(A)   The following uses, which are classified as temporary uses, may be permitted by the Building Official in any district:

      (1)   Carnivals not to exceed 30 days;

      (2)   Circus not to exceed 30 days;

      (3)   Fairgrounds not to exceed 30 days;

      (4)   Religious assemblies not to exceed 30 days;

      (5)   Sports events not to exceed 30 days;

      (6)   Concrete mixing or batching plant uses temporarily required by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, provided that such use shall not be permitted nearer than 250 feet to a developed lot in a district zoned for residential uses;

      (7)   Armed forces displays not to exceed 30 days;

      (8)   Educational displays not to exceed 30 days;

      (9)   Temporary sales of merchandise not to exceed 30 days; and

      (10)   Temporary buildings and/or construction trailers (not to exceed six months) excluding mobile homes used for residential purposes.

   (B)   A temporary use shall not be permitted nearer than 100 feet to a developed area in a district zoned for residential uses.

   (C)   A permit for the temporary use of any property for the above-listed uses shall be secured from the Building Inspection Department to such use.

   (D)   Use of a parcel of property for any of the above-listed uses at any time on any day shall constitute a day’s use. Use of a parcel of property for any of the above-listed uses for more than 30 days except for concrete mixing or batching plants, during any one year shall constitute a permanent use and such parcel of property shall automatically again be subject to the district regulation of the zoning district in which such parcel of property is located.

(1998 Code, App. A, § 40-54) (Ord. 94-05, passed 4-20-1994)

   (A)   Purpose. Off-street parking requirements are intended to properly regulate the number and design of off-street vehicular parking spaces to meet the needs of occupants, customers, visitors or others involved in the use of any building, structural improvement or place of assembly; and to eliminate the undue use of the surface street system for parking purposes.

   (B)   Requirements.

      (1)   In all districts, except E-1 (Central Business), there shall be provided off-street parking spaces.

      (2)   Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet by 22 feet for each parallel parking space and nine feet by 18 feet for each angular head-in parking space, and shall be designed in accordance with minimum standards as defined.

      (3)   The minimum number of off-street parking spaces required shall be as follows:

 

   (C)   Off-street stacking requirements for drive-through facilities.

      (1)   A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space or maneuvering area.

      (2)   For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces.

      (3)   For each service window of a drive-through restaurant, a minimum of six spaces shall be provided.

      (4)   For kiosks, a minimum of two stacking spaces for each service window in addition to the service window shall be provided.

      (5)   For each full service car wash, vacuum or gas pump lane, a minimum of seven stacking spaces shall be provided.

      (6)   For each self-service (drive-through/automated) wash bay, a minimum of three stacking spaces in addition to the wash bay shall be provided.

      (7)   For each self-service (open bay), a minimum of two stacking spaces in addition to the wash bay shall be provided.

      (8)   For automobile quick lube facilities, a minimum of three stacking spaces in addition to the service bay shall be provided.

   (D)   Joint parking. Uses may join in establishing joint parking areas. Where it can be demonstrated before the Zoning Commission that parking for two or more specific uses occurs at alternating periods, and where the combined floor area of such uses occupies not less than 50,000 square feet or where the aggregate required off-street parking for such uses would be at least 200 spaces, then the parking space requirements of the use requiring the greater number of spaces may be applied to the other uses in a combined parking area. However, it shall be demonstrated as a condition precedent to consideration of a joint parking area that such area will result in a reduction of at least 10% of the aggregate required off-street parking for such uses.

(1998 Code, App. A, § 40-56) (Ord. 95-26, passed 1-3-1996)

   (A)   All retail, commercial and industrial structures shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on a suitably screened lot adjacent to a private service drive.

   (B)   At least one-half of such loading spaces shall have a minimum dimension of ten feet by 40 feet and the remaining spaces shall have a minimum dimension of ten feet by 20 feet.

   (C)   Loading spaces shall be provided in accordance with the following schedule.

      (1)   For all retail, commercial and industrial uses.

 

 

      (2)   For all hotels, office buildings, restaurants and similar establishments.

 

 

   (D)   Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to fully enclose the loading operation, in order to reduce the effects of the noise of the operation on adjacent residences.

   (E)   Where adjacent to residential uses or districts, off-street loading areas shall be screened from view of the residential use or district.

(1998 Code, App. A, § 40-57)

   (A)   In any district zoned for residential uses, an accessory building may not be used for commercial purposes and may not be rented.

   (B)   An accessory building not exceeding one story in height may occupy not more than 60% of a minimum required rear yard.

   (C)   An accessory building exceeding one story or more in height may occupy not more than 40% of a minimum required rear yard.

   (D)   An accessory building in a district zoned for residential uses shall be located on the rear one-half of the lot and at least ten feet from any dwelling building existing or under construction on the same lot or any adjacent lot, except swimming pools, which may be located nearer than ten feet from any dwelling building existing as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. No accessory building shall be located nearer than five feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. A garage, attached to or detached from the main building, may be located not nearer than five feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. Metal shipping containers shall not be allowed in any district zoned for residential use. Districts zoned for residential use are A, A-1, A-2, B, C, C-1 and MH.

   (E)   Metal shipping container boxes are only allowed in zoning districts zoned F (Light Industry); F-1 (Outdoor Industrial); G (Water Front); H (Heavy Industry) and within construction site areas not to exceed 24 months. Container boxes allowed within the approved zoning districts shall be located within the rear one-half of the lot and/or must adhere to the established performance standards already prescribed for the above-referenced zoning districts (F, F-1, G and H).

(1998 Code, App. A, § 40-58) (Ord. 94-05, passed 4-20-1994; Ord. 07-26, passed 8-1-2007; Ord. 09-30, passed 10-21-2009)

   (A)   All multi-family development shall provide buffering on the subject property, from adjacent property which is zoned or used for lower density residential or non-residential uses if the adjacent property is zoned or used for such uses at the time of the multi-family development.

   (B)   All non-residential development, including planned developments, shall provide buffering on the subject property, from all adjacent land zoned or used for any residential purpose, if that land is zoned or used as such at the time of the non-residential development.

   (C)   The screening shall be continuously maintained and shall be either a solid masonry wall in accordance with adopted fence standards, which is a minimum six feet high, or the standard screening fence. Such screening shall be located on the subject property, adjacent to the common property line. If an alley is separating the uses, the required screening shall be located on the subject property side of the alley adjacent to the property line which is adjacent to the alley.

   (D)   The standard screening fence which is required for screening purposes, shall be constructed with the following standards.

      (1)   Said fence shall be a minimum of six feet in height.

      (2)   All wood materials shall be naturally decay resistant or pressure treated exterior grade, such as redwood or cedar, or other materials acceptable to the City Commission.

      (3)   All nails or fasteners shall be of non-rusting, non-corrosive metal, such as hot-dipped galvanized steel. All nails or fasteners shall be of the type (screw-shank, ring-shank or divergent-point staples) that, when properly driven, will not work free due to wind, vibration or shrinkage of members. The maximum spacing allowed between pickets shall be one-quarter inch.

      (4)   All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free form rust, rot, vandalism and other sources of decay.

   (E)   Outside storage of wrecked, inoperable vehicles and equipment shall be screened by a minimum six-foot masonry wall or standard screening fence. Materials stored, excluding trucks and machinery, shall be stacked no higher than one foot below the top of the fence or wall.

   (F)   An exception to the screening fence requirement may be granted by the City Commission. Any property owner who appeared at a zoning public hearing wherein a specific screening fence requirement was imposed on a subject property under consideration will be notified of the proposed exception and date of the administrative report of said property if request for an exception of the screening fence is submitted. One or more of the following conditions must be present or apply for consideration of an exception:

      (1)   Topographical variations that would preclude a normal installation, or act as a screening mechanism. A topographical variation may serve as a screening device if the zoning district requiring the screening fence is separated from the adjoining use by a 30% slope or greater, as long as the elevation between the two uses is at least six feet, (property requiring the screening fence is at the higher elevation);

      (2)   Dense vegetation that presently exists onsite, which serves the same purpose as a screening fence. Vegetation will serve as a screening device if it is a minimum of six feet in height and the density obstructs the view; and

      (3)   The fence will impede proper drainage.

(1998 Code, App. A, § 40-59) (Ord. 97-26, passed 1-21-1998; Ord. 08-48, passed 12-3-2008)

   Unless a greater side yard is required by zoning district regulations, on corner lots, the side yard on the street shall be the same as the requirement for the front, except on corner lots adjacent to a segment of side street upon which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be 20 feet or the same as the depth of front building setback, whichever is less. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of passage of this chapter to less than 20 feet.

(1998 Code, App. A, § 40-60)

   Certain architectural features, fences, walls and hedges may project into, or be located in, required yards as follows:

   (A)   Cornices, eaves and sills not more than two feet into any required yard;

   (B)   Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards;

   (C)   Patios and open decks may be located in side yards and rear yards; provided that, they are not closer than three feet to any adjacent property line. In the case of a corner lot, patios or decks shall be subject to the regular street side yard requirements of the district;

   (D)   Upon approval of the Building Official, open sided carports may be located in front yards (or, in the case of a corner lot, in the side yard); provided that, they are not closer than five feet to any front property line, and do not exceed the eave height of the existing dwelling;

   (E)   An open fire escape not more than four feet into rear yards; provided that, such structure does not obstruct ventilation or light;

   (F)   Any fence, wall, hedge, shrubbery and the like, no higher than a baseline extending from a point two and one-half feet above front walk grade to a point six feet above walk grade at the depth of the front yard, single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery and the like on the side street except that the City Commission may, by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not project more than five feet into the required side yard setback area;

   (G)   No object, or combination of objects, including, but not limited to, any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain shall be excluded from the objects otherwise prohibited by this division (G). And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet above the top of the adjacent roadway curb and eight feet above the top of the adjacent street curb, or if there is not a curb, then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way lines and a point on each such right-of-way line 35 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section; and/or

   (H)   Any object or combination of objects, placed, planted or maintained in violation of this division (H), shall be removed upon written notice by certified mail from the Building Official of the city, or his or her representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of this chapter.

(1998 Code, App. A, § 40-61) (Ord. 00-54, passed 9-6-2000; Ord. 02-01, passed 2-6-2002)

   (A)   Where this chapter authorizes approval by the Planning Board of alternatives to the required exterior brick, stone or masonry material; such consideration shall be conducted in a public hearing; however, legal notification shall not be required.

   (B)   In consideration of a request for alternative materials, it shall be the responsibility of the applicant to demonstrate the following:

      (1)   The application represents a superior result than that which could be achieved by strictly following the requirements of this section;

      (2)   The application identifies a unique architectural theme for a master planned subdivision; or

      (3)   The application is based upon building constraints related to elevated structures and flood protection.

   (C)   An application based upon economic relief or economic hardship shall not be considered as a basis for approval of alternative standards.

   (D)   A denial of the application by the Building Official may be appealed to the Board of Adjustments if the appeal is filed consistent with § 160.110 of this chapter.

(1998 Code, App. A, § 40-62) (Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. Landscaping requirements are intended to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious or unvegetated surfaces. These requirements are also intended to preserve and improve the natural and urban environment and enhance the aesthetic qualities of the city.

   (B)   Requirements. In multi-family and mobile home districts and all non-residential districts, excluding District E-1 (Central Business), future developments must provide a minimum amount of landscaping according to the following chart:

 

      (1)   Except in districts C, C-1 and MH, a minimum of 50% of the required landscaping area shall be located in the front one-half of the lot. Required landscaping shall not include driveways, paved walks or right-of-way or easements for streets or alleys.

      (2)   On any corner lot, all landscaping, whether or not required by this chapter, shall be designed and maintained to conform with the visibility standards in § 160.085 of this chapter.

      (3)   When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between 30 inches and eight feet above street grade.

      (4)   The triangular areas referred to are: the areas of property on both sides of an accessway where it intersects a public right-of-way, with the two sides of each triangle being ten feet long from the point of intersection and the third side being a line connecting the ends of the other two.

   (C)   Plant material. Tree species shall be a minimum of seven feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall be prohibited.

   (D)   Required trees. One tree per 500 square feet of designated landscaped area is required. The number of required trees in Districts C and C-1 shall be according to the requirements of §§ 160.029 and 160.030 of this chapter. A minimum of one tree per lot or tract is required. All trees shall be planted in the areas which are visible from the street. Trees shall not be planted in the right-of-way. Trees shall be a minimum of three-inch caliper, staked and wrapped, and shall be live oak, red oak, cedar elm, bald cypress, silver maple, Japanese black pine, palm or other trees of similar quality as approved by the Director of Parks and Recreation. Yaupon, crepe myrtle and other similar trees shall not be required to be a minimum of three-inch caliper.

   (E)   Existing plant materials. In instances where healthy plant material exists on a site prior to its development, the application of the above landscaping requirements may be adjusted if such an adjustment is consistent with and will preserve the intent of this chapter.

   (F)   Maintenance. All plant material shall be maintained at all times in a living and growing condition.

   (G)   Landscape plan. A landscaping plan, demonstrating compliance with the provisions of this section, shall be submitted to the Building Official at the time of application of building permit.

   (H)   Synthetic or artificial materials. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of the landscape requirements.

   (I)   Additional requirements. Requirements, in addition to those noted above, may be stipulated in the individual zoning districts regulations.

(1998 Code, App. A, § 40-63)

   (A)   Any use of land or structures which do not conform to the use regulations prescribed in this chapter or amendments hereto shall be deemed a non-conforming use.

   (B)   Any building or structure on a lot which does not conform the lot area, lot dimensions, front yard, side yard, rear yard or coverage, or any building or structure which does not conform to the height, parking, loading, building spacing or any other regulations or any requirements of this chapter shall be deemed a non-conforming building or structure.

   (C)   Any use or failure to meet requirements that existed lawfully at the time of enactment of this chapter may be continued subject to reasonable regulations by the Board of Adjustments, except as described in the following.

      (1)   A non-conforming use or failure to meet requirements shall not be continued when there is a change of use.

      (2)   A non-conforming use or failure to meet requirements shall not be continued when 50% of the floor area of the use or structure is remodeled or rebuilt.

      (3)   A non-conforming use or failure to meet requirements shall not be continued when the non-conforming use is abandoned. A structure shall be deemed to be abandoned when the electrical service and/or water service has been disconnected for a period of six consecutive months.

      (4)   Any non-conforming use or failure to meet requirements shall be brought into compliance when the property is rezoned to another district.

(1998 Code, App. A, § 40-65) (Ord. 94-05, passed 4-20-1994; Ord. 21-24, passed 10-6-2021)

   Height limitations stipulated elsewhere in this chapter shall be modified as follows.

   (A)   Chimneys, water towers, penthouses, scenery lofts, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.

   (B)   On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots, more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation.

(1998 Code, App. A, § 40-66)

   (A)   In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building with front yards which do not conform to the provisions of this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets.

   (B)   In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building having front yards of greater depth than are required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.

   (C)   No cornice shall project over the street line more than 5% of the width of such street and in no case more than four feet.

   (D)   Buildings on through lots in all districts, except E-1 (Central Business), where such lot is 200 feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard; provided that, in any case where the rear lot lines are continuous through the block, if a through lot is secured by combining any two or more non-through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block.

   (E)   A minimum of ten feet shall be allowed between buildings. This distance may not be reduced by more than 40% by overhanging eaves, roofs or other projections.

   (F)   The area required in a yard at any given level shall be open from such level to the sky, unobstructed, except for the customary projections of skylights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four inches and chimneys not more than two feet; provided that, if the building is not more than 35 feet in height, such cornice may project not more than two and one-half feet into such yard; and, provided further that, upon balconies and one-story porches with three unenclosed sides may project into a front or rear yard not to exceed ten feet; provided further that, within five feet of the street wall a cornice may project not more than three feet into the side yard.

   (G)   An open fire escape may project not more than four feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four feet into a rear yard.

   (H)   To provide adequate protection in all districts zoned for residential uses, a minimum setback of 25 feet of all buildings and accessory buildings from any underground, high-pressure, gas pipeline easement or any other hazardous pipeline is required. When deemed necessary, the City Commission may request additional setbacks. The only exception will be one storage building not exceeding 225 square feet in floor area or 12 feet in height will be allowed in the 25-foot setback area. Foundations for storage buildings will be constructed on a treated wood foundation and not on concrete. Storage buildings are not classified as permanent accessory buildings.

(1998 Code, App. A, § 40-67) (Ord. 94-05, passed 4-20-1994; Ord. 07-39, passed 11-7-2007; Ord. 08-31, passed 7-16-2008)

   Nothing herein contained shall require any change in plans, construction or designated use of a building legally under construction or restoration or for which a permit for construction or restoration has been issued at the time of passage of this chapter. The entire construction or restoration of the building shall be complete within two years from the passage of this chapter.

(1998 Code, App. A, § 40-68)

   (A)   Gasoline or diesel storage tanks shall conform to the provisions of Ch. 96 of this code of ordinances.

   (B)   Portable fuel containers of less than 55 gallons capacity shall not be considered storage tanks for purposes of this section.

   (C)   No gasoline or diesel storage tank shall be located in Districts A, A-1, A-2, B, B-1, C, C-1, MH and O-P or any residential district that may be created in the future.

   (D)   Aboveground storage tanks other than vaulted aboveground tanks are prohibited, except in District H and G.

   (E)   Vaulted aboveground tanks for private use may be allowed in all districts, except A, A-1, A-2, C, C-1, D, D-1, MH and O-P; provided, they meet all local requirements.

   (F)   Storage tanks for all retail and marine service stations open for public use shall be underground.

   (G)   No opening for the filling or dispensing of any gasoline or diesel tanks shall be permitted within 50 feet of any boundary of a district zoned for residential uses or within 50 feet of any residential use.

(1998 Code, App. A, § 40-69) (Ord. 94-05, passed 4-20-1994) Penalty, see § 160.999