(a)

Districts where permitted.

(b)

Definition. "Accessory dwelling unit:" An ancillary or secondary living unit to a single-family dwelling use that has a separate entrance, kitchen, bathroom, and sleeping area existing either within the same structure, or on the same lot, as the primary dwelling unit.

(c)

Standards for permitted accessory uses with limitations.

(1)

In the Residential Estate (RE), Rural Residential (RR), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Residential Historic Properties (RHP), Office Professional (OP), General Use (GU), Open Space and Recreation (OR), Urban Mixed-Use (UMU), Shoreline Mixed-Use (SMU), and Indian River City Neighborhood-Residential (IRCN-R):

a.

An accessory dwelling unit shall be permitted only as accessory to, and on the same lot as, a single-family dwelling, and are not permitted as accessory to a two-family dwelling, multifamily dwelling, or mobile home dwelling.

b.

Not more than one (1) accessory dwelling unit per lot is permitted.

c.

An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse). An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling, and shall have a principal access only from the side or rear yard of the principal dwelling.

d.

The use of a mobile home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.

e.

The floor area of an accessory dwelling unit shall not exceed thirty-five (35) percent of the entire floor area of the primary dwelling (exclusive of porches or basements) and shall be a minimum of three hundred (300) square feet and a maximum of nine hundred fifty (950) square feet in gross floor area.

f.

The construction or addition of an accessory dwelling unit shall not cause the maximum lot coverage established by the zoning district to be exceeded.

g.

One (1) parking space shall be provided for an accessory dwelling unit in additional to any required parking for the principal use. The accessory unit parking requirement may be waived by the Administrator if the property abuts a street where on-street parking is available.

h.

If an accessory dwelling unit exceeds twenty (20) percent of the entire floor area of the primary dwelling (exclusive of porches or basements), then it shall be compatible in architectural style, color and exterior facing material to the primary dwelling.

(2)

In the Downtown Mixed-Use (DMU) zoning district, accessory dwelling units are limited to the upper floors of buildings.

(3)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, accessory dwelling units:

a.

Shall be limited to one (1) ADU per commercial lot.

b.

Shall have a minimum living area of six hundred (600) square feet plus one hundred (100) square feet per each additional bedroom.

c.

Shall be one residential unit intended to be occupied by the owner or proprietor of the business, and shall not be rented or otherwise used as a separate dwelling, leased or otherwise made available for compensation of any kind.

d.

Shall share a common wall (including the roof) of the commercial structure.

(Ord. No. 26-2020, § 2, 12-8-20; Ord. No. 51-2023, § 2, 11-14-23)

(a)

Districts where permitted.

(b)

Definition. "Antenna" means any apparatus designed for the transmission and/or receiving of electromagnetic waves, including, but not limited to: telephonic, radio, wireless, or television communications. Types of antenna include, but are not limited to, omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single band (FM and RV), yagi or parabolic (dish) antennas, and in the case of AM broadcast facilities, the actual tower surface. "Antenna system" means any antenna or antenna array.

(c)

Standards for uses with limitations. The following apparatus shall be exempt from the requirements of paragraph (8) below.

(1)

Satellite earth stations (satellite dish) that are one meter (39.7 inches) or less in diameter.

(2)

Antennas and/or antenna support structures owned by amateur radio service operators licensed by the Federal Communications Commission (FCC). However, such antennas or antenna support structures shall continue to be subject to accessory structure setbacks (except guy wires) as required by the applicable zoning district, and shall meet the standards of paragraph (9) below.

(3)

A government-owned communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the City Manager or designee; except that such facility must comply with all federal and state requirements. No communication facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.

(4)

A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

(5)

A temporary, commercial facility, upon the declaration of a state of emergency by federal, state, or local government, except that such facility must comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency.

(6)

A temporary, commercial facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, except that such facility must comply with all federal and state requirements. Said communications facility may be exempt from the provisions of this division up to one (1) week after the duration of the special event.

(7)

Licensees using the FCC's industrial/business pool radio frequency with towers not exceeding thirty-five (35) feet in height measured from the average elevation of the finished developed grade of the building site are permitted in every zoning classification as an accessory structure to a developed primary use. This exemption shall be utilized only for local, private communication purposes (i.e., cab service, dispatch and tow trucks). Communication service subscriptions shall be prohibited. Personal wireless services and wireless telecommunications facilities shall not be permitted pursuant to this exemption.

(8)

Standards for non-exempt antennas:

(a)

The top of the antennas and/or antenna array, which may exceed the maximum building height of the zoning district, shall not be more than twenty (20) feet above the approved building height of the primary structure upon which it is affixed or mounted.

(b)

No combination of extensions exceeding twenty (20) feet above the approved building height of the primary structure upon which it is affixed or mounted shall be permitted.

(c)

The antenna elements shall be painted to match the primary structure upon which the antenna is placed. The Administrator may consider such other aesthetic treatments as are proposed to integrate the antenna with the structure.

(9)

Antennas for amateur radio stations.

a.

Location on property. All such poles, masts and towers shall be placed no closer than five (5) feet to an official right-of-way line or to property under different ownership, or closer than one (1) foot to an easement. If beam (array) type of antenna installed, no element or part of such beam type array antenna shall extend closer than five (5) feet to an official right-of-way line and/or the property under different ownership or closer than one (1) foot to an easement.

b.

Compliance with electrical codes and federal regulations. All such installations shall conform to the requirements of the National Electrical Code and the F.C.C. regulations, Part 12, Section 12.60 governing amateur radio services. National Electrical Code installation must maintain a minimum of eight (8) feet clearance from power lines over two hundred fifty (250) volts and all high voltage primary lines, and this includes the beam elements or any part thereof.

c.

Permits. Permits shall be obtained from the City for installation of any poles, masts or towers over twenty (20) feet above the roof of any structure to which they may be attached, and for any installation over thirty-five (35) feet in height when erected on natural ground. Application shall show all dimensions, size and kind of members, footings and guy wires, if any; locations, depth and type of guy anchors and footings, if any, and showing the type and weight of antenna, apparatus or structure to be attached to or supported by the structure.

d.

Poles, type. Poles shall be of the approved creosoted type or treated or painted with a chemical preservative and an outer coat of oil base paint before installation (Color to match surrounding development).

e.

Holes. Recommended sizes and depths of holes for various type poles subject to good engineering standards:

If the pole is guyed in accordance with American Standards Association standards, the depth of hole as listed in Code can be decreased by one (1) foot. If carrying a beam, poles must be properly guyed, as is the case where pulling effect of wire antenna or weight of other installations will require guying.

f.

Masts. Masts constructed of wood (2″ x 2″ or 4″ x 4″ for either the "A" frame type construction or straight masts) shall be properly chemically treated, painted with an outside coat of oil base paint and be properly guyed both at the top and middle in at least three (3) different directions, approximately one hundred twenty (120) degrees apart, or otherwise suitably guyed. Masts to support a beam, whether of wood or metal pipe, must comply with all the regulations applicable in regard to location, guying, etc., and the maximum allowable weight of antenna, rotator and components shall not exceed one hundred fifty (150) pounds.

g.

Towers. Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid, demountable type with the crank-up, crank-down and either the hinged base or swivel crank-over features shall carry no more weight on the top than specified by the manufacturers' specifications.

h.

Structures exceeding specific heights. All poles, masts or towers, and other structures used for antennas under this section, which exceed thirty-five (35) feet in height above grade elevation, or which exceed twenty (20) feet in height above the roof of any structure shall be subject to the following requirements:

If the top of such poles, masts or towers are higher above their foundation, or the foundation of the structure on which they are erected, than ninety (90) percent of the horizontal distance from its base or projected base to the nearest point on adjacent property under different ownership or to the nearest edge of an official right-of-way, then no permit shall be issued for such installation unless a conditional use permit is approved.

In calculating the height of demountable type towers, the top of the lower rigid section shall be considered the top for the purpose of this subsection.

Beam array antenna shall be so mounted so as to provide easy servicing and easy access for removal at approach of hurricanes, or provide for the lowering of such beam.

(d)

Standards for conditional uses. (Reserved).

(Ord. No. 27-2023, § 3, 4-25-23)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted accessory uses with limitations.

(1)

In all zoning districts, arbors:

a.

Shall not exceed one hundred twenty (120) square feet.

b.

Shall not exceed twelve (12) feet in height.

c.

Shall be set back a minimum of five (5) feet from all property lines.

d.

Shall not be located in the sight distance triangle.

e.

Shall not be used for storage, including vehicular storage.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(Ord. No. 31-2017, § 20, 10-24-17; Ord. No. 51-2018, § 2, 11-13-18; Ord. No. 26-2020, § 3, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Automated teller machine:" An automated device that performs banking or financial functions at a location remote from the controlling financial institution.

(c)

Standards for permitted accessory uses with limitations.

(1)

Placement must be outside required landscape islands and stormwater management systems.

(2)

Anchoring to trees, traffic signs, fire hydrants, fire connectors, lift stations or other site infrastructure is prohibited.

(3)

Dispensers and service machines placed in parking lots shall have a finished exterior of brick, stucco, stone, stained wood, or similar materials and shall not contain windmills, nor be shaped to resemble objects (animate and inanimate).

(4)

A sloped roof with a peak or parapet roof is required to be affixed to dispensers placed in parking lots with shingle, tile or other roof material in accordance with Florida Building Codes.

(5)

Advertising, other than signage with the logo and name of the item being dispensed or service provided, is prohibited.

(6)

Parking for at least one (1) space per each unmanned paid dispenser unit shall be provided unless otherwise specified in the Land Development Regulations. Required parking for the commercial accessory use cannot occupy required parking for the principal use.

(a)

Districts where permitted.

(b)

Definition. "Detached automatic vending and transaction machines:" Any unattended self-service device that, upon insertion of coin(s), token(s), or by similar means, dispenses any item or conducts a transaction. These self-service devices may be attached, contained within, or adjacent to another structure or detached (freestanding and not adjacent to another building or structure).

(c)

Standards for permitted accessory uses with limitations.

(1)

Placement must be outside required landscape islands and stormwater management systems.

(2)

Anchoring to trees, traffic signs, fire hydrants, fire connectors, lift stations or other site infrastructure is prohibited.

(3)

Dispensers and service machines placed in parking lots shall have a finished exterior of brick, stucco, stone, stained wood, or similar materials and shall not contain windmills, nor be shaped to resemble objects (animate and inanimate).

(4)

A sloped roof with a peak or parapet roof is required to be affixed to dispensers placed in parking lots with shingle, tile or other roof material in accordance with Florida Building Codes.

(5)

Advertising, other than signage with the logo and name of the item being dispensed or service provided, is prohibited.

(6)

Parking for at least one (1) space per each unmanned paid dispenser unit shall be provided unless otherwise specified in the Land Development Regulations. Required parking for the commercial accessory use cannot occupy required parking for the principal use.

(a)

Districts where permitted.

(b)

Definition. "Clubhouse:" A building or room used for social or recreational activities by members of a club (e.g. golf course clubhouse) or occupants of a residential or other development.

(c)

Standards for permitted accessory uses with limitations.

(1)

A clubhouse is allowed as an accessory use to a membership club or a multifamily development in any district in which those uses are permitted. They are also allowed as an accessory use to a residential subdivision development. Clubhouses:

a.

Shall limit food and alcoholic beverages sales to members and their guests, and patrons actually using the club facilities.

b.

Shall require a clubhouse, that is accessory to a residential subdivision or multifamily development, be proposed, reviewed, and developed in conjunction with the subdivision, or approved phase thereof.

(Ord. No. 26-2020, § 4, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Detached building/structure:" A detached subordinate structure(s), the use of which is incidental to that of the principal structure and located on the same lot therewith. Examples of detached accessory building/structure are: a garage, shed, carport or similar detached accessory building/structure.

(c)

Standards.

(1)

For all districts, a covered walkway open at least two (2) sides may be attached to the principal structure. The required separation shall be the distance measured between the vertical planes established from the eaves to the ground. Principal and accessory structures shall not be connected by any type of enclosed passageway or room addition unless all structures meet principal structure setbacks. If this walkway is enclosed between the accessory structure will be deemed attached to the principal structure and shall meet the minimum principal structure setbacks.

(2)

Regulations for nonconforming detached metal carports are established in Chapter 34, Procedures, Article VII, Nonconforming uses, structures/vested rights, Section 34-350, Nonconforming structure—Metal carports.

(3)

The placement or use of any shipping container and other transport containers as an accessory building, storage building, living unit, or in any other matter on residentially zoned land and/or land used for residential purposes is prohibited. Licensed and bonded contractors may use shipping containers for temporary housing of equipment and materials during construction as authorized by a City building permit.

(Ord. No. 31-2017, § 21, 10-24-17; Ord. No. 44-2017, § 1, 12-12-17)

(a)

Districts where permitted.

(b)

Definition. "Dock:" A structure consisting of a fixed or floating platform extending from the shore over the water.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Dormitory:" A building intended or used principally for sleeping accommodations where such building is related to an educational or public institution.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Home-based business:" A work activity carried on for profit or for nonprofit purposes, where all or part of the activity takes place within a structure where the principal use is for residential purposes and meets the criteria herein and in Section 559.955, Florida Statutes.

(c)

Standards for permitted accessory uses with limitations.

(1)

The home-based business shall be clearly incidental and subordinate to the residential use, and shall under no circumstances change the residential character of the dwelling unit. As viewed from the street, the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

(2)

The employees of the home-based business who work at the residential dwelling must also reside in the residential dwelling except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

(3)

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential dwelling.

(4)

No supplies or equipment shall be used in the home-based business which create fire or explosion hazards, electrical interference, noise, vibration, glare, fumes, or odors in violation of Chapter 13, Nuisances. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises.

(5)

In the conduct of the home-based business, commercial vehicles shall be parked in an off-street parking area meeting the City's parking regulations.

(6)

The use shall not require an off-street parking area for more than two (2) motor vehicles. No parking area shall be permitted in any required yard. The parking or storage of heavy equipment shall not be visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. Parking of all vehicles shall meet the requirements of the City's Code of Ordinances, including, but not limited to, Chapter 20, Traffic and Motor Vehicles and the Transportation Infrastructure Technical Manual.

(7)

There shall be no additional and separate entrance incongruent with the residential structural design constructed for the purpose of conducting the home-based business.

(8)

Any work activity held illegal by other applicable civil or criminal statutes shall be prohibited as a home-based business.

(9)

Through the conditional use permit process the City Council may modify the foregoing requirements of this section to accommodate the special needs of handicapped individuals applying for home-based business permits, provided that the public welfare would not be adversely affected.

(10)

A home-based business shall be subject to all applicable City business tax receipts and other permits and approvals as necessary.

(11)

Each home-based business license will be reviewed and renewed annually concurrently with renewal of the business tax receipt. The granting or renewal of a business tax receipt shall not be deemed to vest or otherwise entitle the licensee to continue a home-based business that is not in compliance with the City's Code of Ordinances. In the event this section is repealed or amended, home-base businesses shall not be deemed to have vested status.

(12)

If at any time, it is determined that the home-based business no longer meets the definition of home based business per 559.955, F.S or the requirements of this code, as evidenced by a finding of the Code Enforcement Board/Code Enforcement Special Magistrate, the business tax receipt may be revoked by the City Council upon notice and hearing pursuant to Chapter 11, Article II, Section 11-50, "Inspection before issuance; revocation authorized."

(13)

Notwithstanding the foregoing, any person conducting a home-based business, whether lawfully licensed or not, in violation of this section may also be prosecuted pursuant to any applicable local or state law.

(Ord. No. 23-2020, § 1, 11-24-20; Ord. No. 7-2022, § 3, 3-22-22)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for accessory uses permitted with limitations.

(1)

In all zoning districts, outdoor areas of seating shall be included in the area of the building for means of determining required parking for the site.

(2)

In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, outdoor areas of seating may only operate during the hours of 6:00 a.m. to 11:00 p.m. and shall not be located within fifty (50) feet of a residential property line.

(3)

In the Urban Mixed Use (UMU) and Neighborhood Commercial (NC) zoning districts, outdoor areas of seating may only operate during the hours of 6:00 a.m. to 10:00 p.m.

(4)

In the Downtown Mixed-Use (DMU) zoning district, outdoor areas of seating:

a.

Shall require a conditional use permit if music or other entertainment is proposed with the outdoor area of seating.

b.

Shall have outdoor food service and music or other entertainment terminate no later than 10:00 p.m. on weekdays (Monday—Thursday) and 11:00 p.m. on weekends (Friday—Sunday) when the outdoor area is located within fifty (50) feet of the Residential Historic Preservation zoning district.

c.

Shall include the number of outdoor seats provided by a restaurant as part of the restaurant's total permitted seating allotment and shall be shown on an approved site plan and/or survey of the property with a drawing indicating the seating area and compliance with parking requirements and all other conditions of this section.

d.

Shall not cause a licensed restaurant's required parking to become inadequate.

e.

Shall not encroach upon public rights-of-way, or public easements except public sidewalks, civic spaces or public plazas.

f.

Shall be restricted to the sidewalk or building frontage of the subject licensed restaurant, the rear yard or a side yard if the side yard is abutted by a nonresidential use or zone unless otherwise specified in a binding development plan.

g.

Shall be clearly delineated with planters, decorative fencing, and/or hedges to distinguish such area from the parking area serving the restaurant. When such seating areas are permitted to locate on elevated walkways, piers or docks, this condition does not apply.

h.

Shall comply with all city performance standards.

i.

Shall not encroach upon surface water/stormwater areas except as permitted by the City.

j.

Shall maintain either a five-foot wide clear pedestrian path or fifty (50) percent of the sidewalk width, whichever is greater when outdoor seating is provided within a public or private sidewalk area. Such clear pedestrian paths shall be maintained at all times.

k.

Shall not place tables and chairs within five (5) feet of bus stops, fire hydrants, aboveground public utilities, bike racks or any type of public street furniture.

l.

Shall be maintained in a neat and orderly appearance at all times and must be cleared of all debris on a periodic basis during the day and at the close of each business day.

m.

If found to be necessary for the protection of the health, safety and welfare of the public, the city manager or his/her designee may require the subject property to immediately remove or relocate all or part of the tables, chairs, etc. of the outdoor seating area.

n.

Serving or consumption of alcoholic beverages within an outdoor seating area shall comply with the regulations of applicable government agencies.

o.

Shall not allow advertising signs or business identification signs within the outside seating area unless permitted by the City sign regulations.

(Ord. No. 31-2017, § 22, 10-24-14)

Editor's note— Sec. 23 of Ord. No. 31-2017, adopted Oct. 24, 2014, deleted § 28-362 which pertained to outdoor areas of seating with entertainment.

(a)

Districts where permitted.

(b)

Definition. "Outdoor display of merchandise:" The display of retail goods in parking areas, sidewalks, and other locations outside of an enclosed building. This section does not apply to farmers' markets or produce stands where permitted by the applicable zoning district.

(c)

Standards for accessory uses with limitations.

(1)

In the Regional Commercial (RC), Community Commercial (CC), Neighborhood Commercial (NC), Tourist (T), Urban Village (UV), and Downtown Mixed-Use (DMU) zoning districts, outdoor display of merchandise:

a.

Shall be located adjacent to the principal building and shall not impede pedestrian or traffic flow and shall not encroach into designated parking areas. The defined areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise.

b.

Shall be limited only to merchandise from the retail establishment to which it abuts.

c.

Shall be located entirely under an awning or canopy that complies with the Code of Ordinances and Land Development Regulations. If no awning or canopy is present, the goods shall be displayed on an area abutting and not more than three (3) feet from the storefront.

d.

Shall not be located within fifteen (15) feet of any street intersection or pedestrian crosswalk.

e.

Shall not be located within five (5) feet of a primary roadway access into a parcel.

f.

Shall not be located within five (5) feet of another outside vending location.

g.

Shall not be located within five (5) feet of a building exit.

h.

Shall not be located within fifteen (15) feet of a fire hydrant.

i.

Shall not be located within an area that abuts the display windows of a permanent business location not owned by the outside vendor.

j.

Shall not be located where in the opinion of the Administrator it represents an obstruction to traffic safety or endangers the public welfare.

k.

Shall not allow the display of vehicles, auto parts, tires, heavy equipment of any kind, fireworks, or any hazardous products. Automobile/vehicle sales as established in Section 28-98 may display vehicles outdoors as part of the principal use.

l.

Second-hand dealers shall meet all requirements established in Section 823.07, Florida Statute.

m.

Shall only be utilized during the hours of operation of the associated business. Goods displayed outdoors shall not be left outdoors when the associated business is not operating.

n.

In the Regional Commercial (RC) zoning district, an outdoor storage display plan may be submitted and reviewed by the Administrator if the business operator wishes to deviate from these regulations.

(Ord. No. 19-2017, § 3, 8-8-17; Ord. No. 31-2017, § 24, 10-14-17; Ord. No. 26-2020, § 5, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Outdoor storage:" The exterior depository, stockpiling, or safekeeping of materials, products, merchandise, vehicles, trailers, and the like on commercial or industrial properties. Outdoor storage may be enclosed by a structure that includes a roof, but no side walls, in which case the structure shall be deemed outdoor storage; outdoor storage may involve fencing or screening without a roof in which case fencing or screening shall be deemed outdoor storage. Parking lots do not qualify for outdoor storage. Outdoor storage does not involve any product representation or signage except for those emergency or safety-related signs specifically approved by the City. Automatic vending or transaction machines accessory to allowable uses do not constitute outdoor storage. The parking or storage of vehicles, equipment, and merchandise for a period of less than twenty-four (24) hours does not constitute outdoor storage.

(c)

Standards for permitted accessory uses with limitations.

(1)

In the Planned Industrial Development (PID) zoning district, outdoor storage areas shall not be allowed in the front yard of the building and shall not be allowed within the minimum building setback areas of the side and rear yards. All storage areas shall be enclosed by a solid masonry wall or chain link fence (provided it is screened with landscape). Storage of materials shall not be stacked so as to exceed the height of the enclosure.

(2)

In the Light Industrial Services and Warehousing (M-1) zoning district, outdoor storage:

a.

Shall require a conditional use when the Comprehensive Plan Future Land Use designation is not industrial.

b.

Shall only be permitted as an accessory use with a principal building on the same lot, unless the storage area is secured by appropriate fencing. In all cases, access to the site shall be improved and permitted as determined by the City Manager or designee.

c.

Shall not be allowed within the minimum building setbacks.

d.

Shall be screened from view from adjacent rights-of-way and from adjacent lots with non-industrial uses or zoning, by buildings and/or an opaque masonry wall, or closed, opaque fence extending at least six (6) feet in height from the ground. All fences shall be maintained in good condition. A chain link fence shall not meet the visual buffer or screening requirement from adjacent non-industrial uses. An opaque landscape buffer of no less than twenty (20) feet in depth may be utilized in place of a masonry wall or opaque fence.

e.

Shall be kept in a neat and orderly arrangement; materials may not be stacked in piles higher than the screen wall or fence; and additional screening may be required for stored items that are large enough to exceed the height of the fence or wall.

f.

Shall be located no closer than seventy-five (75) feet from property lines of residentially zoned properties.

g.

Shall utilize paving or other stabilized surfaces that are designed and constructed to ensure soil or water contamination does not occur in all areas utilized for outdoor storage.

(Ord. No. 31-2017, § 25, 10-24-17; Ord. No. 29-2023, § 7, 7-25-23)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for permitted accessory uses with limitations.

(1)

Parking or storage of motor vehicles, recreation vehicles, boats, airboats, or trailers in residential districts shall adhere to the regulations in Section 20-58 of the Code of Ordinances.

(2)

The placement or use of any shipping container as an accessory building, storage building, or living unit on residentially zoned land and/or land used for residential purposes is prohibited. Licensed and bonded contractors may use shipping containers for temporary housing of equipment and materials during construction as authorized by a City building permit.

(Ord. No. 44-2017, § 2, 12-12-17)

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards for temporary accessory uses.

(1)

Within the Rural Residential (RR), Residential Estate (RE), Single-Family Low Density (R-1A), Single-Family Medium Density (R-1B), Single-Family High Density (R-1C), Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R3), Residential Manufactured Housing (RMH-1) and Residential Manufactured Housing Park (RMH-2) zoning districts, real estate sales offices:

a.

Shall be permitted provided that there is only one (1) such sales office for each subdivision or unit in the process of being developed.

b.

May be in a temporary structure within the development area for a period not to exceed one (1) year, or may be located within a model home or dwelling being offered for sale for a period not to exceed two (2) years.

c.

Shall be limited to only for the sale of dwellings within the development or project in which the sales office exist.

(a)

Districts where permitted.

(b)

Definition. "Recreation court:" An improved surface, typically concrete or asphalt, that is used for accessory outdoor recreation uses such as tennis, basketball, and other similar uses.

(c)

Standards.

(1)

Reserved.

(Ord. No. 26-2020, § 6, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Residential generator:" A standby generator is a back-up electrical system that operates automatically, providing backup electrical power to HVAC systems, security systems, and household appliances such as refrigerators, stoves, and water heaters.

(c)

Standards.

(1)

Only generators that do not exceed five (5) feet in height from finished grade to top of the generator are allowed for permanent installation within single-family residential development.

(2)

If fuel tanks over one hundred twenty-five-gallon capacity are to be used to power the generator, review and approval of the fuel tanks by the Fire Marshal in accordance with applicable NFPA regulations is required.

(3)

The location of a residential generator shall meet the following setbacks:

a.

Front: Behind the front building line.

b.

Rear: Same as rear setback for accessory structure in the zoning district as set forth in Section 28-391, Residential accessory use buildings and structures.

c.

Side: Five (5) feet and completely screened from view by an opaque wall or hedge.

d.

Side corner: Behind the side corner building line, unless completely screened from view by an opaque wall or hedge. In no event shall a permanently installed generator be placed closer than ten (10) feet to the side corner property line.

(4)

Residential generators that have been permitted prior to the effective date of this ordinance (April 9, 2019) shall be exempt from the requirements of this section.

(Ord. No. 12-2019, § 2, 4-9-19)

(a)

Districts where permitted.

(b)

Definition. "Retail sales:" As specifically permitted in Chapter 28 and shall include those business activities which customarily provide retail convenience goods. Such uses may include: Department stores, variety stores, including retail pharmacies, however, excluding cash-only pharmacies, restaurants, delicatessens, cafeteria, grocery and markets, gift shops, wearing apparel, home and auto supply, furniture and appliances, hardware, package stores, cocktail lounges, taverns, newsstands, book and stationery stores, shoe repair shops, luggage shops, bakeries and candy shops (provided that products made on the premises are sold on the premises), camera and photo supply shops, radio and television sales and services, floor coverings, sporting goods, florists, jewelers, music and piano sales and services, art shops, pawnshops, electrical and lighting, laundry and dry cleaning pickup stations, coin-operated or self-service laundry, farm and garden supplies excluding farm machinery and equipment, pet shops, and similar uses.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Security dwelling unit:" A dwelling unit associated with non-residential uses for the purposes of security.

(c)

Standards.

(1)

The use of a trailer, mobile home or residential coach requires a conditional use permit per Section 28-8.

(a)

Districts where permitted.

(b)

Definition. "Screen enclosure with screened roof:" An enclosure, at least one (1) wall of which is a common wall to the principal building, the remaining wall surface area consisting of screen mesh with no more than a thirty-two-inch splash wall. All walls, except those common to the principal building, shall provide for the free flow of air between the outside and the interior of the enclosure.

(c)

Standards.

(1)

Reserved.

(Ord. No. 25-2020, § 7, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Skateboard ramp:" An outdoor structure whether or not permanently affixed to the ground that has a semi-circular, or semi-oval shape, or more than one (1) surface and that is intended or used to permit persons on skateboards or roller skates to move continuously from one (1) side to another.

(c)

Standards for permitted accessory uses with limitations.

(1)

All skateboard ramps in excess of six (6) feet in height are prohibited within all residential districts.

(2)

Skateboard ramps less than six (6) feet in height may be permitted as an accessory structure provided a permit is obtained for the erection of said ramp and full compliance with applicable lot and building requirements, noise ordinance, and other applicable codes.

(a)

Districts where permitted.

(b)

Reserved.

(c)

Standards.

(1)

Reserved.

(a)

Districts where permitted.

(b)

Definition. "Temporary storage units:" Transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential and commercial properties. This definition does not include storage units authorized by the Florida Building Code pursuant to Section 553.73, Florida Statutes. Truck bodies, shipping containers (except as described below) and semi-trailers are prohibited.

(c)

Standards for temporary accessory uses.

(1)

Temporary storage units are permitted provided the following criteria are met:

a.

A maximum of one (1) temporary storage unit is permitted per lot with a maximum of one (1) placement permitted per year. Additional units may be placed in Special and Commercial zoning districts provided they are approved by the administrator and criteria items below are met. In the event that additional units are permitted, they will not exceed two (2) placements per year;

b.

The maximum size of the temporary storage unit is eight (8) feet wide, twenty-four (24) feet long, and nine (9) feet high;

c.

The maximum time a temporary storage unit is permitted to remain on the lot is thirty (30) consecutive days;

d.

The temporary storage unit shall not be placed in any right-of-way or easement and shall not create a sight obstruction for any vehicular or pedestrian traffic;

e.

The temporary storage unit shall not be utilized for the storage of live animals, hazardous or flammable materials, or human habitation;

f.

Advertising is prohibited on the temporary storage unit with the exception of the name and phone number of the vendor of the unit;

g.

The exterior of the temporary storage unit shall be maintained in good repair, structurally sound and sanitary. Peeling, flaking and chipped paint shall be prohibited;

h.

The applicant must affix a placard, issued at the time of permitting and clearly visible from the nearest roadway, to the temporary storage unit which provides information identifying the placement date, date of required removal, and the number to report violations to the Code Enforcement Department. Any person who violates this article shall upon conviction be punished as provided in Section 1-15, "General penalty; continuing violations." Each day the violation exists shall constitute a separate violation for the purposes of this article and shall be punishable as such and/or said violation may be processed as a code violation pursuant to F.S. Ch. 162 and the Municipal Code Enforcement Board.

i.

For storage units associated with commercial, multifamily, and office uses, the units shall not be located on required parking spaces.

j.

Stacking of temporary storage unis shall be prohibited.

(2)

Exemptions. The above regulations shall not apply to temporary storage units that are placed for construction purposes (truck bodies, shipping containers, and semi-trailers are prohibited from use as construction offices on project sites) in connection with a valid building permit or during any period of declared emergency by federal, state or local official action.

(Ord. No. 44-2017, § 3, 12-12-17; Ord. No. 26-2020, § 8, 12-8-20)

(a)

Districts where permitted.

(b)

Definition. "Temporary offices:" Transportable units designed and used for temporary offices for use on a limited duration on industrial properties. This definition does not include storage units authorized by the Florida Building Code pursuant to Section 553.73, Florida Statutes. Truck bodies, shipping containers (except as described below), mobile homes, and semi-trailers are prohibited.

(c)

Standards for temporary accessory uses.

(1)

Temporary office units are permitted as accessory to an existing building provided the following criteria are met:

a.

The minimum lot size required for the placement of temporary offices is one (1) acre.

b.

No more than two (2) temporary office units are permitted per property at any given time. The total amount of time temporary office units shall be placed on a property is six (6) months in any calendar year. The Administrator may extend the time limit for an additional two (2) months and City Council may provide additional extensions after the initial two-month extension when the temporary structure is found in compliance with this section as evidenced by review of any outstanding code enforcement actions, and an extension is submitted because the office is required for continuity of operations.

c.

At a minimum, a Class 1 site plan shall be required to be submitted and approved. For projects with an approved stormwater system, the one thousand (1,000) square feet maximum for additional stormwater facilities may be waived by the Administrator for one (1) six-month period.

d.

The temporary office shall not be placed in any right-of-way or easement and shall not create a sight obstruction for any vehicular or pedestrian traffic.

e.

The temporary office shall not be utilized as a dwelling or for the storage of live animals, hazardous or flammable materials.

f.

Each temporary office unit shall be identified by individual number or letter clearly visible from the exterior of the structure. Per Section 553.37, Florida Statutes, manufactured closed construction shall have a DBPR insignia and manufacturers data plate on the exterior of the unit.

g.

The exterior of the temporary office unit shall be maintained in good repair, structurally sound and sanitary. Peeling, flaking and chipped paint shall be prohibited.

h.

Temporary office units shall not be located on required parking spaces, stormwater facility or impede driveway access points, ADA parking bays or accessible paths. Temporary pervious parking may be approved by the Administrator during the site plan process. Structures shall be placed in a manner that maintains ingress/egress paths.

i.

No removal of trees or required landscaping shall be permitted in order to locate a temporary office.

j.

The provisions of this Code does not waive the requirements of the Florida Building Code, ADA regulations, Florida Fire Prevention Code, and NFPA standards. The provisions of the City's land development regulations are not waived except as contained in this Code section.

k.

Setbacks for temporary offices shall be governed by Section 28-393, Accessory buildings and structures.

l.

The building landscaping standards prescribed in Chapter 30, Subdivision 5, Building landscaping, shall not be required unless required by City Council.

m.

Termination. At the end of the period for which the temporary office was permitted, all temporary structures shall be removed.

n.

Any person who violates this article shall, upon conviction, be punished as provided in Section 1-15, "General penalty; continuing violations." Each day the violation exists shall constitute a separate violation for the purposes of this article and shall be punishable as such and/or said violation may be processed as a code violation pursuant to F.S. Ch. 162 and the Municipal Code Enforcement Board.

(2)

Exemptions. The above regulations shall not apply to temporary storage units that are placed for construction purposes (truck bodies, shipping containers, and semi-trailers are prohibited from use as construction offices on project sites) in connection with a valid building permit or during any period of declared emergency by federal, state or local official action.

(Ord. No. 12-2021, § 2, 6-8-21)