7.22.01 Easements.

Unless otherwise provided for in this land development code, no structure can be constructed or erected on or within a recorded easement, exclusive of portable items which can easily be removed such as, but not limited to, playground equipment and lawn furniture.

7.22.02. Impervious surface area.

Unless otherwise specified in this code, no more than sixty (60) percent of residential lots and seventy (70) percent of commercial lots shall be covered with paving or other types of impervious surfaces, including structures. A waiver to this requirement can be granted by the city council.

7.22.03. Orientation of structures.

All newly-constructed buildings, whether commercial or residential, which are built on property that is adjacent to a dedicated street shall be built so that the primary facade, as herein defined, is parallel to the street. The primary facade of a structure shall be the exterior face of a building that is the architectural front. The primary facade shall contain the primary entry of the structure and shall be facing the street. Where a building faces one or more streets, the primary facade shall be oriented so that it faces the street that is designated with the street number and address of the structure. The primary facade of the structure shall not face an alley, easement or other right-of-way other than a public street.

7.22.04. Regulation of murals.

1.

Definitions. The following definitions apply to this section:

Commercial shall mean concerned with, or related to, commerce or a business.

Mural shall mean any non-commercial picture or graphic design painted on, or otherwise applied to, the exterior of a building or structure or painted on, or otherwise applied to, the interior or exterior of a window.

Non-commercial shall mean not having a relationship to a commercial objective.

2.

Applicant information. No person shall create a mural without first obtaining an approval from the City Council. Applicants shall provide the following information to the City Manager:

a.

The name and address of the applicant;

b.

The name and address of the building or structure owner;

c.

The full legal description of the subject property;

d.

The street address of the subject property;

e.

A drawing, sketch, photograph or graphical representation showing the proposed location of the mural;

f.

A drawing, sketch or graphical representation of the proposed mural;

g.

A description of the proposed mural, including dimensions, colors, a description of the type and quality of paint and top coat to be used on the proposed mural, or if application of media other than painting is proposed, the method of application and materials to be used, and a description of the procedures for preparation of the wall on which the mural is to be located;

h.

Owner's notarized signature authorizing the specific proposed mural on the subject building or structure.

3.

Review procedure. All proposals will be reviewed by the Main Street organization design committee or other similar advisory board assembled for the purpose of conducting a technical review of the mural proposal. The technical review shall include, but shall not be limited to, an analysis of the preparation of the wall on which the proposed mural shall exist, the type and quality of paint and top coat to be used on the proposed mural and whether the mural complies with all of the requirements of this section. The recommendation shall not be based on the content of the mural that otherwise complies with all of the requirements of this section. The committee shall submit its analysis and recommendation to the City Council within thirty (30) days of submission of the proposal to the City Manager's office. The City Council shall approve or deny the proposal for a mural within sixty (60) days of submission of the proposal to the City Manager's office, based on its compliance with the requirements of this section. The decision to approve or deny the mural shall not be based on the content of a mural that otherwise complies with all of the requirements of this section.

4.

Mural location. Murals shall only be located within the area designated with the Downtown and Downtown Core Future Land Use Categories on the Future Land Use Map of the City's Comprehensive Plan.

5.

Subject matter. Murals shall depict images, including but not limited to those that relate to either the history or culture of the City of New Port Richey or of its sister City or of West Pasco County or to the natural environment of any of them. Text, including the artist's signature, is limited to two percent of the total mural area.

6.

Maintenance and preservation. Once a mural is complete, the owner of the building on which the mural is installed shall be required to maintain and preserve the mural. This duty includes taking measures to prevent fading, peeling, bubbling or other noticeable wear; repairing any damage including, but not limited to, graffiti; and keeping the mural reasonably clean and in a good and presentable state. Failure to comply with the requirements of this section shall constitute a violation of the City Code subjecting the owner to code enforcement proceedings.

7.22.05 Outdoor displays.

1.

Purpose. The purpose of this section is to provide for appropriate design and location of outdoor displays and to mitigate any adverse impacts that such uses may have on adjacent properties, rights-of-way, and the public.

2.

Definitions. The following definitions apply to this section.

a.

Outdoor display area. Any area outside of a fully enclosed building used by any business for display of merchandise or goods available for purchase or rent.

b.

Business. A single enterprise or group of enterprises housed within a single building which utilize the same street frontage. For the purposes of this section, units within a multiple occupancy building that have individual frontage shall each be considered a separate business.

3.

Outdoor display area standards in commercial districts. Outdoor display areas shall be permitted in the Highway Commercial, C-1 Light General Commercial, and C-2 General Commercial zoning districts where the following standards are met:

a.

An outdoor display area shall be allowable only as an accessory use to the primary use of the business;

b.

All merchandise on display shall be wholly located on the parcel on which the principal use and building are located and shall only be displayed along a single facade wall;

c.

All merchandise within an outdoor display area shall be merchandise sold or rented by the business which is the principal use of the parcel or building;

d.

No outdoor display area shall be rented or allowed to be utilized by a business, person or entity other than the business which is the principal use of the parcel or building where the display is located;

e.

All merchandise within an outdoor display area shall only be allowed to remain in said area during the hours the business of the principal use is open for business;

f.

The outdoor display area shall be limited to an area that is no greater than fifteen (15) percent of the total floor area of the business that comprises the principal use of the building or parcel;

g.

The outdoor display area shall extend no more than one-third (⅓) of the length of the facade of the building along which the display is located and no more than five (5) feet in depth as measured horizontally from the front door of the building;

h.

The outdoor display area shall not block sidewalks or parking areas and shall not impede pedestrian or vehicle circulation;

i.

No outdoor display area merchandise shall be placed in designated fire lanes, emergency exits, loading/unloading zones or public rights-of-way;

j.

No outdoor display area shall utilize any required open space, parking spaces, public sidewalks, landscape areas or buffers;

k.

No outdoor display area shall be located within five (5) feet of any building entrance;

l.

No merchandise with an outdoor display area shall be located within five (5) feet of any fire department connection;

m.

No merchandise within an outdoor display area shall be stacked or placed in a manner that any portion of the display exceeds four (4) feet in height above the surface upon which the items are located; provided however, items that exceed four (4) feet in height may be displayed without being stacked if the same are properly secured so as not to topple over or be displaced by wind;

n.

Outdoor display areas shall be kept free of garbage and other debris;

o.

No business shall have more than two (2) outdoor display areas;

p.

The short-term sale of agricultural products that are seasonal in nature, including Christmas trees, pumpkins, produce and similar items are subject to approval from the city planning and development department on a temporary use permit;

q.

Acceptance of payment for goods or services within an outdoor display area shall not be permitted, except for activities through a temporary use permit hereunder or for vending machines (e.g., ice, water, soda, snacks, digital video discs) and propane gas sales;

r.

No outdoor display area shall be located upon a rooftop or balcony;

s.

No appliances including, but not limited to, ice boxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers, microwaves and televisions shall be located within an outdoor display area;

t.

All outdoor display areas shall be located upon a hard and durable surface; and

u.

No storage racks shall be allowed in an outdoor display area unless the same are displaying merchandise on at least eighty (80) percent of the merchandise display area thereof.

4.

Outdoor display area standards in the Downtown Zoning District. Outdoor display areas shall be permitted in the Downtown Zoning District where the standards set forth in this subsection are met.

a.

Purpose. A pedestrian friendly downtown district incorporates the use of outdoor merchandise displays as part of the overall urban environment. Displays can contribute to the overall appearance of the district, enhance the pedestrian experience and increase prosperity for business owners. Vibrant urban storefronts are essential in the creation of an attractive and dynamic dining, shopping, and leisure experience.

b.

Permit and review. A permit shall be required for all outdoor displays areas and a revocable license agreement shall be required for outdoor display areas, or parts thereof, located on public property. The procedures for application and review of permits for outdoor display areas shall be as follows:

(1)

The permittee shall submit an application to the city on a form prepared by the development department;

(2)

The development review committee (DRC) shall review all applications and shall issue a permit upon finding the application is in conformity with the standards set forth in this subsection; and

(3)

An outdoor display area permit shall be issued only as an accessory use to the primary use of the business.

c.

Specific standards. Each outdoor display area in the Downtown Zoning District shall comply with the following standards:

(1)

The maximum number of outdoor display areas allowed shall not exceed two (2) per street frontage, so long as there is public access on such street frontage;

(2)

Each outdoor display area shall maintain a minimum distance of three (3) feet from each side of the entrance into the building and shall not extend beyond each end of the building frontage;

(3)

The size of the outdoor display area shall not exceed a width along the building frontage of forty (40) percent of the building frontage, and shall not exceed a maximum width of twenty (20) feet for each business and a depth of three (3) feet;

(4)

The height of the outdoor display area shall not exceed three (3) feet when placed in front of a window. The height may be extended to five (5) feet with approval from the Development Review Committee provided there is no hazard to public safety.

(5)

The height of the outdoor display area shall not exceed a height of five (5) feet when placed along a solid wall;

(6)

All merchandise shall be placed in a manner so as to not be a safety or public health hazard or public nuisance, nor be in danger of toppling over;

(7)

The outdoor display area components shall be strong, durable and designed for commercial outdoor use, must be able to withstand high winds, shall not contain parts that are likely to cause damage to the sidewalk or create a trip hazard for pedestrians, and shall not be constructed primarily of plastic;

(8)

The design, materials and colors used for the outdoor display area shall complement the architectural style and colors of the building and shall be compatible with the character of the Downtown Zoning District;

(9)

All merchandise shall be maintained in a neat and orderly appearance within the outdoor display area and shall not spill over onto sidewalk or other area;

(10)

No additional signage is permitted within an outdoor display area, and no merchandise or display units shall be used as signage nor have any signage attached thereto;

(11)

Price tags placed within the outdoor display area shall be no larger than five (5) square inches in size and shall be affixed to the merchandise therein;

(12)

An adequate pedestrian right-of-way along any sidewalk along, within, or adjacent to the outdoor display area of no less than four (4) feet in width shall be maintained at all times;

(13)

Sales transactions may be conducted outdoors, unless the conducting of sales transactions outdoors creates a nuisance or impedes access to public walkways; and

(14)

All merchandise shall be removed from the outdoor display area at the close of business each day.

d.

Revocation or suspension of permit. Any outdoor display area permit issued under this subsection may be revoked or suspended, upon a notice from the city manager to a permittee that any of the following exist:

(1)

The permittee has not complied with all of the terms and conditions of an applicable revocable license agreement required of the permit;

(2)

The business for which the permit was issued is no longer operational;

(3)

The outdoor display area constitutes a public nuisance; or

(4)

The outdoor display area is in violation of any requirements of this section.

5.

Outdoor display areas prohibited. Outdoor display areas shall be prohibited in all zoning districts of the city other than as specifically authorized in this section.

6.

Temporary outdoor display areas. Any business within a zoning district where outdoor display areas are allowed under this section shall be allowed to have a temporary outdoor display area that does not meet the standards set forth in this section, so long as the following standards are met:

a.

A temporary outdoor display area permit shall be obtained from the city, without a fee, or upon payment of such fee that may hereafter be imposed by the city council on such permits by resolution;

b.

No business shall obtain a temporary outdoor display area permit more than two (2) times in any twelve-month period;

c.

The temporary outdoor display area permit shall only allow the temporary outdoor display area for a continuous period of up to seventy-two (72) hours;

d.

The temporary outdoor display area permit application shall provide a detailed description of the temporary outdoor display area, including the location thereof, all merchandise to be displayed therein, and all equipment and facilities to be utilized in the display;

e.

The temporary outdoor display area shall comply with all public safety and fire safety requirements, including ingress, egress and traffic safety deemed necessary by the city manager; and

f.

The city manager may revoke any temporary outdoor display area permit upon a determination that the display constitutes a public safety hazard or unreasonably interferes with the property rights of any adjacent property owners.

7.

Exemption. The outdoor display of motor vehicles, golf carts, vessels, and large construction or other equipment (such as moving company vehicles, excavators, backhoes, bulldozers, graders, wheel tractor scrapers, trenchers, loaders, cranes, pavers, compactors, and dump trucks), by a business principally engaged in and permitted for the sales or rentals thereof, and the outdoor display of plants and trees by a business principally engaged in and operating as a plant nursery, shall be exempt from the requirements of this section. Vending machines (e.g., ice, water, soda, snacks, digital video discs) and propane gas displays shall also be exempt from the requirements of this section.

7.22.06. Prohibited structures.

The following structures are prohibited in all zoning districts:

a.

Shipping containers, except when used as a temporary storage container on a construction site for which an open, valid and unexpired building permit has been issued by the city; and

b.

Mobile homes, except those located in the MHP (Mobile Home Park) zoning district.

(Ord. No. 1330, § 1, 11-30-93; Ord. No. 1345, § 1, 8-30-94; Ord. No. 1790, § § 1, 2, 12-6-2005; Ord. No. 1778, § 1, 2-6-2006; Ord. No. 2016-2090, § I, 8-16-2016; Ord. No. 2020-2193, § I, 12-15-2020; Ord. No. 2021-2216, § 1, 2-16-2021; Ord. No. 2023-2277, § 1, 7-18-2023)