(A)   Automotive and vehicle dealerships shall be subject to the following standards and regulations:

      (1)   New or used automobile lease and/or sales providing the use is located on a minimum lot size of ten acres.

      (2)   All automobile dealerships must include an enclosed showroom.

      (3)   No temporary signs, banners, or pennants will be allowed except as expressly approved on

the site plan.

      (4)   No signs on or within automobiles shall be visible from any public street.

      (5)   Customer and employee parking areas shall be shown on the site plan. No vehicles for sale may be located within these areas.

      (6)   Accessory automatic car wash.

      (7)   Accessory manual car wash/detail.

      (8)   All repair facilities and collision centers must be fully enclosed.

      (9)   No elevated vehicle display(s) for sales of vehicles.

      (10)   Elevated storage of vehicles shall be located to minimize visibility from street frontages and adjacent properties.

   (B)   Car galleries shall be subject to the following standards and regulations:

      (1)   Direct to consumer sale or lease of new automobiles.

      (2)   Car galleries must be located within a shopping center with a minimum size of ten acres.

      (3)   Car galleries must be located within a fully enclosed building.

      (4)   Car galleries must provide a minimum floor area of 2,000 square feet and shall not exceed a maximum of 5,000 square feet.

      (5)   No more than three vehicles may be displayed within the fully enclosed building.

      (6)   No more than two vehicles may be located exterior to the fully enclosed building for test driving purposes only. No inventory may be kept on site.

      (7)   No automobile delivery or preparation shall be conducted on site.

      (8)   Car galleries shall not be affiliated with on-site automobile repair services.

      (9)   No temporary signs, banners, pennants, signs on or within automobiles are permitted.

      (10)   A site plan, or site plan amendment, describing with particularity the storage areas for the exterior vehicles and test drive route, must be submitted to the Planning and Zoning Board for review and decision in accordance with Article 3 of this LDC. Parking for exterior vehicles shall count towards the required parking for the center. The Planning and Zoning Board must determine that the location of the exterior vehicles and the test drive route does not interfere or impede the use of the parking lot for the customers, employees or owners of the other businesses in the center or impede traffic on adjacent roadways. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6-18-24)

   Regulation of the marketing, sale, or delivery of nicotine products and nicotine dispensing devices, including electronic cigarettes and similar device or product, is preempted to the state pursuant to F.S. § 569.315. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6-18-24)

 

      (1)   Regulation of mobile food dispensing vehicles, and temporary commercial kitchens, involving licenses, registrations, permits, and fees is preempted to the state while the city is permitted to regulate the operation of mobile food dispensing vehicles pursuant to F.S. § 509.102.

      (2)   Mobile food dispensing vehicles shall comply with all applicable laws relating to the dispensing of food products.

      (1)   Mobile food dispensing vehicles are allowed as accessory or complimentary to the principal use in the parcel.

      (2)   No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity, shall encroach onto any public street/right-of-way or easement, or onto any adjacent private property without express permission from that property owner.

      (3)   The mobile food dispensing vehicle shall set up and locate the vehicle, wares, and/or any associated displays in accordance with the principal structure setbacks of the underlying property's land use designation.

      (4)   The mobile dispensing vehicle sales area shall not exceed more than three parking spaces or 600 square feet in area, whichever is greater. The mobile food dispensing vehicle shall designate a portion of the sales area as a waiting area for patrons. Such designated area shall not conflict with traffic. In addition, one space/100 square feet of mobile vendor unit area shall be required for customer parking. However, at no time may the required number of parking spaces for the principal use of the property be rendered nonconforming due to vendor use.

      (5)   Mobile food dispensing vehicles shall not remain on the property overnight or when they are not in use by the mobile food vendor.

      (6)   All mobile food dispensing vehicles shall operate in compliance with the city's noise ordinance, Chapter 96 of the City of Pembroke Pines Code of Ordinances.

      (7)   Mobile food dispensing vehicles shall be prohibited from discharging fat, oil, grease, or wastewater into the sanitary sewer system. Waste shall be properly stored and disposed of at a properly designated location.

      (8)   All menus and signage shall be fully affixed to the mobile food vendor unit. Detached signs shall not be permitted.

      (9)   Mobile food dispensing vehicles shall be permitted to conduct their operations between 7:00 a.m. – 9:00 p.m., provided that the approved restroom facilities are available to the patrons.

      (10)   Mobile food dispensing vehicles must obtain the written authorization to operate on private property from the owner of the property or from another authorized party to provide consent to operate.

      (11)   Mobile food dispensing vehicles are prohibited on public property without first obtaining written authorization from the city or as otherwise permitted pursuant to a special event permit.

      (1)   The mobile food vendor unit shall not interfere with required parking, loading and unloading spaces, or the vehicular access to those spaces for the principal use.

      (2)   The mobile food vendor unit shall not block, damage, or interfere with required landscaping, buffers, or stormwater drainage systems on the subject property.

      (3)   The mobile food vendor unit shall not interfere with or block fire lanes on the subject property.

      (4)   Only one mobile food vendor shall be allowed on any one parcel less than one-half acre in size. No more than two mobile food vendors shall be allowed on any one parcel exceeding one-half acre in size. The Zoning Official may authorize and approve more than two mobile food vendors to operate on a single parcel on a case by case basis after review of the site plan.

      (2)   In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right-of-way.

      (5)   Ice cream trucks operating on private property in the same manner as mobile food vendors shall be subject to the mobile food vendor regulations as set forth in this subchapter. (Ord. 2021- 02, adopted 3-17-21; sought to be reconsidered, Commission passed 4- 21-2021; Am. Ord. 2022, passed 6-18-24)

      (1)   All outdoor dining proposals shall require the approval of the city's zoning official.

      (2)   The approval of a master outdoor dining shall be required prior to the approval of tenant outdoor dining areas.

      (3)   Proposed outdoor dining areas shall require a parking analysis, detailed seating plan, details of architectural features and amenities as well as a narrative summary showing all improvements.

 

 

 

   Seasonal merchandise storage shall be subject to the following regulations:

   (A)   All merchandise shall be stored in a fully enclosed container.

   (B)   No signage or graphics related to the retailer are permitted on the storage containers.

   (C)   Number and location:

      (1)   Containers shall be located behind or on the side of the principal building in a location that does not impede vehicular or pedestrian traffic, or site operations and minimizes visual impact on adjacent properties and public rights-of-way. Location of containers for seasonal merchandise storage shall require review and approval by the Planning and Economic Development Department.

      (2)   The number of containers permitted shall be determined by the Planning and Economic Development Department at the time of review.

      (3)   Storage containers cannot be placed within parking spaces.

   (D)   Containers utilized for the storage of seasonal merchandise are permitted to be on site for a maximum period of ten weeks and shall not exceed 20 weeks within a 12 month period. (Ord. 2022, passed 6-18-24)

   (A)   Nothing shall be allowable on the premises in any district provided for in this chapter that shall in any way be offensive or obnoxious by reason of the emission of odors, gases, dust, smoke, vibration, or noise, including the crowing of cocks, barking of dogs, or any noises or odors emanating from any animal, fish, or fowl. Nor shall anything be constructed or maintained that would in any way constitute an eye-sore or nuisance to adjacent property owners or residents or to the community.

      (1)   Fire hazards. Dry or dead shrubs, dead trees, combustible waste and refuse, or any material growing on a street or sidewalk or upon private property within the city which by reason of its size, manner of growth, and location constitutes a fire hazard to a building or other property or, when dry, will in reasonable probability constitute a fire hazard.

      (2)   Hazardous obstructions. An obstacle, landscaping, or thing installed or maintained in the corner setback area, reaching a height higher than four feet above the adjoining top of curb at the applicable corner of the street, intersection of four feet above the nearest pavement surface where there is no curb, or existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk at least eight feet above the level of ground surface, provided that the trees are spaced so that the trunks do not obstruct the vision of motorists.

      (3)   Animals in residential zones. Prohibited to keep or maintain chickens or other farm animals, and four or more dogs over the age of four months old.

      (5)   Public burning. The intentional out-door burning of any material, structure, matter, or thing unless otherwise specifically authorized.

      (7)   Maintenance of property. It is declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in this city to maintain the premises in such a manner that any of the following conditions are found to exist thereon:

         (a)   Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction.

         (b)   Unpainted buildings causing dry rot, warping, and termite infestation.

         (c)   Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

         (d)   The accumulation or allowing overgrown and useless vegetation, but not limited to, grasses, weeds, shrubs, and plot line hedges.

         (e)   Weeds and grass growth in rocked landscaped areas.

         (f)   Driveways containing pot holes or eroded areas.

         (g)   Household items, papers, cardboard, vehicle parts, cans, drums, wood, and debris stored in an open carport, to the extent that it creates an eyesore to the abutting resident or residents of the city.

         (h)   Landscape not maintained in a healthy growing condition, yard and swale areas void of landscape (grass) or other accepted landscape materials.

         (i)   Nothing shall be allowable on the premises in any district that shall in any way be offensive or obnoxious by the emission of odors, gases, dust, smoke, or vibration.

         (j)   Septic tank drain fields, failure of drainfields as evidenced by odors, saturated adjacent top soil, or unusual growth of vegetation.

      (8)   Permitted fences and utility sheds. Sheds and fences that are unsightly by reason of disrepair, which includes but is not limited to broken slats, rotten posts, or other missing members, and in a state of dilapidation or arrangement that is deemed unsafe for the purpose they were intended.

      (9)   Maintenance of buildings and property or sites under development or construction. Property which is maintained in such a condition as to become so defective, unsightly, or in such a condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes but is not limited to the following:

         (a)   Peeled and unpainted surfaces of buildings including wood and concrete.

         (b)   Graffiti covering exterior surfaces.

         (c)   Rotted or decayed wood trim.

         (d)   Screen enclosures that are required for pools, that contain missing or ripped sections and screening on main building structures with ripped and torn panels.

         (e)   Buildings or structures maintained in violation of the South Florida Code as adopted by the city.

         (f)   Landscape not maintained in a healthy growing condition, yard and swale areas void of landscape (grass) or other accepted landscape materials.

         (g)   Construction fencing windscreens with rips, holes, tears, discoloration, weathering and or general disrepair.

      (10)   Maintenance of premises. So out of harmony of conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties.

      (11)   Property affecting tax receipts. Property maintained (in such relation to surrounding property) so as to establish a prevalence of depreciated values, impaired investments, and social economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein.

   (C)   Notice to abate. When the Code Enforcement Officer or Building Official finds that any premises or property within the city may be maintained contrary to one or more of the provisions of this section, he shall notify the owner, lessee, occupant, mortgagee, or beneficiary by written notice, served personally or posted on the premises, stating the conditions which constitute the public nuisance and shall order the abatement of the nuisance by a time period consistent with the nature of the violation. Failure to bring about compliance within the time stated shall result in a summons before the Code Enforcement Board, the Special Master, or the County Court. The summons shall be served according to state statutes.

   (D)   Abatement by the city. If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance.

   (E)   Record of expenses. The city shall keep an itemized account of the expenses involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the Commission for approval and confirmation, and at which time the Commission shall consider objections or protests to the cost of the work.

   (F)   Procedure in case of emergency. When the conditions which constitute the nuisance pose an immediate threat to the public peace, health, or safety, the Commission may order the nuisance abated immediately or take steps itself to abate the nuisance, after adoption of a resolution declaring the facts which constitute the emergency.

   (G)   Graffiti.

      (1)   No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm, or corporation, unless the express permission of the owner or operator of the property has been obtained and any required permits are obtained.

      (2)   No person shall carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of division (G)(1).

      (5)   Any person convicted of a violation of this division (G) shall be punished by a fine of not more than $250 for a first offense and of not more than $500 dollars for a second or subsequent offense, or by imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment in the discretion of the court. Where a minor is found to have violated division (G)(1) or (2) or both, the fine imposed by this section shall be assessed against such minor’s parents or legal guardian.

      (6)   In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense in a reasonable amount or manner to be determined by the court. Where the defendant is a minor, the court shall order the parent or legal guardian of such minor to make such restitution.

      (7)   In addition to any punishment, the court may in its discretion order the defendant to perform monitored community service.

      (8)   Whenever the city becomes aware of the existence of graffiti on an property, including structures or improvements within the city, a code enforcement officer is authorized, upon such discovery, to give or cause to be given notice to remove or effectively obscure such graffiti to the property owner, the property owner’s agent or manager, or other person in possession or control of the property.

      (9)   It shall be unlawful for any person or firm owning the property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or paint over in any aesthetically acceptable manner any graffiti from such property within ten days from receipt of the notice described in division (G)(8). If the person or firm owning such property, acting as manager or agent for the owner of such property, or in possession or control of such property fails to remove or effectively obscure the graffiti within the time period enumerated above, the city shall cause the graffiti to be removed or effectively obscured and charge the property owner, or property owner’s manager or agent, for the expenses incurred by the city. The city may sue in a court of competent jurisdiction to recover such expenses, together with attorney’s fees and costs.

      (10)   Any person or firm owning property, acting as agent or manager for the owner of such property, or in possession or control of such property who commits a violation of division (G)(9) shall be punished by a fine of not more than $500. In deciding the amount of fine to impose, the court shall consider the efforts taken by the violator, if any, to remove or effectively obscure the subject graffiti in a timely manner and how often the violator has been victimized by graffiti during the preceding calendar year. The provisions of this division (G)(10) shall not apply to a property owner, manager, agent, or possessor of property if, in the sole determination of the City Manager or his designee, such property owner, agent, manager, or possessor has been victimized two or more times by graffiti within any calendar year, and, during such time, has removed or effectively obscured such graffiti from the property in a timely manner.

      (11)   There is hereby created the city Anti-Graffiti Trust Fund. Civil penalties assessed against the violators of this section pursuant to the procedures set forth in this section ultimately received by the city shall be placed in the fund. The City Commission shall direct the expenditure of monies in the fund. Such expenditures shall be limited to the payment of the cost of removal of graffiti, the costs of administering this section, and such other public purposes as may be approved by the City Commission by resolution.

   (H)   Schedule of civil penalties.

      (1)   First offense: $ 250

      (2)   Second offense: $500, and/or

      (3)   Imprisonment for not more than 60 days.

      (4)   Any victim who fails to remove or obscure graffiti within the time period prescribed herein shall be fined not more than $500, to be determined at the discretion of the City Manager or his designee.

      (5)   In addition to any punishment or fine, the court may, in its discretion, order the defendant to perform monitored community service. (Ord. 2022-02, passed 6-15-22; Am. Ord. 2022, passed 6-18- 24)

   In the B-1, B-2, B-3 and PO zoning district all activities of permitted uses including but not limited to sale, display, storage, preparation shall be conducted within a completely enclosed building unless otherwise stated here within. (Ord. 2022, passed 6-18-24)ARTICLE 6: DEVELOPMENT STANDARDS

      (1)   No land which is residentially-used shall be used as a driveway or vehicular access for a nonresidential use.

      (2)   All vehicles, trailers, recreational vehicles, boats, special use, or similar vehicle must be parked or stored on a paved surface as defined by § 155.203 of this LDC, unless parked or stored within a fenced area obstructed from view. This section shall be supplemental to any other provision of this Code.

      (3)   Uses not specifically listed. The requirements for off-street parking for any uses not specifically listed in this subchapter shall be determined by the Planning and Economic Development Department Director. The applicant may seek an appeal or interpretation of the Director's determination to the City's Planning and Zoning Board as outlined in §§ 155.300 through 155.313.

      (4)   Additional loading, parking, or stacking plans and studies may be required upon application submittal to the Planning and Economic Development Department.

      (5)   Fractional measurements. When units or measurements determining number of required off-street parking and loading spaces result in requirement of fractional space, any fraction shall require a full off-street parking and loading spaces.

      (6)   The placement of loading or parking shall not interfere with the connectivity of the shopping center or community in which it is located. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6- 18-24)

   (A)   Access gates to gated communities shall be the types approved by the Police and Fire Chiefs.

   (B)   Access gates shall be provided with a keypad and lockbox entry system and shall be installed in an accessible location. If a coded system is to be used, a coded number will be designated by the Fire Chief and Police Chief for Fire and Police Department entry.

   (C)   All access gates must be designed to provide automatic entry for police and fire apparatus through the resident entry lane(s) in the form of one electronic remote activation system which shall be approved by the Police and Fire Chiefs. Said access shall be provided at all entry points to the community.

   (D)   All access gates shall be designed to unlock with a readily accessible manual release devise.

   (E)   During a power failure, all access gates shall be designed to fail in the open position.

   (F)   Gated communities that are staffed with security 24/7 are not exempt from the requirements of this section. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21- 2021)

 

      (1)   Other uses not specifically mentioned above shall meet the off-street parking requirements of the uses listed above which are similar or compatible as determined by the Planning and Economic Development Director or Designee.

      (2)   Staff may request a parking study for uses that do not have a similar or compatible use as determined by the Planning and Economic Development Director or Designee.

      (6)   Combined off-street parking. Nothing in this section shall be construed to prevent collective provision for, or joint use of, off-street parking facilities for two or more buildings, adjacent parcels or uses by two or more owners or operations, excluding outparcels. However, the total of those parking spaces when combined or used together shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this subchapter.

 

   Short-term parking may be permitted within multi-tenant nonresidential shopping centers. Short-term parking spaces shall be approved via the administrative review process as outlined in § 155.301(C). Short-term parking spaces shall be subject to the following provisions:

   (A)   All short-term parking spaces are deemed exclusive and will only be permitted when a parking surplus exists on the property.

   (B)   All short-term parking must meet minimum design standards of § 155.606.

   (C)   Short-term parking must not impede normal traffic flow nor interfere with the operations of emergency equipment.

   (D)   Outparcel buildings and freestanding buildings:

      (1)   Less than 10,000 square feet may be permitted a maximum of three short-term parking spaces.

      (2)   Between 10,000 square feet and 20,000 square feet may be permitted a maximum of five short-term parking spaces.

      (3)   More than 20,000 square feet may be permitted a maximum of ten short-term parking spaces.

   (E)   Office parks or industrial parks may be allotted up to 2% of the total parking on site to be used for short-term parking space.

   (F)   Tenants within multi-tenant shopping centers:

      (1)   Less than 10,000 square feet may be permitted a maximum of three short-term parking spaces.

      (2)   Between 10,000 square feet and 20,000 square feet may be permitted a maximum of five short-term parking spaces.

      (3)   More than 20,000 square feet may be permitted a maximum of ten short-term parking spaces.

   (G)   Location of short-term parking shall not limit or restrict reasonable access to the tenant bays and shall be subject to the review and approval by the Planning and Economic Development Department. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22; Am. Ord. 2022, passed 6-18-24)

 

 

      (1)   Public safety vehicles.

      (2)   Agricultural or industrial zoning districts.

      (3)   Private property, whereon construction is under way, for which a current and valid building permit has been issued by the city as to those vehicles actively engaged in the construction.

      (4)   Those persons performing lawful and authorized work upon the premises where the vehicle is parked.

      (5)   Personal motor vehicles in residential neighborhoods outside of enclosed carports and garages.

      (6)   Any vehicle that is parked entirely inside a garage or is parked in a carport, where no part of the vehicle extends outside the roofline of the carport.

      (7)   Any vehicle that is concealed by a fitted opaque vehicle cover on a permitted paved surface. The vehicle cover must be in good condition, with no rips or tears and no signs of weathering or deterioration. This shall not apply to commercial vehicles exceeding ten feet in height.

      (8)   Any vehicle that is parked behind a fully opaque permitted fence within the side setback of the lot. This shall not apply to commercial vehicles exceeding ten feet in height.

      (9)   Any vehicles with commercial copy or lettering that is concealed and no exposed equipment.

      (1)   Tradesman performing service work or making deliveries of merchandise.

      (2)   Public utility service work.

      (3)   Temporary parking for the purpose of and while actually loading; or unloading of a vehicle in preparation for or upon return from the use of that vehicle; providing, however, that any vehicle so parked shall be kept in the driveway where possible.

   (E)   Parking of commercial vehicles, trucks, or trailers prohibited by this section on the street is prohibited, unless the vehicle is necessary to provide service to an adjacent property and such service is actively being performed, or the vehicle is being actively loaded or unloaded. Violators may be issued a parking citation pursuant to Ch. 70, of the City of Pembroke Pines Code of Ordinances. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6- 18-24)

   Regulation of electric vehicle charging stations is preempted to the state pursuant to F.S. § 366.94. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22; Am. Ord. 2022, passed 6-18-24)

   The following regulations shall apply to recreational vehicles, special purpose vehicles, boats, and utility trailers:

   (A)   No recreational vehicle, special purpose vehicles, or utility trailer exceeding ten feet in height from grade shall be permitted to be parked or stored on residentially zoned property.

   (B)   No boat inclusive of the trailer in which is stored on exceeding 14 feet in height from grade shall be permitted to be parked or stored on residentially zoned property.

   (C)   No special purpose vehicles shall be permitted to be parked or stored in residentially zoned property except in an enclosed garage.

   (D)   No more than one recreational vehicle, one boat, and one utility trailer shall be parked or stored upon residentially zoned property. A boat adjoined to a boat trailer, or structure designed to be mounted upon or carried by another vehicle, when so mounted, shall be considered one unit for the purpose of this section.

   (E)   All recreational vehicles, boats, and utility trailers shall be parked or stored in the side or rear setbacks of residentially zoned property whenever possible. It shall be considered impossible to park or store the recreational vehicles, boats, or utility trailers in the side or rear setbacks if to do so would require encroachment upon the property of adjacent owners.

   (F)   In the event it shall be impossible to park or store a recreational vehicle, boat, or utility trailer in the side or rear setbacks, then said recreational vehicle, boat, or utility trailer may be parked or stored on the driveway, not less than seven feet from the front property line.

   (G)   In the event a recreational vehicle, boat, or utility trailer cannot be parked or stored on the driveway as provided in division (E) of this section, then the recreational vehicle, boat, or utility trailer may be parked or stored in the front setback, parallel to the main structure, provided it is parked or stored on a paved surface and that no part of the recreational vehicle, boat, or utility trailer may extend beyond the paved surface. In no event shall any such vehicle be permitted to be parked in the swale.

   (H)   No separate unit intended to be mounted upon a truck for the purpose of converting that truck into a recreational vehicle shall be stored in the front setback of residentially zoned property.

   (I)   All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle; shall be parked or stored with wheels and tires mounted; and shall be maintained in a movable condition.

   (J)   No recreational vehicle, boat, or structure designed to be mounted upon and carried by another vehicle shall be used as an accessory building; occupied in any manner; or connected to any utility or electrical service, except as necessary to repair or maintain that vehicle, boat, or structure. (Ord. 2021-02, adopted 3- 17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6-18-24)

      (1)   Accessory buildings, including but not limited to:

         (a)   Sheds;

         (b)   Private detached garages;

         (c)   Storage containers;

         (d)   Accessory dwelling units.

      (2)   Free standing open sided structures, which may be permanent or temporary, including but not limited to:

         (a)   Gazebos;

         (b)   Trellises;

         (c)   Chickee huts;

         (d)   Pergolas;

         (e)   Canopies.

      (3)   Pools.

      (4)   Residential driveways.

      (5)   Walkways.

      (6)   Decks and patios.

      (7)   Docks.

      (8)   House trailers.

      (9)   Screen enclosures.

      (10)   Portable storage units.

      (11)   Sculptures and statues.

      (12)   Fences and walls, reference § 155.655.

      (13)   Artificial turf.

      (1)   Unless otherwise noted herein, a residential lot may have one of each of the following accessory buildings and structures:

         (a)   Shed;

         (b)   Private detached garages;

         (c)   Free standing open sided structures;

         (d)   Accessory dwelling unit.

      (3)   Accessory Buildings and Structures Table.

 

      (1)   Section 102.2(H) of the Florida Building Code waives the building permit requirements for Chickee Huts constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. All Chickee Huts constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.

      (2)   Chickee Huts shall comply with the setbacks, height, and dimensions of free-standing open-sided structures in Table 155.620. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22; Am. Ord. 2022, passed 6-18-24)

   The following regulations are supplemental to the standards identified in § 155.620.

      (1)   Accessory buildings and structures located within the R-MH District shall be located at least four feet from any side lot line, and at least five feet from any rear lot line.

      (2)   For waterfront lots located within developments approved under the design criteria of R-1Z single-family zoning districts, accessory structures at grade shall be allowed to extend to the zero setback side property line, excluding structures with a roof.

      (3)   Structures with roofs may extend to the zero setback side property line if a six foot high concrete block privacy wall is installed along the entire length of the accessory structure.

         (a)   Swimming pool barriers shall be permanently affixed.

         (b)   Swimming pool safety barriers shall include either a screened enclosure, a fence, a concrete block wall, a body of water or other barrier.

         (c)   Physical pool barriers shall be no less than four feet in height.

         (d)   The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is located. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area.

         (e)   Gates shall be self-locking and comply with § 155.655.

         (f)   Safety barriers shall meet all applicable state statutes and building codes as amended from time to time.

      (5)   Decks that are connected to a dock shall be permitted within the rear setback, however, the portion of the deck within the rear setback shall not exceed width of the dock.

      (6)   Artificial turf.

         (a)   Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color.

         (b)   All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications.

         (c)   All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind.

         (d)   All seams shall be secured and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

         (e)   Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.

         (f)   All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and invasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.

         (g)   All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be performed utilizing like materials from the same manufacturer and installed so in a manner that results in a repair that blends in with the existing artificial turf.

         (h)   Artificial turf may be located within the front setback when incorporated as an accent into a driveway.

      (7)   Accessory dwelling unit (ADU).

            1.   An accessory dwelling unit is permitted only as accessory to, and on the same lot as, a single-family dwelling, and are not permitted as accessory to a two-family dwelling, multifamily dwelling, or mobile home dwelling.

            2.   Not more than one accessory dwelling unit per lot is permitted.

            3.   An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse). An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling and shall have principal access only from the side or rear yard of the principal dwelling.

            4.   The use of a mobile home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.

            5.   An accessory dwelling unit shall not be permitted before construction of the principal building has commenced or a lawful principal use is established.

            6.   An accessory dwelling unit shall be subordinate to the principal use with respect to building height, building area, and building coverage.

            7.   An accessory dwelling unit shall not be permitted on properties which are serviced by septic.

            1.   The lot complies with the current minimum lot area requirements for the zoning district and remains under common ownership.

            2.   A lot containing an accessory dwelling unit shall not be subdivided to separate the accessory dwelling unit from the principal use, unless such division can meet all applicable standards of the zoning district and land development regulations.

            1.   The floor area of any accessory dwelling unit shall not be less than 300 square feet or exceed 1,000 square feet in area, and all areas under roof must be less than the floor area of the principal dwelling unit. For detached accessory dwelling units, this limit shall apply to the combined square footages of the accessory dwelling unit and any accessory living space within the same building, including any areas used for storage, bathrooms, or shared laundry facilities (excluding any enclosed parking spaces).

            2.   An ADU shall operate as a fully functional residence, complete with kitchen, bathroom, and living and/or bedroom quarters.

            3.   A paved walkway at least two feet in width shall connect the main entrance of the accessory dwelling unit with the off-street parking spaces.

            4.   The building containing an accessory dwelling unit shall be compatible with the style of the building containing the principal use, including finishes, roof pitch, and paint scheme.

            5.   Where an attached garage on the front façade of a structure is converted to an accessory dwelling unit, the garage door shall be removed, and the enclosure must be architecturally compatible with the style of the building including finishes and color scheme.

            6.   All accessory dwelling units shall be permitted and comply with the Florida Building Code.

            1.   One paved off-street parking space shall be required on the lot for the accessory dwelling unit. This space shall be in addition to the required parking required for the principal building. For purposes of this section, paved shall be defined as concrete, pavers, or asphalt.

            2.   Required off-street parking spaces must be provided within a paved driveway and be located entirely on the property.

      (1)   Accessory buildings and structures as outlined in this subchapter shall meet the setbacks of the district in which they are located.

      (2)   Accessory buildings and structures shall not exceed the height or size of the primary building. (Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022, passed 6-18-24)