits of the state department of environmental protection and the U.S. Army Corps of Engineers; provided, that required federal and state permits need not be obtained prior to issuance of the conditional use but must be obtained before commencement of development of the nautical garage and boat slip cut-in, as required by state law;
e.
A flushing analysis, utilizing generally accepted hydrodynamic models, of the potential impact of the nautical garage and cut-in boat slip has been performed pursuant to the guidelines of the state department of environmental protection (FDEP), requirements of the state statutes, and a water quality certification under the Clean Water Act, 33 U.S.C. 1341, has been obtained. The flushing analysis shall demonstrate that flushing of the boat slip cut-in or boat basin meets FDEP standards and, requirements of Florida Statutes and the Clean Water Act;
f.
The nautical garage and cut-in boat slip meets the requirements of section 30-64(3) of this Code, with section 30-64(3)b., to also include navigable ingress and egress from the adjacent waterway(s) and section 30-64(3)d. to include the number of, proximity to and location of the proposed nautical garage and cut-in boat slip to other docking facilities, including other nautical garages and their net impact on the adjacent canals and waterways. All other attributes of the property, relating to compatibility with adjacent properties and waterways, shall be considered including but not limited to the size of facility, massing, bulk, engineering of the seawall to assure stability; and
g.
The construction of a nautical garage prohibits the property owner's ability to construct any additional boat lifts, docks, or boat docking facilities with the exception of a marginal dock. In the case of property with a nautical garage and a cut-in boat slip, a lift shall not be permitted as part of a marginal dock. All boats docked in the cut-in slip shall be moored totally within the nautical garage.
(Ord. No. 01-15, § 4, 9-17-2001; Ord. No. 17-02, § 3, 8-7-2017; Ord. No. 18-09, § 3, 5-21-2018; Ord. No. 24-17, § 2, 11-4-2024)
(a)
Generally. The following dimensional standards and regulations shall apply as presented to all permitted uses within the various residential single-family (RSF) districts.
* Ten-foot minimum setback from seawall.
(b)
Accessory structure setbacks.
(1)
Accessory structures must be constructed simultaneously with or following the construction of the principal structure.
(2)
Freestanding utility storage structures of any type or material are prohibited.
(3)
Utility storage structures (sheds) shall be physically attached to, and architecturally integrated into the principal structure. Such attachment may be located below the base flood elevation if devoted solely to storage use.
(c)
Maximum height.
(1)
Principal structures: Thirty-five feet as measured from required base flood elevation, or applicable measurement point, to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
(2)
Accessory structures: Twenty feet as measured from existing ground elevation on average of the subject parcel except for attached screen enclosures which may equal the maximum height permitted for the principal structure.
(3)
The height limitations do not apply to spires, belfries, cupolas, approved communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level. Human occupancy, even casual use, is prohibited except for routine maintenance.
(Ord. No. 01-15, § 5, 9-17-2001; Ord. No. 18-09, § 4, 5-21-2018; Ord. No. 19-08, § 3, 3-18-2019)
(a)
Deed restrictions. Significant portions of the city are subject to recorded deed restrictions. As the city is not responsible for enforcement of private deed restrictions, it is incumbent upon individuals to know what private restrictions may apply to their property.
(b)
Exceptions to required yards. Exceptions to required yards are set forth in section 30-1004(a).
(c)
Boat docking facilities. Pursuant to chapter 54, article IV.
(d)
Kitchens in dwelling units. A dwelling unit may have a second kitchen provided all rooms in the dwelling unit are, and remain, internally accessible.
(e)
Utility structures.
(1)
Utility storage structures (sheds) shall be physically attached to, and architecturally integrated into the principal structure.
(2)
Such attachment may be located below the base flood elevation if devoted solely to storage use.
(3)
No freestanding utility shed of any type or material shall be permitted.
(f)
Home occupations. Pursuant to chapter 30, article III.
(g)
Parking.
(1)
All new single-family dwelling units shall provide at least two stabilized off-street parking spaces, inclusive of garage area. All other permitted and conditional uses shall meet the parking requirements contained in the land development code.
(2)
Vehicles shall be parked on the property on surfaces specified in section 30-483.
(h)
Recreational vehicle parking. The parking of recreational vehicles is prohibited except as follows:
(1)
When vehicle is parked within the confines of a fully enclosed structure such that it cannot be seen from any abutting property or public right-of-way.
(2)
When parked in the open on the driveway of the property for a period of time not to exceed 24 hours to allow for loading and unloading.
(3)
Upon receipt of a permit from the code enforcement division provided that:
a.
Parking shall not exceed seven days for the purpose of loading, unloading, minor repairs, and cleaning prior to or after a trip.
b.
The permit shall be affixed to the vehicle in a conspicuous place.
c.
Prior to the expiration of the seven-day permit, a second seven-day permit may be issued upon a finding by the code enforcement division that the permittee has complied with permit conditions.
d.
A maximum of four permits, or 28 total days, may be granted in any single calendar year.
e.
In no event shall recreational vehicles be used for living or sleeping purposes.
(i)
Boat and boat trailer parking.
(1)
The parking of a boat and boat trailers is prohibited except as follows:
a.
When boat or boat trailer is parked within the confines of a fully enclosed structure such that it cannot be seen from any abutting property, public way, or waterway.
b.
On a temporary basis, not to exceed eight hours, for the purpose of loading, unloading, and cleaning.
c.
When moored, berthed, or stored on an approved boat docking facility.
(2)
The display of a boat for sale is prohibited.
(j)
Commercial vehicle parking. Pursuant to the land development code.
(k)
Outdoor lighting (including docking facilities). Pursuant to city outdoor lighting standards.
(l)
Garage and yard sales. Garage and yard sales are prohibited except as follows:
(1)
Upon the issuance of a permit. A two-day permit may be issued for a garage sale, lawn sale, or similar private home sales every 12 months.
a.
The permitted garage/yard sale shall be valid for no more than two days.
b.
The permit shall authorize the use of a temporary sign located on the permitted property. No signage shall be placed off-site or upon the public right-of-way.
(2)
Items offered for sale shall be generally recognized as household goods and wares. Pre-packaged, bulk items, vehicles, construction materials (i.e., doors, windows, fixtures) shall not be displayed or offered for sale.
(m)
Vehicle sales. The display of vehicles for sale is prohibited except as follows:
(1)
Upon the issuance of a permit. A permit may be issued for vehicle sales as follows:
a.
One permit per calendar year for private vehicle sales.
b.
The permit shall be for a maximum of 14 days.
c.
Any vehicle offered for sale shall have a valid license plate and be parked on the driveway or an impervious surface intended for vehicle parking, with the permit clearly affixed in the window of the vehicle.
d.
One "for sale" sign shall be allowed, affixed to the window of the vehicle.
e.
Permits shall only be issued to the title-holder of the vehicle who shall either be the owner of the subject property, or able to produce an affidavit of permission from the property owner.
f.
No vehicle for sale shall be parked on a vacant residential lot or in the public right-of-way.
g.
No more than one vehicle at a time may be offered for sale.
(n)
Signage standards. Pursuant to land development code.
(o)
Fences and walls.
(1)
Height.
a.
Fences or privacy walls placed within required yards shall be limited to six feet in height except that no fence placed between the front building line and the front property line of lots or parcels less than 1.25 acres in size shall be greater than four feet in height.
b.
Fences or walls placed within the required rear yard of waterfront lots one acre or less in size shall be limited to four feet in height.
c.
Corner lots shall maintain fences or walls at three feet within sight triangle areas, as shall fences or walls abutting points of vehicular ingress/egress from residential lots.
d.
Up to four six-foot entry posts may be incorporated as part of an approved fence in the front yard(s).
(2)
Materials.
a.
Fences and walls shall be constructed of conventional building materials such as, but not limited to concrete block, brick, wood, decorative iron or steel.
b.
Coated chain-link fencing shall only be allowed in side yards beyond the front yard setback, and in rear yards.
c.
Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way.
(p)
Flagpoles.
(1)
One flagpole is permitted and shall not exceed 25 feet in height above finished grade.
(2)
A flagpole over 15 feet in height shall require a building permit prior to installation.
(3)
Up to three noncommercial flags may be flown from an approved flagpole.
(q)
Satellite dishes; antennae; towers.
(1)
One satellite dish having a diameter of 36 inches or less shall be allowed without a permit if the dish is attached to the side or rear of the principal structure and within allowed protrusion limits.
(2)
Satellite dishes over 36 inches in diameter, antennae(s) or other signal receiving or transmitting equipment to be located on a single family lot must be reviewed and permitted by the city.
(3)
The installation of antennae(s) or other signal receiving/transmitting equipment that creates electrical interference or is deemed to be out of scale or character of the neighborhood is prohibited unless a compelling public purpose can be established by the applicant, and acknowledged by the city.
(4)
The maximum permitted height for antennae attached to a residential structure is 40 feet, 35 feet for approved, freestanding towers.
(5)
The maximum permitted height for approved freestanding towers is 35 feet.
(6)
Additional height may be requested under the variance provisions contained in the LDC.
(7)
All existing satellite dishes located on a single-family lot with a diameter of 36 inches or greater shall be removed by December 31, 2003.
(r)
Children's play equipment.
(1)
Children's play equipment (swings, slides, etc.) shall be allowed in side and rear yards.
(2)
Equipment that is attached to the ground shall be setback a minimum of 7.5 feet from any side or rear property line.
(3)
No owner shall allow such play equipment to become dilapidated, deteriorated, structurally unsound, unsightly or a safety hazard.
(Ord. No. 01-15, § 6, 9-17-2001; Ord. No. 10-04, § 2.3., 4-19-2010; Ord. No. 10-08, § 2.5., 8-16-2010; Ord. No. 18-09, § 5, 5-21-2018)
(a)
Minimum landscaping shall be provided pursuant to the land development code.
(b)
Areas adjacent to the subject residential lot located within the public right-of-way are subject to conditions contained in the city right-of-way ordinance.
(Ord. No. 01-15, § 7, 9-17-2001)
Recommended design guidelines have been established to help owners, architects, landscape architects, and builders to become active participants in the development of the community, by encouraging design quality, and by promoting architectural and site design elements that complement and enhance the surrounding built environment. The city shall review and approve all applicable projects for consistency with the following minimum standards. However, in any event, the city may return building plans for revisions where in the city's judgment, the massing, architectural style, roofline, or other features, or site elements are inconsistent with the intent and purpose of these guidelines.
An appeal may be brought within 30 days from rendition by the department to the city planning board for recommendation to city council for those cases that cannot be resolved at staff level. Staff shall describe the areas of concern, inconsistencies, and/or departure(s) from this article.
Fees for this appeal process are outlined in the city fees schedule for the appeal of administrate decision.
(1)
Roofs, general.
a.
Roof design plays an important role in breaking down the massing of a large residence. By utilizing different roof volumes that correspond with the interior rooms, a larger building is visually broken down into smaller elements.
b.
To avoid massing, roofs shall provide one of the following:
1.
Changes in roof pitch or roof plane.
2.
Roof pitch of greater than 4:12.
3.
A mixture of roof types (i.e., gables and hips).
(2)
Roof composition and detail elements. The introduction of composition elements such as dormers, cupolas, and other ornamentation is encouraged to customize the mass of individual homes. Generous overhangs, built-up fascia and the use of cornice trim under the soffits adds an additional level of detail to distinguish homes. Building plans shall demonstrate desired roof composition and detail elements, but are not required for building plan approval.
(3)
Walls, general.
a.
The scale relationship of each building component should relate to the overall massing of the structure.
b.
Changes in the mass are required on the street side facade of the structure, and encouraged, but not required, on two or more sides of the structure.
(4)
Windows and doors.
a.
Windows are one of the major components of the structure and provide definition and the architecture of the residence.
1.
New structures shall provide architectural detailing, banding or other trim detail at windows along the front facade.
2.
Feature windows, additional banding/trim on other windows, and operable shutters scaled to match the window size are encouraged, but not required for building plan approval.
b.
The entrance to the home shall be one of the most prominent elements of the facade.
1.
Sidelight windows, decorative glass, and transoms add visual interest to the door, and are encouraged, but not required for building plan approval.
(5)
Garages.
a.
To further emphasize the subordinate role of the garage area to the total structural mass, one of the following shall be required:
1.
The width of the garage door(s) shall not exceed 45 percent of the front facing facade. The measurement of the 45 percent shall be based on the distance, in linear feet, of the front facing facade;
2.
The garage shall be a side-loading garage;
3.
The garage shall be setback or set forward a minimum of two feet behind or in front of the plane of the front facade; or
b.
To further enhance street appeal, windows on the garage wall facing the street and extra thick (16-inch) walls at the garage opening are encouraged, but not required for building plan approval.
c.
Garages for recreational vehicles shall be granted by conditional use in the RSF zoning district. Garage door height and width shall be determined as part of the conditional use process.
(6)
Porches, verandahs, loggias, and balconies.
a.
These elements are highly encouraged, but not required, and should be designed to take advantage of prevailing breezes, create shade, break down the mass of the structure, and extend indoor living to the outside.
b.
Elements such as columns with five-inch+ diameters, balconies with decorative support brackets, and porches/loggias/verandahs greater than five feet deep by eight feet in length are encouraged, but not required for building plan approval.
(7)
Stilt home requirements.
a.
Additional landscaping shall be provided for stilt home structures that have unenclosed space on any front or side yard.
b.
The portion of the stilt home not enclosed, excluding the driveway entrance, shall provide vegetative screening at a height of four feet at installation, and shall be maintained at a minimum height of six feet.
c.
Painted lattice can be utilized to support and enhance the vegetative screening.
(8)
Driveways.
a.
Vehicle access facilities shall be constructed as described in section 30-483.
b.
Vehicle access facilities shall have a minimum setback of 7.5 feet from any property line for front-loading garages or five feet for side-loading garages. The setback is required to facilitate the installation and maintenance of landscape materials.
(9)
Site drainage. Site plans shall contain sufficient detail and information to allow for a review of proposed on-site drainage management.
(10)
Erosion control.
a.
Site plans shall contain sufficient detail and information to allow for a review of proposed on-site erosion control.
b.
Appropriate erosion control devices, including property adjacent to seawalls, shall be installed prior to the initiation of construction, and shall be maintained throughout completion of the project.
c.
Failure to maintain approved erosion control devices shall result in prompt code enforcement action and the suspension of on-site inspections until rectified.
(11)
Unusual site topography.
a.
On any lot where the average pre-development grade is greater than 18 inches above or 18 inches below the average crown of the adjacent road, the applicant shall incorporate the abutting right-of-way area into the site plans submitted for review.
b.
The site plan shall contain sufficient detail of existing and proposed conditions within the abutting right-of-way area to facilitate review of proposed driveways, sidewalks, erosion control, utilities, and other improvements such as stormwater management.
(Ord. No. 01-15, § 8, 9-17-2001; Ord. No. 10-04, § 2.4., 4-19-2010; Ord. No. 16-01, § 2, 1-19-2016; Ord. No. 18-09, § 6, 5-21-2018; Ord. No. 24-17, § 3, 11-4-2024)
(a)
Pursuant to F.S. § 162.22, a person found to be in violation of this division may be charged with a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment, not to exceed 60 days. Each violation or noncompliance shall be considered a separate and district offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
(b)
Violation of this division may also be prosecuted before the city code enforcement board.
(Ord. No. 01-15, § 10, 9-17-2001)
Editor's note— Section 30-90 of the City Code has been nullified by operation of law as a result of being preempted by Chapter 2023-304 Laws of Florida. Accordingly, the City Code Section is null and void and is not enforced by the City. Res. No. 23-54, § 2, adopted Oct. 2, 2024, repealed § 30-90, which pertained to rental registration program and derived from Ord. No. 22-08, § 2, adopted Dec. 5, 2022.
RESIDENTIAL SINGLE-FAMILY DWELLING RSF DISTRICTS
It is the intent and purpose of this division to establish residential single-family (RSF) district regulations to provide comprehensive standards for uses and activities on lands primarily intended for detached, single-family residences. The RSF districts are intended to be single-family residential areas of low density. The nature of the uses allowed, either by right or by conditional approval, reflect the desire to promote orderly residential development and uses that will compliment the existing built environment, and comply with underlying minimum standards, density provisions, and aesthetics. It is further intended that this division shall be liberally construed to effect such intent and purpose.
(Ord. No. 01-15, § 1, 9-17-2001)
The following uses are permitted as of right in all the residential single-family districts:
(1)
Single-family dwellings.
(2)
Family care facilities subject to the land development code.
(3)
Public parks and open space.
(Ord. No. 01-15, § 2, 9-17-2001)
The following uses are permitted as uses accessory to permitted uses in all the residential single-family districts (RSF):
(1)
Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts.
(2)
Private docks, subject to chapter 54, article IV.
(3)
Home occupations, subject to chapter 30, article III.
(4)
Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development.
(Ord. No. 01-15, § 3, 9-17-2001)
The following uses are permissible as conditional uses in all the residential single-family residential districts (RSF), subject to the standards and procedures established in the LDC:
(1)
Churches and houses of worship.
(2)
Schools, public and private.
(3)
Guesthouses.
a.
Underlying lot(s) must total one acre (43,560 square feet) or more. The living area of a guesthouse shall not be larger than 40 percent of the air-conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas and the like) of the principal dwelling.
b.
A guesthouse shall not be used for commercial purposes, including leasing or renting. Similarly, if a main residence is leased rented, a guesthouse may not be occupied by the property owner.
(4)
Childcare centers and adult day care centers.
(5)
Group care facilities (category I and II) as defined in the land development code.
(6)
Nautical garages which meets the following requirements:
a.
The nautical garage shall consist of a single cut-in boat slip;
b.
The nautical garage and cut-in boat slip does not extend into the side yard and front yard setbacks established for residential single-family waterfront homes pursuant to section 30-85(a) of this Code. Seawalls constructed within the above referenced side yard setback will not have any structure, including deadmen and tiebacks below grade or within six foot platted utility easements;
c.
The nautical garage is located beneath the primary structure of the principal residence. Notwithstanding anything contained in this Code to the contrary, no portion of the nautical garage structure shall be within the residential single-family principal structure rear yard setback dimensional standard set forth in section 30-85(a), however the cut-in boat slip may be within the rear yard setback;
d.
The nautical garage and cut-in boat slip complies with all federal and state requirements and permits, including, but not limited to the requirements and permits of the state department of environmental protection and the U.S. Army Corps of Engineers; provided, that required federal and state permits need not be obtained prior to issuance of the conditional use but must be obtained before commencement of development of the nautical garage and boat slip cut-in, as required by state law;
e.
A flushing analysis, utilizing generally accepted hydrodynamic models, of the potential impact of the nautical garage and cut-in boat slip has been performed pursuant to the guidelines of the state department of environmental protection (FDEP), requirements of the state statutes, and a water quality certification under the Clean Water Act, 33 U.S.C. 1341, has been obtained. The flushing analysis shall demonstrate that flushing of the boat slip cut-in or boat basin meets FDEP standards and, requirements of Florida Statutes and the Clean Water Act;
f.
The nautical garage and cut-in boat slip meets the requirements of section 30-64(3) of this Code, with section 30-64(3)b., to also include navigable ingress and egress from the adjacent waterway(s) and section 30-64(3)d. to include the number of, proximity to and location of the proposed nautical garage and cut-in boat slip to other docking facilities, including other nautical garages and their net impact on the adjacent canals and waterways. All other attributes of the property, relating to compatibility with adjacent properties and waterways, shall be considered including but not limited to the size of facility, massing, bulk, engineering of the seawall to assure stability; and
g.
The construction of a nautical garage prohibits the property owner's ability to construct any additional boat lifts, docks, or boat docking facilities with the exception of a marginal dock. In the case of property with a nautical garage and a cut-in boat slip, a lift shall not be permitted as part of a marginal dock. All boats docked in the cut-in slip shall be moored totally within the nautical garage.
(Ord. No. 01-15, § 4, 9-17-2001; Ord. No. 17-02, § 3, 8-7-2017; Ord. No. 18-09, § 3, 5-21-2018; Ord. No. 24-17, § 2, 11-4-2024)
(a)
Generally. The following dimensional standards and regulations shall apply as presented to all permitted uses within the various residential single-family (RSF) districts.
* Ten-foot minimum setback from seawall.
(b)
Accessory structure setbacks.
(1)
Accessory structures must be constructed simultaneously with or following the construction of the principal structure.
(2)
Freestanding utility storage structures of any type or material are prohibited.
(3)
Utility storage structures (sheds) shall be physically attached to, and architecturally integrated into the principal structure. Such attachment may be located below the base flood elevation if devoted solely to storage use.
(c)
Maximum height.
(1)
Principal structures: Thirty-five feet as measured from required base flood elevation, or applicable measurement point, to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
(2)
Accessory structures: Twenty feet as measured from existing ground elevation on average of the subject parcel except for attached screen enclosures which may equal the maximum height permitted for the principal structure.
(3)
The height limitations do not apply to spires, belfries, cupolas, approved communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level. Human occupancy, even casual use, is prohibited except for routine maintenance.
(Ord. No. 01-15, § 5, 9-17-2001; Ord. No. 18-09, § 4, 5-21-2018; Ord. No. 19-08, § 3, 3-18-2019)
(a)
Deed restrictions. Significant portions of the city are subject to recorded deed restrictions. As the city is not responsible for enforcement of private deed restrictions, it is incumbent upon individuals to know what private restrictions may apply to their property.
(b)
Exceptions to required yards. Exceptions to required yards are set forth in section 30-1004(a).
(c)
Boat docking facilities. Pursuant to chapter 54, article IV.
(d)
Kitchens in dwelling units. A dwelling unit may have a second kitchen provided all rooms in the dwelling unit are, and remain, internally accessible.
(e)
Utility structures.
(1)
Utility storage structures (sheds) shall be physically attached to, and architecturally integrated into the principal structure.
(2)
Such attachment may be located below the base flood elevation if devoted solely to storage use.
(3)
No freestanding utility shed of any type or material shall be permitted.
(f)
Home occupations. Pursuant to chapter 30, article III.
(g)
Parking.
(1)
All new single-family dwelling units shall provide at least two stabilized off-street parking spaces, inclusive of garage area. All other permitted and conditional uses shall meet the parking requirements contained in the land development code.
(2)
Vehicles shall be parked on the property on surfaces specified in section 30-483.
(h)
Recreational vehicle parking. The parking of recreational vehicles is prohibited except as follows:
(1)
When vehicle is parked within the confines of a fully enclosed structure such that it cannot be seen from any abutting property or public right-of-way.
(2)
When parked in the open on the driveway of the property for a period of time not to exceed 24 hours to allow for loading and unloading.
(3)
Upon receipt of a permit from the code enforcement division provided that:
a.
Parking shall not exceed seven days for the purpose of loading, unloading, minor repairs, and cleaning prior to or after a trip.
b.
The permit shall be affixed to the vehicle in a conspicuous place.
c.
Prior to the expiration of the seven-day permit, a second seven-day permit may be issued upon a finding by the code enforcement division that the permittee has complied with permit conditions.
d.
A maximum of four permits, or 28 total days, may be granted in any single calendar year.
e.
In no event shall recreational vehicles be used for living or sleeping purposes.
(i)
Boat and boat trailer parking.
(1)
The parking of a boat and boat trailers is prohibited except as follows:
a.
When boat or boat trailer is parked within the confines of a fully enclosed structure such that it cannot be seen from any abutting property, public way, or waterway.
b.
On a temporary basis, not to exceed eight hours, for the purpose of loading, unloading, and cleaning.
c.
When moored, berthed, or stored on an approved boat docking facility.
(2)
The display of a boat for sale is prohibited.
(j)
Commercial vehicle parking. Pursuant to the land development code.
(k)
Outdoor lighting (including docking facilities). Pursuant to city outdoor lighting standards.
(l)
Garage and yard sales. Garage and yard sales are prohibited except as follows:
(1)
Upon the issuance of a permit. A two-day permit may be issued for a garage sale, lawn sale, or similar private home sales every 12 months.
a.
The permitted garage/yard sale shall be valid for no more than two days.
b.
The permit shall authorize the use of a temporary sign located on the permitted property. No signage shall be placed off-site or upon the public right-of-way.
(2)
Items offered for sale shall be generally recognized as household goods and wares. Pre-packaged, bulk items, vehicles, construction materials (i.e., doors, windows, fixtures) shall not be displayed or offered for sale.
(m)
Vehicle sales. The display of vehicles for sale is prohibited except as follows:
(1)
Upon the issuance of a permit. A permit may be issued for vehicle sales as follows:
a.
One permit per calendar year for private vehicle sales.
b.
The permit shall be for a maximum of 14 days.
c.
Any vehicle offered for sale shall have a valid license plate and be parked on the driveway or an impervious surface intended for vehicle parking, with the permit clearly affixed in the window of the vehicle.
d.
One "for sale" sign shall be allowed, affixed to the window of the vehicle.
e.
Permits shall only be issued to the title-holder of the vehicle who shall either be the owner of the subject property, or able to produce an affidavit of permission from the property owner.
f.
No vehicle for sale shall be parked on a vacant residential lot or in the public right-of-way.
g.
No more than one vehicle at a time may be offered for sale.
(n)
Signage standards. Pursuant to land development code.
(o)
Fences and walls.
(1)
Height.
a.
Fences or privacy walls placed within required yards shall be limited to six feet in height except that no fence placed between the front building line and the front property line of lots or parcels less than 1.25 acres in size shall be greater than four feet in height.
b.
Fences or walls placed within the required rear yard of waterfront lots one acre or less in size shall be limited to four feet in height.
c.
Corner lots shall maintain fences or walls at three feet within sight triangle areas, as shall fences or walls abutting points of vehicular ingress/egress from residential lots.
d.
Up to four six-foot entry posts may be incorporated as part of an approved fence in the front yard(s).
(2)
Materials.
a.
Fences and walls shall be constructed of conventional building materials such as, but not limited to concrete block, brick, wood, decorative iron or steel.
b.
Coated chain-link fencing shall only be allowed in side yards beyond the front yard setback, and in rear yards.
c.
Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way.
(p)
Flagpoles.
(1)
One flagpole is permitted and shall not exceed 25 feet in height above finished grade.
(2)
A flagpole over 15 feet in height shall require a building permit prior to installation.
(3)
Up to three noncommercial flags may be flown from an approved flagpole.
(q)
Satellite dishes; antennae; towers.
(1)
One satellite dish having a diameter of 36 inches or less shall be allowed without a permit if the dish is attached to the side or rear of the principal structure and within allowed protrusion limits.
(2)
Satellite dishes over 36 inches in diameter, antennae(s) or other signal receiving or transmitting equipment to be located on a single family lot must be reviewed and permitted by the city.
(3)
The installation of antennae(s) or other signal receiving/transmitting equipment that creates electrical interference or is deemed to be out of scale or character of the neighborhood is prohibited unless a compelling public purpose can be established by the applicant, and acknowledged by the city.
(4)
The maximum permitted height for antennae attached to a residential structure is 40 feet, 35 feet for approved, freestanding towers.
(5)
The maximum permitted height for approved freestanding towers is 35 feet.
(6)
Additional height may be requested under the variance provisions contained in the LDC.
(7)
All existing satellite dishes located on a single-family lot with a diameter of 36 inches or greater shall be removed by December 31, 2003.
(r)
Children's play equipment.
(1)
Children's play equipment (swings, slides, etc.) shall be allowed in side and rear yards.
(2)
Equipment that is attached to the ground shall be setback a minimum of 7.5 feet from any side or rear property line.
(3)
No owner shall allow such play equipment to become dilapidated, deteriorated, structurally unsound, unsightly or a safety hazard.
(Ord. No. 01-15, § 6, 9-17-2001; Ord. No. 10-04, § 2.3., 4-19-2010; Ord. No. 10-08, § 2.5., 8-16-2010; Ord. No. 18-09, § 5, 5-21-2018)
(a)
Minimum landscaping shall be provided pursuant to the land development code.
(b)
Areas adjacent to the subject residential lot located within the public right-of-way are subject to conditions contained in the city right-of-way ordinance.
(Ord. No. 01-15, § 7, 9-17-2001)
Recommended design guidelines have been established to help owners, architects, landscape architects, and builders to become active participants in the development of the community, by encouraging design quality, and by promoting architectural and site design elements that complement and enhance the surrounding built environment. The city shall review and approve all applicable projects for consistency with the following minimum standards. However, in any event, the city may return building plans for revisions where in the city's judgment, the massing, architectural style, roofline, or other features, or site elements are inconsistent with the intent and purpose of these guidelines.
An appeal may be brought within 30 days from rendition by the department to the city planning board for recommendation to city council for those cases that cannot be resolved at staff level. Staff shall describe the areas of concern, inconsistencies, and/or departure(s) from this article.
Fees for this appeal process are outlined in the city fees schedule for the appeal of administrate decision.
(1)
Roofs, general.
a.
Roof design plays an important role in breaking down the massing of a large residence. By utilizing different roof volumes that correspond with the interior rooms, a larger building is visually broken down into smaller elements.
b.
To avoid massing, roofs shall provide one of the following:
1.
Changes in roof pitch or roof plane.
2.
Roof pitch of greater than 4:12.
3.
A mixture of roof types (i.e., gables and hips).
(2)
Roof composition and detail elements. The introduction of composition elements such as dormers, cupolas, and other ornamentation is encouraged to customize the mass of individual homes. Generous overhangs, built-up fascia and the use of cornice trim under the soffits adds an additional level of detail to distinguish homes. Building plans shall demonstrate desired roof composition and detail elements, but are not required for building plan approval.
(3)
Walls, general.
a.
The scale relationship of each building component should relate to the overall massing of the structure.
b.
Changes in the mass are required on the street side facade of the structure, and encouraged, but not required, on two or more sides of the structure.
(4)
Windows and doors.
a.
Windows are one of the major components of the structure and provide definition and the architecture of the residence.
1.
New structures shall provide architectural detailing, banding or other trim detail at windows along the front facade.
2.
Feature windows, additional banding/trim on other windows, and operable shutters scaled to match the window size are encouraged, but not required for building plan approval.
b.
The entrance to the home shall be one of the most prominent elements of the facade.
1.
Sidelight windows, decorative glass, and transoms add visual interest to the door, and are encouraged, but not required for building plan approval.
(5)
Garages.
a.
To further emphasize the subordinate role of the garage area to the total structural mass, one of the following shall be required:
1.
The width of the garage door(s) shall not exceed 45 percent of the front facing facade. The measurement of the 45 percent shall be based on the distance, in linear feet, of the front facing facade;
2.
The garage shall be a side-loading garage;
3.
The garage shall be setback or set forward a minimum of two feet behind or in front of the plane of the front facade; or
b.
To further enhance street appeal, windows on the garage wall facing the street and extra thick (16-inch) walls at the garage opening are encouraged, but not required for building plan approval.
c.
Garages for recreational vehicles shall be granted by conditional use in the RSF zoning district. Garage door height and width shall be determined as part of the conditional use process.
(6)
Porches, verandahs, loggias, and balconies.
a.
These elements are highly encouraged, but not required, and should be designed to take advantage of prevailing breezes, create shade, break down the mass of the structure, and extend indoor living to the outside.
b.
Elements such as columns with five-inch+ diameters, balconies with decorative support brackets, and porches/loggias/verandahs greater than five feet deep by eight feet in length are encouraged, but not required for building plan approval.
(7)
Stilt home requirements.
a.
Additional landscaping shall be provided for stilt home structures that have unenclosed space on any front or side yard.
b.
The portion of the stilt home not enclosed, excluding the driveway entrance, shall provide vegetative screening at a height of four feet at installation, and shall be maintained at a minimum height of six feet.
c.
Painted lattice can be utilized to support and enhance the vegetative screening.
(8)
Driveways.
a.
Vehicle access facilities shall be constructed as described in section 30-483.
b.
Vehicle access facilities shall have a minimum setback of 7.5 feet from any property line for front-loading garages or five feet for side-loading garages. The setback is required to facilitate the installation and maintenance of landscape materials.
(9)
Site drainage. Site plans shall contain sufficient detail and information to allow for a review of proposed on-site drainage management.
(10)
Erosion control.
a.
Site plans shall contain sufficient detail and information to allow for a review of proposed on-site erosion control.
b.
Appropriate erosion control devices, including property adjacent to seawalls, shall be installed prior to the initiation of construction, and shall be maintained throughout completion of the project.
c.
Failure to maintain approved erosion control devices shall result in prompt code enforcement action and the suspension of on-site inspections until rectified.
(11)
Unusual site topography.
a.
On any lot where the average pre-development grade is greater than 18 inches above or 18 inches below the average crown of the adjacent road, the applicant shall incorporate the abutting right-of-way area into the site plans submitted for review.
b.
The site plan shall contain sufficient detail of existing and proposed conditions within the abutting right-of-way area to facilitate review of proposed driveways, sidewalks, erosion control, utilities, and other improvements such as stormwater management.
(Ord. No. 01-15, § 8, 9-17-2001; Ord. No. 10-04, § 2.4., 4-19-2010; Ord. No. 16-01, § 2, 1-19-2016; Ord. No. 18-09, § 6, 5-21-2018; Ord. No. 24-17, § 3, 11-4-2024)
(a)
Pursuant to F.S. § 162.22, a person found to be in violation of this division may be charged with a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment, not to exceed 60 days. Each violation or noncompliance shall be considered a separate and district offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
(b)
Violation of this division may also be prosecuted before the city code enforcement board.
(Ord. No. 01-15, § 10, 9-17-2001)
Editor's note— Section 30-90 of the City Code has been nullified by operation of law as a result of being preempted by Chapter 2023-304 Laws of Florida. Accordingly, the City Code Section is null and void and is not enforced by the City. Res. No. 23-54, § 2, adopted Oct. 2, 2024, repealed § 30-90, which pertained to rental registration program and derived from Ord. No. 22-08, § 2, adopted Dec. 5, 2022.