(a)

Generally; customary and incidental uses. An accessory use is customarily associated with the principal use, and clearly incidental and subordinate to the principal use in area, extent, and purpose.

(b)

Permits required. Except as explicitly provided herein, no use designated as an accessory use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits which may include; a building permit, zoning improvement permit (ZIP), certificate of use, and a certificate of occupancy all pursuant to the requirements of this chapter. No permit shall be issued for an accessory building for any use unless the principal building and established use exists on the property, or unless a permit is obtained simultaneously for both buildings and construction progress concurrently.

(c)

Prohibited uses. Any accessory use not specifically listed as permitted, or listed as a related use, and which the administrative official cannot categorize as similar to a permitted use or related use, shall be considered expressly prohibited.

(d)

Applicability of principal use and building regulations. An accessory use and building or structure shall be subject to the same regulations that apply to the principal use, building and structure in each district, except as otherwise provided.

(e)

Location. All accessory uses, buildings and structures, except for approved off-site parking, shall be located on the same lot as the principal or main use.

(f)

Dimensional requirements. All accessory uses, buildings and structures, shall comply with dimensional standards as set forth in section 34-342, table 1, and elsewhere for accessory structures. Where the accessory structure dimensional requirements are found to be non-applicable, the dimensional requirements of the principal structure shall apply.

(Ord. No. 2010-10-218, § 2(10-10), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019)

The following accessory use table shall be used to determine the required zoning district of which a use may be established. Unless otherwise stated, setback and spacing regulations shall be in compliance with section 34-342, table 1. Additional standards shall be complied with for the establishment of the accessory use.

LEGEND

(Ord. No. 2010-10-218, § 2(10-20), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2018-03-384, § 4, 2-14-2018; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2022-013-454, § 2, 7-27-2022; Ord. No. 2022-015-456, § 2, 12-14-2022; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2025-001-481, § 2(Exh. A), 1-8-2025)

The following standards shall be complied with for the establishment of the accessory use and structure:

(1)

Utility sheds, storage shed.

a.

Sheds shall not be closer than 75 feet to the front property line and shall meet all other accessory structure requirements of the underlying zoning district pursuant to section 34-342 of this chapter.

b.

No permit shall be issued for a shed for any use unless a principal building exists on the lot.

c.

Size. Utility sheds shall not exceed 120 square feet.

d.

Height. Utility sheds shall not exceed the maximum permitted height for accessory uses in the underlying district and shall not exceed the maximum height of the principal building on the property.

e.

Number. Only one shed shall be permitted per platted lot.

f.

Shed shall not be occupied and shall not be used as an accessory dwelling unit at any time. Evidence of an illegal accessory dwelling unit shall be presumed if one or more of the following conditions are observed as it pertains to the accessory use.

1.

There is evidence of separate electrical, water, gas or other type of utility meter.

2.

There is evidence of a separate address assignment or mailbox.

3.

There is evidence of a liquid propane (LP) gas tank installed.

4.

There is evidence of a kitchen or cooking area within the accessory structure.

5.

There is evidence of separate rooms or partitions within the accessory structure.

6.

There is evidence of two or more exterior doors.

7.

There is evidence of a parking space assigned to the accessory structure.

8.

There is evidence of the accessory structure being advertised as a living unit.

The presumption may be rebutted by the property owner with the submission of a valid building permit of record and with a current floor plan prepared by an engineer or architect, accompanied by a notarized affidavit from the property owner attesting that the accessory structure is not being maintained as an accessory dwelling unit, substantiated by an interior inspection of the dwelling by a compliance officer.

(2)

Swimming pools, spas.

a.

Swimming pools in all districts shall be constructed no closer than five feet to any building foundation, unless both the design and construction are approved by the administrative official as safe and will not possibly result in a weakening of or damage to the building foundation. Safety barrier shall be provided in accordance with section 34-446 of this chapter.

b.

In no event shall said pools be closer than 18 inches to any wall or any enclosure.

c.

Swimming pools, whether or not enclosed within screen enclosures, that are not attached to the principal building, and other permitted detached screen enclosures, shall be considered as accessory uses and shall be setback at least 75 feet from the front property line.

d.

Swimming pools or spas located at finished grade shall not be included in the building coverage calculation unless contained in a building or within a screen enclosure with a solid roof.

(3)

Pool screened enclosures, roof covered patios, lanais, pergolas, gazebos, patio slabs/pavers.

a.

Pool screened enclosures, roof covered patios, lanais, pergolas, gazebos, patio slabs/pavers.

1.

Pool screened enclosures with screen roof. Pool screened enclosures with screen roof whether detached or attached to the principal building, must maintain screen enclosure setbacks pursuant to section 34-342. Pool screened enclosures with screen roofs shall not be included in the building coverage calculation.

2.

Roof covered patios, lanais, pergolas and gazebos.

a.

Attached roof covered patios, lanais and pergolas shall maintain the required setbacks for the principal residence building.

b.

Gazebos and freestanding pergolas shall maintain accessory building setbacks pursuant to section 34-342.

c.

Patio slabs or brick pavers without a roof that are connected to the principal residence shall maintain patio slabs setbacks pursuant to section 34-342. Patio slabs or brick pavers without a roof which are not connected to the principal residence building are subject to accessory building setbacks outlined in section 34-342.

d.

Maximum allowable size for single family residences and townhomes:

1.

Roof covered patios, lanais and pergolas are permitted to cover a maximum of 30 percent of the rear yard or 400 square feet, whichever is smaller.

2.

Freestanding pergolas and gazebos are limited to 200 square feet per property.

3.

Patio slabs and brick pavers whether connected to the principal residence or not, are limited to 200 square feet for single family residences. Patio slabs and brick pavers may cover 100 percent of the rear yard for new townhouse developments with a site plan approval date of 2025 or thereafter.

(4)

Portable storage units. For the purposes of this section, the term portable mini-storage unit shall mean a portable container designed for the storage of personal property that is placed on a homeowner's lot, parcel or tract and is designed to be delivered to and/or removed from the homeowner's site by a truck or other street-legal vehicle. One temporary portable mini-storage unit may be placed on a fee simple lot, parcel or tract containing a single-family residence, subject to the following conditions and limitations:

a.

The homeowner has a valid building permit:

1.

For the major remodeling of;

2.

For a significant addition to; or

3.

For damage repair to the single-family residence on the lot, parcel or tract whereon the portable mini-storage unit is requested to be placed; and

b.

The portable mini-storage unit, shall not exceed eight feet in width, 16 feet in length, and eight feet in height;

c.

The portable mini-storage unit shall be placed at ground level, shall be setback a minimum of ten feet from the front property line and a minimum of five feet from all other property lines, and shall comply with the safe sight distance triangle regulations;

d.

In no instance shall hazardous material be placed in the portable mini-storage unit; and

e.

Prior to placement of the portable mini-storage unit on the lot, the property owner shall apply for and obtain a zoning improvement permit (ZIP) pursuant to section 34-55 for the portable mini-storage unit;

f.

The ZIP for the portable mini-storage unit shall be a conditional permit and shall be issued for a period not to exceed 90 days. Upon showing of just cause by the homeowner, the administrative official may approve the homeowner's written request to renew the ZIP for additional 90 days, not to exceed a total of 180 days overall; provided, however, the portable mini-storage unit shall be removed from the premises when a hurricane watch is issued for the county. No renewal fee of the ZIP shall be charged where, after inspection by the department of planning and zoning, the use of the mini-storage unit is to facilitate repair of damage caused by a hurricane;

g.

No mechanical, plumbing or electrical installations or connections are made to the portable mini-storage unit;

h.

The portable mini-storage unit shall have clearly posted on the exterior of the unit, the name, current phone number and address of the company providing the portable mini-storage unit, a copy of the current ZIP permit issued for the mini-storage unit, and the date the portable mini-storage unit was placed at the site;

i.

The conditional ZIP approval may be revoked by the administrative official at any time should the homeowner's utilization of such temporary portable mini-storage unit result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein.

(5)

Generators, permanent. A permanent generator installation shall be permitted as an ancillary use in all zoning districts, subject to the following conditions:

a.

Setbacks for permanent generators. In those zoning districts permitting accessory buildings, compliance with accessory building rear, interior side and side street setbacks shall be required for a permanent generator. The front setback shall be behind the front building line of the principal building. There shall be no spacing requirements from the principal building to the generator.

In those zoning districts not permitting accessory buildings, the permanent generator shall comply with principal building setbacks, except that there shall be no spacing requirement from the principal building to the generator.

b.

Setback exception for certain residential districts. Permanently installed generators fueled by propane gas or natural gas not exceeding five feet in height from finished grade to the top of the generator shall be permitted as an accessory use in conjunction with a permitted residential use in accordance with the following setback requirements:

1.

Front—Behind the front building line.

2.

Rear—Five feet.

3.

Interior side—Three feet.

4.

Side street—Behind the side street building line, unless completely screened from view by a wall or hedge. In no event shall a permanently installed generator be placed closer than ten feet to the side street property line.

5.

Spacing—There shall be no spacing requirement between the principal building and the permanently installed generator.

c.

Number permitted in residential districts. A maximum of one permanent generator shall be permitted as an ancillary use to a single-family residence, duplex unit or townhouse unit. A maximum of one generator per structure shall be permitted for multifamily developments, with the exception of condominium units, which shall be permitted one permanent generator per condominium unit.

d.

[Screening.] In all residential districts, a permanent generator shall be screened from view by a wall or hedge.

e.

[Not part of lot calculations.] A permanent generator installation shall not be counted as part of maximum lot coverage, maximum floor area ratio, or parking requirement calculations. Permanent generator installations on improved properties may encroach into the required landscaped open areas.

(6)

Outdoor dining. Outdoor dining areas shall be permitted as an accessory use for restaurants including fast food restaurants (collectively referred herein as restaurant) subject to the following:

a.

The outdoor dining area shall be managed, operated and maintained as an integral part of the immediately adjacent restaurant;

b.

The outdoor dining area shall not reduce required parking or landscaping for the site;

c.

The outdoor seating area shall be included in the calculations for required parking;

d.

There shall be no outdoor cooking or food preparation, including preparation equipment or heating of food;

e.

No outdoor dining area shall obstruct or impede pedestrian traffic. There shall be a minimum of five feet clear path between curb and outdoor dining area to allow pedestrian traffic;

f.

The outdoor dining area shall comply with the American with Disabilities Act requirement;

g.

No advertising signs or business identification signs shall be permitted. No outside public address system shall be permitted;

h.

The outdoor dining area must have adequate illumination during evening hours and comply with section 34-417 of this chapter. Blinking and flashing type lighting shall be prohibited;

i.

Tables, chairs, umbrellas, and other permissible objects provided within the outdoor dining area shall be of quality design and materials. Umbrellas and other decorative material shall be fire-retardant or manufactured of fire-resistant material;

j.

No tables, chairs or any other permissible objects within the outdoor dining area shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb, or sidewalk in or near the permitted area;

k.

Tables, chairs, umbrellas, and other permissible objects provided within the outdoor dining area shall be maintained with a clean appearance and shall be in good repair at all times;

l.

Alcoholic beverages may be served where such service is strictly incidental to the service of food and is from a service bar only, subject to compliance with the regulations specified in article V of this chapter. The use shall be subject to plan review and approval through the building permit review process. The plans for such use shall include all restrooms, furniture, umbrellas, lighting, and other related services and functions associated with the proposed use, together with all required and provided parking calculations and pedestrian circulation. Plans shall be subject to all the applicable building and zoning code regulations; and

n.

The use shall require a certificate of use which shall be renewed annually and shall be subject to revocation upon violation of any applicable building and zoning code regulations, or when a continuation of the permit would constitute a hazard or nuisance.

(7)

Outdoor grilling, commercial.

a.

Outdoor grilling shall only be permitted as an accessory use to full service restaurants with seats. Take-out and take-away restaurants without seating shall not be permitted to grill outdoors.

b.

Outdoor grilling shall only be permitted during the time the restaurant is open for food service.

c.

Grill must be located at least 15 feet from all property lines.

d.

Residential zoning districts, residential uses or residential structures must be buffered by a decorative masonry wall a minimum of six feet in height.

e.

Grill must have a lid or door to minimize smoke.

f.

All food preparation and food sales must take place inside the restaurant.

g.

Outdoor consumption of food shall only be permitted in conjunction with an approved outdoor dining license.

h.

Placement of the grill shall not impede circulation or reduce the required parking or landscaping area.

i.

A separate certificate of use (CU) shall be required demonstrating compliance with the standards above, in addition to approval by DERM, fire and building and other outside agencies as required.

(8)

Maintenance building, commercial, industrial. Accessory buildings providing maintenance and utility storage primarily designed and intended for use of nonresidential developments shall be permitted, provided that accessory building setbacks and development standards of the underlying zoning district are maintained and the structure is shown on an approved site plan.

(9)

Dumpster enclosures. All garbage and trash must be placed inside the dumpster. Loose garbage and trash outside the dumpster is a violation of this chapter, a health hazard and aesthetically undesirable. The property owner is responsible for keeping the enclosure and surrounding area garbage and trash free at all times.

a.

Specifications, materials and location.

1.

Dumpster enclosure requirement.

(i)

All dumpsters shall provide an enclosure of a size that would permit the moving in or out of the dumpster without damage to the enclosure. Enclosure height must extend 12 inches above the dumpster.

(ii)

Screening. Dumpsters shall be enclosed by a wall on three sides with a gate for collection equipment provided on the fourth side. Structural screening shall be supplemented by foundation plantings consisting of hedges which shall be maintained at a minimum of three-foot height.

(iii)

Materials and construction methods.

A.

CBS masonry walls. All exterior faces of the wall shall be finished and use professional quality materials such as stucco or similar maintenance free decorative surface, consistent with materials and architectural style of the principal building and meeting with the approval of the zoning official or designee.

B.

Concrete walls. Precast concrete walls of quality deemed acceptable to the development services department.

C.

All walls and gates shall be totally opaque to prevent the dumpster from being visible. Chain link and wood fencing are not permissible screening materials for dumpster enclosures.

D.

Enhancement of materials or finishes may be required for enclosures located within the entertainment overlay district.

E.

In mixed use developments, residential waste should be separate from commercial.

(iv)

Dumpster enclosure gates may be constructed of pre-cast decorative concrete panels, decorative metal screens, hardwoods mounted in substantial steel frames, steel, aluminum or other durable opaque materials which are installed in compliance with the building code. Plastic coverings are not considered durable.

A.

Servicing gates, upon opening, may not swing onto sidewalks or public right-of- way and shall incorporate gate stops that are functional in the full open and closed positions. Hinge assemblies shall be strong and durable such that access and servicing gates do not sag and function properly.

B.

All gates for pedestrian access shall be no more than 48 inches in width and no less than 36 inches in width. Maze style openings shall be permitted in place of a pedestrian access gate. A maze style opening is an opaque wall or fence that is located between 36 and 48 inches from the enclosure opening must be a minimum width of one and one-half times the width of the opening and shall be between 36 to 48 inches in width.

2.

Placement.

(i)

A dumpster must be located in a place easily accessible to authorized collection vehicles at all times, the area above the enclosure must be free of wires and other overhead obstructions. All dumpsters shall be placed within an approved enclosure. The location of enclosures for new construction or additions requiring site plan review shall be determined pursuant to the site plan review process. The location of enclosures for uses not requiring site plan review shall be determined by the administrative official or designee pursuant to the following requirements upon submission of a site plan or survey showing the location of the building, the number and location of living units, lot size, existing and proposed landscaping, the number and location of parking spaces, the location, service frequency and capacity of the existing and proposed dumpsters;

(ii)

It shall be unlawful for any person to place or store, or allow to be placed or stored, a dumpster upon or in any public street, alley or right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way during the collection/emptying process;

(iii)

All dumpster enclosure walls and doors shall be located a minimum of five feet from adjoining commercial areas and ten feet from adjoining lots with residential zoning uses; and a minimum of five feet from public and private rights-of-way.

(iv)

A minimum of five feet from public and private rights-of-way.

(v)

No dumpsters shall be permitted in the front yard of any building within the Entertainment Overlay District. In general, dumpsters should be placed in properly screened and enclosed service areas accessible for regular solid waste disposal in the rear or side yards of a principal structure. Front yard placement will be permissible in other districts when no reasonable alternate placement solution can be provided.

(vi)

Dumpsters must be located on a concrete pad. The concrete pad shall provide an eight feet minimum concrete apron in front of the dumpster measuring the same width of the enclosure.

(10)

Commercial recyclable material storage area. Recyclable material collection and storage areas shall be provided on the site of all occupied nonresidential buildings or developments in accordance with the following standards:

a.

Storage area. At a minimum, at least one recyclable material collection and storage area with a ten-foot by ten-foot pad, shall be designated on each site plan.

b.

Location. All accessory uses, buildings and structures, except for approved off-site parking, shall be located on the same lot as the principal or main use.

c.

Access. Access to recyclable material collection and storage areas shall be designed so as not to require unnecessary turning or backing movements by pick-up and removal vehicles. There shall be a 50-foot access area for trucks.

d.

Setback. The minimum setback for recyclable material collection and storage areas that are located on the exterior of buildings shall be 25 feet from residential districts or residential properties.

e.

Screening. All recyclable material collection and storage areas that are located on the exterior of buildings shall be screened by a solid opaque enclosure. The open end of the enclosure shall have an opaque gate. All exterior sides of the enclosure, shall be landscaped with 24-inch high shrub material spaced 24 inches on center at planting, or an alternative acceptable to the administrative official. Recycling enclosures may be connected to or be a section of garbage and trash enclosures.

f.

Alternative compliance. Applicants shall be entitled to demonstrate that recyclable material storage space needs can be more effectively met through an alternative recyclable materials collection and storage plan. An alternative recyclable materials collection and storage plan shall be reviewed by the solid waste authority, and, if approved, shall be substituted for standards of this subsection.

g.

Review. Recyclable material storage and collection area plans shall be reviewed during development approval or by the development review committee pursuant to section 34-45. Information necessary to evaluate proposed plans for compliance with the standards of this subsection shall be shown on the site plan.

h.

Retrofitting of existing nonresidential developments. The retrofitting of existing nonresidential developments to comply with the standards of this subsection is permitted at a ratio of one parking space for each recycling material storage and collection area, not to exceed ten percent of the total parking spaces.

(11)

Multifamily recyclable material storage areas. Where recyclable material collection and storage areas are provided on the site of all multifamily developments that include ten or more dwelling units, in accordance the following standards shall be complied with:

a.

Exemptions. Multifamily developments that receive curbside recyclable materials collection service on at least a weekly basis shall be exempt from the standards of this subsection.

b.

Location. Recyclable material collection and storage areas shall be located within the building containing the multifamily dwelling units or within or adjacent to the disposable material dumpster area used by residents of the multifamily development.

c.

Access. Access to recyclable material collection and storage areas shall be designed so as not require unnecessary turning or backing movements by pick-up and removal vehicles.

d.

Setback. The minimum setback for recyclable material collection and storage areas that are located on the exterior of buildings shall be 25 feet from residential districts or residential properties.

e.

Screening. All recyclable material collection and storage areas that are located on the exterior of buildings shall be screened by a solid opaque enclosure constructed of brick, concrete, concrete block, or other decorative masonry, or comparable wood or steel, consistent with the architectural character of the development or principal building. The open end of the enclosure shall have an obscure, opaque gate. All exterior sides of such enclosures, except the open end, shall be landscaped with 24-inch high shrub material spaced 24 inches on center at planting, or an alternative acceptable to the administrative official.

f.

Storage area. The following minimum recyclable material storage area standards shall apply to multifamily developments:

g.

Alternative compliance. Applicants shall be entitled to demonstrate that recyclable material storage space needs can be more effectively met through an alternative recyclable materials collection and storage plan. An alternative recyclable materials collection and storage plan shall be reviewed by the solid waste authority, and, if approved, shall be substituted for a recyclable materials storage and collection plan meeting the express storage area standards of this section.

h.

Review. Recyclable material storage and collection area plans shall be reviewed during development approval or by the development review committee pursuant to section 34-45. Information necessary to evaluate proposed plans for compliance with the standards of this subsection shall be shown on the site plan.

i.

Retrofitting of existing multifamily developments. The retrofitting of existing multifamily developments to comply with the standards of this subsection are encouraged. As a means of encouraging retrofitting, developers shall be entitled to convert existing off-street parking spaces to accommodate a recyclable material storage area in accordance with the following standards.

1.

Number of spaces to be converted. A maximum of one existing off-street parking space may be converted to accommodate each 180 square feet of recyclable material storage and collection area or fraction thereof that is provided on the exterior of a building. Conversion of off-street parking spaces to accommodate more recyclable materials collection and storage area than specified in paragraph f. of this subsection (storage area) shall be prohibited.

2.

Automatic waiver. The conversion of required and existing off-street parking spaces to accommodate recyclable material storage and collection areas pursuant to the standards of this section shall be permitted by right, with subject to an administrative review of the administrative official.

(12)

Outdoor storage, open air storage, including vehicles. Outdoor storage in all commercial, industrial and nonresidential uses shall be subject to the following standards, unless the use is specifically regulated in the applicable district or extra requirements of this section or section 34-288. The use shall require a separate certificate of use which shall be renewed annually and shall be subject to revocation upon violation of any applicable building and zoning code regulations, or when a continuation of the permit would constitute a hazard or nuisance.

a.

Outdoor storage shall be permitted only when incidental, accessory, and customary to the use located on the premises subject to the following:

1.

The storage area shall not be located in any of the required setbacks or yards.

2.

The stored materials shall be within an area surrounded by a wall or solid fence, and shall not protrude above the height of the enclosing wall or fence meeting the approval of the administrative official.

b.

Outdoor storage of material used for construction is permitted when:

1.

The storage of construction materials and equipment is for use on property with an active building permit.

2.

The material is stored for no longer than 90 days unless approved by the administrative official for a period not to exceed an additional 90 days;

c.

Outdoor storage of vehicles shall be permitted only when incidental, accessory, and customary to the use located on the premises subject to the following:

1.

The vehicles shall be parked on asphalt and require paving and drainage approval from the engineering or public works department. Parking on gravel, grass or any other unimproved surface shall be prohibited.

2.

Required screening. The stored vehicles shall be within an area surrounded by a wall or solid fence. Structural screening shall be supplemented by a row of evergreen shrubs, planted no more than 36 inches apart which will grow to form a continuous hedge of at least three feet within a year of planting. When adjacent to a residential district or visible from a public right-of-way, additional landscaping may be required. Businesses with an active dealership license shall be exempt from this requirement.

d.

Contractor's storage yard. A contractor's storage yard means storage and accessory office performed by building trade and service contractors on lots other than construction sites. A contractor's storage yard use shall comply with the following supplementary use standards:

1.

Office permitted. An accessory office shall be permitted.

2.

Screening. For a storage yard contiguous to property in a residential district, and opaque fence/wall a minimum eight feet in height shall be placed along the inside border or the required landscape strip. The purpose of the fence/wall inside the landscaped strip is to protect the landscape strip from the intensive activity of the storage yard and to supplement the landscape strip as a buffer.

3.

Activities. No major repairs of vehicles or equipment, and no manufacturing or processing shall occur on the site.

e.

Shipping containers storage. Shipping container storage is defined as a large standardized metal shipping container intended for cargo storage that is situated on a specific property. Containers shall not be used to store hazardous materials. Shipping containers are subject to the following:

1.

Shipping containers may only be utilized for storage purposes that are ancillary to an existing business and must be removed once the contents of the container are cleared.

2.

Shipping containers shall not be stacked.

3.

Shipping containers are strictly prohibited within required parking and landscaping areas, including grass. Containers shall not disrupt or obstruct traffic flow on the site or service alleys.

4.

Screening may be required as part of the certificate of use review process.

(13)

Vending machines, video games.

a.

A maximum of three vending machines may be stored outdoors abutting the principal building for the purpose and intent of use of the resident, workers, and guest of the development.

b.

A maximum of three video arcade games shall be permitted in any one establishment.

(14)

News kiosk. The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type, appearance, and servicing of newsracks:

a.

The placement of newsracks shall not interferewith the flow of pedestrian or vehicular traffic, including ingress into or egress from a residence or place of business or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.

b.

Newsracks shall be located in such a manner so as to avoid an excessive concentration which may unreasonably detract from the aesthetics of the surrounding area or which may result in visual blight.

(15)

Donation bins.

a.

Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items.

b.

Exceptions. The following shall be exempted from the provision of paragraph a, of this subsection.

1.

Certain nonmotorized vehicles. Nonmotorized vehicles which comply with the following criteria:

(i)

The nonmotorized vehicles must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the state for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(ii)

Personnel directly employed by or volunteers for the not-for-profit organization must be present at the non-motorized vehicles at least five days a week (except holidays) to accept donations;

(iii)

The monetary proceeds resulting from the sale of donations collected at a nonmotorized vehicle must be used in accordance with the organization's charitable purpose pursuant to the county Code subsection 33-19(a)(i) to benefit persons within the boundaries of the county or outside of the county to provide emergency relief for victims of natural, manmade or economic disasters;

(iv)

The operation of the nonmotorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization;

(v)

Nonmotorized vehicles shall operate in a safe manner, be neat in appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening;

(vi)

For each nonmotorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the administrative official in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions;

(vii)

Nonmotorized vehicles which comply with the foregoing criteria are not required to be shown on-site plans which are required by this chapter to be submitted for approval at public hearing or by administrative site plan review.

2.

Certain permanently placed donation bins. Permanently placed donation collection bins which comply with the following criteria:

(i)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the state for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service.

(ii)

The monetary proceeds resulting from the donations collected at said donation collection bins must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of the county or outside of the county to provide emergency relief for victims of natural, manmade or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor or agent of said not-for-profit organization; provided, however, that this shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster.

(iii)

The donation collection bins shall be permanently affixed to the property and shall have been approved by the director of the building and code compliance department as meeting the requirements for wind resistance established for the county.

(iv)

The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 75 feet from any property line. Each donation collection bin shall require a ZIP permit from the department prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of six feet. Donation collection bins must be shown on site plans which are required by the code to be submitted for approval at public hearing or by administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited.

(v)

For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the administrative official in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

(16)

Watchman, manager or caretaker quarters, permanent, temporary.

a.

Maximum number of quarters. No more than one security or caretaker quarters use shall be developed upon the same lot as a bona fide agricultural, commercial, industrial or institutional use.

b.

Limitation on occupancy. The quarters use shall be for the exclusive use of and shall be occupied only by a guard, custodian, caretaker, owner, manager or employee of the owner of the principal use, and his family. Such person shall be actively engaged in providing security, custodial or managerial services upon the premises.

c.

Construction standards. Development of a security or caretaker quarters use shall meet the appropriate standards of the building code and other applicable laws.

d.

Discontinuation of use. A security or caretaker quarters use shall continue only so long as the principal use that it is meant to serve remains active. Upon termination of the principal use, the right to have the caretaker or security quarters shall end, and the quarters shall immediately be discontinued. Once discontinued, such quarters shall not be re-established except in conformity with this subsection.

e.

Exception, public and institutional uses. A quarters use shall be allowed as an accessory use to a public or institutional use in all districts.

(17)

Construction trailer, or trailer used as sales office, temporary. During development a temporary construction trailer may be allowed in conjunction with an active building permit under the following conditions:

a.

An approved building permit shall be required for trailer prior to use.

b.

Use of this facility shall be limited to storage and on-site office work with no overnight habitation.

c.

Duration. The construction trailer may remain on site only for the duration of the permitting and building of the primary structures and must be removed no later than 30 days after issuance of a temporary certificate of occupancy (TCO) for commercial structures or no later than 30 days after the issuance of a certificate of occupancy (CO) for residential structures.

d.

Location. The construction trailer and attendant parking and storage areas are to be located on site so as not to interfere with safe ingress and egress to developed areas or areas under construction. Minimum setback requirements for accessory structures within the applicable zoning district shall apply.

e.

Removal. The construction trailer shall be removed if construction ceases for more than six months.

(18)

Mobile medical, professional unit. Mobile medical facilities or other self-contained facilities that travel to several locations, are at the location for a period greater than 24 hours, and provide medical or other professional services shall be required to comply with the following:

a.

An approved certificate of use shall be required in order to operate within the city limits.

b.

The application for certificate of use shall include a site plan outlining all locations where the unit shall be placed on the site.

c.

Te application for certificate of use shall specify the length of time and frequency of visits to the various locations.

d.

The unit shall remain at each site no longer than 30 days. Units shall visit the same site no more than six times a year.

e.

Mobile pain management clinics shall be prohibited.

(19)

Gatehouses, guardhouses, manned, unmanned. Structures providing shelter and operations for as a gatehouse, guardhouse, whether manned or unmanned shall be setback a minimum of 25 feet from the right-of-way line or located as to allow adequate auto stacking off the public rights-of-way whichever distance is greater. Said structures shall not obstruct safe sight distance triangles, and shall not be included in the computation of common open space, but shall be computed towards lot coverage.

(20)

Awnings. The following minimum standards shall apply:

a.

Awnings may be used to enhance or complement the architecture of a building and used to reflect window and door openings beneath them. Long expanses of awnings are discouraged.

b.

When awnings are used for business identification, the percentage of text and graphics shall count toward the maximum wall sign area. Backlit awnings are not permitted.

c.

There should be a minimum eight feet clearance above the ground which the awning projects.

d.

Awnings shall be maintained and kept in good order and repair. Awnings which are found to be in disrepair shall be subject to removal or replacement.

(21)

Carports.

a.

Shall be attached to the principal structure.

b.

When constructed of a masonry material, carports shall maintain the same setbacks as required for the principal structure. When constructed of aluminum or other non-masonry material carports shall maintain minimum setbacks as set forth in section 34-342, table 1.

c.

Carports shall screen the vehicle from view with the use of a wall, approved opaque fence or combination of fence and landscaping that provides a complete visual screen on two sides and utilize a permanent roof. Fabric carports shall not be permitted.

d.

A carport shall shelter no more than two vehicles in tandem and shall not be more than 24 feet long.

(22)

Encroachments of awnings, canopies, carports, roof overhangs, balconies, architectural structures.

a.

Awnings. On residential buildings, awnings shall not encroach more than five and one-half feet into the required yard setback area, and shall not protrude closer than two feet from any property line. On non-residential buildings awnings shall not encroach more than nine feet into the required yard setback area, and shall not protrude closer than two feet from any property line.

b.

Canopies. Canopies shall be permitted to encroach into the required yard setback area providing they are no closer than two feet from any property line.

c.

Roof overhangs and balconies. On all buildings, roof overhangs and balconies shall not encroach more than four feet into the required yard setback area, and shall not protrude closer than two feet from any property line.

d.

Architectural features. On single-family residential, duplex, or townhouse unit lots, architectural features shall not encroach into the required yard setback areas more than 75 percent of the required yard setback areas. Such features shall not exceed more than 20 percent of the building height.

e.

Encroachments for development located within PCD and the entertainment overlay shall also comply with section 34-589.

f.

Encroachments are subject to approval by the zoning official or designee and to an encroachment agreement.

(23)

Drive-thru facilities. Drive-thru facilities may be permitted subject to site plan review and approval, of which review shall include, but not be limited to, adequate access, vehicle stacking spaces, pedestrian safety, traffic circulation and other factors to minimize interruption and maintain traffic circulation and access to the site. In addition, the following requirements shall apply:

a.

Drive-thru facilities shall require a by-pass lane.

b.

Drive-thru facilities shall only be permitted on stand-alone parcels with a minimum lot size of 35,000 square feet or greater.

(24)

Ice and propane storage. Ice and propane storage shall only be permitted as an accessory use for vehicle fueling stations, grocery stores, food specialty stores, drug or pharmacy stores, big box stores, or home improvement stores subject to the following:

a.

Ice and propane storage shall be placed against the exterior of the principal building and cannot encroach into any public right-of-way, required setbacks, ADA accessible routes, or required parking spaces.

b.

Ice machines or propane storage enclosures shall be neutral in tone or color, or blend with the palette of the principal building.

c.

Ice and propane storage shall require a separate certificate of use. A site layout plan shall be provided with the application showing the location of the ice and propane storage area and demonstrating compliance with the requirements outlined above.

(25)

Home-based business. A home based business shall be permitted as an ancillary use to all lawful residential uses subject to the following limitations:

a.

The home-based business shall be clearly secondary to the residential use of the building.

b.

The home-based business shall not be conducted in any accessory building or other structure detached from the residence. However, incidental business uses and activities may be conducted.

c.

The home-based business use must be conducted by a member of the household residing in the dwelling unit, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

d.

No sign relating to the home-based business may be posted or displayed on the site and no vehicle with any sign displaying the home-based business use or home-based business residential address, which might serve to indicate that the dwelling unit is being used for a home-based business, may be located on the site.

e.

[Reserved.]

f.

There shall be no display, any type of materials, merchandise or other products on the premises.

g.

All business activities must comply with any state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

h.

As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

i.

The business must not emit noise, sounds, smoke, fumes, odors, vibrations or interference that would create a nuisance to abutting properties or the surrounding neighborhood. No public health or safety risks may be created by the home-based business.

j.

[Reserved.]

k.

Commercial vehicle parking, as defined in section 34-388, used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence and shall be in compliance with section 34-389. Parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted.

l.

An annually renewable business tax receipt (BTR) and certificate of use (CU) shall be required in order to operate a home-based business.

m.

No variances shall be granted through the provisions of any other applicable regulations, which would conflict with or vary the provisions of this section.

(26)

Dormitory, fraternity or sorority house. Dormitory, fraternity or sorority house is permitted only as an accessory use, and must meet the following minimum standards:

a.

Shall only be located on-campus as an accessory use to a legally operating educational facility.

b.

Lot size must be a minimum of three acres.

(Ord. No. 2010-10-218, § 2(10-30), 4-7-2010; Ord. No. 2010-14-222, § 6, 6-9-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2014-08-319, § 2, 5-28-2014; Ord. No. 2014-18-329, § 2, 11-12-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2022-013-454, § 2, 7-27-2022; Ord. No. 2022-015-456, § 3, 12-14-2022; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

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