Automobile service station.

Marinas and marine repair facilities.

Home-based businesses.

Hotels and motels.

Cluster zoning.

Nursery schools and day-care centers.

Required fences, walls, plantings and hedges (see Chapter 103, Fences).

Prohibited fences, walls, plantings and hedges (see Chapter 103, Fences).

Exempt fences and walls (see Chapter 103, Fences).

Special exception permit uses.

Automobile service facilities shall be not less than 200 feet from any residential district.

Site size. The lot area shall be not less than 20,000 square feet with a minimum frontage of 150 feet.

Repair work enclosed. No repair work shall be performed outdoors. All lifts and pits must be in a completely enclosed structure.

Facilities location. All gasoline pumps shall be located at least 25 feet from any building, street line or property line.

Fuel storage underground. All fuel oil and gasoline must be stored in underground tanks in accordance with the Fire Prevention Code.[1]

Outdoor storage prohibited. Disassembled automobiles may not be stored outdoors in open view. The premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

Location restrictions. Marina and marine repair facilities shall not be less than 200 feet from any residential district or from any other district on which the following uses exist and apply: Adult congregate-living facility, motel, hotel, rooming house, tourist home, nursing home, hospital, dormitory, fraternity or sorority house, rental apartment or condominium living unit or units.

Aquatic land. Aquatic land or any portion of the property considered permanently under aquatic influence shall not be used in whole or in part in the determination of required green space, parking space, building size and lot line setback requirements as provided under the laws of the City. However, aquatic land or any portion of the property considered permanently under aquatic influence may be used in the determination of required parking space(s).

Repair work out of view. No repair work of any kind shall be performed outside of an enclosed structure where such repair work is exposed to the view of neighboring properties or from any street bordering the subject property.

Facilities location. All gasoline and fuel oil pumps shall be located at least 25 feet from any building, street line or property line.

Fuel storage underground. All fuel oil and gasoline must be stored in underground tanks in accordance with the fire prevention code.[1]

Outdoor storage prohibited. Inoperative, incomplete or partially assembled water or land vehicles, trailers, lubricating materials, parts or components of any kind shall not be stored outside of an enclosed structure.

Other prohibitions. The premises shall not be used to promote, advertise, encourage or effect the sale, rental or trading of water or land vehicles of any kind.

Exemption; stipulation.

It is the intent of this section to provide for the orderly conduct of a limited commercial activity on property otherwise zoned for residential purposes.

A business is considered a home-based business if it operates, in whole or in part, from a residential property. All home-based businesses located on property zoned for residential purposes must, and at all times operate subject to, the following criteria:

This application of this section does not supersede:

Violations/Enforcement. Any one or entity operating a home-based business in violation with this section, the City may enforce these provisions by any legal means available or as otherwise directed by Florida law, including, but not limited to, code enforcement proceedings or an action to enjoin any violations of this section.

Taxes. Nothing in this section shall be deemed to excuse or exempt the owner or operator of a home-based business from paying taxes, including business tax receipts, that may be due and owing in connection with the operation or establishment of any such business or complying with any federal or state occupational or licensure requirements.

Appeal. Any adversely affected current or prospective home-based business owner may challenge any City action in violation of this section and § 559.955, Florida Statutes. The prevailing party in a challenge may recover reasonable attorney's fees and costs incurred in challenging or defending the action, including reasonable appellate fees and costs.

Outdoor seating areas shall require a separate permit issued by the Director of Community Improvement. Outdoor seating areas are permitted on property with commercial general or commercial water-dependent land use designation and commercial general zoning. Outdoor seating areas shall be immediately adjacent to public food service establishments that hold a valid business tax receipt. The outdoor seating area must be under the ownership and control of the owner of the adjacent public food service establishment. All cooking and food preparation must be conducted inside the licensed public food service establishment. The outdoor seating area must be separated from the parking area in a manner that will ensure that a prudent driver will not encroach upon the outdoor seating. Seating areas shall not impede the flow of traffic in the parking lot. Outdoor seating areas must comply with fire exit requirements. Handicapped accessibility must be maintained. The public food service establishment serving the outdoor seating area shall provide rest room facilities for the outdoor seating area. The outdoor seating area shall be kept clean and free of litter and the owner is responsible for cleaning up all litter generated from the site. No additional signs except those regulatory notices required by Florida Statute are permitted in the outdoor seating area; this prohibition includes umbrellas containing advertising. Any awning used must meet applicable building codes. All components of the outdoor seating area, including tables, chairs, umbrellas, planters, fencing and roping, must be removed when a tropical storm or hurricane warning is issued for Pinellas County. Patrons may purchase food and beverages in the restaurant for consumption in the outdoor seating area or table service can be offered. Alcohol can be consumed in conjunction with food service at the outdoor seating area but no alcohol can be served or consumed when the associated food service establishment is not serving food. Permission to have music and/or outdoor television broadcast shall require specific approval by the Director of Community Improvement who shall make decisions based upon the level of noise anticipated the hours of operation and the proximity to residential uses. In no event shall content of the proposed outdoor speech be considered. If, following permitting, the Director of Community Improvement determines that the volume is disruptive to the peaceful enjoyment of surrounding properties, the permit may be revoked or modified.

Application procedure for outdoor seating area permit/outdoor music permit and doggie dining permit. No person shall operate an outdoor seating area of any type without first making application to the Department of Community Improvement. Outdoor dining areas in existence prior to July 2011 shall apply for a permit if they wish to expand, add doggie dining or add outdoor entertainment. Applications shall include a survey, the name of the duly permitted public food establishment requesting the outdoor seating area and address of the proposed location. If the applicant is not the owner of the real property on which the outdoor seating area is proposed the applicant shall furnish a notarized letter of authorization signed by the owner of the property. No portion of the outdoor seating area shall encroach upon public property. A valid business tax receipt is a prerequisite for an outdoor seating area at an existing public food service establishment. A diagram and description of the area to be designated as an outdoor seating area must be submitted and shall include dimensions of the public food service establishment, a description of the number and placement of tables, chairs and any barriers, fencing, planters, awnings, umbrellas, fans, lighting or anything else planned for the outdoor seating area, neighboring property lines, sidewalks, right-of-way, and what portion if any is planned for doggie dining. If music or television broadcast is planned, include the distance to the nearest residential structure and a detailed description of the type of noise anticipated including the days and hours of operation. The diagram must be accurate and drawn to scale but need not be prepared by a design professional. Applications shall also include the number of seats in the adjoining food service establishment as well as a complete description of rest room facilities. The addition of outdoor seating may require additional rest rooms in the food service establishment. Portable toilets shall not be permitted. The addition of outdoor seating area may result in transportation impact fees being due to Pinellas County. The City Commission shall establish the outdoor seating area application fee by resolution.

Operation of doggie dining. An outdoor seating area that is accessible without traveling through the indoor portion of the restaurant shall be eligible for a doggie dining permit. The outdoor seating area must meet the requirements of Florida Statute 509.233. An outdoor seating area that applies for and receives permission to have dogs accompany patrons in the outdoor seating area shall strictly comply with the requirements of Florida Statute 509.233. Doggie dining permits are nontransferrable and expire upon the sale of the restaurant. In the event three violations are observed by City Code enforcement within a twelve-month period, the permit shall terminate. The rules are as follows:

The recreation area is prime land, highly suited for its use by virtue of its location, accessibility, topography, drainage and scenic and aesthetic qualities.

The recreation area takes maximum advantage of unique features of the site such as water bodies, tree clusters, scenic views and historical or cultural places.

Proper access is provided to the recreation area from all sectors via improved roads and pedestrian paths.

Location. Swimming pools may be located only in the rear yard of a lot so that the edge of the pool is no closer than 10 feet to any property line or seawall.

Use. Use of private swimming pools is restricted to the residents of the dwelling unit and their guests.

Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall in accordance with Chapter 103, Fences.

The exterior of the building shall be constructed of masonry or stucco. Metal exteriors are strictly prohibited.

A maximum of one storage building is permitted on each commercial lot. Self storage buildings may be used as a multitenant commercial building when the second use is limited to truck rental and the truck rental business has obtained a special exception use permit as required by § 130-14C(2).

The entire storage building must be air conditioned.

Storage buildings with less than 40,000 square feet of air-conditioned space shall have a single common entry into the building. Storage buildings with 40,000 square feet or more of air-conditioned space shall be entitled to have up to five common entries. Individual exterior access to separate storage units is prohibited.

Entries shall be a standard personnel door(s) that swings open(s) creating an entry that is a maximum of eight feet wide and is no higher than nine feet, except that in storage facilities containing 40,000 square feet or more of air-conditioned space, two of the five permitted entries can be roll-up doors no wider than 20 feet and no higher than 10 feet. In no event shall a roll-up door be located on the front of the building. Additional fire exits shall be permitted as required by code.

Storage shall be limited to personal household or business items not for resale and record retention. In no event may a storage unit be used as a distribution center or warehouse as that term is used in Florida Statutes Chapter 677. No individual storage space may be used as a place of business, for residential purposes or for the storage of any plants, animals or perishables. The owner/manager of a storage building shall furnish each tenant with a copy of this section of the City Code, or shall incorporate the terms of this subsection into its written lease. Any violation of this section shall be deemed a violation by both the tenant and the owner/manager of the building.

No short-term storage is permitted (entry in or out on a daily basis). The owner shall be responsible for monitoring the daily traffic and shall keep records regarding the dates and times that each storage unit is accessed. These records may be kept either by a resident manager who signs everyone in and out of the building or by electronic surveillance. Security cameras shall be installed and kept in working condition at any facility that allows tenants to access the building when an employee is not on duty. The owner shall make the records of the tenants coming and going available for inspection by the City. Records shall be kept for a period of three months. Any violation of the prohibition on short-term storage shall be deemed a violation by both tenant and owner of the building.

In the event the owner/manager takes possession of property for nonpayment of rents, said property shall not be auctioned or offered for sale on the premises.

Definitions. As used in this section, the following terms shall have the definitions indicated:

Purpose. The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to encourage the location of towers in nonresidential areas; to minimize the total number of towers in the City; to encourage the use of existing structures as an alternative to new tower construction; to encourage the joint use of new towers; to encourage the design and construction of towers and antennas which minimize the adverse visual impacts; and to enhance the ability of providers of telecommunications services to provide such services within our City quickly, effectively and efficiently.

Applicability. Towers and antennas installed and maintained in accordance with this section are exempt from the height limitations for buildings and structures set forth elsewhere in the City Code. The requirements set forth in this section shall govern the height of towers and antennas. The installation of an antenna on a building which is nonconforming in terms of current height limitations shall not be deemed to constitute the expansion of a nonconforming use. Amateur radio antennas operated by a federally licensed amateur radio station operator are exempt from the provisions of this section. Towers and antennas located on City property are exempt from height limitations set forth elsewhere in this Code and are exempt from the requirements of this section, provided that a lease or franchise agreement authorizing such tower or antenna has been approved by the City, or the tower or antenna is City owned. Home satellite dishes are considered an accessory use, are exempt from the requirements of this section and are governed by § 130-38 of the City Code.

Antennas. Antennas may be installed on existing structures, such as a building, light pole or other freestanding structure that is 50 feet in height or greater, provided that the antenna adds no more than 20 feet to the height of said existing structure and the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. No lighting shall be permitted unless required by the FAA. All antennas shall comply with FCC standards for radiation.

Towers.

Height restrictions and design criteria for towers. Upon receipt of a complete application, the Community Improvement Department (CID) shall have 20 business days in which to review the evidence submitted and render a written decision regarding need. Once CID has recognized the need for a tower, the plans for the tower and tower site shall comply with the following:

Federal requirements and safety standards.

Removal of abandoned antennas and towers. Any antenna or tower which is not operated exclusively for telecommunication purposes for a period of six consecutive months shall be considered abandoned. Upon written demand by the City, the owner of the real property upon which an abandoned antenna or tower is located shall remove or have the same removed within 60 days. Failure to do so shall constitute a violation of the City Code. Upon notification to remove an antenna or tower, any previously granted variances shall terminate.

Variance procedure. In the event that an applicant for a tower is required to apply for a variance to the section or another related section of the City Code, in addition to the variance criteria set forth in § 130-47, the following additional criteria shall be used: The variance, if granted, will result in a shared use and thereby ultimately reduce the number of towers necessary to provide telecommunication service within the City.

Appeals. The applicant may appeal a decision by the CID that a tower is not necessary directly to the City Commission. The applicant shall notify the City Clerk, in writing, of the appeal, and a hearing shall be held at the next available regular Commission meeting. The City Commission shall conduct a quasi-judicial de novo hearing and base its decision upon competent substantial evidence. The criteria for the decision shall be the criteria set forth in § 130-36E.

Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Part 1 which would normally apply to each building if each were on a separate lot.

Through lots. Where a single lot under individual ownership extends from one street to another nearly parallel street or alley.

Corner lots.

Satellite antennas which, when located in accordance with the required setbacks, are unable to receive any desired signal shall be permitted to be located within the setback, provided that the placement in the front yard setback shall only be permitted if no other feasible location exists on the property. In all cases the encroachment into the setback shall be the least encroachment possible in order to receive the signal.

On property developed as single-family residential, sheds, whether open or closed, may encroach on the side yard setback, provided that all of the following criteria is met:

Machinery normally associated with habitable structures is permitted to encroach into the side yard and rear yard setbacks up to a maximum of three feet. The term "equipment" includes, but is not limited to, air conditioner compressors, water softeners, heating-oil storage tanks, propane tanks, pool equipment including pumps, filters and heating units, and any platforms constructed for the sole purpose of elevating any of the above-referenced equipment above the floodplain.

Roof overhangs on habitable buildings may encroach into any required yard setback up to a maximum of two feet.

Parking lot and pedestrian lighting, security cameras and traffic infraction detectors may be located in any front, side or rear yard setback, including within the area defined as the visual obstruction triangle, provided the Building Official determines that the placement of said equipment will not pose a danger to pedestrian and/or vehicular traffic.