In general. Accessory structures and uses are permitted in conjunction with any principal use, provided that they are recognized as clearly incidental and subordinate to the principal use and do not alter the characteristics of the lots. Regulations under this section shall apply to all zoning districts and to all buildings, structures, and uses of land or water in all zoning districts except as may otherwise be provided in the following regulations:

A.

Accessory uses and structures. Specific uses and structures, except for fences and walls, which are covered under a separate section of this Code, shall be additionally governed by the following regulations unless otherwise specified within this article:

1.

No accessory structure or use shall be permitted on any lot which does not have an existing or permitted principal use or structure.

2.

All accessory structures are required to be located on the same lot as the principal structure or use.

3.

No accessory structure or use shall be permitted in any platted easement, unless otherwise specifically permitted by the easement dedication. Fences may be located within certain easements with the condition that if the fence is required to be removed as a result of the existing easement, the property owner is solely responsible for replacement of the fence.

4.

Unless otherwise expressly permitted in this section, any structure with a hard roof is required to meet the principal building setbacks for the respective zoning district.

5.

All accessory structures require the issuance of building permits by the city building department.

6.

Setback encroachments for uses and structures other than sheds.

No accessory use or structure shall be located in any required front yard or in any required side or rear yard except as provided for below:

a.

Accessory structures may be located no closer than five feet from the rear property line.

b.

Air conditioner compressors may extend three and one-half feet into a required yard. In no case should this encroachment exceed 50 percent of the required setback.

c.

Roof overhangs may extend three feet into a required yard. In no case should this encroachment exceed 50 percent of the required setback.

d.

Structures which are not enclosed by walls or roofs may be allowed in any required side or rear yards as long as a minimum distance of five feet from the lot line is maintained, except that driveways, concrete pads, sidewalks, etc. may be closer than five feet from the lot line if the chief building official determines that proper drainage can be maintained.

e.

In all residential districts, the height of accessory structures shall not exceed 15 feet.

7.

Setback encroachments and number and size limitations for sheds.

a.

No shed shall be located in the front yard or side corner yard of a residential property.

b.

A shed may be located in the rear yard but no closer than five feet from the rear property line.

c.

A shed may be located in the side yard of a residential property provided that it does not encroach into the required side yard setback.

d.

The number of sheds on a residential property is limited to two.

e.

The combined total footprint area of all sheds, including existing ones, on a residential property shall not exceed 200 square feet. A shed greater than 200 square feet shall be considered a garage and shall be subject to the requirements of a garage.

f.

Sheds in zoning districts other than residential shall not be located in the required front yard, side yard, or side corner yard.

g.

No shed shall exceed 11 feet in height.

h.

Sheds in residential zoning districts shall not be required to be of the same building material, color, or shape as the principal structure.

i.

If the property is governed by a Home Owner's Association (HOA), then written approval from the HOA is required.

j.

"Side corner yard" is defined as that portion of the yard behind the front yard that lies between the plane of the side of the house and the paved street which it faces.

k.

"Side yard" is defined as that portion of the yard behind the front yard that lies between the side of the house and adjoining side lot line with the neighboring property.

l.

"Shed" is defined as any storage structure that is either attached to or detached from the principal structure and designed primarily for storage of small items such as yard equipment, tools, toys, bicycles etc., but the term does not include a garage designed for the storage of automobiles, and the term does not include shipping containers.

8.

Garages. No garage may be enclosed for additional living area, unless an additional garage is constructed or presently exists on the subject property. No garage shall be used as a rental unit or as living quarters. No commercial business shall be permitted in a residential garage. Garages shall be governed by the following regulations:

a.

The garage shall not exceed 50 percent of the total square footage of the principal structure.

b.

The building setbacks of the garage shall conform to the principal building setbacks of the assigned zoning district.

c.

Garages shall be of the same building material, color, and shape as the principal house structure on the same property. For example, if the principle structure is constructed with concrete block, then the garage shall be constructed out of concrete block.

d.

Garages shall have a roof pitch that is consistent with the principal house structure. However, the pitch of the garage roof is not required to be the same slope as the principal house structure.

e.

A detached garage shall be located on the same parcel as the principal structure.

f.

If the property is governed by a Home Owner's Association (HOA), then written approval from the HOA is required.

9.

Outside storage. Outside storage of new and used equipment and materials shall be regulated as follows:

a.

Commercial zones: No outside storage of equipment or materials or outside product display shall be allowed in commercial zones.

b.

Industrial zones: No outside storage shall be allowed in industrial zones, except under the following conditions:

[1]

All storage areas shall be enclosed by an opaque wall.

[2]

All material shall be secured, if necessary, to withstand winds.

[3]

Required landscape areas along property lines shall be maintained on the exterior of storage screening walls.

[4]

Screening shall not be required around storage areas for landscape plant material.

[5]

All aisles and driveways shall be concrete or asphalt pavement with suitable sub-base as approved by the city engineer. Property with aisles or driveways not in compliance with this requirement shall be considered a non-conforming structure and subject to the city's non-conforming regulations. Furthermore, any improvements to the property the cost of which exceed 50 percent of the most recent assessed value of the property by the Volusia County Property Appraiser shall require the aisles and driveways to be brought into compliance with the above requirement.

10.

Special events. There are two types of special events, site-specific special events and community-wide special events. All special events that are not community-wide special events shall be classified as site-specific special events. Site-specific special events shall be limited to 30 days per year with no more than one site-specific special event per quarter. However, all 30 days may be used in a single special event. For parcels with multiple licensed businesses, the limitation for site-specific special events shall be allowed for each lawfully licensed business. Community-wide special events and the duration of such special events shall be designated annually by the city council. For parcels with multiple licensed businesses, community-wide special events shall be reviewed based on the entire parcel. If more than one licensed business wants to engage in special event activity during a community-wide special event, the businesses or the property owner must coordinate the special event activities, including site planning and layout. Motorcycle/car wash events are prohibited within the boundaries of the community redevelopment area. Special events shall be reviewed and approved subject to the provisions below:

a.

Exemption. The following events are exempt from obtaining a special event permit: however, the events are subject to applicable licensing and business taxes as well as health and safety requirements:

[1]

City-sponsored events and/or events approved on city property.

[2]

Events sponsored or approved by the school board conducted on school board property.

[3]

Tax-exempt organization indoor events conducted on property owned or leased by those organizations if the event does not exceed fire occupancy requirements.

[4]

This section shall not apply to those public fairs and expositions governed by the provisions of F.S. ch. 616. and chapters 5A-2 and 5F-8. Florida Administrative Code, which public fairs and expositions shall be conducted in strict compliance with the statutory and regulatory provisions.

[5]

No special event permits shall be required to be obtained for any events to be held on property owned or leased by any federal or state governmental entity, if sponsored by the state or federal agency.

b.

Special event permit application. An application to hold a special event shall be made in writing to the community development department, at least 30 days prior to the event. unless a shorter time frame is approved by the city manager based only on the city's ability to do a complete and thorough review within said shorter period of time, using such forms and including such information as the city manager, or designee, may deem necessary to determine compliance with the requirements of this article. At a minimum, the application shall include the following:

[1]

The applicant's name, proposed location and description of the special event, and days and hours proposed.

[2]

Proof that the applicant has a legal right to occupy the sponsoring property (e.g. through ownership, written lease or written authorization).

[3]

A site plan on a minimum of eight inches by 11 inches paper specifying the location and contour of the special event area, pedestrian access, the number and location of merchant display areas designated, barricades, special signage and other devices necessary to maintain public safety and indicating traffic and parking patterns.

[4]

Applicant shall submit a non-refundable application review fee with the special event application, to help defray the city's cost of processing the application and coordinating the relevant city services and personnel. The special event permit fee shall be established by resolution of the city council.

[5]

Each applicant shall provide information on the types of vendors and exhibitors proposed and whether outdoor music is proposed.

[6]

To ensure that the public health, welfare, and safety are protected, applicants shall provide for compliance with all applicable city codes and regulations, including plumbing and electrical code requirements: sanitation and sewage disposal facilities: police services for security, crowd and traffic control: fire rescue personnel for EMS coverage or fire apparatus standby: and insurance and indemnification: and if the special event will be held during hours of darkness, compliance with lighting standards.

c.

Issuance of permit: approval: grounds for denial. The event review committee will complete its review of the special event permit application within ten business days from submission of a complete application and either approve, deny or request additional information, which shall be communicated in writing. If written notice of a decision is not provided within the review period, the application shall be deemed denied. Upon approval of the special event application, the community development department shall issue the special event permit upon payment of all applicable fees and charges. The applicant shall pay a permit fee including a base fee and any additional charges for police, fire safety, and other government services which may be required by the event review committee. The city council shall establish these fees by resolution. The event review committee shall review the application submitted for completeness. The event review committee is hereby authorized to reject any application which is not complete, which is not received by the specified deadline, or which is not accompanied by the requisite application fee. Completed applications for special event permits shall be reviewed to determine the anticipated impact on pedestrian and traffic patterns, noise, security, and other aspects of public health, safety or welfare and for compliance with this article. An application may be denied if the event review committee determines that any of the following are true:

[1]

The applicant has made any false material representation in the application.

[2]

The applicant fails to provide any of the items or information required by this chapter.

[3]

The special event will substantially interfere with any other special event for which a permit has already been granted, or with the provision of public safety or other city services in support of such other previously scheduled events, or will have a non-mitigable adverse impact upon residential or business access and traffic circulation in the area in which it is to be conducted.

[4]

The conduct of the special event will substantially interrupt the safe and orderly movement of aerial or marine navigation, or of public transportation or other vehicular and pedestrian traffic in the area of the special event: or will cause irresolvable conflict with construction or development in public rights-of-way or at the public facility where the special event is held so as to cause unsafe conditions for the public: or the expected attendance at the special event will exceed the lawful capacity of the facility under the city's fire code; or the parking available at the facility will be inadequate to accommodate the expected attendance at the special event.

[5])

The event review committee shall also consider prior dealings of the city with the operator or property owner with previous special events. The operator's or property owner's failure to comply with the rules and regulations during a prior special event shall be grounds for the denial of a new special event permit, unless the operator/property owner establish, to the satisfaction of the event review committee, that procedures and policies are in place to prevent the prior problems from occurring. The event review committee is authorized to approve a special event permit as long as all conditions and requirements of the city's regulations have been complied with and there are no adverse impacts to the public health, safety and welfare of the community.

[6]

If the property has any outstanding code violations, a special event permit will not be issued.

d.

Permit denial. If a permit is denied, the event review committee shall provide the applicant with written reasons for denial. The applicant, within five business days after denial, may appeal the denial to the city manager for a final decision, by filing a written petition with the city clerk detailing the grounds for appeal, which appeal shall be heard within five days of submission of the appeal.

e.

Inspections. As a condition of any permit, city officials shall have the authority to enter upon the sponsoring property at any time to ensure public health, safety and welfare, compliance with this article, permit conditions, the Code of Ordinances and the Land Development Regulations.

f.

Indemnification. The applicant for a special event shall be required to provide to the event review committee an agreement pursuant to which the applicant assumes full responsibility and liability for and indemnifies, defends, and holds the city harmless against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property, connected to the holding of the special event.

g.

Insurance. The applicant shall submit proof of liability insurance with the application with liability coverage acceptable to the city.

h.

Definitions. For purposes of this article, the following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

[1]

City-sponsored special event shall mean those events annually approved by the city council as a city-sponsored event.

[2]

Community-wide special event shall mean a special event declared on an annual basis by the city council by resolution.

[3]

Site-specific special event is all special events that are not declared by the city council as a community-wide special event or a city-sponsored special event.

[4]

Special event shall mean a community-wide special event, a site-specific special event or city-sponsored special event. An activity will be considered a special event when:

a.

A business is engaging in outdoor activity which is not included as part of normal operations and approved in the current business tax receipt;

b.

A business engaging in a special sale or promotional activity with additional signage;

c.

A side-walk sale is not considered a special event unless other outdoor activity or additional signage exists;

d.

Whether an activity is deemed a special event will ultimately be determined at the sole discretion of the city.

[5]

Special event review committee shall consist of a staff committee composed of representatives of the parks and recreation, public works department, fire department, police department, finance department, community development department, building department and community redevelopment department (if special event in CRA). Other members may be appointed by the city manager as necessary. The city manager shall not be a member on the committee.

[6]

Sponsoring property shall mean the legal lot(s) or parcel(s) on which the special event is held and the legal lot(s) or parcel(s) designated for parking for such special event, regardless of zoning classification: provided, however, that in the case of a strip commercial shopping center, the term "sponsoring property" shall mean all of the lots and parcels comprising the shopping center.

i.

Outdoor amplification. The use of any outdoor amplification including, but not limited to, live or recorded music, shall be in compliance with the city's noise regulations. Where amplified sound equipment is located outdoors on any non-residential property where such equipment is located within 1,000 feet of a residential area, the business owner must apply for an outside amplification permit that shall be approved by the city council.

j.

General guidelines and information for special event vending.

[1]

Vendors of food shall have all applicable licenses to be considered for participation in a special event. It is the responsibility of the applicant to ensure that participating food vendors comply with the rules and regulations of the state health department and any other government body with jurisdiction over the special event.

[2]

All food vendors who do not have a Florida Department of Business and Professional Regulation (DBPR) annual food vendor's license shall apply for and purchase a DBPR temporary event license.

k.

Use of alcoholic beverages. If alcohol is to be served at a special event, that fact must be disclosed at the time of filing an application for a permit, and all applicable requirements of state beverage laws and city codes must be met. It is the responsibility of the licensee to ensure that open containers of alcohol served on the site shall not be transported beyond the designated area within the special event site. Alcohol sales shall comply with all of the city's alcohol distance requirements.

l.

Revocation or suspension of permit. The event review committee may summarily suspend or revoke a permit issued under this section for violation of the special event permit or permit conditions; for violating any other federal, state, or local laws or ordinances during the special event; or for making any material false representation in an application for a permit or for an exemption certificate. In the event of suspension or revocation, the vendor may appeal the decision to the city manager. The five-day appeal period shall commence from the date the suspension or revocation notice is provided to the applicant.

m.

Public safety at special events. The following requirements for public safety will be observed at all special events:

[1]

The city police department shall review the security plan and approve the security plan, which shall include traffic patterns for vehicles and pedestrians and shall have the right to require onsite security protection based on event risks factors discussed herein.

[2]

Fire protection services shall be provided by the city fire department and may require the applicant to provide onsite fire suppression equipment such as fire extinguishers.

[3]

Applicants may be required to provide emergency medical services, including transportation, as specified herein, if the fire chief finds a need for these services based on event risk factors as defined herein. In the event that the city fire department determines that it is unable to provide any aspect of emergency medical services, including transportation, such services may be provided by Volusia County.

[4]

Fire codes and standards compliance will be verified by the city fire inspector to ensure the event complies with Florida Fire Prevention Code, NFPA 1, NFPA 101 Life Safety Code.

[5]

All special events must maintain adequate handicap parking in compliance with ADA (American with Disabilities Act) thresholds in regard to the number of spaces required and surface requirement. Existing handicap spaces must be utilized for their intended purpose.

n.

Event risk factors for public safety and emergency medical personnel at special events. Event risk factors include the number of projected attendees, service of alcoholic beverages, lots of movement of people or vehicles, and/or any event that includes safety risks such as mosh pits, concerts, or any events using pyrotechnics, explosives, and stunts with special rescue potentials, or other similar activities which may result in physical stress or injury.

o.

Costs for personnel at special events. The fees for provision of police department, fire department, and city personnel at special events shall be based on hard personnel costs such as salaries, benefits and overtime.

p.

Standards for sanitary facilities. Sanitary facilities are required to be provided for all special events, in the form of toilets and hand washing stations, based on the projected number of attendees and participants, in a proportion of a minimum of one restroom facility for every 100 attendees/participants expected at any one time. Restrooms shall be maintained in a sanitary condition and shall be serviced at least once daily. Out of the total number of restrooms, a minimum of one shall be handicap acceptable or five percent of the restrooms shall be handicap accessible whichever is greater. Hand washing facilities shall be provided in a proportion of one hand wash facility to every ten portable restrooms and must be provided at special events where food is served, or picnic areas are provided.

q.

Itinerant merchant activities. Definitions.

[1]

Itinerant merchant (IM)—Any person, organization, or other entity selling, displaying, promoting, or giving away merchandise, products, or services at a location external to a regularly licensed structure, on a temporary basis. Each such person must obtain his own itinerant merchant license (IML) from the community development department of the city; no two or more such persons may share or operate under the same itinerant merchant license. Any person who claims to be an employee of an itinerant merchant but appears to community development staff to be operating as an independent merchant must be able to demonstrate to the satisfaction of the community development director that he meets the legal definition of employee: otherwise he will be classified as a separate IM. The term "itinerant merchant" covers a business operator on his own property when he engages in outside sales/display of goods/services that are not part of the normal business activities covered by his business tax receipt. Itinerant merchant activities shall be allowed during community-wide special event and site-specific special events. An IML is not needed when the city's equipment is used for itinerant merchant activities. A business owner must secure a special event permit from the city prior to licensing of an IM.

[2]

Sales or display or activity area—The area used for the sales, display, or activities of special event, itinerant merchant, or other products, materials, services, etc. This area is to be measured from the outer-most item, display, edge of structure, or edge of business activity. The community development director or his designee shall measure and determine the boundaries and size of this area.

[3]

Open area—The area of a property that is not occupied by a structure or other physical phenomena which would make impractical the use of such area for an itinerant merchant set-up, activities, or related parking. The community development director or his designee shall measure and determine the boundaries and size of this area.

[4]

Itinerant merchant activities—Itinerant merchants shall be allowed subject to the following terms and conditions:

a.

An itinerant merchant with proof of authorization from the person or entity that has legal control of the property for a business use (generally the owner or the lessee), which the itinerant merchant selects for location, may apply for an itinerant merchant license (IML) except that no such merchant may engage in an activity which is not a permitted use in the zoning district, except for food and beverage sales, including alcohol sales. Each itinerant merchant must obtain their own IML separate from any other itinerant merchant because there shall be no more than one itinerant merchant permitted for each IML. The city may hold the license holder and the property owner or lessee responsible for the itinerant merchant's compliance with the requirements of this section. However, in order for a business to be allowed to have itinerant merchants on its property the following conditions must be met: (1) the business must have a current city business tax receipt, and (2) the business must be in active operation with all necessary licenses, inspections, permits, sales tax numbers, certificates of occupancies and no existing code violations or unpaid code fines.

b.

An owner of a business may obtain an IML enabling the business to sell outdoors goods and services not ordinarily covered for indoor sale under the business' regular business tax receipt. In this case, the usual itinerant merchant license fee shall be payable except that no such fee is payable if the goods or services are provided free of charge. However, in order for a business to be allowed to have itinerant merchants on its property the following conditions must be met: (1) the business must have a current city business tax receipt, and (2) the business must be in active operation with all necessary licenses, inspections, sales tax numbers, certificates of occupancies and no existing code violations or unpaid code fines.

c.

The application shall be submitted to the community development department of the city on forms supplied by that department. The completed application must be approved by the department and the associated fee(s) paid before issuance of an IML by the department.

d.

Each itinerant merchant license issued must be posted at the business location so that it is readily visible to the passing public.

e.

Where fences are required to delineate outdoor alcohol serving areas, as well as parking areas for automobiles, motorcycles and the handicapped, a four-foot-high orange construction fence shall be erected to enclose the event area. All fencing must be in place prior to the site inspection for the event. No nonprofit food/beverage vendor may dispense alcoholic beverages.

f.

In addition to the event period itself, the period of pre-event on-site setup, including any parking or storage, of vendor paraphernalia and post-event take-down and demobilization shall be limited to a maximum of two days before and two days after the special event.

g.

No IM activity area shall be located within a public street.

h.

Each itinerant merchant signage shall be in compliance with the city's sign regulations.

i.

Up to 50 percent of the open area of a property may be used for special event displays, tents, structures, sales, activity areas, etc. At least a significant portion of the remaining open area must be made available for customer parking. In the case of strip shopping centers, the term "property" shall mean the entire strip shopping center; shopping center management must agree to the itinerant merchant proposal of any individual business in the shopping center; once 50 percent of the open area of the shopping center is obligated for itinerant merchant activities, no other business in the shopping center may arrange for an itinerant merchant license. The boundaries and size of the activity areas and parking areas shall be determined by the community development director or their designee. Properties may be either owned, rented, or leased by the permittee. Where contiguous properties for itinerant merchant use are under the control of the same party, for purposes of determining open area, activity area, and parking area, the community development department may consider them to be a single property. The term "contiguous" in this context does not include the meaning "across the street from."

j.

Prior to the actual start of the special event, each party desiring to sponsor itinerant merchant activities on property must reach agreement with the city as to the overall sizes and locations of activity and parking areas on that property.

k.

The number of itinerant merchants per property is only limited by whatever number may be reasonably accommodated on 50 percent of the open area of that property without unreasonably impacting the health, safety, or welfare of the public and allowing for adequate customer parking and pedestrian and vehicular access and circulation. The calculation of 50 percent of the open area of the property will be made by the community development director or their designee, but there is no specific minimum or maximum square footage allowed per itinerant merchant.

l.

Where more than one itinerant merchant set-up is located on a property, the itinerant merchant set-ups must be located in a "clustered" manner such that they are no more than ten feet apart. A single cluster shall consist of two or more itinerant merchant set-ups separated from one another by no more than ten feet but separated from any other cluster by a minimum distance of approximately 15 feet. By prearrangement with the community development department and depending upon the number of itinerant merchants and the size of the open area available, properties may be permitted more than one cluster.

m.

No semi-trailers used exclusively for storage of merchandise may be parked on a property used for itinerant merchant activity except to the rear of a principal building so that said vehicle is not readily visible from adjacent public roadways.

n.

If a business ordinarily serves food and beverages at a specific outdoor location on the subject property, the business may continue to do so under its regular business tax receipt without the need for an IML.

o.

The licensee's operating hours for itinerant merchant activities shall be limited to between 8:00 a.m. and 9:00 p.m., inclusive, with the exception that food and beverage vendors may open for business at 7:00 a.m.

p.

The fee for each itinerant merchant license shall be set by resolution.

q.

The permittee must comply with all applicable city codes, including the sign code, except that no separate sign permit or sign fee shall be charged.

r.

Vendor installations shall be set back from the U.S. 1 right-of-way line (generally back edge of public street sidewalk) a minimum distance of five feet, except that in instances where the community development director determines that the vendor location is too narrow for a typical vendor setup, a minimum three-foot setback may be allowed.

s.

Enforcement.

1.

Agency responsible for enforcement. The provisions of this article shall be primarily enforced by the community development department of the city, particularly by means of its code enforcement mechanism and personnel. The police department of the city shall assist the community development department as needed, particularly on matters that are not strictly of a zoning nature—e.g. the police department shall issue citations for revocation of an itinerant merchant license.

2.

Penalty provisions. The penalties for violations processed through the city code enforcement mechanism and considered by the city code enforcement board shall be as specified in F.S. ch. 162.

t.

Right to revoke or deny license. The city manager or his designee shall have the power to revoke the itinerant merchant license and to prohibit the further conduct of any business within the city which violates the provisions of this section. The city manager or his designee shall give both the violator and the owner of the property where the violation took place at least 24 hours advance verbal or written notice of the date, time, place, and reason for the revocation hearing before the city manager or his designee. The city manager or his designee shall also have the power to deny the future issuance of an itinerant merchant license to any violator or for any property where there has been committed a violation of any provision of the Itinerant Merchant Regulations.

11.

Prohibited accessory structures. Accessory structures shall be of the same building material, color, shape and dimension as the principal structure on the same property, unless the city manager or designee approves a variation. In reviewing a request for a variation the following will not be permitted:

a.

Any kitsch architecture (such as a building that does not resemble a typical structure), including, but not limited to: structures or elements that resemble an exaggerated plant, fish, edible food, or other such items that resemble giant oranges, ice cream cones, dinosaurs, pet animals, or farm animals. This is not applicable to freestanding signs.

b.

Any structure that is inconsistent and/or incompatible with the surrounding structures. Examples of such structures would include, but not limited to: Igloos, domes or geodesic domes, teepees, log cabins, western "false fronts," medieval castles, caves and other structures of a similar architectural oddity.

c.

Attached or detached Quonset-type or style accessory structure, usually defined as a self-supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and the exterior sheeting forming the building.

All accessory structures, including sheds, located on a corner lot must be positioned behind the front plane of the principal structure on the adjacent lot(s).

B.

Authority to enter upon private property. The following representatives of the city in the performance of their duties under the provisions of this ordinance, may enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of these regulations: any member of the city council or PAB; any authorized employee of the city.

C.

Bufferyards. In addition to required setbacks, landscaped bufferyards shall be developed between differing land uses based on this section. These requirements shall be deemed the minimum necessary to achieve compatibility between land uses. Bufferyards shall be developed by the more intense use based on existing contiguous uses, zoning, or land use plan designation, whichever is most intense.

1.

Land use intensity factor:

TABLE 3. LAND USE INTENSITY

*Impervious surface ratio (ISR) - percentage of building and paved area. ISR measurement shall not include required bufferyards under this section.

2.

Bufferyard requirements: Bufferyard requirements shall be determined by subtracting the intensity factor of the least intense use from that of the more intense use. Where two differing land uses are opposite each other across a road right-of-way, the intensity factor difference shall be further reduced as follows:

TABLE 4. BUFFERYARD REQUIREMENTS

Bufferyard design type shall be based on the difference using the following table:

TABLE 5. BUFFERYARD PER 100 LINEAL FEET

3.

Fences and walls.

a.

The CDD, after receiving comments from the DRC, may require the provision of an opaque fence or wall between commercial and residential areas if a pre-existing pattern is there or if that is desirable as a buffer between the two adjacent land uses; otherwise no wall or fence shall be required in addition to the bufferyard. Fence requirements between multi-family parking areas and commercial office parking areas may be waived by the CDD.

b.

Optional - A six-foot high fence or wall may be substituted for ten feet of required bufferyard width and 25 percent of required landscape material when the intensity factor difference is three or greater.

D.

Deed restrictions. These regulations shall not affect any deed restrictions or restrictive covenants recorded with any deed, plat, or other legal document. No person or agency, in the capacity of administering and enforcing these regulations shall be responsible for enforcing any deed restrictions or restrictive covenants.

E.

Fences and walls. All fences and walls shall be constructed in compliance with applicable building codes and according to the following dimensions and use regulations.

1.

Purpose and intent: All fences must be substantially constructed of materials approved for the purpose. In all zoning areas, the administrative official may impose additional restrictions upon the height or location of fences or walls where they are deemed to constitute an impairment to traffic safety or are detrimental to normal visibility or air circulation from adjoining properties. Minor modification of a requirement may be allowed if the CDD and the CBO agree that the facts of a specific physical situation would make it unreasonable to strictly impose the requirement. Nothing in this section supersedes or eliminates screening walls or fences required by other sections of this Code.

2.

R1a, R1b, R1c, and R2 Residential Districts.

a.

Definitions:

1.

"Decorative wall": A wall constructed of brick, concrete block, or other masonry materials which is designed, constructed, and finished with the intent and result of providing an attractive visual accent to the property upon which is it located.

2.

"Decorative fence": A fence constructed of wrought iron or other durable, long-lasting material, other than a common wooden fence, which is designed, constructed, and finished with the intent and result of providing an attractive visual accent to the property upon which it is located.

3.

"Frontage yard": A yard which abuts a street. Such yards generally consist of front and side-corner yards.

b.

Front yards: For front yards which abut a street, fences or walls of open or solid face construction shall be permitted in compliance with the following criteria:

No fence or wall may be installed closer than 25 feet from the right-of-way of the abutting street. Any such fence or wall shall not exceed a height of six feet if it is located at or behind the plane of the street-facing-wall of the principal building; however, if it is located streetward of such plane, it shall not exceed four feet in height.

c.

Side yards: For side yards which abut a street, fences or walls of open or solid face construction shall be permitted in compliance with the following criteria:

No fence or wall may be installed closer than ten feet from the right-of-way of the abutting street. Any such fence or wall shall not exceed a height of six feet if it is located at or behind the front plane of the principle building; however, if it is located streetward of the front plane of the principle building outside of the required 25-foot front yard setback where fences are prohibited, the fence shall step down to the required maximum height of four feet.

d.

Side and rear yards which do not abut a street: In side and rear yards which do not abut a street fence or walls must comply with the following location and height requirements: fences or walls of open or solid face construction shall be permitted in the yard behind (not abutting a street) the frontage yard with a height not exceeding six feet at all lot lines or interior areas of any such yard, including the boundary line between it and any frontage yards.

e.

Waterfront yards: Fences and walls of open or solid face construction shall be permitted at all waterfront yard lot liens and interior waterfront yard areas not to exceed four feet in height. For the purpose of measuring a fence in a waterfront yard, the point of measurement shall be the mean high water line or the seawall, whichever is closer to the principal structure or buildable yard area.

f.

Vacant lots: Fences and walls or open or solid face construction may be permitted on vacant residential lots provided that they are not installed closer than 25 feet from the abutting street for a front yard and ten feet from the abutting street for a side yard; such fences shall not exceed four feet in height. Where the side yard does not abut a street or for rear yards, there is no setback limitation, and the fence/wall may be located anywhere in the side or rear yard at a height not to exceed six feet.

g.

"Grand-fathering" of existing fences and walls: All existing fences and walls which do not conform with the location and height restrictions of this ordinance shall be allowed to continue in existence as such in accordance with the following conditions: Any such fence or wall may be: (1) repaired to code; (2) replaced if damaged or destroyed by a natural event, such as a storm; (3) replaced if damaged or destroyed due to an accident. Provided, however, that replacement under the aforementioned circumstances must be accomplished within 90 days after permit issuance; if replacement is not completed within that time, the replacement structure must be brought into conformance. Also, any fence or wall which has deteriorated beyond the point of repair shall not be grandfathered and when replaced shall conform with the location and height requirements of the current regulations. The determination of the condition "deteriorated beyond point of repair" shall be made by the community development director or his designee, and the term shall mean that 50 percent or more of the overall fence materials need replacement due to deterioration caused by the "ravages of time" and lack of maintenance.

2.1.

Residential districts other than R1a, R1b, R1c, and R2. Fences and walls of open or solid face construction shall be permitted at all lot lines or interior areas of front, side and rear yards. However, said fences and walls shall not exceed the following height limits: four feet in the front yard, and six feet in the side and rear yards.

3.

Business districts. Except for required screening walls, fencing of open or solid face construction shall follow the requirements outlined for residential districts.

4.

Industrial districts. Except for required screening walls, fences or walls not to exceed six feet in height may be permitted at all lot lines or interior areas for security or safety reasons.

5.

Design and maintenance.

a.

All fences shall be maintained in their original upright condition.

b.

Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed.

c.

Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

d.

Fences shall be constructed so that the finished side faces outward. Chain link fence side faces outward. Chain link fence shall be installed with a top rail or with the barbs pointed down.

6.

Types of fences and walls prohibited. Barbed wire fences, razor wire fences, electric fences, or other types of fences or walls which could easily harm humans or animals by contact are prohibited on developed non-industrial sites. However, the use of a limited amount of barbed wire may be allowed along the tops of chainlink fences or walls at a height of no less than six feet for certain kinds of facilities, such as electric power substations or storage yards, provided that the chief building official and the community development director both agree that such is warranted for safety and/or security reasons and that the installed materials will pose no unusual hazard to humans engaging in normal activities. Temporary security fencing meeting commercial standards may be allowed for construction sites in residential zones.

7.

Exemptions.

a.

Customary fencing around tennis courts and other approved recreational amenities shall be exempt from height restrictions.

b.

Fences or walls specifically required by this or other City Codes, or as a part of a special exception or special use are exempt.

F.

Reserved.

Editor's note— At the city's request, section 5.6.F., pertaining to home occupations, is deleted in its entirety. Section 5.6 will continue to read as herein set out. For a complete list of derivations, see the Code Comparative Table.

G.

Houseboats. No houseboat shall be permitted to fasten to a dock, anchor to land, or to remain in any of the waterways within the territory subject to these regulations in excess of seven days.

H.

Land and water fills, dredging, excavation and mining. No person shall engage in the filling of land or water areas, dredging, the excavation of land or the removal of earth, and no mining operation, shall be undertaken without the initial approval of the state department of environmental protection (if required). This approval will be submitted to the administrative official for review prior to issuing a permit for the work.

Furthermore, no lake, pond, or other water body with a surface area in excess of one-quarter acre shall be filled except after approval by the city council.

I.

Living units in industrial zones. Upon application, the city council may, after review and input from the PAB, approve the addition of one dwelling unit to be used as caretaker/manager quarters only. This unit will be subject to the setback and size requirements as approved by the city council.

J.

Mobile homes. Generally the use of mobile homes shall be permitted for living purposes only in mobile home parks and mobile home subdivisions, licensed and approved by the HRS and meeting all other county and State regulations applicable to mobile homes. In other circumstances with a temporary permit authorized by the CDD, a mobile home may be used to house a "watchman" for a temporary period not exceeding seven consecutive days in conjunction with such special outdoor events as Christmas tree sales. Mobile homes may be allowed as a temporary or accessory use by permit only with the prior approval of the city council.

K.

Moving of buildings. When any building is moved from any location inside or outside the city to any location within the city, the building shall immediately be made to conform to all provisions of the building code, plumbing code, electrical code, and zoning ordinance. The person causing the building to be moved shall secure a building permit and shall post a performance bond with the city in the amount of $1,000.00. The bond shall be conditioned upon the building being made to conform to all required codes within six months from the date of the issuance of the permit. The bond shall be returned when all work has been completed.

L.

Performance standards. These performance standards shall apply to all non-residential uses:

1.

Smoke, dust, and dirt. There shall be no emission of visible smoke, dust, dirt, fly ash, or any particulate matter from any pipes, vents, or other openings, or from any other sources, into the air. All fuel shall be either smokeless in nature or shall be used so as to prevent any emission of visible smoke, fly ash, or cinders into the air.

2.

Fumes, vapors, and gases. There shall be no emission of any fumes, vapors, or gases of any noxious, toxic, or corrosive nature which can cause any damage or irritation to health, animals, vegetation, or any form of property.

3.

Sewage. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such systems or create detrimental effects in the flow and treatment of public sewage. There shall be no discharge of industrial wastes into any private sewage disposal systems, stream, or into the ground of any kind or nature which would contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or conditions. There shall be no accumulation of solid wastes conducive to breeding of rodents or insects or the spread of diseases.

4.

Heat, cold, dampness or movement of air. Activities which produce any adverse effect on the temperature, motion or humidity of the atmosphere beyond the lot lines shall not be permitted.

5.

Noise. The permitted level of noise or sound emission on a property shall be governed by Chapter 10, Article II (Noise) of the City Code of Ordinances.

6.

Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, obnoxious, or unpleasant beyond the property line on which the principal use is located. Any process, including the preparation of food, which may involve the creation and emission of any such odors shall be provided with both a primary and secondary safeguard system so that odor control may be maintained in the event of failure of the primary safeguard system.

7.

Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

M.

Storage of flammable liquids. No buildings, structures, or premises shall be used for the storage, sale, or use of gasoline or any other liquid with a flashpoint of 60 degrees Fahrenheit or less where any of the boundaries of the lot upon which such gasoline or other liquid is stored, used or sold are within 200 feet measured in a straight line, of the nearest boundary line of any building or structure used as a church, school, or theater, except open-air theaters. This provision shall not prevent the use of liquified gases for domestic heating or cooking purposes. Any storage of flammable liquids shall be subject to the requirements of the National Fire Protection Association and the Standard Fire Prevention Code. Bulk petroleum storage plants, in districts where permitted, shall be provided with dikes around each storage tank, with a designated capacity to hold at least one-third more than the contents of the storage tank.

N.

Swimming pools.

1.

Location. Swimming pools shall be located only in areas permitting the principal building and accessory structures and shall meet the yard and setback requirements for the principal building if such pool is constructed within the permitted building area, and shall meet the yard and setback requirements for accessory structures if constructed in the rear yard. Pools decks and patios may extend into the side or rear yards, provided a minimum of five feet from the lot lines is retained.

2.

Fencing. All swimming pools shall be completely enclosed by screening,or a fence or wall not less than four feet high nor more than six feet high, provided that no fence higher than four feet shall extend beyond the front building line of the lot upon which the pool is located nor beyond, the building line of either street if the lot is a corner lot. All fencing shall conform to requirements of Section 5.6(E).

3.

Screened enclosures. Screened enclosures over and around swimming pools shall be erected so as to comply with the yard and setback requirements. Screened enclosures may be attached to the principal building, but shall not be considered as part of the principal building. Floodlights shall not be visible from adjoining properties.

O.

Water access. A retail or wholesale store selling or renting water related merchandise located on a site contiguous to a residentially zoned property abutting the river may have access to the river across the abutting residentially zoned property provided:

1.

The property on which the retail or wholesale store is located and the abutting residentially zoned property are under single ownership.

2.

The operator of the retail or wholesale store is unable to have direct river access from his property without crossing the residentially zoned property in his ownership.

3.

The residentially zoned property abutting the retail or wholesale store is not suitable for residential development due to environmental constraints or limitations.

4.

The property owner provides a boardwalk or other means of access from his business zoned property across his residentially zoned property to the river. The boardwalk or other means of river access shall be consistent with and subject to the permitting requirements of applicable regulatory bodies.

P.

Exceptions as a conditional use. In zoning districts where the following activities are permitted uses, the CDD shall permit them as outside activities in accordance with all applicable requirements and under the following conditions herein provided:

1.

Newspaper sales and display racks.

2.

Food and beverage service areas of existing businesses, provided such areas are: screened from residential uses; utilize no outside speakers for music or other communications; an extension of food and beverage service provided indoors as a part of the regular business operation.

3.

Motor fuel sales.

4.

Reserved.

5.

Reserved.

6.

Reserved.

7.

Reserved.

8.

Reserved.

9.

Reserved.

10.

Reserved.

11.

Reserved.

Q.

Medical marijuana treatment center dispensing facilities prohibited. Pursuant to Florida Statute Section 381.986 the City Council of the City of South Daytona hereby prohibits medical marijuana treatment center dispensing facilities.

R.

Shipping containers. Shipping containers placed on a parcel for more than 14 days shall be governed by the following regulations:

1.

Shipping containers shall only be permitted within the Business Heavy Commercial (BHC) zoning district or in conjunction with an existing non-conforming use that would be permitted within the BHC zoning district.

2.

Shipping containers shall be prohibited within the community redevelopment area.

3.

Shipping containers shall only be permitted in conjunction with a principal use, provided that they are recognized as clearly incidental and subordinate to the principal use.

4.

The site shall have a minimum lot size of one acre with a limit of two shipping container units per acre with a maximum of four shipping containers units per parcel.

5.

All shipping containers shall comply with the Florida Building Code and Florida Fire Prevention Code.

6.

A four-inch concrete slab is required prior to placement of a shipping container and the slab shall meet or exceed the minimum requirements per the Florida Building Code.

7.

Shipping containers shall require screening with a three-sided enclosure consisting of an eight foot masonry wall with a rounded top or decorative cap finished with stucco and painted to the match the colors of a principal structure. The masonry wall shall meet or exceed the minimum requirements per the Florida Building Code.

8.

Shipping containers shall be located behind the front plane of a principal structure and shall not be located within the principal rear and side yard setbacks of the BHC zoning district.

9.

Shipping containers shall not be located within any easement.

10.

Shipping containers shall be freshly painted to match the color of the principal structure and containers shall be maintained in good condition at all times.

11.

Shipping containers shall not be permitted for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing except where markings, labels and placards may be required in accordance with the United States Department of Transportation Emergency Response Guide.

12.

Shipping containers shall be used for storage purposes only and shall not be permitted or retrofitted as living quarters or office workspace.

13.

No plumbing, electric, or air conditioning shall be permitted inside of a shipping container.

14.

Material stored within shipping containers are subject to review by the chief building official and the fire chief.

15.

Shipping containers shall not be rented out or leased.

16.

Shipping containers shall be stand-alone steel units without fabrication including, but not limited to, roofs, overhangs, porches, additional doors or windows and internal partitions.

17.

In the instance where more than one shipping container may be permitted, they shall not be stacked.

18.

Shipping containers shall not occupy required off-street parking spaces, vehicular accesses or drive aisles, pedestrian facilities or landscape areas for a site.

(Ord. No. 98-09, § 1, 5-12-98; Ord. No. 00-07, § 2, 6-13-00; Ord. No. 00-13, § 1, 10-10-00; Ord. No. 01-01, §§ 1, 2, 1-23-01; Ord. No. 99-01, §§ 1, 2, 2-9-99; Ord. No. 00-18, § 1, 1-9-01; Ord. No. 03-01, §§ 1—3, 2-11-03; Ord. No. 03-11, §§ 1—3, 6-24-03; Ord. No. 05-11, §§ 1, 2, 4-12-05; Ord. No. 05-33, § 1, 9-27-05; Ord. No. 07-03, § 1, 2-13-07; Ord. No. 08-07, §§ 1—4, 5-27-08; Ord. No. 09-05, § 5.6, 9-8-09; Ord. No. 18-11, § 2, 7-10-18; Ord. No. 19-17, § 1, 8-13-19; Ord. No. 2020-02, § 1(Att. A), 4-14-20; Ord. No. 2020-14, § 1, 7-28-20; Ord. No. 2020-21, § 1, 12-8-20; Ord. No. 2021-11, § 2, 9-13-21; Ord. No. 2021-05, § 3(Attch. B, § B), 9-28-21; Ord. No. 2021-06, § 2, 9-28-21; Ord. No. 2023-14, § 2, 9-26-23; Ord. No. 2024-05, § 2(Att. A), 8-13-24)