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St Augustine Beach City Zoning Code

ARTICLE VII

SUPPLEMENTAL/ACCESSORY STRUCTURES AND USES

Sec. 7.00.00.- Purpose.

It is the purpose of this article to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

(Ord. No. 91-7, § 2)

Sec. 7.01.01. - General standards and requirements.

Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

A.

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this Code.

B.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Code.

C.

Accessory structures shall not be located in a required buffer, landscape area, front yard or minimum building setback area in the side or rear yard, or in the front of the structure, beyond the front building wall of the main structure.

D.

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

E.

Accessory structures shall be shown on any concept development plan with full supporting documentation as required in Article XII of this Code.

(Ord. No. 91-7, § 2; Ord. No. 95-1, § 7; Ord. No. 21-15, § 4, 1-3-22)

Sec. 7.01.02. - Swimming pools, hot tubs, and similar structures.

A.

Swimming pools shall be permitted only in side and rear yards, and shall not encroach into any required building setback except as provided in Article VI of this Appendix.

B.

Screen enclosures for pools shall not be considered a part of the principal structure. Screen pool enclosures must maintain a minimum setback requirement of five (5) feet from the side and rear yard.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 8)

Sec. 7.01.03. - Fences and retaining walls.

A.

The posts of each fence must be resistant to decay, corrosion and termite infestation.

B.

The finished side of all fences shall be installed to face the outside of the fenced in area except where necessary in a case where a structure, fence, or tree makes installation of the finished side facing outside impracticable.

C.

Fences may be located in all side and rear setback areas. Fences shall not exceed eight (8) feet in height.

D.

In areas where the property faces two (2) roadways or is located in any other area construed to be a corner lot, no fence shall be located in the vision triangle.

E.

Fences shall be allowed in the front yard setback area. Chain link fencing shall not be allowed. The allowed type of fence shall be picket style, not exceeding forty-two (42) inches in height.

F.

A fence required for safety and protection of a hazard by another public agency may not be subject to the height limitations above. Approval to exceed the minimum height standards may be given by the Building Official upon review of satisfactory evidence of the need to exceed height standards.

G.

No fence or hedge or wall shall be installed in such a manner as to interfere with drainage on the site.

H.

Any fence along either side of A1A Beach Boulevard shall have the approval of the Comprehensive Planning and Zoning Board prior to permitting through the Building Official.

I.

Any fence along either side of A1A Beach Boulevard shall maintain a minimum distance of 5 feet from the property line adjacent to A1A Beach Boulevard right-of-way in order to promote a vegetative buffer as per Section 6.06.03 of this code.

(Ord. No. 91-7, § 2; Ord. No. 95-18, § 6; Ord. No. 01-02, § 2, 5-7-01; Ord. No. 04-11, § 1, 8-2-04; Ord. No. 08-24, § 1, 9-8-08; Ord. No. 13-16, § 1, 11-4-13; Ord. No. 18-06, § 1, 5-7-18)

Sec. 7.01.04. - Temporary construction fences.

A.

Temporary construction fences along A1A Beach Boulevard that are anticipated to remain in place for a duration more than (6) months shall be reviewed by the Planning and Zoning Board for aesthetic value prior to permitting through Building and Zoning Department.

B.

If a temporary construction fence exceeds (6) months from permitting the permit will be renewed in same manner as described in section 7.01.04 (A).

(Ord. No. 18-06, § 2, 5-7-18)

Sec. 7.02.01. - Home occupations.

A home occupation shall be allowed in a bona fide dwelling unit, subject to the following requirements:

A.

All home occupation uses allowed under F.S. § 559.955 are allowed within the city. Should any home occupation not be regulated under F.S. § 559.955, this section shall control those home occupations.

B.

No more than two (2) persons other than members of the family residing on the premises shall be engaged in such occupation.

C.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall under no circumstances change the residential character of the structure.

D.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, unless a sign is required by state law. Said sign shall not exceed minimum state requirements.

E.

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front yard required pursuant to this Code.

F.

No equipment, tools or process shall be used in such a home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in line voltage off the premises.

G.

Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of this definition and providing no retail sales are made at the home.

H.

Outdoor storage of materials shall not be permitted.

I.

A home occupation shall be subject to all applicable city occupational licensing requirements, fees, and other business taxes.

(Ord. No. 91-7, § 2; Ord. No. 21-10, § 4, 10-4-21)

Sec. 7.02.02. - Recreation centers, and other amenities.

A.

Generally. Residential development projects may provide amenities for the exclusive use of the residents of the project. Such amenities shall be allowed only as provided below.

B.

Community centers/recreation centers. Residential projects may provide a central facility to provide a meeting place and indoor recreation opportunities for residents subject to the following restrictions:

1.

Such facilities shall not be available to the general public.

2.

Parking to serve the building shall be provided as required by Article VI of this Code.

3.

There shall be no identification signs, other than directional signs pursuant to Article VIII of this Code.

(Ord. No. 91-7, § 2)

Sec. 7.03.01. - Temporary construction trailers.

A.

A temporary construction trailer is allowed upon receipt of a permit from the building official. As used herein, the term 'construction trailer' shall refer to a manufactured structure, upon wheels which may be removed after entering the construction site, in good repair and condition, designed and intended to be utilized as office space on a temporary basis on construction sites. The building official may issue no more than two (2) permits outstanding at any one time in any one subdivision. The permits shall specify the lot upon which the temporary construction trailers are to be placed and the lots for which the temporary construction trailers are to be utilized. A permit is to be issued for a period of two (2) years. The trailer is to be removed at the earlier of the expiration of the permit or completion of construction. No more than fifty (50) percent of the total floor space of a trailer may be used as a sales office. No signage shall be permitted indicating that the trailer is a sales office. At all times, the primary usage of the trailer shall be as a construction trailer utilized by contractors and subcontractors actually engaged in construction upon the lots for which the permit indicates it has been issued. Temporary construction trailers in excess of the numbers herein may be authorized by the comprehensive planning and zoning board as a conditional use.

B.

Paragraph A. of this section shall not apply to any temporary construction trailer or sales office for which a permit was issued by the building official prior to the adoption of this section. Such trailer or sales office shall be used in accordance with the permit and located within the project boundaries. The trailer shall be removed immediately upon completion of the project.

C.

A trailer upon public works projects being constructed under contract to a governmental entity may be permitted for the use of contractors, subcontractors, and engineers and architects for so long as the public works project is under construction.

(Ord. No. 91-7, § 2; Ord. No. 93-15, § 4; Ord. No. 97-41, §§ 1, 2, 1-5-97)