In all districts, every part of a required yard shall be landscaped and remain open to the sky and free of all structures and paving except as authorized by this chapter. The following are permitted to be constructed, placed or encroach into the required yards and to exceed the height requirements of a district only as provided in this article.

(LDC 2008, Div. 5.1; Ord. No. 08-102, § 2(Div. 5.1), 6-17-2008)

One-story accessory buildings shall be permitted within the required rear yard of single-family or two-family residences if they comply with the following:

(1)

Each accessory building, and the total of all accessory buildings and any storage shed, located in the rear yard, shall not exceed 350 square feet of roofed area (including roof overhangs) or cover more than 20 percent of the required rear yard, whichever is less. Enclosed storage areas in each individual accessory building shall not exceed 100 square feet (60 square feet in the zero lot line developments).

(2)

Accessory buildings shall be set back a minimum of five feet from a rear or interior side property line or for corner lots shall comply with the side street setbacks for the main structure. Roof overhangs shall be permitted to project a maximum of 12 inches into the required five-foot side and rear setbacks.

(3)

Accessory buildings shall be detached a minimum of ten feet from the residence and a minimum of six feet from roof overhangs (detached six feet from the main residence and six feet from any roof overhangs in the zero lot line developments). Accessory buildings shall be spaced apart from each other the same distance requirements as from the main residence.

(4)

Accessory buildings shall be limited to one story with a maximum height of 15 feet.

(5)

Allowable accessory buildings, with the exception of chickee huts as defined in this Code, shall be constructed and finished to match the existing residence (including roofing material) or designed in an architectural style complimentary to the existing residence, using either wood or CBS construction to match the residence, or aluminum or synthetic materials in a style that resembles wood construction and compliments the architecture of the main residence. Any accessory building with a pitch equal to or greater than two and one-half shall be constructed of standing metal seam roof, barrel tile, flat tile or another material which simulates barrel tile or flat tile to match the main residence.

(6)

Accessory buildings shall be limited to uses that are accessory to the main use, including but not limited to garages, carports, pergolas, cabanas, gazebos, etc. Sleeping or guest rooms shall not be permitted in detached accessory buildings.

(7)

Accessory buildings may contain heating and air conditioning, washers and dryers, toilets, bar sinks and showers.

(8)

No permit shall be issued for an accessory building for any use unless the principal building exists on the lot, or unless a permit is obtained simultaneously for both buildings and construction progresses concurrently.

(LDC 2008, Div. 5.2; Ord. No. 08-102, § 2(Div. 5.2), 6-17-2008; Ord. No. 20-271, § 2, 11-17-2020)

Accessory structures associated with single-family and two-family residences shall comply with the following:

(1)

Accessory structures such as built-in barbecue grills or similar cooking equipment, play equipment, tents, detached canopies, trellises, etc., whether or not permanently attached to the ground, shall only be permitted in the rear or side yards and shall comply with the same height and setback regulations from adjoining properties as accessory buildings, except as provided for in this section.

a.

Aboveground swimming pools and hot tubs shall comply with the same setbacks as swimming pools in Section 13-1512.

b.

Accessory structures not permanently attached to the ground, including temporary play equipment, five feet high or less, shall only be permitted in the rear or side yards and may be located two feet from a rear or interior side property line and for corner lots shall comply with the side street setbacks for the main structure.

c.

Temporary play equipment that is higher than five feet but less than 12 feet in height and which does not exceed the height of the principal residence and is not permanently attached to the ground shall be permitted in the rear or side yards provided such equipment is located a minimum of two feet from a rear or interior side property line. For all corner lots, the play equipment shall be set back a minimum of five feet from a street side property line. All temporary play equipment higher than five feet which includes any type of impervious roof area shall be included in the calculation of accessory buildings and lot coverage pursuant to Section 13-1502(1).

d.

The term "play equipment" means materials or equipment designed for children's outdoor play activities.

e.

Ornamental landscape features such as statues or fountains less than four feet high and decorative ponds less than 24 inches deep are permitted as accessory structures within any required yard.

f.

All temporary equipment shall be removed within 24 hours when a hurricane watch is issued for Miami-Dade County or the Town by the United States National Weather Service.

(2)

One accessory storage shed which is no larger than 50 square feet and six feet high or less and not visible from the street or adjoining properties may be located two feet from a rear or interior side property line and for corner lots shall comply with the side street setbacks for the main structure and is not required to match the architectural style and construction materials of the main residence. Any storage shed located in the rear yard shall be included in the calculation of accessory buildings and lot coverage pursuant to Section 13-1502(1). Storage sheds larger than 50 square feet or higher than six feet are not permitted.

(LDC 2008, Div. 5.3; Ord. No. 08-102, § 2(Div. 5.3), 6-17-2008; Ord. No. 09-111, § 2(Div. 5.3), 2-10-2009)

This section applies to single-family and two-family residences.

(1)

Central air conditioning or mechanical equipment shall not be located along the front facade of any single-family or two-family residences. Central air conditioning or mechanical equipment shall be located as close to the main residence as possible in order to minimize noise to the adjacent properties. In addition to the above requirement, the equipment may not be located less than two feet from an interior side or rear property line and no less than ten feet from a side facing a street. Legally existing central air conditioning or mechanical equipment that does not meet the above setbacks may be replaced in the existing locations provided that the setback is not reduced. All air conditioning equipment shall be substantially screened, by landscaping, wall or similar device, from view at eye level (five feet six inches above grade) from the front of the property or side facing a street.

(2)

Wall or window air conditioning units shall not be visible from a front or side street and may project into a required yard for a distance not to exceed 40 percent of the required setback.

(3)

Central air conditioning or mechanical equipment located on the roof shall also be substantially screened from view at eye level (five feet six inches above grade) from adjoining properties. Roof-mounted solar powered water heaters, if possible, shall be installed so that they are not visible at eye level (five feet six inches above grade) from the front or side streets.

(LDC 2008, Div. 5.4; Ord. No. 08-102, § 2(Div. 5.4), 6-17-2008)

(a)

The following applies to single-family and two-family residences.

(1)

Awnings may only be installed over doors, windows or other openings and shall be permitted to project into any required setback as follows:

a.

Maximum projection into front setback, five feet.

b.

Maximum projection into interior or street side setback, three feet; five feet for zero lot line developments.

c.

Maximum projection into rear setback, seven feet.

In no instance shall an awning project any closer than three feet to a property line.

(2)

An awning projecting into the rear setback of single-family and two-family residences may be installed along the rear facade regardless of whether there are doors, windows of other openings. However, the awning shall not cover more than 70 percent of the width of the rear facade of the residence.

(3)

All awnings affixed to a particular residence shall be of the same color scheme.

(4)

The area covered by awnings shall not be included in the lot coverage calculations.

(b)

In all business and industrial districts, (including those districts requiring masonry construction), canvas or metal awnings shall be permitted for the purpose of providing protection from the elements of doors, windows and other openings. Such awning shall not extend more than nine feet from the building wall nor extend closer than two and one-half feet to the interior side property lines when projected from side walls, or closer than two and one-half feet to the rear property line, nor closer than seven feet to any official right-of-way line. In no event shall such awning be used to shelter any merchandise, equipment, display or be used for any commercial, industrial or storage purpose.

(LDC 2008, Div. 5.5; Ord. No. 08-102, § 2(Div. 5.5), 6-17-2008; Ord. No. 13-155, § 2(Exh. A), 3-12-2013)

This section applies to single-family and two-family residences.

(1)

Required front and side yard. Canopies are not permitted within the required front and side yards.

(2)

Required rear yard.

a.

Canopies attached to the main residence and open on at least three sides shall not be included in the lot coverage calculations except for that portion projecting into a required rear yard setback as follows:

1.

An attached canopy may project into the required rear yard setback a maximum of seven feet provided that no attached canopy projects any closer than three feet to a property line, unless otherwise provided by subsection (3) below. Any intrusion into a required rear yard setback shall be included in the lot coverage calculations.

2.

All attached canopies must comply with the required side street setbacks for the main residence.

3.

In lots where the rear setback is 25 feet or less, or where a detached gazebo as an accessory structure is unfeasible as determined by the Administrative Official, an attached canopy, open on at least three sides, may project into the rear setback up to a maximum of 50 percent of the required rear yard, provided no other detached accessory structure is proposed for the property. Each canopy located in the rear yard shall not exceed 350 square feet of roofed area (including roof overhangs) or cover more than 20 percent of the required rear yard, whichever is less.

b.

Detached canopies in the rear yards shall comply with the setback and lot coverage restrictions for accessory buildings.

(3)

Construction. With the exception of chickee huts as defined in this Code, all canopies, attached or detached, may only be constructed of canvas, fabric or vinyl and pipe or, wood or CBS construction to match the residence, or aluminum or synthetic materials in a style that resembles wood construction and compliments the architecture of the main residence. Any canopy with a pitch equal to or greater than two and one-half shall be constructed of standing metal seam roof, barrel tile, flat tile or another material which simulates barrel tile or flat tile to match the main residence.

(LDC 2008, Div. 5.6; Ord. No. 08-102, § 2(Div. 5.6), 6-17-2008; Ord. No. 20-262, § 2(Exh. A), 5-19-2020; Ord. No. 20-271, § 2, 11-17-2020)

Single-family and two-family residential lots or parcels shall comply with the following for at-grade decks. At-grade decks and walkways are defined as decks or walkways that are not more than six inches above the established grade. Decks or walkways higher than six inches above the established grade shall be considered accessory structures and must comply with the setback and lot coverage restrictions for accessory structures elsewhere in this Code.

(1)

Required front yard. At-grade decks shall be permitted to project a maximum of five feet into the required front yard. One walkway with a maximum width of six feet shall be permitted from the entrance of the residence to the front property line.

(2)

Required side yards. Except as provided below, decks shall not be permitted within the required side yards. Three feet wide walkways, steps or entrance stoops shall be permitted within the required side yards, set back a minimum of two feet from the side interior property line.

(3)

Required rear yard. At-grade decks or walkways constructed of wood, concrete, brick pavers set in sand or of similar impervious materials shall be set back a minimum of five feet from the rear and interior side property lines. For zero lot line developments the decks or walkways shall be set back three feet from the rear property line, zero feet from the zero-lot line side and four feet from the other interior side property line. For all corner lots the decks shall comply with the required street side setbacks for the main structure. However, corner lots zoned RU-1Z shall be permitted to have a deck or patio in the required street side yard area provided:

a.

A minimum setback of three feet is provided to the property line; and

b.

It is behind an opaque fence; and

c.

One of the following water-retaining improvements are built in the three-foot setback:

• A berm of no less than twelve inches above adjacent grade at its highest point.

• A swale of no less than twelve inches below adjacent grade at its lowest point.

• A retaining wall constructed of a single slab of concrete, on no less than twelve inches above adjacent grade at its highest point.

(4)

The maximum impervious area permitted for driveways, walkways, porches, decks, etc. (including brick pavers set in sand), in the required front and side yards facing a street shall be 60 percent for each yard. This provision, as it pertains to RU-1Z zone corner lots shall be waived if the requirements of item (3)c., above, are met.

(5)

In no instance shall the total impervious areas (including brick pavers set in sand) of all the required yards on a lot or parcel exceed 50 percent. The total impervious areas (including brick pavers set in sand) of all required yards on a RU-1Z zoned lot shall not exceed 60 percent. This provision, as it pertains to RU-1Z zone corner lots shall be waived if the requirements of item (3)c., above, are met.

(LDC 2008, Div. 5.7; Ord. No. 08-102, § 2(Div. 5.7), 6-17-2008; Ord. No. 19-242, § 2(Exh. A), 5-14-2019)

This section applies to single-family and two-family residences.

(1)

Driveways and parking spaces shall be graveled or hard-surfaced. Parking shall not be permitted on sand, lawns, common access areas, rights-of-way, across sidewalks, center islands of culs-de-sac and other nonpaved areas not approved for parking. Overnight parking, any time between the hours of 12:00 midnight and 6:00 a.m., shall not be permitted on swale areas; however overnight parking shall be permitted on driveway approach areas if the vehicle does not block the sidewalk. Unlicensed vehicles and inoperable vehicles may only be placed and kept on a lot in a closed garage.

a.

Emergency exceptions to overnight parking for a single vehicle per residence on swale areas may be granted for the temporary parking, no more than 48 hours, under the following circumstances:

1.

Automobile maintenance failure; and

2.

Parking for a home health care professional engaged in the care of a resident of the property.

b.

Upon application to the Town, a hardship waiver to extend overnight parking for a single vehicle per residence on swale areas may be granted by the Administrative Official in compliance with the following provisions:

1.

Health care professional. Extended overnight parking (more than 48 hours) may be granted for a home health care professional engaged in the care of a resident of the property upon the provision of a medical prescription for home health care services or other affidavit from a licensed medical professional documenting the need for home health care for a resident of the property.

2.

Direct family member. Extended overnight parking (more than 48 hours) may be granted for a person living in the household and interrelated by blood, marriage or legal adoption, occupying a dwelling unit designed as a single-family use.

3.

No extended overnight parking hardship waiver may be issued unless all other available parking spaces including the garage and driveway approach are already utilized for parking.

4.

Upon provision of an extended overnight parking hardship waiver for parking on the swale, the overnight parking of the vehicle shall be limited to the swale area directly in front of the principal residence.

c.

Overnight parking, between the hours of 11:00 p.m. to 6:00 a.m. on swale areas shall be strictly forbidden. Vehicles parked overnight in swale areas will be subject to the imposition of a civil fine or code compliance citation.

d.

The use of any such swale area by any party in contravention of the provisions of this section shall be subject to the code enforcement provisions and procedures set forth in the Town Code of Ordinances and the provisions of the Miami-Dade County Code of Ordinances and State law applicable to such unauthorized use.

(2)

The maximum driveway approach width shall be 20 feet, measured at the property line. In the case of a circular driveway, the total combined width of both approaches shall not exceed 30 feet, measured at the property line. In case of single-family lots that are 50 feet or less in width, the maximum driveway approach for a single driveway configuration, shall be calculated as 60 percent of the width of the lot. Where there is a sidewalk and/or swale present between the property line and the roadway pavement, an approach may also include an additional flare area between the property line and the paved roadway area. If utilized, each flare shall be no wider than two and one-half feet where it meets the roadway pavement, and shall be curved. The curve shall begin no more than half of the distance between the sidewalk (or property line if either the swale or sidewalk is not present) and the roadway pavement, and shall be a constant, gradual curve. Where a flare is utilized, the maximum driveway approach width shall be 25 feet at the paved roadway and 20 feet at the property line. Where a flare is utilized in the case of a circular driveway, the total combined width of both approaches shall not exceed 40 feet at the paved roadway and 30 feet at the property line. In cases of atypical configurations, the Administrative Official may interpret this subsection to achieve the intended result. However, a driveway approach shall be no closer than ten feet to the base of a swale area tree that is existing or scheduled to be planted, unless the Town Arborist determines that in his professional opinion, the particular tree can grow properly with a smaller separation. Paved driveway areas (excluding approaches) for any garage, including three-car garages, shall not exceed 30 feet in width.

(3)

Driveways and parking spaces in the front or side yard shall be set back a minimum of five feet from an interior side property line. For zero lot line developments the driveways and parking spaces shall be set back a minimum of zero feet from the zero lot line side and a minimum of four feet from the opposite side property line. For all corner lots, the driveways and parking spaces located in the front or side yard shall comply with the required street side setbacks for the main structure, except to cross the setback as needed to provide direct access from the street to the garage. Driveways are not permitted in the side yard except as needed to provide access to a functioning side yard facing garage.

(4)

On corner properties when a driveway is located perpendicular to a side facing the street, the driveway or parking space shall be set back 20 feet from the rear property line and 20 feet from the front property line.

(5)

Driveways and parking spaces parallel to a front property line or side property line facing a street shall be set back five feet from the front or side street property line.

(6)

The maximum impervious area permitted for driveways, walkways, porches, decks, etc., in the required front and side yards facing a street shall be 60 percent for each yard, unless a permeable paver, turfstone or other such permeable paving material is used for the totality of the yard, in which case it shall be 70 percent provided that:

a.

The permeable paving material is installed following manufacturer's specifications for maximum permeability or over a layer gravel and sand; and

b.

On single family properties a minimum setback of five feet on each side is maintained and heavily landscaped with native grasses and bushes;

c.

On zero lot line properties a four-foot minimum setback on the zero lot line side is maintained and heavily landscaped with native grasses and bushes;

d.

On townhome properties a total of four feet is maintained between adjacent driveways and is heavily landscaped with native grasses and bushes.

(LDC 2008, Div. 5.8; Ord. No. 08-102, § 2(Div. 5.8), 6-17-2008; Ord. No. 14-176, § 2, 10-14-2014; Ord. No. 20-259, § 2(Exh. A), 4-21-2020; Ord. No. 21-281, § 3(Exh. A), 7-13-2021; Ord. No. 22-290, § 2, 3-8-2022)

(a)

This Subsection (a) applies to all districts.

(1)

Appearance.

a.

The framework or structural supports for any permitted fence, wall or enclosure shall face the interior of the lot; or in the case of a double-faced fence, wall or enclosure, it shall have an identical design on both sides, so that the exterior of such improvement shall have a finished appearance. Each side of a CBS wall shall be completely finished with stucco and paint. Each side of a decorative masonry wall shall be completely painted. Chainlink fences must be either vinyl coated or covered by a hedge. Slats of vinyl, plastic or similar material shall not be permitted to be inserted or weaved into the chainlink fences.

b.

If a wall or fence is to be placed on a shared property line, consent for access must be obtained from the adjoining property owners prior to finishing the opposite side of the wall. If such consent cannot be obtained, the property owner erecting the wall must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing addresses as listed in the most current Miami-Dade County tax roll, and the mailing was returned undeliverable or the adjacent property owners failed to respond to the request within 30 days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall.

c.

Barbed wire fences and barbed wire topped fences or walls shall be permitted only in the AU and IU Zoning Districts. When mounted on top of fences or walls such barbed wire must be placed on an angle extension of not more than 16 inches on top of walls or fences at least eight feet in height. This extension shall contain no more than three strands of barbed wire and shall not extend over official rights-of-way or over property under different ownership. Fences charged with electricity shall not be permitted within the Town limits. Neither shall any wall, fence or similar structure erected in any district contain material or substance such as broken glass, spikes, nails or similar materials designed to inflict pain or injury on any person or animal.

(2)

Measurement of height.

a.

The height of a wall or fence shall be the average vertical distance measured from the elevation of the property where the wall or fence is located to the top of the wall or fence. Average vertical distance shall be determined by taking elevations along both sides of the wall or fence line, except where a wall or fence is parallel to a street and within the required setback from said street for a principal structure, in which case the elevations shall be taken only along the street side of the wall or fence. Elevations shall be taken at five-foot intervals and totaled and then divided by the total by the number of elevations which were taken. The maximum permitted height of a wall or fence on a property shall be measured from the natural height and contours of the land. Virgin land may not be increased or decreased in elevation to affect the permitted (or required) height of a wall, hedge or fence. A fence or wall shall not exceed the maximum permitted height when measured from the adjoining property.

b.

Fences, walls, gates or columns not located within the required yards may be constructed up to the maximum permitted height for the primary structures of the zoning district in which the property is located.

(3)

Corner visibility. No structure, fence or wall which obstructs sight lines at elevations between 2.5 and eight feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the outer edge of the paved streets extended and a line connecting them at points 25 feet from the intersection of the extended street lines. The same height sight-line limitations shall apply on any lot within ten feet from the intersection of a street right-of-way line with the edge of a driveway pavement. Waivers of the corner visibility requirements may be administratively approved by the Public Works Director.

(4)

Perimeter walls surrounding subdivisions.

a.

Walls surrounding subdivisions and abutting zoned or dedicated rights-of-way shall comply with Section 13-308(b)(16), pertaining to platting.

b.

Any changes, alterations, or modifications of any kind to an existing perimeter wall surrounding a subdivision, or construction of a new or replacement perimeter wall, shall require site plan review and approval. Exterior surfaces of perimeter walls shall be of uniform colors to be determined by the homeowners association, or by the Town pursuant to color guidelines to be adopted by the Town Council, and the perimeter walls shall be maintained by the homeowners association or property owner if an association does not exist.

c.

Walls surrounding subdivisions and abutting zoned or dedicated rights-of-way shall be consistent with respect to height, design and color along the entire frontage on the same side of the zoned or dedicated right-of-way, except where interrupted by an intersecting street. Where a subdivision wall along a zoned or dedicated right-of-way has been established, any new or replacement subdivision wall along the same side of the right-of-way shall match the existing wall in height, design and color except where interrupted by an intersecting street.

(5)

Temporary construction fences. A construction fence, to secure a construction site, on a site in a residential or nonresidential zoning district may be approved by the Administrative Official in any required setback or yard in conjunction with a temporary certificate of use. Said fence approval shall be valid for a maximum of 180 days in connection with a valid building permit. However, a construction fence approval may be extended by the Administrative Official for a second 180-day period provided that the building permit application has not expired.

(b)

This Subsection (b) applies to single-family and two-family residences.

(1)

Location restrictions.

a.

No fences, walls or gates shall be permitted within a required front yard, side, or rear yard facing a street, except as provided in this section. However, perimeter walls surrounding subdivisions which are approved through the site plan review process are permitted along sides facing a street or rear yards facing a street and shall comply with Section 13-308, pertaining to platting, as applicable.

b.

In zero lot line developments, where a side and/or rear yard faces a street, a fence or wall shall may be permitted, with a zero setback, along the required side and rear yard property line facing a street, set back a minimum of 20 feet from the front property line, or even with the actual front setback of the portion of the house nearest to the side street yard, if other than 20 feet. Any such fence or wall shall comply with the corner visibility requirements of Subsection 13-1509(a)(3).

c.

In non-zero lot line developments, where a side and/or rear yard faces a street, a fence or wall shall be permitted along the required side and rear property line facing a street, with a setback of one and one-half feet, provided that:

1.

The property is located in one of the following two areas: west of the Palmetto Expressway and north of NW 154th Street; or, west of the Palmetto Expressway, south of 154th Street and west of NW 87th Avenue.

2.

The property owner installs and maintains a hedge between the property line and the fence or wall, to be maintained at a height of at least four feet but not higher than the height of the fence or wall, except where a higher hedge may be allowed pursuant to Subsection 13-1701(a)(4)e.; and

3.

Any such fence or wall shall be set back at least 25 feet from the front property line, or even with the actual front setback of the portion of the house nearest to the side street yard, if other than 25 feet.

4.

Any such fence or wall shall comply with the corner visibility requirements of Subsection 13-1509(a)(3).

d.

On properties abutting lakefronts, fences or walls or rocks arranged to form a fence or wall or objects which restrict access or block views from adjacent properties are not permitted beyond the top of the slope toward the lake, or waterside of the survey tie line.

(2)

Height.

a.

Where permitted, the maximum height of all fences, walls or decorative columns located within a required yard shall be six feet. Decorative open see-through type gates and decorative columns that are not more than 16 inches wide and spaced a minimum of eight feet apart, shall be permitted to exceed the maximum permitted height of the wall by 18 inches.

b.

Hedges along interior and rear property lines and outside of the required front yard, may extend an additional two feet above the maximum allowed six feet, to a maximum of eight feet.

c.

Height between different districts. Where an RU District abuts another district, a fence or wall on the RU property may be erected or maintained on the common property line at the height permitted in the abutting district.

(c)

Height where residential use abuts a differing use. Wherever any portion of a residential use rear or interior side property line abuts either a commercial, office, industrial use or multifamily residential use, a masonry wall, opaque fence or hedge of up to eight feet in height shall be permitted.

(d)

Height in AU and GU Districts. In AU and GU Districts, the height of any fence, wall or hedge shall not exceed six feet when located within the required front or side street setback areas; at other points in such districts, fences, walls or hedges shall not exceed eight feet in height. The Director may authorize hedges of a greater height for windbreaks for groves when necessary to protect same.

(e)

Height in BU and IU Districts. In the BU and IU Districts, the height of any wire fence shall not exceed eight feet when located within the required front or side street setback areas; when located between the building line and other property lines, not to exceed eight feet in height. Walls and hedges, when located within the required front and side street setback areas shall not exceed four feet in height; when located between the building line and other property lines, walls and hedges shall not exceed eight feet in height.

(f)

IU Districts, fence in lieu of wall. In IU Districts, a wire fence shall be permitted in lieu of a masonry wall as required in the Industrial Districts under the following conditions:

(1)

That the property concerned is zoned industrial and the adjacent property, either abutting on or across the street from where the fence is to be erected is zoned industrial.

(2)

The storage within such fences be limited to vehicles, equipment and new materials.

(3)

That all required parking be excluded from the fenced-in area, unless otherwise approved by the Director.

(4)

Where abutting property is other than industrial, or where the property on the street opposite the industrial site concerned is zoned other than industrial, a concrete wall will be erected as otherwise provided for in this chapter.

(LDC 2008, Div. 5.9; Ord. No. 08-102, § 2(Div. 5.9), 6-17-2008; Ord. No. 13-155, § 2(Exh. A), 3-12-2013; Ord. No. 13-156, § 2, 4-23-2013; Ord. No. 14-171, § 2, 7-8-2014; Ord. No. 19-253, § 2(Exh. A), 12-10-2019)

For all districts, the following may project into a required yard for a distance not to exceed 40 percent of the required setback up to a maximum of five feet:

(1)

Chimneys.

(2)

Cornices.

(3)

Unenclosed balconies open on three sides.

(4)

Roof overhangs.

(5)

Window and wall air conditioning units.

(6)

Bay windows, with a maximum width of six feet, which do not extend the floor space.

(7)

Ornamental features that do not extend interior living space.

(8)

Awnings as provided in Section 13-1505.

(9)

Canopies as provided in Section 13-1506.

(LDC 2008, Div. 5.11; Ord. No. 08-102, § 2(Div. 5.11), 6-17-2008)

(a)

Television and radio antennas. All radio and television antennas shall be placed behind the front elevation or side street elevation and shall not extend more than five feet above the highest roof line or five feet above the height limit in the district in which is it located. If detached from the residence the antennas shall not be located within the required rear or side yards.

(b)

Satellite dish antennas (SDA). The standards of this section pertain to privately owned satellite dish antennas and are intended to enable clear television reception for the private use and enjoyment of the dish owner.

(1)

Definition. A satellite dish antenna (SDA) shall be defined as a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow parabolic dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations and satellite microwave antennas.

(2)

Measuring an SDA. The diameter of an SDA shall be measured to the outermost part of the SDA. The height of an SDA shall be measured from natural grade to the top of the SDA fastened in a vertical position. The setback of an SDA shall be measured from the property line to the nearest portion of the SDA fastened in a horizontal position.

(3)

Permits and exceptions. Unless preempted by federal law, no SDA shall be erected unless a building permit is first obtained from the Building Department. Under current federal law no permit is necessary for SDAs measuring less than one meter (39.37 inches) in diameter when placed as an accessory use to any single-family residence, two-family residence or townhouse unit, or less than two meters (78.74 inches) in diameter when placed as an accessory use to any permitted business, industrial, office or multifamily use.

(4)

Satellite dish antennas (SDA) exempt from permit by federal law shall only be mounted on the side or rear walls of principal buildings or on the roof and shall not extend more than five feet above the highest roof line.

(5)

Satellite dish antennas (SDA) which are not exempt from permit by federal law shall comply with the following:

a.

As an accessory use to any single-family residence, two-family residence or townhouse, one ground-mounted detached SDA is permitted per dwelling unit subject to all the location and height requirements of accessory structures (located in rear yard only, 15 feet maximum height, minimum five-foot setback from the rear and side property lines).

b.

As an accessory use to any single-family residence, two-family residence or townhouse, one roof-mounted or wall-mounted SDA (a satellite dish that is attached to the side of a building and projects over the roof is considered to be wall-mounted or roof-mounted) is permitted per dwelling unit in lieu of a ground-mounted SDA, subject to all the following conditions:

1.

A certified engineer's report reflects that clear reception of all satellite transmissions is not possible with a ground-mounted SDA under Subsection (b)(5)a of this section;

2.

The SDA shall be mounted on the rear or interior side wall of the principal building or on the roof to the rear of the actual front building line;

3.

The SDA shall not exceed ten feet in diameter;

4.

The height of the proposed installation shall not exceed the maximum height restriction imposed upon principal uses within the underlying zoning district;

5.

All cables attached to any structure shall be placed in a workmanlike manner.

c.

As an accessory use to any business, office or multifamily use, ground-mounted SDAs are permitted subject to all the following conditions:

1.

The ground-mounted SDA shall not exceed 16 feet in diameter;

2.

All installations shall comply with the principal building setback requirements specified within the underlying zoning district. The ground-mounted SDA shall be located behind the actual front and side street building line;

3.

No ground-mounted SDA shall project beyond the height of the tallest principal building on the lot on which it is erected.

d.

As an accessory use to any business, office or multifamily use, roof- or wall-mounted SDAs are permitted, in lieu of ground-mounted antennas, subject to all the following conditions:

1.

The SDA shall not exceed 16 feet in diameter;

2.

Each SDA must be mounted on the roof to the rear of the front building line or on the rear or non-street side wall of the principal building;

3.

The height of the SDA shall not exceed 17 feet above the height of the principal building on which it is placed.

e.

SDAs are permitted as an accessory use in any Industrial District (IU) subject to compliance with the principal building setback requirements within the underlying zoning district. In Industrial Districts (IU) abutting or across the street from a residential district, SDAs must also comply with all conditions of Subsections (b)(5)c and d of this section.

f.

Signage of any type other than the manufacturer of the dish is prohibited on SDAs.

g.

Notwithstanding the provisions contained in this section to the contrary, the Administrative Official shall have the discretion to administratively modify setback requirements when it can be demonstrated through a certified engineer's report that compliance with such setback requirements would hinder clear reception of signals. In such instances, the Administrative Official:

1.

May require that the SDA be buffered with landscaping or screened from view, providing such buffering or screening does not interfere with clear reception;

2.

Shall ensure that the modification is within the spirit and intent of this section; and

3.

To the extent possible shall ensure that the SDA installation is compatible with the appearance and character of the neighborhood.

(LDC 2008, Div. 5.12; Ord. No. 08-102, § 2(Div. 5.12), 6-17-2008; Ord. No. 08-107, § 3(Div. 5.12), 10-21-2008)

(a)

For single-family and two-family residences the following regulations shall apply:

(1)

Swimming pools, whirlpools, and hot tubs including aboveground hot tubs may be located within a required side or rear yard with the following setbacks:

a.

Rear, 7.5 feet (five feet for zero lot line developments).

b.

Side, 7.5 feet (five feet for zero lot line developments).

c.

Side facing a street, 15 feet.

(2)

The setbacks for swimming pools shall be measured from the edge of the water; however, for aboveground whirlpools, hot tubs or spas the setback shall be measured from the outer edge of the enclosure.

(3)

The edge of the water of swimming pools shall be no closer than 18 inches to any enclosure, walls and fences.

(4)

Swimming pool screen enclosures and swimming pool decks may be located within a required side or rear yard with the following setbacks:

a.

Rear, five feet (three feet for zero lot line developments).

b.

Side, five feet (four feet for zero lot line developments).

c.

Side facing a street, 15 feet.

(b)

For all other uses and districts, swimming pools, hot tubs, screen enclosures and pool decks shall not be permitted within any required yards.

(c)

Safety barrier for swimming pools; all districts.

(1)

Required for final inspection of pool. No final inspection and approval for a swimming pool shall be given by the Town, unless there has been erected a safety barrier as hereinafter provided. No pool shall be filled with water unless a final inspection has been made and approved, except for testing purposes as may be approved by the Administrative Official.

(2)

Types permitted. The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall or other materials, so as to enable the owner to blend the same with the style of architecture planned or in existence on the property.

(3)

Height. The minimum height of the safety barrier shall be not less than four feet.

(4)

Location of barrier. The safety barrier shall be erected either around the swimming pool or around the premises or a portion thereof on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Pools located in enclosed structures or on the roofs of buildings shall not require the installation of barriers as required herein.

(5)

Gates. Gates shall be of the spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(6)

Permits. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of this chapter. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier, provided, however, that in lieu of the permit for a safety barrier, a written statement from the owner certifying that he understands and agrees that the pool cannot be used or filled with water until a permit has been obtained for an approved safety barrier and such barrier erected, inspected and approved will be acceptable. This certification, however, will not eliminate the need for obtaining a permit and erecting an approved barrier prior to final inspection and use of the pool. If the premises are already enclosed, as hereinbefore provided, permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier and gates are proven to be satisfactory.

(7)

Wooden fences. In the wooden type fence, the boards, pickets, louvers, or other such members shall be spaced, constructed, and erected so as to make the fence nonclimbable and impenetrable.

(8)

Walls. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

(9)

Wire fences (chainlink). Wire fences shall be the two-inch, either vinyl coated or covered by a hedge, chainlink or diamond weave nonclimbable type, or of an approved equal, with top rail. They shall be of a heavy, galvanized material.

(10)

Refusal of permit. It shall be within the discretion of the Administrative Official to refuse approval of a barrier which, in his opinion, does not furnish the safety requirements of this section, i.e., that is high enough and so constructed to keep the children of preschool age from getting over or through it.

(11)

Maintenance. It shall be the responsibility of the owner and/or occupant of the premises upon which the swimming pool is hereafter erected to maintain and keep the required safety barrier in proper and safe condition and erected in accordance with this division.

(12)

In addition, all requirements of the Florida Building Code shall apply and should any of the swimming safety barrier provisions in this section be in conflict with the current Town Building Code or Florida Building Code, the most restrictive requirements shall apply.

(LDC 2008, Div. 5.13; Ord. No. 08-102, § 2(Div. 5.13), 6-17-2008)

(a)

For single-family residences.

(1)

Tennis courts shall not be permitted within the required front yard and shall comply with the setbacks required for accessory structures in a side or rear yard.

(2)

The maximum height of fences associated with tennis courts shall be ten feet and all chainlink fences shall be vinyl coated with black or green material.

(3)

Landscaping when associated with tennis court fences shall be permitted to equal the height of the fence.

(4)

The maximum height of light fixtures associated with tennis courts shall be ten feet when located within a required side or rear yard; otherwise they may not exceed 20 feet in height. The lights shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half footcandle (vertical) and shall not exceed one-half footcandle (horizontal) illumination on adjacent properties or structures.

(b)

For all other districts and uses, tennis courts shall not be permitted within any required yards.

(LDC 2008, Div. 5.14; Ord. No. 08-102, § 2(Div. 5.14), 6-17-2008)

The height regulations as prescribed in this chapter shall not apply to the following when located on the roof of a structure or attached to the main structure:

(1)

Single-family, two-family and townhouse residences.

a.

Chimneys may extend three feet above the height limit in the underlying district.

b.

Antennas and satellite dishes as per Section 13-1511.

(2)

All other districts.

a.

Airplane beacons, belfries, chimneys, church spires/steeples, cooling towers, cupolas, domes, elevator bulkheads and shafts and enclosures for mechanical equipment, fire towers, flagpoles, monuments, parapet walls extending not more than five feet above the height of the building on which it rests, radio and television antennas, roof structures used only for ornamental purposes providing they do not exceed ten percent of the roof area on which they stand, smokestacks, stage towers or scenery lofts, water towers, and structures used in connection with screening of antennas.

b.

The above rooftop items in Subsection (2)a of this section, unless specified, may exceed the maximum height of the underlying zoning district in which they are located by a maximum of 15 feet. When any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district.

(3)

Notwithstanding other provisions of these regulations, the height of all structures and natural growth shall be limited by the requirements of the Federal Aviation Administration and any airport zoning regulations applicable to the structure and natural growth.

(LDC 2008, Div. 5.15; Ord. No. 08-102, § 2(Div. 5.15), 6-17-2008)