It is the purpose of this chapter 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. 2-91, § 8.00.00, 4-29-1991)

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

(1)

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

(2)

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in the Land Development Code.

(3)

Accessory structures shall not be located in a required buffer or landscaped area unless a variance has been granted by the town pursuant to sections 50-155—50-159.

(4)

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

(5)

Accessory structures shall be shown on any development plan with full supporting documentation as required in chapter 58 of the Land Development Code.

(Ord. No. 2-91, § 8.00.01, 4-29-1991)

(a)

Standards.

(1)

All satellite dish antenna installations beginning with the enactment of the Land Development Code shall meet the following requirements:

a.

The satellite dish antenna shall be considered a structure requiring a building permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

b.

The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electric Safety Code.

c.

The satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules and requirements.

d.

The satellite dish antenna shall be of a nonreflective surface material.

e.

The satellite dish antenna shall contain no advertising or signage of any type.

f.

The installer of any satellite dish antenna, prior to installation, shall submit detailed blueprints/drawings of the proposed satellite dish antenna installation and foundation.

g.

The satellite dish antenna installation shall be permitted to be placed in side and rear areas of the principal dwelling only.

h.

The satellite dish antenna shall be screened from view from a public right-of-way.

(2)

The following standards are for installations in single family and duplex residential dwelling units:

a.

A satellite dish antenna shall be considered an accessory structure to the principal dwelling structure and shall not constitute the principal use of the property.

b.

The satellite dish antenna installed pursuant to this subsection shall not be used for any commercial purposes. It shall only provide service to the principal dwelling structure.

c.

Satellite dish antenna installations shall be limited to one installation per residential lot.

d.

The maximum size of the satellite dish antenna, whether ground or pole-mounted, shall be limited to 12 feet in diameter.

e.

The maximum height of a ground-mounted satellite dish antenna installation shall be 15 feet.

f.

The maximum height of a pole-mounted satellite dish antenna installation shall be 13½ feet above the eaves of the roof.

g.

A satellite dish antenna shall not be permitted to be installed on the roof of any principal dwelling structure.

h.

The satellite dish antenna installation, whether ground or pole, shall be mounted at a fixed point and shall not be portable.

(b)

Nonconforming antenna. Any satellite dish antenna lawfully installed prior to the enactment of the Land Development Code shall be allowed to remain, until such time as it is replaced or moved. At the time of replacement or relocation, the provisions of the Land Development Code shall be met.

(Ord. No. 2-91, § 8.01.02, 4-29-1991)

(a)

No accessory buildings used for industrial storage of hazardous incendiary, noxious or pernicious materials shall be located within the Town.

(b)

Storage buildings, greenhouses and the like shall be permitted only in compliance with standards for distance between buildings and setbacks, if any, from property lines.

(c)

Storage and other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required setback from an abutting right-of-way.

(d)

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio and any other site design requirements applying to the principal use of the lot.

(e)

Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings or other such uses.

(Ord. No. 2-91, § 8.01.03, 4-29-1991; Ord. No. 12-18 , § 1, 12-17-2018)

(a)

Swimming pools shall be permitted only in side and rear yards unless specifically approved by the town.

(b)

Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard requirements and other building location requirements of the Land Development Code.

(c)

All pools shall be completely enclosed with an approved wall, fence or other substantial structure not less than four feet in height. The enclosure shall completely surround the pool and shall be of sufficient density to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors.

(d)

Overhead electric power lines shall conform to the standards for the National Electrical Code and National Electrical Safety Code.

(e)

Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided.

(Ord. No. 2-91, § 8.01.04, 4-29-1991)

(a)

Residential districts.

(1)

Construction of all fences shall be entirely upon the owner's property. No fence shall be permitted to obstruct visual clearance along a right-of-way.

(2)

All fences to be built shall comply with the Florida Building Code. The posts of each fence must be resistant to decay, corrosion and termite infestation. The posts must also be decay resistant or pressure-treated for strength and endurance.

(3)

Fences or hedges may be located in all front, side and rear yards. For single-family residences, maximum heights for fences in the front yard or a yard abutting a road or public right-of-way, shall be [in feet] as follows:

a.

Opaque materials: Three feet

b.

Transparent materials:* Four feet

* Those transparent materials which do not obstruct light, air and visibility.

(4)

Each fence located in the side and rear yards shall not exceed the height of eight feet.

(5)

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence or hedge that obstructs the view and exceeds two feet in height shall be located in the vision triangle.

(6)

Any fence located adjacent to the public right-of-way or private road shall be placed with the finished side facing that right-of-way.

(7)

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

(8)

All fence construction shall be of suitable materials as follows: masonry (brick, stone or substantial wall material that contributes to the identification and beauty of principal use), chain link, chain link with slatting, wood, cast iron, aluminum, plastic (all as manufactured for fencing), precast concrete and hedges (if trimmed).

(b)

Commercial and industrial districts.

(1)

Fences or hedges shall not exceed eight feet in height in front, side, or rear yards. Barbed wire is permitted only on top of a solid or chain link fence at least six feet in height. Where a commercial district is adjacent to a residential district, a fence may be constructed to a maximum height of eight feet on the property line contiguous to the commercial district. The method of measurement shall be as follows: Where a fence is located at a common property line with varying elevation, including berm(s) and sloping ground, the height shall be measured and averaged at regular intervals along the property line. The final height shall be determined by averaging the dimensions obtained from measured interval averages. The fence height includes the height of berm(s) and sloping grounds. The measured interval distances shall be eight feet.

(c)

Public agency.

(1)

A fence required for safety and protection of hazard(s) by another public agency may not be subject to height limitations in either residential districts and/or commercial and industrial districts. Approval to exceed maximum height standards may be given by the town council upon receipt of satisfactory evidence of the need to exceed height standards.

(d)

Alger-Sullivan Lumber Company Residential Historic District.

(1)

Fences located in the front yard shall be a wooden picket fence and shall not exceed four feet in height.

(2)

Each fence located in the side and rear yards shall not exceed the height of six feet.

(Ord. No. 2-91, § 8.01.05, 4-29-1991; Ord. No. 02-12 , § 1, 10-1-2012; Ord. No. 01-19 , § 1, 2-18-2019)

(a)

Metal shipping containers shall not be allowed as an accessory or storage building within the historic district.

( Ord. No. 12-18 , § 2, 12-17-2018)

(a)

Purpose. The purpose of this division is to provide for inexpensive housing units to meet the needs of older households, making housing available to elderly persons who might otherwise have difficulty finding homes. This division is also intended to protect the property values and residential character of neighborhoods where accessory apartments are located.

(b)

Standards. Accessory apartments may be allowed in single-family residential areas provided that all of the following requirements shall be met:

(1)

No more than one accessory apartment shall be permitted on any residential lot.

(2)

An accessory apartment shall not exceed 25 percent of the gross floor area of the principal structure on the lot.

(3)

The accessory apartment shall be located and designed so as not to interfere with the appearance of the principal structure as a one-family dwelling unit.

(4)

No variations, adjustments or waivers to the requirements of the Land Development Code shall be allowed in order to accommodate an accessory apartment.

(Ord. No. 2-91, § 8.02.01, 4-29-1991)

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

(1)

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.

(2)

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, other than one sign not exceeding two square feet in area.

(3)

No home occupation shall occupy more than 25 percent of the total floor area of the residence.

(4)

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.

(5)

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 interferences in any radio, telephone or television receivers off the premises or causes fluctuations in line voltage off the premises.

(6)

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

(Ord. No. 2-91, § 8.02.02, 4-29-1991)