(a)

Purpose. This Section provides standards for the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this Section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal uses and comply with the standards set forth in this Section to reduce potentially adverse impacts on surrounding lands.

(b)

General standards for all accessory uses.

(1)

An accessory use shall not be established prior to the establishment or construction of the principal use.

(2)

Outdoor storage is not permitted, unless permitted as an accessory use.

(3)

Additional off-street parking may be required for the accessory use.

(c)

Standards for specific accessory uses.

(1)

Alcohol beverage service. Any restaurant, where allowed alcohol beverage service as an accessory use in a zoning district, shall comply with the following standards:

a.

All restaurants, including carry-out, drive-in, fastfood, and specialty eating, shall comply with the standards in Chapter 6, Alcoholic Beverages, of the City Code.

b.

Alcoholic beverage sales and service shall be for on-premises consumption only.

c.

The establishment shall contain a full-service, operational kitchen used for cooking and preparing food, including a commercial refrigerator, freezer, and oven or stove with a hood, and fire suppression system.

d.

Alcoholic beverages may be sold or served only when the kitchen is open, or has closed within one hour of the establishment's closing, and prepared food is available to patrons.

e.

Any live entertainment shall occur only between the hours of 11:00 a.m. and 10:00 p.m.

(2)

Animal boarding facilities. A veterinary service office, where allowed animal boarding as an accessory use in a zoning district, shall comply with the following standards:

a.

The veterinary service office and accessory animal boarding is located no closer than 200 feet from a residential district.

b.

If abutting an existing residential use, either a fifty-foot (50') landscaped buffer or a six-foot (6') high brick or finished masonry wall with a five-foot (5') landscaped buffer shall be provided.

c.

Those parts of shelter structures in which animals are received or reclaimed/adopted, boarded (e.g., cages, pens, kennels), treated (e.g., treatment rooms, recovery rooms), or euthanized (e.g., euthanasia and dead-animal storage rooms) shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

d.

Animal boarding to be limited to domestic animals.

e.

Any animal run is fully screened to a height of six feet and set back from all property lines by at least 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. and 6:00 p.m.

f.

All animals shall be housed within the required soundproof structure between the hours of 10:00 p.m. and 8:00 a.m. with no outdoor operations during these hours.

g.

In the C-1 zoning district, the following additional standards shall apply:

i.

Shall be located on a lot adjacent to US Highway 1 (SR 5).

ii.

The site shall be a minimum of one acre.

(3)

Automated teller machines (ATM). An automated teller machine (ATM), where allowed as an accessory use in a zoning district, shall comply with the following standards:

a.

An ATM designed for walk-up use and located in the exterior wall of a building shall be designed to avoid obstructions to pedestrian movement along sidewalks or walkways.

b.

An ATM designed for drive-through use shall comply with the standards for drive-through service.

c.

In a Park or Conservation District, the ATM shall be located inside the primary building for the principal use.

(4)

Banquet and meeting centers. A banquet and meeting center, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, the banquet and meeting center shall be located inside the building for the principal use.

(5)

Beach services area: A beach service area, where allowed as an accessory use in a zoning district, to accommodations uses, restaurants, or recreation facilities, water-dependent shall comply with the following standards:

a.

Purpose. The purpose of this Section is to allow the provision of certain services on the beach to enhance the enjoyment of the beach by the public, so long as individual peace and quiet of the beach is not unreasonably disturbed, no permanent structures are placed on the beach, and providing the service does not harm the beach environment.

b.

Permit required. A commercial establishment must obtain a permit from the City before establishing a beach service area. The beach service area application shall be on a form prescribed by the Planning Director that provides written and graphic documentation demonstrating compliance with the criteria of this section, as outlined in Sec. 67.13(c)(5)c and reviewed pursuant to Sec. 64.05. The permit must be renewed annually each calendar year.

c.

Permit requirements, The following criteria for a beach service area shall be complied with at all times:

i.

Beach service areas are used to provide recreational equipment, such as surf or paddle boards, float devices, and other similar recreational equipment, or beach furniture, such as beach chairs, tables, tents, beach cabanas, and other beach furniture as a service to hotel or motel patrons or as rental to visitors of a hotel, motel, restaurant or recreational facility.

ii.

No permanent structures, including electrical or water service, shall be constructed on the beach, as part of the beach service area.

iii.

All signs shall require a sign permit and comply with Chapter 38, Article I, Signs.

iv.

Temporary tents or canopies, with a maximum square footage of 100 square feet, are permitted in the beach service area.

v.

Small recreational fire pits are permitted with a permit from the Fire Marshall.

vi.

All recreational equipment and beach furniture shall be removed from the beach at time of closing each day and stored off the beach in enclosed structure.

vii.

No glass containers, plates, serving dishes, or other glassware shall be used.

viii.

All trash or other debris shall be removed and properly disposed of daily.

ix.

No loud music or other objectionable noise or amplification is permitted.

x.

No motorized watercraft is permitted.

xi.

During turtle season, March 1st through October 31st, beach service area equipment shall not be placed in a marked sea turtle nest and any holes from beach service area equipment that can trap or disorient sea turtles shall be filled to limit disruption to turtle nesting activity.

d.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to another person through sale, leasing or rental of the premises on which the beach service area is located. A beach service area permit shall only be used by the applicant at the premises for which it was granted.

e.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. If it is determined by the Planning Director that an existing beach service area has grown in intensity to a point where it is no longer in compliance with the permit requirements of this Section, then the beach service permit shall not be renewed and the beach service area shall cease.

(6)

Business offices (as accessory to a multifamily complex or commercial use). A business office, where allowed as an accessory use in a zoning district, to a multifamily dwelling complex, group living, or commercial use subject to no mobile/manufactured home, trailer, or other vehicle is utilized as a permanent office space.

(7)

Commercial docking facilities. A commercial docking facility, where allowed as an accessory use in a zoning district to a commercial use, the renting of docks, dock space, or boat slips is permitted subject to an approved code compliance certification or approved site plan application.

(8)

Clubhouses. A clubhouse, where allowed as an accessory use in a zoning district, to a private club, residential dwelling development (multi-family complex or single family subdivision), or group living facilities shall comply with the following standards:

a.

Food and alcoholic beverages may only be sold to members and their guests, and patrons actually using the social club facilities.

b.

A clubhouse accessory to a residential dwelling development, such as a single family residential subdivision, single family attached residential platted over subdivision, or multi-family residential development, shall be proposed, reviewed, and developed in conjunction with the site plan or subdivision.

(9)

Dog-friendly dining areas. A dog-friendly dining area, where allowed as an accessory use in a zoning district, to a restaurant use shall comply with the following standards:

a.

Purpose: The purpose of this Section is to provide an exemption procedure to certain provisions of the Food and Drug Administration Food Code, as adopted by the Florida Division of Hotels and Restaurants, to allow patrons' dogs within designated outdoor portions of public food service establishments, in accordance with F.S. (2011) § 509.233.

b.

Definitions: As used in this Section, the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning:

i.

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

ii.

Dog means an animal of the subspecies Canis lupus familiaris.

iii.

Outdoor dining area or portion means an area not enclosed in a building and which is intended or used as an accessory area to a restaurant or public food service establishment which provides food and/or drink to patrons for consumption in such area.

iv.

Patron means any guest or customer of a public food service establishment.

v.

Premises means all of the area encompassing a public food service establishment.

vi.

Program means the dog-friendly dining program established by this Section.

vii.

Public food service establishment and food service establishment mean any building, vehicle, place, or structure, or any room, division, or area in or adjacent to a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.

c.

Permit required. No dog shall be allowed in a public food service establishment except as authorized by State and local law. A public food service establishment must obtain a permit from the City before allowing dogs in designated outdoor dining areas of the establishment, and the permit must be renewed annually concurrent with payment of the business tax. The permit application on a form prescribed by the Planning Director and must include the following information:

i.

Name, mailing address, and telephone number of applicant.

ii.

Name, location, mailing address, and Florida Division of Hotels and Restaurants-issued license number of the public food service establishment.

iii.

Days of the week and hours of operation that the patrons' dogs will be permitted in the designated outdoor area.

iv.

An accurate and to scale diagram of the outdoor area to be designated as available to patrons' dogs that includes the following information:

(a)

Dimensions;

(b)

The number and placement of tables, chairs, and restaurant equipment;

(c)

Entryways and exits to the designated outdoor area;

(d)

Boundaries of the designated area and excluded areas;

(e)

Any fences or barriers; and

(f)

Surrounding property lines, public rights-of-way, sidewalks, paths, etc.

d.

Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Planning Director in accordance with the following:

i.

Application fees. The City Council shall establish application fees by resolution and may amend and update those fees as determined necessary.

ii.

No permit shall be issued for any outdoor area which has not been authorized as an outdoor seating areas by a Code Compliance Certification or Site Plan approval and is in compliance with all applicable criteria of the City's LDR and regulations of the Division.

iii.

For permits authorizing the program within the outdoor areas of a food service establishment located on any right-of-way or other property of the City or any other governmental entity, the Planning Director shall require the applicant to produce evidence of the following:

(a)

A valid right-of-way, sidewalk, or other permit, license, or lease showing the food service establishment has the right to occupy and use the area; and

(b)

A properly executed insurance endorsement providing commercial general liability insurance coverage in an amount no less than $500,000.00 per occurrence and $1,000,000.00 aggregate. The policy shall not have any exclusion for animals or animal bites. All insurance shall be from companies duly authorized to do business in the State of Florida. All liability policies shall be endorsed to provide that the City or any other appropriate governmental entity is an additional insured as to the operation of the outdoor dining area on such government property.

e.

Requirements. A public food service establishment that allows dogs within a designated outdoor dining area shall comply with the following requirements:

i.

All food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog.

ii.

Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the food service establishment.

iii.

Patrons in the designated outdoor dining area shall be advised by appropriate signage at conspicuous locations that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

iv.

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

v.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Patrons shall not leave their dogs unattended for any period of time.

vi.

Dogs shall not be allowed on chairs, tables, or other furnishings.

vii.

No food service shall be provided to dogs.

viii.

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

ix.

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons.

x.

Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Dog waste shall not be washed into the storm drain. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor dining area.

xi.

A sign or signs informing employees and patrons of these regulations shall be posted on the premises in a conspicuous manner and place as determined by the Planning Director.

xii.

A sign or signs shall be posted in a manner and place as determined by the Planning Director notifying the public that the designated outdoor dining area is available for the use of patrons and patrons' dogs.

xiii.

Dogs shall not be permitted to travel through indoor or non-designated outdoor portions of the food service establishment, and ingress and egress to the designated outdoor portions of the food service establishment must not require entrance into or passage through any indoor area of the food service establishment.

f.

The permit issued under this Section shall be conspicuously displayed in the designated outdoor area and presented for inspection upon request of any Code Enforcement Officer or other official of the City or the Division.

g.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. In addition, all complaints and the responses to the complaints shall be reported to the Florida Division of Hotels and Restaurants as provided in F.S. (2011) § 509.233(5).

h.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment and automatically expires upon such sale or transfer.

i.

License number. A copy of all approved applications and permits issued shall be provided to the Florida Division of Hotels and Restaurants and all applications, permits, and other related materials shall contain the appropriate division-issued license number for each public food service establishment.

(10)

Drive-through services. A drive-through service, where permitted as an accessory use in a zoning district, to a general retail sales and service use, fastfood restaurant, or financial institution, the drive-through service shall comply with the following standards:

a.

Drive-through service facilities shall be located at least 100 feet from any residential zoning district.

b.

Drive-through service facilities shall be designed with a sufficient number of vehicular stacking spaces, approved by the City Engineer, and to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

c.

A bypass lane at least ten feet wide shall also be provided.

d.

The drive-through service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

(11)

Family daycare homes. A family daycare home is allowed as an accessory use to a single-family dwelling, attached or detached provided it complies with all applicable State regulations.

(12)

Fuel distribution facilities. Fuel distribution, including gasoline and diesel pumps, oil, and bottle gas distribution, where allowed as an accessory use in a zoning district, to general retail sales and services uses, such as convenience stores, grocery stores, and discount stores.

(13)

Home-based businesses. A home-based business, where allowed as an accessory use in a zoning district, to any residential dwelling type shall comply with the following standards:

a.

Purpose. The purpose of this Section is to ensure a home-based business conducted within any residential dwelling unit is a small and unobtrusive business that is clearly incidental and secondary to the principal residential use and is consistent and compatible with maintaining the quiet, low traffic character of a residential neighborhood. The standards provided in this Section are to be enforced in a manner consistent with the intent of F.S. 559.955.

b.

Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Planning Director in accordance with the following:

i.

The permit application shall be on a form prescribed by the Planning Director.

ii.

Application fees. The City Council shall establish application fees by resolution and may amend and update those fees as determined necessary.

iii.

Any application for home occupation permit must be signed by the property owner.

iv.

The applicant provides written and graphic documentation demonstrating compliance with the criteria of this Section, as outlined in (c), below.

v.

An application for a home-based business shall be reviewed by the Planning Director. If the application for the home-based business does not comply with the criteria of this Section and the intent F.S. 559.955, the home-based business application shall be denied.

c.

Permit requirements. The following criteria for a home-based business shall be complied with at all times:

i.

Any employee of the home-based business working at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors not residing at the residential dwelling may work at the home-based business. The home-based business may have additional remote employees that do not work at the residential dwelling.

ii.

No dwelling may be used for assembling employees for instruction or other purposes such as being dispatched to other locations.

iii.

All activities of the home-based business shall be conducted from within the principal dwelling on a property and shall not exceed the lesser of 20 percent of the total floor area of the principal dwelling or 300 square feet, including storage areas.

iv.

There shall be no outdoor storage of business equipment, materials, or merchandise.

v.

No sign is displayed which would be visible from a street or adjacent residential properties.

vi.

No commercial or heavy vehicle shall be parked or located on the premises.

vii.

No use, equipment, material or process shall be used which is hazardous to public health, safety, or welfare of the surrounding residential uses.

viii.

No uses, process, material or equipment shall be permitted which emits offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, glare or other objectionable effects. Further, no equipment or process shall be used that creates visual or audible interference with off-premises audio/visual equipment or causes fluctuation in line voltage off the premises.

ix.

No home occupation shall displace or impede the use of parking spaces required for the principal residential use.

x.

Customers, clients and/or deliveries pertaining to the home occupation shall not be permitted. Any materials required to accomplish the home occupation shall be obtained by the owner off-site and brought to the site by the owner. Any finished products completed on a site shall be delivered by the owner to their intended recipient.

d.

Non-transferable. A permit issued pursuant to this Section shall not be transferred to another person through sale, leasing or rental of the premises on which the home-based business is located; except that, in the case of the applicant's death, the surviving spouse or child residing at the premises may continue the home-based business; written notice shall be given to the City and, if in compliance with this Section, the permit shall be transferred. A home-based business permit shall only be used by the applicant at the premises for which it was granted.

e.

Complaints. Violations of any provision of this Section shall be enforced as provided in Chapter 60, Article II, Enforcement Provisions of the Land Development Regulations. If it is determined by the Planning Director that an existing home-based business has grown in intensity to a point where it is no longer in compliance with the permit requirements of this Section, then the home-based business permit shall not be renewed and the home-based business shall cease.

(14)

Outdoor broadcast production areas. Outdoor broadcast production areas, where permitted as an accessory use in a zoning district, to a broadcast studio, shall comply with the following standards:

a.

The outdoor broadcast production area shall be used primarily for the creation of musical performances, radio or television programs, or motion pictures or other related broadcast studio activities, with or without live audiences.

b.

The outdoor broadcast production area shall not be located in any required landscaped areas, or parking or vehicular circulation area.

c.

The outdoor broadcast production area will not result in unreasonable and disruptive impacts on adjacent properties, in terms of noncompliance with Chapter 38, Article III, Noise Control, of the City Code, odor, traffic with live audience events without sufficient parking on-site, debris and trash, the hours of operation, changes in traffic circulation patterns, interference with navigation signals or radio communication between the Airport and aircraft pursuant to Chapter 68, Airport Zoning or other relevant disruptive factors.

(15)

Outdoor motor vehicle servicing, repair or storage areas. Outdoor motor vehicle servicing, repair, or storage area, where permitted as an accessory use in a zoning district, to a motor vehicle use, shall comply with the following standards:

a.

The total area of outdoor motor vehicle servicing, repair, or storage area shall not exceed 25 percent of the lot.

b.

Outdoor motor vehicle servicing, repair, or storage area shall be located to the side or rear of the principal building.

c.

Outdoor storage area shall not be located in any front yard.

d.

No motor vehicles or equipment shall be stored in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

e.

Motor vehicles or equipment stored in an outdoor motor vehicle servicing, repair, or storage area intended shall be used in conjunction with the principal use.

f.

The outdoor motor vehicle servicing, repair, or storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet high. Screening walls shall complement the design of the primary structure and incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials shall not be stored higher than the height of the screening.

g.

The outdoor motor vehicle servicing, repair, or storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

h.

If the outdoor motor vehicle servicing, repair, or storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

i.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(16)

Outdoor motor vehicle, watercraft, or equipment display areas. Outdoor motor vehicle or equipment display area, where permitted as an accessory use in a zoning district, to a motor vehicle sales or watercraft sales, shall comply with the following standards:

a.

No motor vehicles, watercraft, or equipment intended for sale shall be stored or displayed in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

b.

Motor vehicles, watercraft, or equipment displayed shall be in conjunction with the principal use.

c.

The outdoor motor vehicle, watercraft, or equipment display area shall provide property and building perimeter landscaping areas in compliance with Chapter 72, Article II, Landscaping.

d.

The outdoor motor vehicle, watercraft, or equipment display area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

(17)

Outdoor retail display areas. Outdoor retail display, where allowed as an accessory in a zoning district, to any retail and sales establishment, shall comply with the following standards:

a.

Products displayed in an outdoor retail display area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use.

b.

Outdoor retail display areas located in the front of the principal building, provided:

i.

Retail display area shall be under a roof.

ii.

Retail display area shall not encroach into the required front or side yard, required landscaped areas, vehicle parking spaces, or vehicular or pedestrian circulation areas.

c.

Outdoor retail display areas, such as an outdoor garden center, located to the side or rear of the principal building, provided:

i.

The total area of outdoor retail display area shall not exceed 25 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.

ii.

Outdoor storage area shall not be located in any required yard.

iii.

The outdoor display area shall be incorporated into the overall design of the principal structure on the site and may include a fence, except a chainlink fence shall not be used for outdoor display areas visible to right-of-way.

iv.

The outdoor display area shall be properly graded for drainage and incorporate textured surface treatment using durable materials, brick pavers, or other materials in accordance with accepted industry standards and approved by the City Engineer.

v.

If the outdoor display area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

vi.

The outdoor display area shall be screened from an adjoining residential zoning district by a privacy fence or masonry wall that is at least six feet high.

(18)

Outdoor seating areas. Outdoor seating, where allowed as an accessory in a zoning district, to any restaurant establishment, shall comply with the following standards:

a.

The outdoor seating area is permitted in any required yard.

b.

The outdoor seating area shall be properly graded for drainage and incorporate textured surface treatment using durable materials, brick pavers, or other materials in accordance with accepted industry standards and approved by the City Engineer. The outdoor seating area may include umbrella tables and open-walled shade structures with roof constructed of soft flameproof materials such as canvas intended to provide customers with protection from sun and rain.

c.

The outdoor seating area shall be screened from an adjoining residential zoning district by a privacy fence or masonry wall that is at least six feet high.

d.

Where alcoholic beverages are served, the perimeter of the outdoor seating area shall be defined in accordance with State alcoholic beverage regulations.

e.

Hours of operation of the outdoor seating area shall be the same as those for the principal use, such as the restaurant. The outdoor seating area shall be closed between the hours of 10 p.m. and 7:00 a.m.

f.

No sound production or reproduction machine or device (including, but not limited to, musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that is any louder than necessary for the convenient hearing of persons within the outdoor seating area, and that would disturb the peace, quiet, or comfort of adjoining properties.

(19)

Outdoor storage areas. Outdoor storage, where permitted as an accessory use in a zoning district, to any industrial use (except where such accessory use is expressly prohibited by district standards or the principal use standards), shall comply with the following standards:

a.

The total area of outdoor storage areas shall not exceed 25 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.

b.

Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site, and shall be located to the side or rear of the principal structure.

c.

Outdoor storage area shall not be located in any front yard.

d.

The outdoor storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

e.

No materials may be stored in those parts of an outdoor storage area intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

f.

Products stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use and any equipment stored in the outdoor storage area shall be used in conjunction with the principal use.

g.

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet high. Screening walls shall complement the design of the primary structure and incorporate at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials shall not be stored higher than the height of the screening.

h.

If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

i.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(20)

Outdoor watercraft servicing, repair or storage areas. Outdoor watercraft servicing, repair, or storage area, where permitted as an accessory use in a zoning district, to a marina, water-dependent recreation or watercraft servicing use, shall comply with the following standards:

a.

The outdoor watercraft vehicle servicing, repair, or storage area shall be properly graded for drainage; surfaced with durable materials in accordance with accepted industry standards approved by the City Engineer; and maintained in good condition free of weeds, dust, trash, and debris. The City Engineer may approve the use of permeable surfaces that comply with sound engineering practices for storage areas subject to the following conditions:

i.

The permeable surface areas shall be designed by a professional engineer licensed in the State of Florida, who shall submit in the site plan application sealed construction drawings and other information, such as sub-surface soil testing, required by the City Engineer to demonstrate compliance with this subsection and stormwater management provisions of this part.

ii.

The permeable surface areas shall be designed to accepted industry and manufacturer's standards and specifications.

iii.

The permeable pavement shall be maintained by the property owner pursuant to a continuing maintenance program approved by the City Engineer.

b

Watercraft, watercraft trailers, materials, or equipment stored in an outdoor watercraft servicing, repair, or storage area shall be used in conjunction with the principal use.

c.

No watercraft, watercraft trailers, materials or equipment shall be stored in those parts of the site intended for vehicular parking or vehicular or pedestrian circulation designated by the approved site plan.

d.

In industrial districts, the outdoor watercraft servicing, repair or storage areas shall comply with the following standards:

i.

The total area of outdoor watercraft servicing, repair, or storage area shall not exceed 25 percent of the lot.

ii.

Outdoor watercraft vehicle servicing, repair, or storage area shall be located to the side or rear of the principal building.

iii.

Outdoor storage area shall not be located in any front yard.

iv.

The outdoor watercraft servicing, repair, or storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, and landscaped hedge that is at least six feet in height. Screening walls shall complement the design of the primary structure and incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials or equipment shall not be stored higher than the height of the screening.

v.

If the outdoor watercraft servicing, repair, or storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

vi.

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

e.

In marina districts, the outdoor watercraft servicing, repair or storage areas shall comply with the following standards:

i.

Outdoor storage areas shall not be located in any required front yard.

ii.

Outdoor storage areas may be used for the following:

a.

Storage of watercraft with or without a trailer for sale or rent;

b.

Storage of watercraft trailers without watercraft for sale, rent or repair; or

c.

Storage of commercial watercraft for repair.

iii.

Outdoor storage areas located on a site within 150 feet of a residential zoned parcel shall be screened from view from adjacent property lines and rights-of-way by any combination of opaque ornamental fence, wall, or landscape hedge that is at least six feet in height.

iv.

Small watercraft may be stored in storage racks of no more than ten (10) feet in height as measured from finished grade to the top of the structure without the required screening.

v.

Flammable liquids or gases shall be stored underground.

f.

In the Three Corners Waterfront Districts, the outdoor watercraft storage areas shall comply with the following standards:

i.

Outdoor storage areas shall only be located under the 17 ^th Street Bridge with an approved lease from FDOT.

ii.

Outdoor storage areas shall only be used for storage of small watercraft.

iii.

Outdoor storage areas shall be surrounded by an ornamental fence at least six feet in height.

iv.

Storage of flammable liquids or gases is not permitted.

(21)

Produce stands. A produce stand, where allowed as an accessory use in zoning district, shall comply with the following standards:

a.

Shall not exceed the lesser of 500 square feet in area or ten percent of the lot area.

b.

Shall not be more than 15 feet in height.

c.

Shall be located under a roof or canopy.

d.

Shall be located on a site adjacent to an urban principal or minor arterial roadways.

e.

Shall be located where adequate ingress, egress, and off-street parking facilities are provided.

f.

Be limited to the retail sale of agricultural products.

g.

Shall meet the regulations of the State Department of Health.

h.

Any signs shall be subject to the sign standards in Chapter 38, Article I, Signs.

(22)

Restaurants. A restaurant, including specialty eating, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, the restaurant or specialty eating establishment shall be a maximum of 2,500 square feet of floor area and be an accessory use to a museum, performance theater, active recreation park, or recreation facility.

(23)

Retail sales and service, restricted. A restricted retail sales and service establishment, where allowed as an accessory use in a zoning district, to an accommodation, recreational, institutional, or public assembly use shall comply with the following standards:

a.

In a Park or Conservation District, only pro shops or gift shops are allowed as accessory uses.

b.

In a Park or Conservation District, a pro shop shall be a maximum of 1,500 square feet of floor area and be an accessory use to a recreation facility or social club.

c.

In a Park or Conservation District, a gift shop shall be a maximum of 1,500 square feet of floor area and be an accessory use to a museum or performance theater.

(24)

Rooftop decks or patios. A rooftop deck or patio, where permitted as an accessory use in a zoning district, shall comply with the following standards:

a.

Residential dwellings, where permitted, may use rooftop decks or patios for accessory decks, patios, swimming pools or saunas, or associated uses.

b.

Restaurants or hotels, where permitted in commercial or mixed use districts, may use rooftop decks or patios for accessory outdoor seating areas or bars. The use shall comply with the following standards:

i.

The outdoor seating area shall be screened from an adjoining residential zoning district by a privacy fence or masonry wall that is at least six feet high.

ii.

Where alcoholic beverages are served, the perimeter of the outdoor seating area shall be defined in accordance with State alcoholic beverage regulations.

iii.

Hours of operation of the outdoor seating area shall be the same as those for the principal use, such as the restaurant. The outdoor seating area shall be closed between the hours of 10 p.m. and 7:00 a.m.

iv.

Any sound production or reproduction machine or device (including, but not limited to, musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume in conformance with the City's Noise Ordinance in Chapter 38, Article III of the City Code.

c.

The use shall comply with the building height measurement standards in Sec. 60.28.

i.

For rooftop decks or patios located below the building height limit for the district, the following standards apply:

1.

The finish floor of the rooftop deck shall be located a minimum of eight (8) feet below the ending point or maximum building height for the district.

2.

Any enclosed building floor area, as part of the rooftop decks or patios, shall comply with the maximum floor area ratio (FAR) for the district.

ii.

For rooftop decks or patios located above the building height limit and within the building embellishment area for the district, the following standards apply:

1.

The habitable space for the rooftop decks or patios may be located above the ending point or maximum building height for the district and within the architectural embellishment area for the structure.

2.

The finish floor of the rooftop decks shall not be above the maximum building height or ending point for the district.

3.

The rooftop decks or patios may have additional enclosed building floor area in the architectural embellishment area with an additional maximum building height of 10 feet for rooftop access, elevator and stair landing lobbies, restrooms, kitchens, or covered customer service area. The additional rooftop enclosed floor area shall not exceed 1,000 sf.

4.

In the Three Corners Waterfront District, the rooftop decks or patios may be located on an existing structure exceeding the maximum building height for the district.

(Ord. No. 2023-17, §§ 6, 7, 9-26-2023; Ord. No. 2025-08, § 13, 14, 8-12-2025)