The provisions of this chapter shall be subject to such exceptions, additions or modifications as provided by the supplementary regulations in this article.

(Ord. No. 95, § XI, 11-17-1976)

Plans for changing any shoreline of a stream or other waterway within the town by filling, or plans for the erection of bridges, shall be submitted to the town commission for approval or disapproval. The town commission shall determine if the proposed improvements adversely affect adjacent properties. Notice is required as provided in section 2-325.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.E.8, 11-17-1976; Ord. No. 111, pt. 1, § 8, 9-13-1978; Ord. No. 227, § 2, 3-8-1994; Ord. No. 252, § VIII, 12-15-1998; Ord. No. 290, Exh. A, 1-15-2002)

As of the effective date of this Ordinance No. [327] all residential lots developed shall contain a vehicular turnaround facility to preclude vehicles normally parked or garaged on site from backing into public roadways from garages, carports, or other driveway areas. Circular driveways, driveway aprons, or other similar facilities approved by the building official shall constitute appropriate vehicular turnaround facilities.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.G, 11-17-1976; Ord. No. 202, § 1, 7-25-1990; Ord. No. 290, Exh. A, 1-15-2002; Ord. No. 327, § 2, 9-12-2006)

No public beaches or public boat ramps shall be constructed unless approved by the town commission at a regular public meeting. Prior to the meeting, the town commission shall have received the advice of the planning and zoning board.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.J, 11-17-1976; Ord. No. 290, Exh. A, 1-15-2002)

Cross reference— Marine activities, facilities and structures, ch. 62.

No permit will be issued for a building or dwelling located in the town unless the dwelling conforms in all respects with chapter 58, article II.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.K, 11-17-1976; Ord. No. 111, pt. 1, § 12, 9-13-1978; Ord. No. 290, Exh. A, 1-15-2002)

Cross reference— Flood damage prevention, § 58-31 et seq.

Editor's note— Ord. No. 327, § 2, adopted Sept. 12, 2006, repealed § 82-396 in its entirety. Formerly, said section pertained to landscaping as enacted by Ord. No. 95, § XI.L, adopted Nov. 17, 1976; as amended.

Retaining walls and all associated structures located within 100 feet of the mean high water mark, and visible from the St. Lucie, or Indian River, or visible from adjacent properties, shall be designed and constructed so that at least 50 percent of the wall and associated structures visible from either river and/or the adjacent properties are obscured by vegetation.

Retaining walls and seawalls shall be sited and constructed to minimize the impact on native shoreline vegetation.

All walls within 20 feet of the mean high water mark, but not abutting the water's edge, shall be obscured as above, using native shoreline vegetation.

(Ord. No. 376, § 2, 9-25-2012)

Marijuana dispensary facilities, whether medical or non-medical, are prohibited from being located anywhere within the boundaries of the Town of Sewall's Point.

(Ord. No. 403, § 4, 10-14-2014; Ord. No. 415, § 2, 4-10-2018; Ord. No. 468, § 3, 10-22-2024)

(a)

Intent and purpose. In order to assure public safety, foster tree preservation, and improve and protect the aesthetic character of the town, for new construction and for existing structures receiving substantial improvements along North Sewall's Point Road and South Sewall's Point Road, all utilities should be installed underground rather than as overhead utility distribution facilities.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the primary structure minus the land value and any accessory structures, either before the repair or improvement is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either:

(1)

Any project for improvement of a structure so as to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Utilities means all wired utility and any public or private wired service including, but not limited to electrical service, telecommunications service, cable television service and internet service.

(c)

Applicability. This section is applicable to lots that meet the following criteria:

(1)

The lot is located on North Sewall's Point Road or South Sewall's Point Road; and

(2)

Access to the closest utility distribution pole is located on the opposite side of North Sewall's Point Road or South Sewall's Point Road.

(d)

Underground requirement. Property owners undertaking new construction or substantial improvement to an existing structure on a lot described above shall be required to install all utilities underground.

(e)

Waiver. Any person or entity owning property subject to the requirements of this section may file an application, in a form specified by the town and accompanied by payment of the required application fee, seeking to be relieved of these requirements. The fee may be set by resolution. If the applicant claims that technical reasons are the basis for the waiver application, the application shall be accompanied by a detailed statement by a Florida-licensed professional engineer, qualified with respect to utility issues, explaining why it is technically not feasible to locate such utilities underground. The town manager or designee shall review the application and make a recommendation to the town commission which shall have final authority to grant or deny a waiver. The town commission may grant a waiver if the application is supported by information detailing justifiable reasons for not pursuing the subject undergrounding, including, by way of example and not limitation, technical infeasibility or impracticability, costs outweigh the benefits (as determined by the town), the responsible utility's refusal to allow undergrounding, or the existence of laws, ordinances or regulations that prohibit the undergrounding.

(Ord. No. 417, § 2, 7-24-2018)

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, or to chimneys, ventilators, skylights and other similar features usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, and in no event shall such height exception exceed three feet without the permission of the town commission. Notice is required as provided in section 2-325.

(Ord. No. 95, § XI.C, 11-17-1976; Ord. No. 252, § VII, 12-15-1998)

No lot shall be so reduced in area as to make any required open space smaller than that prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building that is located on the lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.D, 11-17-1976; Ord. No. 290, Exh. A, 1-15-2002)

(a)

Applicability of requirements to athletic facilities. Tennis courts or other athletic facilities, such as but not limited to swimming pools, pool structures, poolside aprons, and terraces, shall not be considered a part of the building in the determination of yard sizes but shall be included in the calculation of lot coverage and shall be subject to building setback line regulations.

(b)

Swimming pools on riverfront or waterfront lots. Swimming pools on riverfront or waterfront lots shall be permitted within 50 feet of the mean high water line measured perpendicular from the principle structure to the seawall or the river so long as the swimming pool structure does not substantially obstruct the river view of the adjacent lot owners. However, no pool shall be allowed within 25 feet of the high waterline or sea wall on riverfront or waterfront lots.

(1)

The finish elevation of swimming pool/deck within 50 feet of the high waterline or seawall of the river shall not exceed 18 inches above the average natural grade as measured at the side lot lines and the center point between the side lot lines of the waterside setback line.

(2)

Setback reductions permitted on riverfront or waterfront lots for swimming pools and associated deck structures shall be accompanied by an equivalent increase in the setback distance from the mean high water line for the primary residence and any accessory structure, as established in subsection 82-274(a)(6) whether existing or proposed; provided, however, that in no case shall the net buildable area of the site within the newly increased setback area be reduced to less than 3,000 square feet. The setback provisions of this paragraph shall not apply to lots where the distance between the front setback line and rear setback line is less than 100 feet.

(c)

Athletic facilities in front of principal building; lighting of athletic facilities. Tennis courts or other athletic facilities, such as but not limited to outdoor gymnasiums, shuffleboard courts and swimming pools, shall not be located between the front line of the principal building to be used as a residence and the street upon which the building is located in R-1 districts. Nevertheless, athletic facilities may be permitted in front of the principal building to be used as a residence, provided that such athletic facility shall be no closer to the street upon which the building fronts than 200 feet and all other setback requirements are met. No special lighting for night use of such athletic facilities shall be permitted without permission from the town commission, which permission shall be set forth in a resolution adopted by the town commission. Notice is required as provided in section 2-325.

(d)

Patios, courts and porches. Patios, courts and porches, except as provided in this section, shall be considered a part of the building in determination of yard size and percentage of lot coverage.

(e)

Entrance steps. Entrance steps may project into a required front, side or rear yard area a distance not to exceed five feet and shall not be considered a part of the building in the determination of size of yards or lot coverage.

(f)

Permitted structures in front yard. The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than four feet into any required yard.

(g)

Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than four feet; provided, however, that the sum of such projections on any wall does not exceed one-third of the length of the wall.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.E.1—7, 11-17-1976; Ord. No. 111, pt. 1, §§ 7, 8, 9-13-1978; Ord. No. 117, 11-14-1979; Ord. No. 227, § 2, 3-8-1994; Ord. No. 252, § VIII, 12-15-1998; Ord. No. 280, 2-29-2000; Ord. No. 290, Exh. A, 1-15-2002; Ord. No. 330, § 2, 2-27-2007; Ord. No. 464, § 2, 6-18-2024)

Off-street parking spaces are required as follows:

(1)

Residential uses. For each dwelling erected after the effective date of this ordinance 11-17-1976, there shall be not less than two off-street parking spaces.

(2)

Places of assembly (including churches). There shall be a minimum of one off-street parking space for every three seats provided for patron use, based on maximum seating capacity.

(3)

Restaurants. There shall be a minimum of one off-street parking space for each 50 square feet of customer-patron floorspace, plus one off-street parking space for each two employees.

(4)

Retail establishments. There shall be a minimum of one off-street parking space for each 100 square feet of floorspace devoted to retail sales uses.

(5)

Office buildings. There shall be a minimum of one off-street parking space for each 200 square feet of gross floor area used for service, excluding elevator shafts, stairways and hallways.

(6)

Shopping centers. There shall be a minimum of 5.5 off-street parking spaces for each 1,000 square feet of gross leasable area. If a restaurant is located wholly within a shopping center, this subsection shall control.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.F.1—6, 11-17-1976; Ord. No. 290, Exh. A, 1-15-2002; Ord. No. 327, § 2, 9-12-2006)

Off-street parking spaces shall be located on or adjacent to the lot on which the main building is located, except as otherwise provided for residential districts.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.F.7, 11-17-1976; Ord. No. 290, Exh. A, 1-15-2002)

A plan of parking facilities shall accompany each application for a building permit or certificate of compliance. The completion of the improvements for parking according to such plan shall be a requisite for the validating of the permit or certificate of occupancy.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.F.8, 11-17-1976; Ord. No. 111, pt. 1, § 9, 9-13-1978; Ord. No. 290, Exh. A, 1-15-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Satellite television antenna system means any system of equipment, usually including a dish antenna, designed to receive television, radio and other communication signals, primarily from orbiting satellites. The term does not apply to any community antenna or cable television system that is governed by a separate town franchise.

(Ord. No. 95, § XI.N, 11-17-1976; Ord. No. 144, 12-14-1983; Ord. No. 247, § 1, 6-16-1998)

Cross reference— Definitions generally, § 1-2.

Satellite television antenna systems shall be classified as follows:

(1)

Large diameter: Those with antenna diameters exceeding 36 inches.

(2)

Small diameter: Those with antenna diameters of 36 inches or less.

(Ord. No. 144, 12-14-1983; Ord. No. 247, § 2, 6-16-1998)

(a)

The following shall apply only to small diameter systems:

(1)

Location. No such system shall be located within any front yard or within any required setback area in any district.

(2)

Visibility. No part of the system shall be visible to persons standing at ground level on adjacent properties or streets.

(b)

Exceptions to the provisions of subsections (a)(1) and (2) of this section may be made if signal reception is not otherwise possible.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 144, 12-14-1983; Ord. No. 247, § 3, 6-16-1998; Ord. No. 290, Exh. A, 1-15-2002)

The following shall apply only to large diameter systems:

(1)

Location. All satellite television antenna systems shall be permanently and securely mounted at ground level and shall serve only a single location. No such system shall be located within any front or side yard or within any required setback area in any residential district, or closer than 30 feet to any common property line or street in any other district within the town, unless no part of the system is visible to persons standing at ground level on adjacent properties or streets.

(2)

Dimensions; color; screening. No satellite television antenna system shall exceed 13 feet in height or 13 feet in width. All such systems shall be painted (to the extent possible without significantly impairing their performance) with natural colors blending with the colors of surrounding vegetation and structures. An opaque hedge, wall or fence shall be required between the satellite television antenna system and all adjacent properties and streets so as to conceal the system from the view of persons standing at ground level on the adjacent properties or streets to the extent reasonably possible without violating the height limitations set forth elsewhere in this Code and without significantly impairing the performance of the system.

(3)

Permit. All satellite television antenna systems shall be deemed accessory uses and structures and shall require a building permit before construction. An application for the permit shall be made to the town building official, accompanied by a site plan sketch showing the dimensions and location of the proposed satellite television antenna system in relation to the boundaries, setback lines and existing structures on the property, and a document signed and sealed by a licensed professional engineer registered in the state showing the method of permanently mounting the system, listing the materials to be used and certifying that the system is able to withstand winds up to 120 miles per hour.

Violations of this section shall be a Class D violation, punishable as set forth in chapter 18.

(Ord. No. 95, § XI.N, 11-17-1976; Ord. No. 144, 12-14-1983; Ord. No. 247, § 4, 6-16-1998; Ord. No. 290, Exh. A, 1-15-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Flag pole means any cylindrical structure manufactured specifically to carry and display flags.

(Ord. No. 291, § I, 10-15-2002)

Flags and flag poles must meet the following requirements:

(1)

Flags shall be removed from flag poles when local winds are forecast to be 75 miles per hour or greater.

(2)

Flagpoles shall not exceed 35 feet in height above grade when affixed at ground level.

(3)

A flagpole shall not be placed closer than 15 feet from any road or any adjacent property.

(Ord. No. 291, § I, 10-15-2002; Ord. No. 327, § 2, 9-12-2006)

(a)

Prohibition. It shall be unlawful to take off or land any manned aircraft within the town. This prohibition also applies to the taking off or landing of manned aircraft in and upon the public waters which are located either within the town limits or within the jurisdiction of the town, and at, in or upon any shore, breach, dock, seawall or other structure on such waters.

(b)

Law enforcement exemption. In the event of an emergency, the chief of police for the town, his or her designee, or other law enforcement authority with jurisdiction may authorize a manned aircraft to land or take off within the town limits.

(c)

Enforcement. The town may enforce a violation of this section through any remedy available at law or in equity. Notwithstanding any other section of this Code to the contrary, if the town chooses to enforce a violation of this section or section 62-51 of this Code through its code enforcement procedures, such violation shall be considered an irreparable or irreversible violation and shall be punishable by a fine of up to $5,000.00 per violation.

(Ord. No. 419, § 2, 11-26-2019)

(a)

Synthetic turf may be permitted on all properties subject to the requirements and procedures set forth in this section.

(b)

Synthetic turf shall be included in the calculation of permeable area provided it complies with this subsection and all other requirements of this Code.

(c)

Synthetic turf shall not be counted towards the minimum required landscaped areas, buffers, foundation plantings or landscape islands.

(d)

Failure to comply with the requirements and standards set forth in this division may be enforced through town's code enforcement procedures under chapter 18 of this Code.

(Ord. No. 466, § 3, 9-23-2024)

Synthetic turf shall comply with all of the following design standards and shall:

(1)

Simulate the appearance of live turf, organic turf, grass, sod or lawn, and shall have a minimum eight-year "no fade" warranty.

(2)

Be of a type known as cut pile infill with pile fibers of a minimum height of 1.75 inches and a maximum height of 2.5 inches.

(3)

Have a minimum face weight of 75 ounces per square yard.

(4)

Be manufactured from polyethylene monofilament, dual yarn system, and preferably manufactured in the United States.

(5)

Have backing that is permeable.

(6)

Be lead free and flame retardant.

(Ord. No. 466, § 3, 9-23-2024)

Synthetic turf shall comply with all of the following installation standards and shall:

(1)

Be installed in a manner prescribed by the manufacturer.

(2)

Be installed over a subgrade prepared to provide positive drainage and an evenly graded, porous crushed rock aggregate material that is a minimum of three inches in depth.

(3)

Be anchored at all edges and seams consistent with the manufacturer's specifications.

(4)

Not have visible seams between multiple panels.

(5)

Have seams that are joined in a tight and secure manner.

(6)

Have an infill medium consisting of clean silica sand, small rocks or other mixture. Rubber pellets are prohibited. The manufacturer's specifications shall state that the infill:

a.

Must be brushed into the fibers to ensure that the fibers remain in an upright position;

b.

Will provide ballast to help hold the turf in place; and

c.

Will provide a cushioning effect.

(Ord. No. 466, § 3, 9-23-2024)

Synthetic turf shall comply with all of the following additional standards:

(1)

Synthetic turf shall be separated from planter areas and tree wells by a concrete mow strip, bender board or other barrier with a minimum four-inch thickness to prevent the intrusion of living plant material into the synthetic turf.

(2)

When entirely within private property. Synthetic turf shall be separated from the public right-of-way area by a vertical visual barrier at the property line, such as a hedge or fence. Any area outside the property line shall be landscaped with ground cover or living turf in the swale of the right-of-way or any other rights-of-way adjoining the property.

(3)

When extending into public right-of-way. Synthetic turf installed within private property, which also extends into the public right-of-way shall not require the vertical barrier at the property line, but shall require (1) a public works permit which may include additional conditions and requirements, including enhanced drainage mitigation to the satisfaction of the public works director to account for impact on the public right-of-way: and (2) a right-of-way encroachment agreement in form and substance acceptable to the town manager and town attorney. The town will not be responsible for any damage done to the synthetic turf in the right-of-way or easements. Any repairs and/or replacement will be at the property owner's expense and coordination.

(4)

Irrigation systems proximate to the synthetic turf shall be directed so that no irrigation affects the synthetic turf.

(Ord. No. 466, § 3, 9-23-2024)

Synthetic turf shall comply with all of the following maintenance standards and shall:

(1)

Be maintained in an attractive and clean condition, and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces or edges, heat degradation or excessive wear. The property owner will be responsible for any expense involved in the maintenance of the synthetic turf.

(2)

Be maintained in a green fadeless condition and free of weeds, debris, and impressions.

(3)

Synthetic turf must lie flat and resemble live grass.

(Ord. No. 466, § 3, 9-23-2024)

The following uses of synthetic turf are prohibited:

(1)

Synthetic turf shall not be used in the public rights-of-way or swales, except as may be permitted and maintained in accordance with this subsection.

(2)

Synthetic turf shall not be used as a screening material where screening is required by this Code.

(Ord. No. 466, § 3, 9-23-2024)

All uses of synthetic turf shall require a building permit. The building permit application shall include, at a minimum, all of the following information:

(1)

A complete landscape plan showing the area of synthetic turf, area of living plant material, and area and method of separation between these areas. Minimum landscape requirements shall include minimum required trees and shrubs for new construction and pervious area calculations for all properties.

(2)

Details regarding existing or proposed irrigation proximate to the synthetic turf.

(3)

Brand and type of synthetic turf, including all manufacturer specifications, warranties, and product lifespan.

(4)

A scaled cross section and details of the proposed materials and installation, including but not limited to subgrade, drainage, base or leveling layer, and infill.

(5)

A survey of the property with a signed affidavit from the property owner that no changes have occurred since the date of the survey.

(6)

Previously installed synthetic turf. Synthetic turf existing on private property as of the effective date of this division may maintained as a nonconforming use as provided in section 82-172 of this chapter, subject to compliance with all maintenance standards in this subsection. For unpermitted synthetic turf installed in the public right-of-way, an adjacent property owner shall be required within 90 days of the adoption of this ordinance to obtain a permit and comply with all requirements of this subsection for installation and maintenance of synthetic turf. For synthetic turf installed in the public right-of-way, the property owner will be allowed to keep the installation in the public right-of-way provided they request a permit 90 days after this ordinance is adopted and execute a release to the town for any damages that might occur for any work the town commissions in the right-of-way or easements.

Failure to comply with the permitting requirements of this subsection within the 90-day period shall constitute a continued violation of the Code and the property owner shall be required to immediately remove the synthetic turf from the right-of-way at the discretion of the town manager.

(Ord. No. 466, § 3, 9-23-2024)