The purpose of this article is to regulate the design, construction, and location of signs to achieve the following: protect the public safety and welfare; preserve the unique planned character and the natural and scenic environment of the city; prevent clutter among sign displays which would distract vehicle operators, place excessive demands on public attention, or have a detrimental effect on the character and appearance of the residential, commercial, and industrial areas of the city; provide ample opportunity for business advertisement while preventing excessive, dangerous, and unsightly signs; reasonably assist potential customers in locating and identifying services, facilities, and products offered within the city; and provide for adequate maintenance and inspection of signs.

(a)

Traffic visibility. No sign shall be placed at any location where it may obstruct the line of sight for pedestrian, bicycle, or vehicular traffic. No part of any sign shall be located closer than 25 feet to the intersection of any rights-of-way.

(b)

Easements. Signs shall not be erected in any easement or public right-of-way, except for government regulatory signs and emergency or warning signs erected by a governmental agency, public utility company, or contractor doing authorized work within the public right-of-way.

(c)

Transmission interference. All signs shall be constructed and grounded to avoid interference with radio, television, or other communication transmissions.

(d)

Illumination. Only permanent signs may be illuminated. Lighting on signs which are not internally illuminated shall be shielded with an opaque shade and directed so as to produce no glare on roadways or surrounding properties. The use of neon is prohibited except in window signs.

(e)

Signs at closed establishments. A sign shall be presumed to be an off-premises sign when an establishment has been closed or relocated for more than 120 days and the establishment's sign face has not been changed. Within 60 days after a sign is deemed to be an off-premises sign, the property owner shall replace the face of the sign with a blank sign face, except that notice to sell or lease the property shall be allowed.

(f)

Maintenance. All signs, including their structural components, shall be maintained so as to ensure the structural integrity of the sign and compliance with the issued permit. Painted areas and sign surfaces shall be kept in good condition, and any illumination shall be maintained in good repair and safe working order. The building official may order the repair or removal of any sign not maintained in accordance with the provisions of this section and the requirements of the issued permit.

(a)

Except as exempted in Table 1, it shall be unlawful for any person to erect a sign without first obtaining a validly-issued permit from the city. A permit shall not be required to repaint any sign surface, change any sign message, or change the face of any sign where the structure of the sign is not changed.

(b)

Application. To obtain a sign permit, a completed application form provided by the city shall be submitted to the building department by the property owner or an individual providing written authorization from the property owner to install a sign. As a minimum, the application shall include the following information:

(1)

Name, address, and telephone number of the applicant.

(2)

Name, address, and telephone number of the property owner. If the owner is an entity other than an individual, list the contact person's name.

(3)

Name, address, and telephone number of the business tenant, if applicable. If the tenant is an entity other than an individual, list the contact person's name.

(4)

Name, address, telephone number, and license number of the sign contractor, if applicable. If the contractor is an entity other than an individual, list the contact person's name.

(5)

Address and legal description of the property upon which the sign is to be located. This may be obtained from a certified boundary survey.

(6)

Lot frontage on all streets and public rights-of-way.

(7)

In feet and inches, the location of the sign in relation to property lines, public rights-of-way, easements, buildings, and other signs on the property.

(8)

For freestanding signs, a boundary survey which has been prepared within the 24 months before the permit application date, has been signed and sealed by a land surveyor or engineer licensed in Florida, and shows the sign's proposed location.

(9)

For wall-mounted signs, the façade elevation with dimensions, drawn to scale, along with the location and dimensions of windows, doors, and other openings.

(10)

Sign dimensions and elevation, drawn to scale.

(11)

Maximum and minimum height of the sign.

(12)

Dimensions of the sign's supporting structure.

(13)

Type, placement, intensity, and hours of sign illumination.

(14)

Three copies of the plans, specifications, calculations, and details signed and sealed by a Florida-licensed engineer; specifications meeting the required windload; and electrical specifications meeting the minimum requirements of the applicable electric code, if applicable.

(15)

Number, type, location, and surface area of all existing signs on the same property.

(16)

Landscape plan, as applicable.

(17)

Signature of applicant.

(18)

If the sign's value is $2,500.00 or greater, a certified copy of notice of commencement.

(c)

Application review. A sign permit application shall be submitted to the building department for review by the building official to determine whether the proposed sign meets applicable zoning laws and requirements of this article. A sign permit shall be either approved, approved with conditions based on requirements in this article, or disapproved. A written decision shall be provided to the applicant, shall include the reason(s) for any disapproval, and shall be reviewed by the city attorney before being provided to the applicant.

(1)

The building official's decision shall be made within 45 days following receipt of a completed application and required application fee, not counting the day of receipt or any Saturday, Sunday, or legal holiday which falls upon the first or forty-fifth day after receipt. If no decision is rendered within the 45-day review period, the application shall be deemed disapproved, and the application fee shall be refunded.

(2)

Incomplete applications. An application which is materially incomplete or not accompanied by the required fee shall be deemed unaccepted, and the time for review shall not commence until a complete application and required fee are submitted. However, the building official shall keep a record of all unaccepted applications as required by applicable public record laws. Within 45 days following receipt of an unaccepted application, the building official shall send the applicant a written explanation of the application's deficiencies, request that the deficiencies be remedied, and inform the applicant that the application review will be suspended until a corrected application is submitted. This written explanation shall be reviewed by the city attorney before being sent to the applicant.

(3)

Request for reconsideration. If an application is approved with conditions or disapproved for any reason, the applicant may request reconsideration on the grounds that information supporting a different decision was not considered. A written request for reconsideration containing such additional information shall be filed with the building official within ten calendar days after the decision is made or the 45-day review period has expired without a decision. Upon the timely filing of a request for reconsideration, the building official's original decision shall be stayed. The building official shall make a decision on the reconsideration request within seven days of receipt by the city, not counting any intervening Saturday, Sunday, or legal holiday. Such decision shall be in writing and shall include a statement of the reason(s) for the decision. No fee shall be required for a request for reconsideration.

(4)

Date of decision. All decisions shall be mailed, transmitted electronically, or hand-delivered to the applicant, and a record shall be kept of the date of such action. For the purpose of calculating compliance with the deadlines specified in subsections 30-503(c)(1), (2), and (3), a decision shall be deemed made when deposited in the mail, transmitted electronically, or hand-delivered to the applicant.

(5)

Deadline exceptions. As exceptions to the foregoing, the 45-day and seven-day deadlines shall be suspended as follows:

a.

Until a final decision is made on any variance, rezoning, or comprehensive plan amendment request regarding the property.

b.

Until the applicant makes any change(s) to the application necessary to obtain an unconditional approval.

c.

Until approval required from any other government agency is obtained.

(6)

An applicant may elect to forego any action(s) in subsection 30-503(c)(5) and instead request a decision on the sign permit application as submitted. In that event, the building official shall make a decision on the application within five business days after receiving such request. If a decision is not made in that time, the application shall be deemed disapproved, and the application fee shall be refunded.

(7)

Judicial review. Any person aggrieved by the building official's decision on his/her sign permit application may seek judicial review in any court of competent jurisdiction. For the purpose of such appeal, the building official's approval, approval with conditions, or disapproval shall be deemed the city's final decision on the permit application. The city shall not oppose an applicant's request to the court for an expedited review of the city's decision.

(Ord. No. 996, § 5, 10-15-08)

Only the following types of signs shall be allowed within the city, and these signs shall be allowed only on-premises:

(a)

Freestanding signs. All freestanding signs, except those in Table 1, shall be monument signs.

(1)

Number and size. The number and size of freestanding monument signs per property shall be determined by the property's linear footage of roadway frontage.

a.

Properties with fewer than 200 linear feet of roadway frontage shall be allowed one freestanding sign per property. Maximum height of the sign shall be eight feet, maximum width shall be 11 feet, and maximum depth shall be two feet. On each of the sign's two sides, the copy area shall not exceed 60 percent of the sign area, and the architectural area shall comprise at least 40 percent of the sign area. Maximum size of the sign area shall be 88 square feet. When the setback requirements of subsection 30-504(a)(3) would cause this sign to be located in or behind a parking stall or obstruction that interferes with the visibility of the copy area from the frontage or arterial roadway, the height of the monument base may be increased up to a maximum of six additional feet, for a total height of up to 14 feet for the entire sign. Increasing the height of the base shall not increase the allowable size of the copy area.

b.

Properties with 200 or more linear feet of roadway frontage may have either one large sign or two signs described in subsection 30-504(a)(1)a, placed at least 100 feet apart. Maximum height of the large sign shall be 14 feet, maximum width shall be 15 feet, and maximum depth shall be two feet. On each sign's two sides, the copy area shall not exceed 60 percent of the sign area, and the architectural area shall comprise at least 40 percent of the sign area. Maximum size of the sign area shall be 166 square feet.

c.

Properties with 500 or more linear feet of roadway frontage may have a maximum of two signs, placed at least 100 feet apart. Maximum height of these signs shall be 14 feet, maximum width shall be 21 feet, and maximum depth shall be two feet. On each sign's two sides, the copy area shall not exceed 60 percent of the sign area, and the architectural area shall comprise at least 40 percent of the sign area. Maximum size of the copy area shall be 150 square feet, and the maximum aggregate copy area of both signs shall be 250 square feet.

(2)

Street address numbers. All freestanding monument signs shall have street address numbers which are at least six inches high and clearly visible from the frontage roadway. These numbers shall be located according to one of the following two options:

a.

Street address numbers shall be centered atop the sign. One additional foot of sign height shall be allowed to accommodate the numbers, and the width of the street address portion of the sign shall be no greater than necessary to accommodate the address numbers; or

b.

Street address numbers shall be prominently located in the top one-third of the sign;

(3)

Setbacks. For all freestanding monument signs, minimum setbacks shall be ten feet from a street right-of-way and 25 feet from adjacent property lines.

(4)

Zoning districts. Freestanding monument signs shall be allowed in all zoning districts except residential. However, freestanding monument signs shall be allowed for multi-family buildings containing six or more residential units and in the RM3 and RM4 districts for businesses at locations with non-conforming uses at the time this article is adopted and businesses with legally-established conditional and commercial uses.

(b)

Wall signs.

(1)

Number and size. Multiple wall signs may be placed on any side of a building that faces a public street or parking lot. The aggregate square-footage of the sign area of all wall signs on such building side shall not exceed the linear footage of the building side. The area of the regular geometric shape of the sign area shall be used to calculate the sign area of each sign.

(2)

Projection and height. No wall sign shall project above the fascia or beyond the wall of the structure to which the sign is attached, project into the public right-of-way, or project more than 12 inches from the wall or fascia to which the sign is attached.

(3)

Zoning districts. Wall signs shall be allowed in all zoning districts except residential. However, wall signs shall be allowed for multi-family buildings containing six or more residential units and in the RM3 and RM4 districts for businesses at locations with non-conforming uses at the time this article is adopted and businesses with legally-established conditional and commercial uses.

(c)

Projecting signs.

(1)

Number and size. One projecting sign may be substituted for a wall sign if the sign area of the projecting sign does not exceed the allowable sign area of the substituted wall sign.

(2)

Setback. Minimum setback shall be five feet from any adjacent business.

(3)

Projection and height. No projecting sign shall extend more than four feet from the building wall or fascia on which the sign is attached. The top of a projecting sign shall not extend more than 20 feet above ground level and shall not extend above the building fascia. Projecting signs shall have a minimum clearance of eight feet from the bottom of the sign to the standing surface and shall not project into the public right-of-way.

(4)

Under-canopy signs. Instead of a sign projecting from a wall, each separate business may have one projecting sign which hangs from a horizontal surface, such as a canopy, awning, or marquee, as long as the sign area is no larger than four square feet and maintains a minimum clearance of eight feet from the bottom of the sign to the standing surface.

(5)

Zoning districts. Projecting signs shall be allowed in all zoning districts except residential. However, projecting signs shall be allowed in the RM3 and RM4 districts for businesses at locations with nonconforming uses at the time this article is adopted and businesses with legally-established conditional and commercial uses.

(d)

Other signs. The types of on-premises signs listed in Table 1 shall also be allowed, subject to the restrictions on their use as shown in the table.

(e)

Authorized. No signs other than those authorized by this section shall be allowed within the city.

Table 1. Allowable Signs

¹  Except conditional uses with a minimum lot area of 40,000 square feet.

²  Number and size of flags on a pole are not regulated.

³  Perimeter-wall signs are exempt from setbacks.

⁴  One sign per candidate and referendum issue per lot or unit.

(Ord. No. 972, § 17, 8-15-07; Ord. No. 996, § 6, 10-15-08)

Murals, which shall not be deemed to be signs, shall be allowed if content is not related to the business being conducted on the premises.

The following types of signs, which are not intended to limit the types of prohibited signs, are specifically prohibited: beacon signs, billboard signs, snipe signs; animated signs; A-frame signs; off-premises signs; parked advertising signs; roof signs; swinging signs; bench and shelter signs; portable signs; signs placed on city property; signs which contain statements, words or pictures which are obscene or pornographic; signs that contain untruthful advertising; signs that emit sound, odor or visual effects; signs which are intended, or may be construed, to be traffic signs, signals or warnings; signs which may be confused with the lights of emergency or road-equipment vehicles; signs which hide from view any traffic or street sign, signal or device; signs which would obstruct the view at or around corners, intersections or curves; and signs placed on or over any private property without the written consent of the property owner. In addition, signs without a validly-issued permit and signs deemed by the building official to be a hazard to public safety shall be deemed nuisance signs and shall be prohibited.

(Ord. No. 996, § 7, 10-15-08)

The following shall apply to signs which are made nonconforming by this article:

(a)

No nonconforming sign shall be modified in a way which increases the nonconformity or be replaced by another nonconforming sign.

(b)

A nonconforming sign may be maintained and repaired, except that if the cost of repairs during any 12-month period equals or exceeds 50 percent of the replacement cost of the sign, the sign shall be removed. Replacement cost shall be determined by the building official and, if necessary, the building official may require three bids from authorized sign contractors.

(c)

In any event, all nonconforming signs shall be brought into compliance with the provisions of this article no later than December 31, 2010. However, any monument sign constructed or permitted between November 30, 2004, and October 15, 2008, shall have until subsection (b) requires its removal or the property is redeveloped pursuant to a new site plan.

(d)

Within 180 days after business closes or relocates, both the property owner and the permittee shall be obligated to remove all nonconforming signs.

(e)

Notwithstanding the foregoing provisions of this section, an existing nonconforming freestanding sign which cannot meet the setback requirements of subsection (a) may be retrofitted into a conforming monument sign through December 31, 2010, without a variance, as long as the retrofitted sign remains within the footprint of the existing sign, otherwise complies with the permit requirements for a new sign, complies with visibility triangle requirements, and does not encroach into any right-of-way. A retrofitted sign shall not be required to comply with existing setback requirements for monument signs in the district in which the sign is located, and this setback exemption shall run with the land for any future signs placed within the same footprint as the retrofitted sign.

(Ord. No. 946, § 7, 8-16-06; Ord. No. 972, § 18, 8-15-07; Ord. No. 996, § 7, 10-15-08; Ord. No. 1026, § 1, 2-17-10)

Without diminishing or limiting in any way any declaration of severability set forth in this Code or any adopting ordinance, if any part of this article whatsoever is declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect the following:

(a)

Any other part of this article generally;

(b)

Any other part of this article, even if such severability results in less speech, such as by subjecting previously-exempt signs to permitting or otherwise; and

(c)

Any other part of this article that pertains to signs prohibited under section 30-506.

(Ord. No. 996, § 8, 10-15-08)

(a)

Applicability. This section shall apply to accessory structures only in single-family and duplex residential zoning districts.

(b)

Generally. There are three types of accessory structures, enclosed buildings (storage/utility sheds, cabanas, etc.), open structures (gazebos, etc.), and customary yard structures (barbeque pits, playground equipment, etc.). No accessory structure, or aggregate of all accessory structures on any property, shall exceed 50 percent of the square footage of the primary structure. No accessory structure shall be permitted or used as an accessory dwelling unit (ADU). Any enclosed buildings, gazebos and cabanas exceeding 150 square feet shall meet all setback requirements imposed for the principal structure for the zoning district in which the accessory structure is located.

(c)

Enclosed buildings and open structures. A lot may contain one enclosed building and one open structure, subject to the following requirements:

(1)

A permitted principal structure exists on the lot, or construction of such principal structure has commenced before construction of the accessory structures.

(2)

The accessory structures comply with this chapter's requirements regarding the principal structure, unless provided otherwise in this chapter.

(3)

The accessory structures are not erected in a required building setback adjacent to a public street or closer to a public street than any wall of the principal structure on the same lot, whichever is more restrictive.

(4)

The accessory structures are not erected within a recorded easement or right-of-way.

(5)

The accessory structures are included in all calculations of impervious surface and surface water runoff.

(6)

The accessory structures are shown on all development plans required by the city, with full supporting documentation as required by this chapter.

(7)

The accessory structures are secured/tied down by any means authorized by the Florida Building Code, if such means are certified by an engineer or architect licensed by the state to meet all requirements of the Florida Building Code.

(8)

The accessory structures are not erected in a front or side yard and do not encroach into an easement. When the lot is located on two streets, and notwithstanding the general limitation contained in subsection (3), above, the accessory structures shall be erected in the rear yard, or the side yard between the rear lot line and the rear of the principal building, including covered porches and garages, and shall not encroach into an easement. Accessory structures 100 square feet or smaller shall have a minimum rear and side setback of five feet. Those larger than 100 square feet or higher than seven feet shall have minimum rear and side setbacks of ten feet.

(d)

Enclosed buildings.

(1)

Enclosed buildings, except detached garages, shall not exceed 400 square feet in floor area. All enclosed buildings/structures larger than 150 square feet shall meet the setbacks of the district in which they are located. No enclosed building shall exceed 18 feet in overall height. A maximum of two-foot overhang is permitted, except there may be a maximum four-foot overhang over driveways.

(2)

Enclosed buildings shall have exterior walls constructed of wood, glass, aluminum, or masonry, provided that stucco or another nonmetallic finish is applied to masonry surfaces.

(3)

Roofs shall be secured directly to the walls.

(e)

Gazebos/cabanas. Maximum floor area shall not exceed 400 square feet. Maximum height shall be 12 feet. All sides shall be open for a gazebo. A maximum two-foot overhang is permitted.

(f)

Customary yard structures. Customary yard structures shall be allowed provided they are not located in a front yard or within five feet of the rear or side property lines and do not exceed ten feet in height. In no event shall they encroach into any easement of record.

Exceptions:

1.

Water fountains may be permitted within the front or side yard provided they shall not encroach into any easement of record. Fountains shall not exceed six feet in height, 11 inches in water depth, and ten feet in width or length.

2.

Basketball hoops shall be permitted in the front or side yard provided they are not located within any right-of-way.

3.

Lawn ornaments such as birdbaths, statues of humans, animals or birds or similar likeness not exceeding 48 inches in height and nine square feet in size.

(g)

Detached garages. Lots used for single-family or duplex residential dwellings may have a detached garage structure, subject to the following conditions:

(1)

The detached garage shall not exceed 400 square feet in floor area;

(2)

The detached garage must be fully enclosed; and

(3)

The detached garage must comply with the zoning setbacks required for the principal structure; and

(4)

The detached garage shall not exceed 18 feet in height.

(h)

Prohibited uses. Accessory structures shall not be used for living quarters, business uses, home occupations (other than storage), commercial equipment, or commercial kennels.

(i)

Use of vehicle as storage/utility building. Vehicles, including cargo or utility trailers and mobile homes, shall not be used as storage or utility buildings, except that trailers may be temporarily used in construction if a building permit has been issued. The trailer shall be removed within ten days after a certificate of occupancy is issued.

(Ord. No. 972, § 19, 8-15-07; Ord. No. 1150, § 1, 1-17-18; Ord. No. 1160, § 6, 11-7-18; Ord. No. 1185, § 1, 6-3-20; Ord. No. 1245, § 5, 2-21-24; Ord. No. 1278, §§ 2—4, 11-19-25)

The purpose of this division is to regulate the location and character of fences, walls, and pool enclosures to ensure compatible relationships between abutting properties, provide for public safety, and foster an attractive community appearance.

(a)

Fences shall not be erected in front of the outside corners of a house or encroach into a setback adjacent to a street. On a corner lot, however, a side yard fence may be erected up to and inside the property line abutting the adjacent side street public right-of-way as long as it is not located in the front yard of any lot. The only exception shall be that a decorative wall may extend beyond the front corner of the house as long as the wall meets the minimum front yard setback and has the same color and facade texture of the house.

(b)

Fences shall not exceed six feet in height above the finished grade of the property, with the following exceptions:

(1)

If two homes with a common property line have a difference between the finished floor elevations, the height of the fence between the properties may be increased one inch for every inch of difference between such elevations, to a maximum increase of 12 inches. No fence shall exceed seven feet in height. Adequate data must be provided to the building official to confirm the difference between finished floor elevations.

(2)

Tennis courts may have regulation-height fences, with a maximum opaqueness of 30 percent.

(3)

A fence or wall may be up to eight feet in height if (a) between residential zoned properties and non-residential zoned properties and/or (b) between non-residential zoned properties.

(4)

Columns within a block wall may be up to seven feet in height provided the column width does not exceed 30 inches with a minimum spacing of eight feet.

(5)

For parcels abutting canals, fencing located within ten feet of the water's edge shall not be higher than four feet and shall not have more than 30 percent of any vertical surface areas per running foot constructed of opaque materials.

(c)

Masonry walls may be used for fencing. Except for decorative masonry block walls, all masonry block walls shall have a painted stucco, brick veneer, or other painted masonry surface on both sides.

(d)

All fences located east of Highway A1A shall be constructed of plastic-coated chainlink, ultraviolet-resistant polyvinyl chloride (PVC), or aluminum. A fence shall not have more than 30 percent of any vertical surface areas per running foot constructed of opaque materials.

(e)

For any fence adjacent to a street, the posts and stringers shall face the interior of the fenced property.

(Ord. No. 972, § 20, 8-15-07; Ord. No. 1130, § 2, 12-7-16; Ord. No. 1186, § 1, 6-3-20; Ord. No. 1265, § 2, 3-5-25)

(a)

An outdoor swimming pool or spa deeper than 12 inches shall be completely surrounded by a fence, pool enclosure, or masonry wall at least four feet in height and constructed so that a four-inch diameter sphere cannot pass through any opening.

(b)

All pedestrian-access gates or doors in the fence, enclosure, or wall shall be equipped with a self-closing and self-latching device, but the door of any dwelling which forms a part of the enclosure need not be so equipped. Any gate wider than six feet must be locked in the closed position when not in use.

(c)

During construction, all unattended pools shall be enclosed with a temporary fence at least four feet in height. Such temporary fences can be utilized for a maximum of 90 days after the permit is issued. After 90 days, a temporary fence shall be replaced with a permanent fence.

(d)

Fences required by this section shall be maintained in good condition for safety reasons. Any repairs to these fences shall be completed within 24 hours of notification by a city official.

(e)

Refer to the Florida Building Code for additional requirements.

Barbed-wire fences, electric fences, and fences with broken glass, spikes, or other sharp points that may cause injury are prohibited.

A permit shall be required to construct more than 24 feet of permanent fence within a 12-month period. For existing fencing, replacement of more than 50 percent feet of permanent fence within a 12-month period shall require a permit. No permit shall be required to repair any fence in the same location.

Fences or walls that do not meet the requirements of this division at the time of adoption of this ordinance may be replaced provided the nonconformity is not increased and the fence or wall is located west of Highway A1A. Fences or walls east of Highway A1A must comply with subsection 30-516(d) of this Code if replaced or if the repairs exceed the thresholds in subsection 30-423(c)(3) of this Code.

(Ord. No. 972, § 21, 8-15-07)

A masonry wall with a minimum height of six feet and maximum height of eight feet in height shall be constructed between commercial or industrial properties and residential properties by the developer of the property. When property is rezoned, the wall shall be provided by the developer of the rezoned property.

(Ord. No. 972, § 22, 8-15-07)

This division shall apply to all docks, boatlifts, boatramps, boats, piers and mooring piles that are to be constructed within the city limits of Satellite Beach, except lots located on the Banana River so long as such structures are regulated by the State of Florida.

(a)

Structures shall not extend into the water more than 20 feet or 20 percent of the canal's width, measured at mean high water, whichever is less except mooring piles on the Grand Canal may extend into the water no more than 30 feet.

(b)

Every portion of any structure set forth in section 30-524 shall be set back at least ten feet from the extended side-yard property line.

(c)

Except as provided in paragraph (g) below, no structure shall be higher than the owner's seawall or, if there is no seawall, no higher than three feet above mean high water. Maximum height of mooring piles shall be ten feet above mean high water.

(d)

No untreated wood shall be allowed.

(e)

Tires shall not be affixed as fenders.

(f)

Structures must permit the clear flow and cleansing action of the water.

(g)

Structures over water may be covered with a roof as long as the following restrictions are met:

(1)

Maximum roof area shall be 600 square feet, including overhang;

(2)

Minimum roof pitch shall be 4-in-12;

(3)

Maximum roof height shall be 20 feet above mean high water;

(4)

Structure shall be open on all sides; and

(5)

Construction above the roofline (i.e., sitting areas, sunbathing areas, etc.) shall be prohibited.

(6)

Canopy roofs are permitted and shall comply with the above except for roof pitch. Canopy roofs shall be defined as an arched or pitches structure constructed of metal or composites with a fabric top.

(Ord. No. 972, § 23, 8-15-07; Ord. No. 1064, § 2, 4-17-13; Ord. No. 1266, § 2, 3-5-25)

(a)

Boats shall not be docked or moored at any shoreline or structure in the waterways of the city so as to impede navigation. Boats shall not extend from a bulkhead or shoreline more than 35 feet or 30 percent of the waterway's width, measured at mean high water, whichever is less.

(b)

Boats shall maintain a five-foot setback from the extended side-yard property line.

(c)

Canals lying north and south of Samsons Island. In addition to the other requirements of this section, structures and moored boats in these canals shall leave open at least 17 feet of waterway on each side of the center of the canal.

Before a building permit is issued by the city, copies of all permits required by other government agencies must be furnished.

All docks, piers, boat ramps, mooring piles, boat lifts, boat slips, and davits shall be maintained so as to prevent them from becoming deteriorated, structurally unsound, unsafe, hazardous to navigation, or otherwise not in compliance with applicable provisions of this article.

Swimming pool and spa tanks, decks, and enclosures:

(a)

Shall not be constructed in any front yard, except that a property on a corner lot may have a pool in the front yard facing the secondary street if the yard is enclosed with a six-foot fence. In that event, a pool or spa enclosure shall be prohibited.

(b)

Shall have minimum setbacks of five feet from the rear and side property lines and ten feet from the canal shoreline or bulkhead. The contractor shall be responsible for ensuring that said structures comply with minimum setback requirements and do not encroach upon any easement of record. Whenever any of said structures is within 24 inches of an easement or setback, the contractor shall submit a sealed survey from a registered surveyor showing the structure location after forms are in place and before a steel inspection. If the contractor certifies that the structure is not within 24 inches of an easement or setback and the building official does not concur, a sealed survey from a registered surveyor shall be submitted.

There shall be at least three feet of pool deck or landscaped area between the interior wall of the swimming pool or spa and the exterior wall of the house.

In addition to complying with the foregoing requirements, a swimming pool designed to be installed above ground and its associated deck shall be a maximum of four feet above grade.

A 55-gallon barrel with an open top and no holes in the side or bottom shall be used when pumping water into city rights-of-way, and the contractor shall empty the barrel before the sand reaches the top of the barrel. The building official is authorized to stop construction at any time that this procedure is not followed. Pool construction sand and debris which is deposited into city rights-of-way, including the storm drain invert which collects the pumped water, shall be cleaned up as needed and before each inspection.

The pumping of water during construction or refinishing of a swimming pool or spa shall not exceed seven consecutive days for each phase of construction, except for causes such as unusual rainy weather, large amounts of underground water, or circumstances beyond the contractor's control. In any event, the contractor shall seek authorization from the building official to pump water for more than seven consecutive days.

The pumping of water except for construction shall be discharged on the pool owner's property and not into the street, canal or ocean.

(a)

At least one driveway that connects to the required garage or parking space shall be constructed of concrete, asphalt, interlocking paver blocks or similar materials with a minimum width of ten feet for a one-car garage and 16 feet in width for a two-car garage. All other driveways and parking pads located on private property shall be constructed of gravel pavers, mulch, asphalt, concrete or similar materials. Parking on grass in residential yards is prohibited. Concrete, asphalt and interlocking paver block driveways shall be setback two feet from the side and rear property lines and shall not encroach into any easement of record. Driveways located within the street right-of-way shall be constructed of pavers, asphalt or concrete and shall comply with section 30-537 of this Code.

(b)

Uncovered patios and decks shall not be located within any front yard setback, shall be at least two feet from the side and rear property lines, and shall not encroach into any easement of record if constructed of concrete. Said structures shall also be set back at least ten feet from any canal shoreline or bulkhead. In addition, the following may be built along a canal to the rear canal shoreline or bulkhead if the following conditions are met:

(1)

Plastic or pressure-treated wood deck along a canal may be built to the rear lot line if the following conditions are met:

a.

Every portion of the deck is set back at least 20 feet from the side property line.

b.

The deck flooring is constructed with nominal two-inch-thick boards, which shall be spaced approximately one-eighth-inch apart.

c.

The deck does not exceed the height of the finished floor level of the principal structure or 30 inches above the finished grade or bulkhead cap, whichever is lower.

d.

Where decking will be installed over lawns and yard areas which drain toward a body of water, soil-erosion protection is installed under the decking to prevent erosion and discharge of the underlying soils into the water body from overland flow of water or rainfall, one of the following methods of stabilization shall be constructed:

i.

A cellular soil-confinement system with minimum height or thickness of cells to be 1.5 inches. In-place soils or other granular material shall be used to fill the cells and anchor the confinement system into the ground. All installations shall be in accordance with the manufacturer's instructions and guidelines.

ii.

Permeable geotextile fabric covered with a six-inch to twelve-inch blanket of gravel or stone. The perimeter of the geotextile fabric shall be anchored into the underlying soils in accordance with the manufacturer's instructions and guidelines.

iii.

Other systems and methods if it can be shown to the building official that their use will not allow soil erosion greater than the methods in (i) and (ii) above.

(2)

Pavers along a canal may be built within one foot of the bulkhead if the following conditions are met:

a.

Every portion of the paver deck is set back at least 20 feet from the side property line; and

b.

Along the bulkhead cap there shall be a minimum one foot width of permeable geotextile fabric covered with a six-inch to twelve-inch blanket of gravel or stone. The perimeter of the geotextile fabric shall be anchored into the underlying soils in accordance with the manufacturer's instructions and guidelines; or

c.

The paver deck shall be sloped away from the bulkhead so that the surface water run-off from the paver deck will not be directed into the adjacent canal.

(Ord. No. 946, § 8, 8-16-06; Ord. No. 972, § 24, 8-15-07; Ord. No. 1148, § 4, 11-15-17; Ord. No. 1254, § 2, 8-21-24)

(a)

In addition to section 30-536 of this Code, all lots within the city shall conform to the following driveway requirements, as applicable:

(1)

Except for single-family and duplex lots, one driveway per lot shall be permitted for properties with up to 150 feet of street frontage, and an additional driveway shall be permitted for each additional 150 feet or fraction thereof of street frontage. Driveways shall be located at least 50 feet apart measured from the closest driveway edge at the right-of-way line, and at least 30 feet from the nearest street intersection measured from its nearest right-of-way line. No driveway or curb cut shall be permitted on the radii of any intersection.

(2)

For all single-family and duplex lots, no driveway shall be located within two feet of the projected property line or within 25 feet of any intersection, measured from the closest edge of the driveway to the right-of-way line of the side street. The total aggregate width of all driveways on said lots shall not exceed 36 feet.

(3)

Except for single-family and duplex lots, driveways shall be at least 15 feet wide for one-way traffic and a minimum 24 feet wide for two-way traffic, measured at the right-of-way line, and provided no driveway shall exceed 30 feet in width.

(4)

All driveways shall be constructed of concrete, paving, interlocking paver blocks or similar materials with a minimum of ten feet in width from the street to the garage or required parking stall. In no case shall driveways be constructed of mulch, gravel or similar materials. If the city or utility company is required to remove part or all of a driveway located within the right-of-way or easement, the city or utility company will replace the driveway at a cost not to exceed the cost of poured concrete.

(Ord. No. 946, § 9, 8-16-06; Ord. No. 972, § 25, 8-15-07; Ord. No. 1254, § 3, 8-21-24)

The purpose of these provisions is to provide an opportunity for development of tennis and similar recreational courts as accessory uses in residential districts, to protect the integrity of neighboring residential areas, and to mitigate any deleterious impacts on proximate properties. Tennis courts and similar recreational courts may be developed as accessory uses in residential districts when such courts are located on the same lot as the main residential use subject to the provisions of this chapter except no restrictions shall apply to the R1-A zoning district.

(a)

Tennis court fencing requirements.

(1)

Fences up to ten feet in height, as measured from the finished grade outside the court, shall be permitted, when located behind the required setback areas.

(2)

For court fencing located at least 25 feet from all property lines, a fence eight of 12 feet shall be allowed.

(3)

All portions of fencing exceeding six feet in height shall be of an open mesh such as chain link.

(4)

Windscreens and similar devices shall be prohibited above the six-foot height.

(b)

Landscaping and screening. All courts visible from the public streets shall be screened by landscaping. Landscaping shall be submitted to the building official for approval and must indicate plants of sufficient height and density to screen the court.

(c)

Artificial illumination. Artificial illumination of tennis courts shall be subject to a conditional use permit.

(d)

Non-conforming tennis courts. All tennis courts that are non-conforming on the adoption of this ordinance shall be allowed to repair or replace all fencing, nets, courts and other related items provided said tennis courts are not relocated or expanded.

(a)

Dish antennas which do not exceed 18 inches in diameter shall be exempt from regulation by the city.

(b)

Dish antennas exceeding 18 inches in diameter shall be permitted in the city subject to the following conditions. Such antennas:

(1)

Shall be considered a structure requiring a building permit from the city prior to installation. Before the permit may be issued, the applicant shall provide the building official with two sets of structural drawings signed and sealed by a licensed architect or engineer.

(2)

Shall be limited to one per principal structure.

(3)

Shall be made of optically nonreflective material, with a maximum diameter of ten feet, and a maximum height of 13 feet in any position.

(4)

Shall not be placed in any front or side yard and shall not encroach into any easement or setback. If adhering to this restriction hinders reception, the permittee may request an exception to this requirement by demonstrating the hindered reception to the building official and requesting an alternative location. If the building official deems the proposed location to be unsafe, the building official shall reject the location.

(5)

Shall not be mounted on the roof of any structure in R1 and R2 zoning districts. In all other zoning districts, roof-mounted dish antennas shall be allowed on any structure higher than two stories, provided that the antenna does not exceed four feet in diameter.

(a)

Other roof- and tower-mounted antennas which do not exceed six feet in dimension or do not extend higher than five feet above the highest point of the roof shall be exempt from regulation by the city.

(b)

Other roof- and tower-mounted antennas which exceed six feet in dimension or extend higher than five feet above the highest point of the roof shall be permitted in the city subject to the following conditions.

(1)

A tower or antenna shall be considered a structure requiring a building permit from the city prior to installation. Before the permit may be issued, the applicant shall provide the building official with two sets of structural drawings signed and sealed by a licensed architect or engineer.

(2)

Only one tower shall be permitted per principal structure. This tower may have more than one antenna.

(3)

Towers and antennas shall be set back from all property lines a distance equal to the maximum height of the tower and antenna.

Any lawfully-installed dish or other antenna that is made nonconforming by this article shall be made conforming when the antenna is replaced or relocated.

(a)

The following provisions shall apply during sea-turtle nesting season (May 1 through October 31):

Exterior artificial lighting shall be shielded so that the source of light, including any translucent covering, is not visible from any point lower than five feet above any point on the beach. Light fixtures made nonconforming by this section shall be made conforming when the fixtures are replaced for any reason.

Campfires, bonfires, and flashlights without red filters or red LED light sources are prohibited on the beach.

(b)

Parking areas and roadways shall be designed and located to prevent vehicular headlights from directly or indirectly illuminating the beach or ocean. Berms, vegetation, or other physical barriers blocking illumination shall be used to the maximum extent feasible.

Sidewalks shall be provided for all new construction in the city. New sidewalks shall be:

(a)

Constructed of concrete at least four inches thick and five feet wide;

(b)

Located at least one foot from the edge of the right-of-way;

(c)

Connected to street paving at intersections; and

(d)

Aligned with and connected to any existing sidewalk(s) on abutting properties.

Septic systems shall be prohibited within the city. Any septic system in existence when this chapter is enacted shall be removed when renovations are made to the principal structure which exceed ⅔ of the structure's assessed value.

(a)

The exterior of every structure shall be maintained in good repair, in a safe and sanitary condition, and free of deterioration, broken glass, loose shingles, crumbling stone or brick, excessive chipping or peeling paint, broken stucco, and other damaged building materials and components.

(b)

Paved areas shall be maintained in good repair, free of potholes and other deterioration.

(c)

The entire premises shall be maintained so as not to constitute blight or detract from the general appearance of any nearby properties.

(d)

Above ground piping, concrete footings, poles and similar materials which have been abandoned and no longer serve the purpose for which they were intended shall be removed.

(Ord. No. 972, § 26, 8-15-07)

A minimum of one foot of roof overhang is required on all single-family residential construction.

(Ord. No. 972, § 27, 8-15-07)

In all single and two-family districts, minimum roof pitch for the primary structure shall be three vertical in 12 horizontal.

Roof coverings for pitched roofs three vertical units in 12 horizontal units or greater shall be either tile, asphalt shingle, or metal.

(Ord. No. 982, § 1, 12-19-07)

(a)

Chimneys, television and radio towers and antennas, steeples, cooling towers, elevators, parapets, east side of Highway A1A, open guardrails only along the east side (ocean) and other necessary mechanical appurtenances are exempt from the height limitation.

(b)

Cupolas and ornamental towers and spires shall be allowed on structures provided that:

(1)

They have a combined footprint of less than ten percent of the structure and a profile extending less than 20 percent of the length and width of the structure.

(2)

Their maximum height does not exceed 20 percent of the structure's height.

Within the community redevelopment district, all new development, additions, expansions, renovations, remodeling or upgrading of utilities that require any new above ground utilities or poles shall be required to place all said new utilities underground at the owner's expense. This will include any new above ground utilities and poles that are not on the site for the proposed or existing development.

The floor level of the living area of residential buildings and the level of the first floor of commercial, institutional and industrial buildings or structures must be a minimum of 18 inches above the highest point of any abutting street.

All single-family and two-family new construction shall direct all surface water to the street unless said development is within an approved master surface water runoff management system.

All exterior lighting shall be positioned to prevent glare or spillover onto adjacent properties and be in compliance with section 30-546, "sea turtle protective lighting".

The city council shall establish by resolution reasonable application, development agreement, review, permit and inspection fees in relation to the city's cost in administering the provisions of this chapter. All required fees shall be paid at the time of issuance of each permit. Every reinspection shall require an additional fee payable before such reinspection. Refunds shall not be made for any unused or expired applications or permits. A schedule of such fees shall be maintained by the city and provided to interested parties on request.

(Ord. No. 1274, § 2, 10-1-25)

When a permit is issued by the building department to demolish the only primary structure for which a site plan and development permit have not been approved and issued for redevelopment of the primary structure, the owner shall also remove all accessory structures and foundations except for required walls in accordance with section 30-521. All land then must be stabilized within 30 days of the removal of the primary structure with sod or grass seed to prevent soil erosion.

(Ord. No. 972, § 29, 8-15-07; Ord. No. 1008, § 1, 4-1-09)

Editor's note— Section 29 of Ord. No. 972 provided for the addition of § 30-558. Inasmuch as § 30-558 was previously codified at the direction of Ord. No. 896, § 1, adopted Nov. 30, 2004, the provisions of Ord. No. 972, § 29, have been included as § 30-558.1 at the discretion of the editor.

(a)

Applicability. The work covered by this section consists of all operations in connection with excavation and trenching for utilities, including dewatering, shoring, bracing, backfilling, compacting, protective slabs, restoration of surfaces (paved or otherwise) and disposal of surplus materials when installing utility lines (gas, electric, telephone, sewer and television cable, etc.) within the rights-of-way of the city.

(b)

Trench excavation generally; maintenance period. All trench excavations shall be of sufficient size to permit proper laying and jointing of the utilities. The amount of trench to be open at any one time shall be limited at the discretion of the city, to minimize public inconvenience and damage to life or property, provide trench crossings as necessary to accommodate public travel, and permit convenient access at all times. The excavated materials shall be deposited neatly at the sides of the trench in such a manner as to least inconvenience traffic. Should any trench settle below grade during a period of one year after the work is performed, the utility owner shall promptly correct the settlement with placement of appropriate material to the satisfaction of the city and at no cost to the city.

(c)

Protection of underground pipes, conduits, etc.; liability for damage. Any pipes, conduits, wires, mains, footings or other underground structures encountered in trenching shall be carefully protected from injury or displacement. Any damage thereto shall be fully, promptly and properly repaired to the satisfaction of the city and the owner thereof.

(d)

Cutting of pavement. When excavations are to be made in paved surfaces, the pavement shall be cut by means of pneumatic or other suitable tools to provide a clean, uniform edge with minimum disturbance of remaining pavement.

(e)

Testing. In order to ensure that all backfilling and pavement repair are accomplished in a manner which is likely to ensure against future failures, a series of testing requirements are defined in this section. The requirements for testing may be waived for a period up to one year, or for a specific project. Such a waiver may be granted by the city manager where in his opinion the utility has demonstrated by past performance a capability and willingness to comply with the requirements of this section. This waiver may be withdrawn or renewed at the discretion of the city manager. In reaching a decision to grant or withdraw a waiver, the city manager should be guided by advice from the building official and city engineer.

(f)

Backfill.

(1)

Material. Material for backfill around and over the utility shall be carefully selected from the excavated material or from other sources as may be required. Such materials shall be granular and shall be free from organic matter debris. The material shall be compacted by rolling, tamping or flooding, and proper allowance shall be made for settlement.

(2)

Unpaved areas. After any section has been successfully completed, the trench shall be carefully backfilled with selected earth, free of any wood, paper, glass, metal or organic matter. Backfill shall be placed in appropriate lifts and be compacted by tamping, flooding or some other method acceptable to the city to a minimum of 95 percent of maximum density as determined by AASHO, Method T 180.

(3)

Paved areas. Backfilling of trenches under roadways and areas to be paved shall be placed in six-inch maximum layers after filling one foot above the utility. Each layer shall be compacted to a minimum density of 98 percent of maximum density as determined by AASHO, Method T 180.

(4)

Tests. In order that all parties concerned may be assured that the compaction requirements set out in this subsection have been successfully met, the following test shall be performed by a licensed engineering testing laboratory and submitted by the utility owner at no cost to the city:

(g)

Pavement repair.

(1)

Generally. Existing pavement removed, disturbed or destroyed by the construction work shall be repaired or replaced by methods and materials which will provide a finished pavement at least equal in all respects to the pavement existing before construction commenced. Base material shall be placed upon completion of backfilling and the street or alley then opened to traffic. The new base shall be the same material and thickness or equal to the original base. Until the final wearing surfacing material is placed, the surface of the base shall be maintained in a smooth riding condition.

(2)

Patching pavement.

a.

Backfilling. Backfilling of trenches under roadways and areas to be paved shall be placed in layers after filling one foot above the utility. Each layer shall be compacted to a minimum density of 98 percent of maximum density as per AASHO, Method T 180.

b.

Removal of curbs. Concrete curbs shall not be disturbed when it is practical to tunnel underneath. Where tunneling is not possible, the curb shall be removed to the nearest joint and replaced with identical sections.

c.

Pavement repair standards.

1.

The minimum pavement repair shall consist of the following:

i.

Subbase. The subbase shall be an eight-inch compacted thickness of material with a Florida Bearing Value of 50 psi, compacted to a minimum of 100 percent of maximum density as per AASHO T 180, Method A.

ii.

Base for trenches wider than eight feet. The base shall be six-inch compacted limerock or approved cemented coquina, compacted to 100 percent maximum density as per AASHO T 180, Method A, and rolled and shaped to a proper contour, for trenches wider than eight feet.

iii.

Base for trenches narrower than eight feet. A four-inch layer of 3,000 pounds per square inch concrete shall be installed for trenches narrower than eight feet.

iv.

Prime coat. The base shall be primed with a minimum of 0.2 gallons per square yard of RC-1S and sanded as required.

v.

Surface. The surface shall be a one-inch compacted thickness of plant mix, state department of transportation hot mix type 11, modified to 2,300 pounds Hubbard-Field Stability. The surface shall be finished to the proper grade and cross section to match the original pavement.

2.

Where the pavement removed is superior to the minimum specifications as set forth in this subsection, the patch shall be equal to the pavement removed.

3.

For all flexible type pavements, the existing pavement shall be cut back vertically and horizontally a minimum of one-foot beyond any area where the base was disturbed in a straight line, and the edge of the existing pavement and base shall be painted with RC-1S or RC-3.

4.

For all rigid pavements (concrete) the pavement shall be first cut with a saw and then broken out so as to leave a straight edge a minimum of a one-foot distance beyond any area where the base was disturbed.

5.

Should any pavement repairs fail or settle during the one-year maintenance period, the utility owner shall promptly repair or replace such pavement to the satisfaction of the city and at no cost to the city.

6.

In order that all parties concerned may be assured that the requirements set out in this subsection have been successfully met, the following tests shall be performed by a licensed engineering testing laboratory and submitted by the utility owner at no cost to the city:

i.

Stability and gradation of asphalt: One per 2,000 square feet or one per day of installation of asphalt.

ii.

In-place density tests of base and subbase: One per 2,000 square feet or one per patch per six inches of depth.

iii.

Florida Bearing Values of subbase: One per 2,000 square feet or one per patch per eight inches of depth.

(3)

Pavement repair procedures. To maintain good and efficient traffic on public roads, the contractor shall comply with the following procedures:

a.

Backfilling shall be completed immediately after installation of the utility.

b.

The surface grade of the backfilled material shall be maintained to the proper grade and cross section.

c.

Within one week after backfill is installed, the subgrade and base material must be installed to final grade.

d.

The utility owner must prime the surface of the base or keep it dampened and to proper grade, to reduce dusting.

e.

The utility owner must maintain the base to proper grade.

f.

The utility owner must recut and reshape material and apply primer and place the final wearing surface as soon as practicable.

(4)

Resurfacing streets. Where streets are to be resurfaced instead of patched, the base shall be finished to fit the existing crown and a one-inch surface course applied as outlined in subsection (2) of this subsection.

(5)

Stabilized streets and alleys. Where limerock, clay, shell or other forms of street and alley stabilization exist, the top one-foot shall be separately removed for the width of the trench and kept separate from the general excavation. Additional stabilizing material meeting the approval of the city shall be added as required to restore the street or alley to not less than its original condition.

(6)

Sidewalk, curb and driveway repairs. Where existing concrete sidewalks, curbs or driveways are damaged or destroyed in the performance of this work, they shall be repaired so as to provide a finished repair at least equal in all respects to the existing structures prior to construction.

(7)

Lines installed parallel to pavement. Where utility lines run parallel to pavement, it will be incumbent upon the utility owner to prevent damage to the adjacent curbing and pavement by sheeting or shoring.

(h)

Grassing. All lawns or other grassed areas within or adjacent to the right-of-way that are disturbed or damaged by the construction operation shall be restored by resodding. Sod shall be similar to the type of grass in place. In rural areas, or at other points along the construction route, disturbed areas of grass may, with the approval of the city, be restored by seeding and mulching. Such areas shall be agreed upon and approved prior to excavation and shall be grassed and mulched as specified in this subsection.

(1)

Seed. The grass seed shall be scattered uniformly at a rate of 60 pounds per acre. During the period of March 15 to October 15, the seed mixture shall be 30 pounds of Argentine Bahia and 30 pounds of hulled Bermuda. During the remainder of the year the mixture shall be 20 pounds each of Bahia, Bermuda and rye grass seed.

(2)

Mulch. The mulch material shall be straw or hay, consisting of oats, rye or wheat straw, or of Pangola, peanut, Bermuda or Bahia grass hay. The mulch shall be spread at a rate of nine tons per acre and shall be free from undesirable weeds or other undesirable grasses.

(3)

Fertilizer. A 50 percent organic fertilizer, with chemical designation 6-6-6, shall be spread uniformly at the rate of 1,200 pounds per acre.

(i)

Overall area grading. Within the limits of construction and the outer limits of clearing and grubbing, all holes and other depressions shall be filled, all mounds and ridges cut down and the area brought to a sufficiently uniform contour that the subsequent mowing operations will not be hindered by irregular terrain.

(j)

Cleanup. During the progress of the work, the utility owner shall clean up the work areas as portions of work are completed. Upon completion of the work, all trash, debris and excess material must be hauled away and disposed of to the satisfaction of the city. The completed work shall be cleaned and graded to a condition at least equal to that existing before the start of construction, including the replacement of shrubs and sodding removed or damaged while in the course of construction.

(k)

Permit required; emergency work.

(1)

A permit, authorized by the city, must be obtained from the building official prior to any excavation, construction or work of any type which disturbs the established paving on public streets, sidewalks, driveways or rights-of-way within the city. A copy of this permit shall be provided by the building official to the heads of all other city departments. The permit shall include the estimated date that construction is to commence, the location of the construction and the estimated date of completion.

(2)

The permit shall be issued at no charge to the utility.

(3)

The requirement for a permit is waived where emergency repairs are necessary outside normal work-hours. In such cases, the police department shall be notified before any work is begun and the building official shall be contacted on the next workday following completion of the emergency repairs.

(l)

Penalty. Any person found guilty of a violation of any of the provisions of this section shall be sentenced to pay a fine of not more than $500.00. Each day any such violation of the provisions of this section takes place shall constitute a separate offense and subject the person convicted to a separate fine.

(a)

This section regulates the operation and location of food trucks and food truck uses within the city. Only those food trucks permitted by the State of Florida as a self-sufficient mobile food dispensing vehicle shall be allowed to operate in the city.

(b)

Food trucks may be located and operated only on privately-owned commercial or industrial zoned property. The food truck owner, operator and/or licensee must obtain the property owner's written permission to utilize the property for food truck operations prior to commencement of operations and shall present a copy of such written permission to city staff upon request.

(c)

Any person operating a food truck shall be required to locate/park and operate such food truck no less than 100 feet from any abutting residentially-zoned property. For purposes of this subsection, "abutting" shall include any residentially-zoned property separated from the property where the food truck is located and operated by any public right-of-way.

(d)

All required state and local permits, business licenses and business tax receipts shall be obtained, held, maintained and visibly displayed in or on the food truck.

(e)

Food trucks shall be located no less than 200 feet from the main entrance of any other eating establishment (or another food truck), unless the owner of such establishment provides the food truck owner with a written letter of no objection, a copy of which the food truck owner shall present to city staff upon request.

(f)

Signage related to the business operations of the food truck shall be limited to those signs that are painted on or attached to the vehicle.

(g)

Food truck operations shall be limited to the hours of 9:00 a.m. to 9:00 p.m.

(h)

Parking of food trucks. Operating food trucks shall only occupy and utilize excess on-site parking spaces, i.e., those above and beyond minimum parking requirements for existing uses.

(i)

Food trucks shall be maintained in a clean and orderly manner; litter and debris shall be removed nightly.

(j)

A lidded trash can shall be provided and located within 20 feet of a food truck for customer use; no unscreened plastic bags or loose objects shall be allowed.

(k)

The food truck owner, operator and/or licensee shall remove waste or trash from, and within 20 feet of, the location of the food truck operation at the end of each day or as needed to maintain the health and safety of the public. Liquid waste or grease shall be disposed of at an approved location and not placed in such places as sewer system, storm drains or onto any sidewalk, street or other public or private space.

(l)

Due to the temporary nature of food truck operations, public bathroom facilities and customer parking are not required; however, nearby toilet facilities shall be required for employees. An agreement with the property owner for use of on-site facilities or a nearby property owner (within 400 feet) to provide bathroom facilities for food truck workers shall be required.

(m)

Food trucks shall be removed from the property at which the food truck operated during allowed business hours after 9:00 p.m. nightly, unless such food truck is owned by the property owner on which the food truck was operating.

(n)

One or more of the preceding requirements may be temporarily modified or suspended with respect to food truck operations conducted pursuant to a special event permit granted pursuant to the city sponsor special event, except for those state regulations governing self-sufficient mobile food dispensing vehicles.

(Ord. No. 1207, § 2, 10-6-21; Ord. No. 1267, § 2, 3-5-25)

Editor's note— Ord. No 1267, § 2, adopted March 5, 2025, amended and renumbered former § 30-917 as § 30-560 as set out herein. The historical notation has been retained for reference purposes.