Palm Shores City Zoning Code
SUPPLEMENTARY DISTRICT
REGULATIONS
§ 157.490 BUILDING SETBACK LINES.
(A) For the purpose of promoting health, safety and general welfare of the community, and to lessen congestion in the streets; secure safety from fire, panic, storm, hurricane or other causes; to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; to provide adequate facilities for transportation, parking, water and sewerage; and to conserve the value of buildings and encourage the most appropriate use of land, all properties within the town limits that abut the following roads shall maintain these minimum building setback lines as measured from the centerline of the existing right-of-way:
U.S. Highway 1 | 100 feet |
Wickham Road | 100 feet |
(B) In determining the setback requirements for any building proposed to be erected, the setback requirements specified in division (A) above of this section shall be construed as a minimum setback; and if a greater setback is required under any of the zoning districts, the greater setback requirement shall be enforced.
(2000 Code, § 66-866) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.491 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
(2000 Code, § 66-867) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.492 PARCELS OF LAND DIVIDED BY PUBLIC RIGHT-OF-WAY.
For the purpose of determining building permit requirements, setback requirements and minimum lot sizes, those lots, plots, tracts or parcels of real property titled under common ownership, located within the town, that are separated or divided by a public or private right-of-way, street, road, alley or easement shall be defined as follows:
(A) Where the land area on each side of the public or private roadway or road meets the minimum requirement for lot size in the designated zoning classification, then the landowner shall be deemed the owner of two separate lots, plots, tracts or parcels for the purposes of this chapter. A current survey, dated within 180 days of building permit application submittal, reflecting existing conditions and mean high water line will be required in order to make this determination;
(B) Where the land area on either side of the public or private right-of-way or road fails to meet the minimum requirements for lot size in the designated zoning classification, then the landowner shall be deemed the owner of one lot, plot, tract or parcel for the purposes of this chapter, and the principal structure or dwelling unit shall be located on the side or part having the greater land area; and
(C) In platting new subdivisions or new roads, the land area must meet the minimum lot area requirements on at least one side of the public or private right-of-way or road.
(Ord. 2006-09, passed 5-23-2006) Penalty, see § 157.999
§ 157.493 YARD ENCROACHMENTS.
Every part of every required setback shall be open and unobstructed from the ground to the sky except as follows or as otherwise permitted in this chapter:
(A) Sills or belt courses may project not over 18 inches into a required yard;
(B) Movable awnings may project not over four feet into a required yard, provided that where the yard is less than ten feet in width the projection shall not exceed half the width of the yard;
(C) Chimneys, fireplaces or pilaster may project not over three feet into a required yard;
(D) Fire escapes, stairways and balconies that are unroofed and unenclosed may project not over five feet into a required rear yard, or not over three feet into a required side yard in any residential district;
(E) Overhangs, hoods, canopies or marquees may project not over three feet into a required yard;
(F) Fences, walls and hedges shall be permitted in required yards subject to the provisions established in this chapter;
(G) Accessory parking may be located in a required front, rear or side yard for single-family and two-family dwellings;
(H) In the C-P District, required off-street parking spaces may be located in the front yard except that no parking space shall be permitted within 20 feet of the front lot line;
(I) In the C-1, C-2 and M-1 Districts, required off-street parking space may be located in the front yard except that no parking space shall be permitted within ten feet of the front lot line;
(J) Other than listed above in divisions (G), (H) and (I) above, no required setback area shall be used for any parking space, drive or backout area, except that access drives may cross the setback areas; and
(K) Open, unenclosed porches, platforms or paved terraces not covered by a roof or a canopy, may extend or project into the required side yard area not more than six feet, and into the rear yard not more than 12 feet.
(2000 Code, § 66-868) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.494 ACCESSORY STRUCTURES.
(A) No accessory structure shall be erected in any required front or side yard. For residential uses, the maximum square footage allowed shall be 200 square feet and the height shall not exceed ten feet and only one accessory structure shall be allowed on the lot. For commercial and industrial uses the square footage shall not exceed 900 square feet and the height shall not exceed 20 feet. No separate accessory structures shall be erected within ten feet of any building on the same lot or within 15 feet of any lot line; however, when a commercial or industrial use abuts a residential zoning classification, the setback from the residential zoning shall be 25 feet.
(B) Accessory buildings erected on lots fronting on two streets shall conform to main structure setbacks for the rear yard.
(C) For the purpose of this section, swimming pools are considered as an accessory building, and shall meet the following setback requirements:
(1) At least ten feet to the water’s edge from all lot lines and five feet from any other structures with provisions for a screen enclosure to be allowed seven and one-half feet from the property line; and
(2) There shall always be an enclosure of a permanent nature around the pool not less than four feet high with a doorway that can be locked.
(D) Special requirements for carports. The following provisions shall exclusively apply to carports:
(1) Definition of carport: Any structure, either temporary or permanent, with a roof, supported by columns or posts, and at least two fully unenclosed walls open which is used primarily for the parking of vehicles, boats, trailers, and other means or modes of transportation; equipment and/or materials. Carport floor surfaces shall be of approved noncombustible material. For purposes herein the term WALL shall mean the front, rear and sides of the structure. A carport is declared an accessory structure and unless stated to the contrary the provisions of division (A) above apply.
(2) No part of a carport shall be located to the rear of the principal or main structure. Carports must be attached to the principal or main structure and must meet the same setback requirements as the principal or main structure. Carports shall be constructed simultaneously with, or following, the construction of the principal or main building, and shall not be used until after the principal or main structure has been fully erected. No carport shall be used or converted to living quarters.
(3) Any portion of the carport which abuts a residential zone, a mobile home park or cooperative, or any property currently occupied by a residence, shall provide a vegetative hedge of at least six feet in height when planted with a plant separation of no more than ten inches when first planted and maintained in a sightly condition between the carport and the abutting property.
(2000 Code, § 66-869) (Ord. 75-01, passed 7-14-1975; Ord. 2016-01, passed 3-22-2016) Penalty, see §
157.999
§ 157.495 AIR CONDITIONING UNITS IN RESIDENTIAL DISTRICTS.
In all residential districts, the exhaust or mechanical part of any air conditioning or heating unit, other than window units, shall be subject to side yard requirements except if the unit faces a street or an alley and is located 15 feet or more from an adjoining property.
(2000 Code, § 66-870) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.496 VISION CLEARANCE AT CORNERS, CURB CUTS AND RAILROAD CROSSINGS.
Notwithstanding any part of this subchapter or any permit granted, or any variance granted by the Board of Adjustment, no type of structure, vehicle, tree, planting, vegetation, sign or fence or any type of obstacle or any portion thereof shall be placed or retained in a manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts or railroad crossings in any zone.
(2000 Code, § 66-871) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.498 STRUCTURES TO HAVE ACCESS.
Every building erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all safe and convenient access for servicing, fire protection and required off-street parking. All lots upon which structures are built shall have a minimum width of 50 feet facing a public right-of-way or an approved private right-of-way.
(2000 Code, § 66-873) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.499 PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT.
No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or to the rear of the front building line; however, the equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for the use. The equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times; and the equipment shall have attached, at all times, a current vehicle registration license plate.
(2000 Code, § 66-874) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.500 MINIMUM WIDTH OF COURTS.
The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story buildings, 50 feet for three-story buildings, and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of a court shall be increased by two feet, provided that open unenclosed porches may project into a required court not more than 25% of the width of the court. Where a roadway is provided in the court, the width allowed for the roadway shall be in addition to that required by this section.
(2000 Code, § 66-875) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.501 WATER AREAS.
All areas within the town that are under water and not shown as included within any district shall be subject to all the requirements of the district that immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries.
(2000 Code, § 66-876) (Ord. 75-01, passed 7-14-1975)
§ 157.502 VISUAL SCREENS.
Wherever the boundary of a commercial or industrial zoning district abuts a residential area, except where the commercial or industrial zoning district abuts a public street, a visual screen shall be provided within the yard setbacks of the commercial or industrial zoning district, meeting the following specifications.
(A) The visual screen shall be provided along the entire length of the commercial or industrial zoning district boundary that abuts any residential zoning district. The screen shall be at least eight feet high.
(B) (1) The visual screen shall consist of decorative or ornamental fencing and/or decorative or ornamental trees and shrubs. This visual screen may include a wall or a hedge. It shall be designed and placed in a manner rendering the visual screen opaque within a period of two years after the screen is provided, and shall be maintained in a sightly condition at all times. At the time of installation, a fence or wall shall be finished on both sides.
(2) There shall be a minimum ten foot landscaped strip adjacent to the visual screen with one tree planted for every 50 feet of length of the visual screen boundary. Additional landscape material, grass and ground cover shall, also, be planted within the ten foot strip.
(C) The visual screen requirement may be waived by the Board of Adjustment provided that an alternate landscaping design is provided for a particular use in the commercial or industrial zoning district.
(2000 Code, § 66-877) (Ord. 75-01, passed 7-14-1975; Ord. 2015-04, passed 6-30-2015) Penalty, see §
157.999
§ 157.503 BUILDINGS REQUIRED.
All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. The building shall contain plumbing facilities adequate to serve the needs of the customers and employees of the commercial use.
(2000 Code, § 66-878) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.504 DRIVEWAYS AND CURB BREAKS IN COMMERCIAL DISTRICTS.
The number of curb breaks or driveways for one establishment shall not exceed two for each 150 feet of street frontage and shall be at least 50 feet apart, with the width of each break or driveway being not more than 30 feet nor less than 15 feet, and located not closer than 30 feet from the nearest street intersection. Curb breaks and driveways shall be made or constructed to town specifications and a town permit shall be required and approved by the Building Official prior to breaking of any curb or installation of a driveway on or across any right-of-way. Commercial and/or industrial parcels shall not be permitted to have a driveway exiting onto or access from a local residential street which is the only entrance to a residential subdivision unless there is a recorded developer's agreement permitting such access or the access is permitted by the Community Association accessed by such local residential street.
(2000 Code, § 66-879) (Ord. 75-01, passed 7-14-1975; Ord. 2018-05, passed 9-25-2018) Penalty, see §
157.999
§ 157.505 PROHIBITED USES EAST OF THE EASTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY-1.
Notwithstanding any other provision in this code the following uses are prohibited east of the eastern right-of-way line of U.S. Highway-1:
(A) Massage parlors and therapists;
(B) Arcade amusement centers;
(C) Automotive paint and/or repair shops;
(D) Gas stations;
(E) Convenience stores;
(F) Drug stores;
(G) Liquor sales for consumption on or off premises;
(H) Laundry and dry cleaning;
(I) Drinking establishments;
(J) Automobile sales;
(K) Manufacturing;
(L) Storage or warehousing facilities;
(M) Pawn shops;
(N) Bail bondsman;
(O) Carnivals;
(P) Palm readers;
(Q) Psychics;
(R) Hypno-therapists;
(S) Skate rinks and skate parks;
(T) Acupuncturists;
(U) Hotels, motels and motor courts;
(V) Cemeteries;
(W) Gun and/or ammunition sales;
(X) Construction companies;
(Y) Heavy equipment repairs, storage and/or sales;
(Z) Automobile sales and/or rentals;
(AA) Flea markets;
(BB) Motorcycle sales and/or repair and service;
(CC) Electronic gaming establishments; and
(DD) Adult care facilities as defined in § 157.003 of this code.
(Ord. 2011-06, passed 8-23-2011)
§ 157.506 RIVERFRONT BREEZEWAY/VISUAL CORRIDOR.
The riverfront breezeway/visual corridor as defined in § 157.003 shall apply to all Indian River Lagoon front properties east of U.S. Highway 1, with building construction plans submitted after September 1, 2011. The breezeway visual corridor shall be calculated as the ratio between the minimum side setbacks and/or the distance between structures and the width of the lot. The breezeway width and lot width shall be measured on the same line parallel to the waterfront. The lot width for the purpose of determining the required breezeway shall be established at the location of the principle structure(s) at their widest point. The sum of the breezeway/visual corridors shall accumulate to at least 20% of the width of the lot for properties less than 100 feet in width and 30% of the width of the lot for property's 100 feet or more in width. No buildings, structures, berms or solid fences, or any combination thereof, more than four feet in height shall be permitted in the breezeway/visual corridor.
(Ord. 2011-12, passed 11-1-2011)
§ 157.507 FENCES, WALLS AND ENTRACEWAYS AND RELATED STRUCTURES.
(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT OR ABUTTING PROPERTY. A lot or parcel sharing a common boundary with the lot or parcel in question, or a lot or parcel immediately across a public or private right-of-way or street from the lot or parcel in question.
COMMERCIAL DISTRICT. Any area of the town having the zoning classification C-l. C-2, or C-P in accordance with the land development regulations of the town.
ENTRANCE GATE. A gate designed for ingress and egress for vehicular traffic to and from a lot or parcel that directly connects to the public roadway. Entrance gates may be opened manually or by automated means and may be guided by hinges, tracks, or other means.
ENTRANCEWAY. Columns, poles, walls, arches or other structures that define a point of entry onto a property. The entranceway may or may not have a gate.
FENCE. A vertical row of opaque nonliving material, placed close together or abutting each other in such a manner as to form a boundary or barrier between two adjacent parcels of land. Such amenities as kennels, cages, corals, trellises and related conveniences are not fences for the purposes of this division.
GATE. A rigid structure to open and close in order to allow ingress and egress through a fence or wall. Gates may be opened manually or by automated means and may be guided by hinges, tracks, or other means.
HEIGHT. The distance from existing grade to the top of such fence or wall including post and/or uprights measured on the side facing abutting property.
INDUSTRIAL DISTRICT. Any area of the town having the zoning classification IND in accordance with the land development regulations of the town.
INSTITUTIONAL DISTRICT. Any area of the town having the zoning classification M-1 in accordance with the land development regulations of the town.
OPAQUE. Shall mean that objects located on one side of a fence or wall are not visible from the opposite side when the viewer's line of sight to such object is through such fence or wall.
PERIMETER. Outside boundary of a subdivision or multiple adjoining lots.
RESIDENTIAL DISTRICT. Any area of the town having the zoning classification R-A, R-1AAA, R-1A, or R-2, in accordance with the land development regulations of the town.
WALL. A vertical row primarily composed of masonry materials that are constructed so that less that 50% of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane.
YARD. An open, unoccupied space on the same lot or parcel with a building or buildings, other than a court, which is unobstructed from the ground upwards by buildings or structures.
(B) Height restrictions for fences, walls, gates and related structures in commercial industrial or institutional districts.
(1) Fences, walls, gates, and related structures located, erected, constructed or altered on any property used as or located in a Commercial, Industrial or Institutional District shall be no more than eight feet in height.
(2) Notwithstanding the provisions of this division (B) the provisions of § 157.496 shall take priority.
(C) Height restrictions for fences, walls, gates, entranceways and related structures on residential property shall comply with the following height requirements:
(1) Except as provided in this section, no portion of any fence, wall or gate located between the front building line and the front lot line shall be more than five feet in height and if located to the rear of the front building line shall be no more than six feet in height, provided; however, that any residential lot which abuts commercial, industrial or institutional zoned or used property may erect a fence, wall or related structure up to eight feet in height along the rear and/or side portions of the property which abuts such commercial, industrial, or institutional zone or property.
(2) For any lot or parcel not containing a structure, the requirements of this section shall be applied in the same manner as if a structure had been constructed in accordance with such required yard area or setback as specified within the zoning district requirements.
(3) Except as provided in this section, no portion of any entranceway shall be more than six feet in height.
(4) If a gate is installed to provide ingress and egress to and from property, the gate must be set back at least 15 feet from the property line.
(5) Notwithstanding the provisions of this division (C), the provisions of § 157.496 shall take priority.
(D) Maintenance of fences, walls or related structures. All fences, walls and related structures in the town shall be maintained in good repair and in a structurally sound condition. All such structures shall be maintained to their original specifications.
(E) Materials and design requirements.
(1) Walls and fences shall not prevent necessary access to facilities (easements, refuse containers, alleys and lawn areas) that need to be maintained on a regular basis.
(2) No wall or fence shall cause the collection or ponding of stormwater along property lines. Weep holes of sufficient size and design to assure compliance with the section shall be installed where the foregoing condition would occur.
(3) Posts and stringers required for the support of opaque fences shall not be visible from the side facing any abutting property, for which such fence permit was issued. Posts shall be a treated wood type or wood or material type with a resistance to decay.
(4) All walls shall have a painted surface with struck mortar joints, stucco or other finished surface on the side facing any abutting property for which the permit for such wall was issued.
(5) The following fence types or uses are prohibited:
(a) Electrified wire strands.
(b) Barbed wire. Razor wire or concertina wire, except such fencing material may be permitted at the top of fences or walls erected in commercial or industrial zoning districts.
(c) Chain link.
(d) Other types of fences which are designed to potentially inflict bodily injury or which are constructed of corrodible material or which do not meet the intent or actual standards of this section shall be prohibited.
(e) Fencing of easements. No person shall fence any public utility, public right-of-way, or drainage easement (to include, but not limited to, sewer, water, drainage, gas, cable television, telephone, and electric utilities), unless such person has provided adequate access for any purpose necessary to access the easement, right-of-way, and the like. Access shall be provided so that no fence will have to be cut or any wall removed to install, maintain, repair or replace any utility. Any landscaping and fencing within the easement shall be relocated by or at the expense of the property owner if required.
(F) Permit required for fence, wall, entranceway and related structures. No fence, wall, entranceway or related structure shall be constructed, erected, replaced or altered between abutting parcels unless a permit therefore has been obtained from the town by the owner of the property on which such fence or wall is to be located, or by some other person duly authorized by such owner. The application for such permit shall be on a form provided by the Building Official and shall be accompanied by drawings showing the proposed location of and the specifications for the type of construction. The Building Official shall deny a permit if he or she believes the proposed structure creates a threat to health or safety. Unless requested otherwise by the applicant, denial of a permit shall create an automatic appeal to the Town Council after consideration and recommendation by the Planning and Zoning Board. Permits are not required for periodic repair and maintenance of an existing fence or wall unless such is more than 50% destroyed by any means. All such issued permits shall contain the following:
"WARNING: The issuance of this permit by the Town of Palm Shores does not relieve the permittee from complying with any Homeowner's Association requirements. Before proceeding with any permitted activities authorized by this permit the permittee should obtain approval from the applicable association."
(G) Permit fee. Permit fees shall be calculated in accordance with adopted resolutions. No permit shall be issued unless and until all fees associated with the permit are paid.
(H) Restriction of fences, walls or related structures on public easements, utility easements and public rights-of-way.
(1) No permanent wall, fence, gate, entranceway, or related structures shall be constructed on any public right-of-way or easement.
(2) A non-permanent fence or gate may be constructed on any public right-of-way or public easement providing the property owner making application for such fence or gate has submitted written permission from any affected property owners and agrees in writing, at the time of application for permit, that the property owner and/or any successors in interest will bear the expense of removal of such fence when access to the public easement is required.
(I) All fences, walls or entranceways shall be constructed in a manner that provides adequate visibility at any public or private right-of-way, easement, driveway or street providing access to such lot or parcel, and at any abutting intersection.
(J) Town Council may authorize non-compliant design specifications only after considering the recommendation of the Planning and Zoning Board. Prior to approving subject structure the Town Council shall render a finding that the structure is safe and visually compatible within the area.
(K) Special fence, wall and related structure provisions.
(1) Property Fronting Highway US 1. For any property whose frontage is along Highway US 1, any fence which is proposed to be constructed along such frontage and which is visible from the right-of-way of Highway U.S. 1 shall be opaque.
(2) Notwithstanding the provisions of this section, no fence, wall or related structure shall be erected in violation of § 157.506.
(3) The provisions of this code shall not apply to any fence, wall or related structure erected by the Florida Department of Transportation.
(L) Grandfather clause. The provisions of this section shall not apply to any fence, wall or related structure that was erected pursuant to a permit issued by the town or a permit that was pending before the town prior to the effective date of this section. However, in the event that any fence, wall or related structure is more than 50% destroyed by any means then the entire fence, wall or related structure shall only be reconstructed in accordance with this section. In determining the calculation of the 50% requirement the total lineal feet of the fence, wall or related structure as depicted on the approved permit on file with the town shall be divided by a denominator of two.
(Ord. 2013-02, passed 3-26-2013; Ord. 2022-05, passed 11-22-2022)
§ 157.509 ADDITIONAL YARD REQUIREMENTS ABUTTING RESIDENTIAL AREAS.
Whenever a commercial or industrial zone abuts property zoned residential, TR-1, TRC-1, TTP or which is currently used as a residential area, if the district front yard is greater than the rear yard, then the yard requirements shall be reversed in order to achieve a greater yard requirement abutting the residential area.
(Ord. 2015-04, passed 6-30-2015)
§ 157.510 MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES.
The Town Council, pursuant to F.S. § 381.986(11) (2017), hereby prohibits and bans the location of medical marijuana treatment center dispensing facilities, as that term is defined and/or used or variations of it are defined and/or used in F.S. § 381.986 (2017) or any rule promulgated pursuant to F.S. § 381.986 (2017) from within the jurisdictional boundaries of the town as such boundaries may now exist or as such boundaries may exist in the future.
(Ord. 2017-07, passed 11-8-2017)