The foregoing regulations shall be subject to the following provisions and exceptions:

1.

Chimneys, water tanks, radio or television antennas for commercial purposes, elevator lofts, church [and other houses of worship] spires, flag poles and parapet walls may be erected above the height limits herein established.

2.

No radio or television antennas shall extend more than forty (40) feet above the ground level in R-1, R-2 and for one or two-story dwellings in R-3.

3.

Walls and fences shall not exceed five (5) feet in height; except as provided in item 5 hereof, however, hedges shall not be so restricted.

4.

No business, professional or otherwise, shall be carried on in any dwelling structure.

5.

All clotheslines shall be installed on locations which shall not be conspicuous from the public streets or from adjoining properties. Patio or porch rails may not be used as clotheslines. Clotheslines extending from second or higher floors of buildings are prohibited unless such clotheslines are properly screened from the public streets and from adjoining property. Fences or walls for the enclosure of clothes drying areas may be erected to a maximum height of six (6) feet six (6) inches; provided, however, such construction is approved in advance by the appropriate authorities as to location on the property, the size of the area to be enclosed, and the height of the fences or walls.

6.

Recreation Space. In multiple residential developments where eight (8) or more dwelling units are in one (1) or more structures under single ownership, there shall be provided recreation space and/or facilities at the rate of one hundred fifty (150) square feet per dwelling unit. Such required space may be either within the principal structure, in an accessory structure, outside, or in any combination thereof.

7.

No accessory building except as otherwise provided by this ordinance shall be located in the area between the front wall building line of the dwelling structure and the street line.

8.

Except as provided in article VIII, section 8.6 of this ordinance no accessory building shall be located less than ten (10) feet from any side or rear property line.

9.

Where the accessory building is attached to the principal building or connected thereto by a breezeway, the side yard shall be measured from the outer wall thereof.

10.

No accessory building shall be erected for temporary living purposes before the principal building is under construction to the point of being fully enclosed.

11.

No stands or open counters for feeding, drinking, or other purposes shall be erected or permitted anywhere in the city unless the same is within a building, except that such facilities and uses may be erected or permitted in landscaped park areas in excess of two (2) acres after approval by the city commission.

12.

Medical marijuana treatment center dispensing facilities are prohibited within the city's corporate limits.

(Ord. No. 10-2017, § 3, 10-10-2017)

1.

No swimming pool shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool.

2.

Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises.

3.

Setbacks. For purposes of measuring setback requirements a perimeter of three (3) feet will be established surrounding any swimming pool and shall be considered a part of such pool. All measurements will be taken from this perimeter. The following setbacks shall be observed:

a.

Minimum front setback. Same as requirements for a residence on the parcel of land where the pool is to be constructed; provided, however, that in no case will the pool be located closer to the front lot line than the main or principal building is located.

b.

Minimum side setback. Not less than ten (10) feet from the side lot line except as provided in article VIII section 8.6 of this ordinance.

c.

Minimum rear setback. Not less than ten (10) feet from the rear lot line.

4.

All pools shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet high.

5.

If the pool is covered or surrounded by a screened structure, the setbacks of the structure shall be the same as those in 3 above.

6.

All pools, whether covered or uncovered, shall be considered in computing the lot coverage requirements of this ordinance.

1.

No filling station shall be erected with the City of South Bay, Florida, unless the same is adjacent to U.S. Highway No. 27.

2.

No filling station shall be erected within six hundred (600) feet of an existing station to be measured in a straight line from main entrance door to main entrance door.

3.

The following regulations shall apply to all filling stations:

a.

There shall be a building setback from all right-of-way lines a distance of not less than forty (40) feet.

b.

Main and accessory buildings shall not be constructed closer than fifty (50) feet to any residential district.

c.

The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a filling station shall not be less than twenty (20) feet.

d.

A raised curb at least six (6) inches in height shall be constructed on all street property lines, except at driveway openings.

e.

The length of curb openings shall not exceed forty-five (45) feet.

f.

Where two (2) curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of twenty-five (25) feet at the right-of-way line. Curb cuts for driveways shall not be located closer than ten (10) feet to any adjoining property line.

g.

To insure that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than fifty (50) feet from any residential district.

h.

Gasoline pump islands shall not be located closer than fifteen (15) feet to any street right-of-way line; however, where pump islands are constructed perpendicular to the pavement edge, the pump island shall be located not less than thirty (30) feet back of the right-of-way line.

i.

Canopies shall not be constructed closer than fifteen (15) feet from street right-of-way.

j.

The use of a gasoline filling station for the purpose of selling used motor vehicles, trailers or other recreational vehicles is prohibited.

k.

All oil drainage pits, hydraulic lifts and mechanical repair work shall be located or conducted within an enclosed structure.

l.

No more than two damaged vehicles or vehicles under repair, nor used vehicle components exposed to view from a public road shall be permitted. Such vehicle or vehicles shall not remain for a period exceeding two (2) weeks.

Every use located within the B-2, I-L and I-G Districts shall be so operated as to comply with the following minimum performance standards:

1.

Objectionable noises due to intermittence, beat frequency, or shrillness shall be muffled or eliminated so as not to become a nuisance.

2.

Every use shall be so operated that ground vibration inherent and recurrently generated is not perceptible.

3.

Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Chart.

4.

Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located.

5.

Every use shall be so operated as to prevent the discharge into any drainage ditch, stream, or ground of any waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops or the public water supply beyond the lot line of the property on which the use is located.

6.

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located.

7.

Each use shall be operated as to lessen the damage from fire and explosion.

All places of business selling intoxicating liquors, wines and beverages for consumption of [on] the premises shall not be located within one thousand foot radius of any church [and other houses of worship], school or youth center. The one thousand (1,000) feet shall be measured in a straight line from main entrance door.

1.

Criteria. Special exception uses and their related accessory uses or any expansion, enlargement, or modification of an existing special exception use shall be permitted only upon authorization of the city commission provided that such uses shall be found by the city commission to comply with the following requirements and other applicable requirements as set forth in this ordinance:

a.

That the proposed use is a permitted special exceptional use.

b.

That the use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be protected.

c.

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

d.

That the use will be compatible with adjoining development and the proposed character of the District where it is to be located.

e.

That adequate landscaping and screening is provided as required herein.

f.

That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

g.

That the use conforms with all applicable regulations governing the District where located, except as may otherwise be determined for planned developments.

For planned development, see article XI of this ordinance for additional standards.

2.

Procedure. Special exception uses, including planned developments, shall be heard and decided by the city commission. The commission may grant the special exception, grant it with appropriate conditions, or deny the special exception when not in harmony with the purposes and intent of this ordinance. In the event that a special exception use is granted with appropriate conditions and safeguards, violation of the conditions and safeguards shall be deemed a violation of this ordinance. No special exception shall be granted which will adversely affect the public interest.

A public hearing pursuant to Part II of Chapter 163, Florida Statutes shall be held on all applications for special exception uses. The planning and zoning board shall review all applications for special exception uses and shall file a report with written recommendations with the city manager not less than five (5) days before the public hearing and the report shall be available for public inspection during reasonable hours. Failure of the planning and zoning board to file the report required herein shall not affect the pending application for a special exception use, nor invalidate the public hearing thereon. The review by the planning and zoning board shall be to make findings pursuant to the criteria set forth in this ordinance.