- SUPPLEMENTARY HEIGHT, BULK AND YARD REGULATIONS4
Editor's note—Ord. No. 2020-005, § 3, adopted May 26, 2020, amended Article 45 in its entirety to read as herein set out. Former Article 45, §§ 045-010—045-110, pertained to similar subject matter and derived from Ord. No. 860, adopted January 11, 2005 and Ord. No. 993, adopted December 13, 2011.
The regulations set forth in this Article qualify or supplement the district regulations appearing elsewhere in the ULDR.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
The following freestanding structures, and structural elements of buildings not exceeding thirty (30) percent of roof area, where applicable, may exceed the permissible height limit in any district by not more than twenty-five (25) percent, unless otherwise provided:
(1)
Belfries.
(2)
Chimneys.
(3)
Cooling towers and condensers.
(4)
Elevator bulkheads.
(5)
Fire department training towers.
(6)
Flagpoles.
(7)
Cupolas, spires and similar ornamental rooftop structures.
(8)
Radio and television towers shall not exceed one hundred twenty-five (125) feet in height. The height of telecommunication towers is regulated by Article 55, Telecommunication Towers.
(9)
Stage towers or scenery lofts for auditoriums.
(10
Rooftop tanks.
(11
Water towers.
(12)
Parapet walls may exceed the allowable height limit by no more than five (5) feet unless specified otherwise elsewhere in the ULDR.
(13)
Roof-top satellite dish antennae may exceed the allowable height limit of nonresidential structures by not more than four (4) feet.
(B)
All equipment, including but not limited to tanks, condensers and satellite dish antennae, installed on the roof of a structure shall be screened by an architectural building element to reduce any noise and to block from view such equipment from adjacent properties or rights-of-way. The elevation of the screening device shall be not less than the elevation of the roof equipment unless the applicant provides a line-of-site study justifying a lower screening device or alternate method of screening.
(C)
Notwithstanding other provisions of these regulations, the height of all structures shall be limited by the requirements of the Federal Aviation Administration.
(D)
Rooftop solar photovoltaic or solar water heater systems may exceed the permissible height limit in any district by not more than five (5) feet. Rooftop solar photovoltaic or solar water heater systems are not required to be screened.
(E)
The structural components of a green roof (non-vegetative components) may exceed the permissible height limit in any district by not more than five (5) feet. The external perimeters of green roof systems are required to be aesthetically compatible with the building exterior and the screening may be required and will be determined on a case by case basis by the Director of Community Development Services or designee.
(F)
The top of a wind turbine may exceed the permissible height limit in any district by not more than four (4) feet. Wind turbines are not required to be screened. Wind turbines exceeding this height will require an approval through the variance process established in Article 120.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
Yard measurement from ultimate right-of-way. Where the Comprehensive Plan designates an ultimate right-of-way line for the future widening or establishment of a street upon which a lot abuts, then the depth of any abutting yard shall be measured from such official line to the building line.
(B)
Allowable yard encroachments. Every part of a required yard shall be open to the sky, except as follows, and as otherwise permitted within the ULDR:
(1)
Sills, belt courses, roof overhangs, roof gutters, air conditioning compressors, chimneys, cornices, cantilevers, green walls and ornamental features may project into a required yard a distance not to exceed thirty-six (36) inches.
(2)
Movable awnings attached to, and supported by, a building wall may be placed over doors or windows in any required yard, but such awnings shall not project closer than three (3) feet to any lot line unless specified otherwise elsewhere in the ULDR.
(3)
A canopy shall be permitted to extend from the entrance door to the street line of any main building in a multi-family residential or business district. Where a sidewalk and curb exist, the canopy may extend to within eighteen (18) inches of the curb line. Such canopies shall not exceed twelve (12) feet in width or ten (10) feet in height or be screened, or enclosed in any manner and shall provide an unobstructed, clear space between the finished grade and the bottom of the valance of at least seven and six-tenths (7.6) feet unless specified otherwise elsewhere in the ULDR.
(4)
Open, unenclosed platforms, as defined in the Florida Building Code, as amended, not covered by a roof or canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required front or side yard not more than four (4) feet.
(5)
Fences, walls and hedges as provided in Section 045-040, below.
(Ord. No. 2020-005, § 3, 5-26-20; Ord. No. 2024-013, § 2, 8-26-25)
(A)
Location and height requirements for fences, walls, and hedges. Fences and walls constructed or hedges planted within required yards shall not exceed the specified height provided herein, and where there are no required yards for a given zoning district and use, the height limits herein shall be absolute (refer to Section 010-030, Terms defined, Yards and Finished grade (Grade, finished). Hedges required to be installed shall be in accordance with Article 150, as amended from time to time.
(B)
Additionally, all fences, walls and hedges on corner lots abutting the intersection of two (2) streets shall comply with the site distance clearance requirements of Section 155-070, Clear site triangles, and the placement requirements of Section 150-030, Perimeter landscape and buffer requirements, where landscape buffers are required along a property line.
(C)
Residential zoning or use:
(1)
Fences and walls: Six (6) feet in required rear and side yards, and four (4) feet in required front yards, except as provided in number (3), (5) and (6) below, and subsection (G) and (J). A distance of at least eight (8) feet shall be provided between any fence or wall and the edge of pavement abutting a right-of-way.
(2)
Hedges: no height limit except as provided in number (4) and (5), below.
(3)
Fences and walls may be erected to eight (8) feet in height along interior residential property lines abutting commercial, mixed-use or industrial zoning or uses.
(4)
Hedges shall be regularly trimmed and maintained by the property owner such that the hedge causes no property damage to abutting properties and does not present a public safety hazard. Maintenance shall include removal of low hanging branches next to sidewalks, walkways and right-of-way, and removal of root systems which are likely to destroy public or private property. A distance of at least eight (8) feet shall be provided between any hedge and the edge of pavement abutting a right-of-way.
(5)
Lots located on canals and waterways shall provide a clear site triangle in accordance with Section 155-070 when fences, walls, and hedges are located in required front, side, and rear yards.
(6)
The fence or wall height, on the property that is elevated to comply with Federal Emergency Management Agency (FEMA) floodplain requirements and Section 9-55 of the City's Code of Ordinances, shall be installed at a height of six (6) feet above highest finished grade within the subject property. The six (6) foot high above highest finished grade fence or wall shall be located within the subject property. If the property that is elevated installed a retaining wall, the fence or wall shall be installed screening the retaining wall from view of the adjacent and abutting properties. A six (6) foot high above highest finished grade fence or wall shall be required to be installed at all property lines that are elevated due to FEMA regulations and Section 9-55 of the City's Code of Ordinances. The fence or wall at a height of six (6) feet above highest finished grade shall not extend into the front yard setback.
(7)
The fence or wall height, when adjacent to a property that is elevated and/or adjacent to a vacant lot that shall be required to be elevated to comply with FEMA floodplain requirements and Section 9-55 of the City's Code of Ordinances, shall not exceed a finished grade of eight (8) feet in height. The finished grade fence or wall height of eight (8) feet shall only be permitted adjacent to the property line where the adjacent property is elevated and/or adjacent to a vacant lot that shall be required to be elevated to comply with FEMA floodplain requirements and Section 9-55 of City's Code of Ordinances. The finished grade fence or wall height of eight (8) feet shall not extend into the front yard setback.
(D)
Commercial zoning or use:
(1)
Fences, walls and hedges shall not exceed six (6) feet in required rear and side yards, except that eight (8) feet is permitted adjacent to a parcel that has a residential zoning or use and three (3) feet within the required front yard.
(E)
Industrial zoning or use: Fences, walls and hedges shall not exceed eight (8) feet maximum height.
(F)
Compliance with height requirements for new walls and fences shall be determined by the Community Development Services Director or designee upon approval of the final building permit inspection.
(G)
Swimming pools and excavations: Enclosure shall be required pursuant to Section 045-060.
(H)
Wooden fences or any other type of fence with one finished side: Shall be erected in a manner that faces the finished side towards the adjacent property or public right-of-way, except when a new fence directly abuts an existing wall or fence preventing access. When a fence is located in a manner where both sides are visible from a right-of-way, both sides of the fence shall be finished.
(I)
Chain link fences: No new chain link fences are permitted within properties with residential zoning or use. Legally permitted chain link fences shall be permitted to be repaired.
(J)
If a property is situated on the corner of two (2) streets, the street frontage adjacent to the rear or side yard may allow a six-foot maximum fence height at property line with the following conditions: a) The property owner may choose which setback to reduce, subject to approval by the Community Development Services Director; and b) A three-foot landscape buffer consisting of appropriate hedge type material per Section 150-180 must be provided in front of the fence.
(K)
Duplex units which are perpendicular to the street and having side entrances may allow six-foot maximum fence height in required front yards with appropriate landscaping per Section 150-180 in order to create a separate yard for the front unit. A distance of at least eight (8) feet shall be provided between any fence or wall and the edge of pavement abutting a right-of-way.
(L)
If a property has more than one front yard, and is not situated on a corner, one street frontage may allow a six-foot maximum fence height at property line with the following conditions: a) The property owner may choose which setback to reduce, subject to approval by the Community Development Services Director; and b) A three-foot landscape buffer consisting of appropriate hedge type material per Section 150-180 must be provided in front of the fence.
(M)
Mixed-use zoning or use: Fences, walls, and hedges shall be erected within mixed-use development consistent with regulations based on the use adjacent to the proposed fence, wall, or hedge.
(N)
Where security and safety concerns exist or are reasonably foreseeable, the Chief of Police shall evaluate the necessity of enhanced perimeter protection measures, consistent with Crime Prevention Through Environmental Design (CPTED) principles, including up to an eight (8) foot high fence or wall, on a case-by-case basis. The Chief of Police shall outline the security and safety issues when making the recommendation to the Community Development Services Director.
In situations where the Chief of Police determines that a standard six (6) foot fence or wall height is insufficient to address documented or anticipated threats to public safety or property security, the Chief of Police shall submit a written recommendation to the Community Development Services Director recommending the installation of a fence or wall up to eight (8) feet in height. The recommendation shall include:
1.
A description of the location and nature of the safety or security concern;
2.
An assessment of potential risks to people or property;
3.
Justification for the proposed fence height as a necessary deterrent or barrier; and
4.
Any supporting data, incident reports, or relevant law enforcement findings.
The Community Development Services Director shall evaluate the security and safety issues as outlined by the Chief of Police when determining if the fence or wall up to eight (8) feet in height is approved. If the recommendation from the Chief of Police does not provide documentation addressing subsections 1 through 4, the Community Development Services Director shall deny the request.
A property owner who is requesting an increase in the fence or wall height based on subsection (N), shall submit a building permit in addition to a safety report conducted by the Police Department to the Community Development Services Department. A fence or wall, up to eight (8) feet pursuant to subsection (N), shall not be permitted adjacent to or abutting a canal or waterway.
(Ord. No. 2020-005, § 3, 5-26-20; Ord. No. 2024-013, § 2, 8-26-25)
(A)
The use of barbed wire shall be prohibited in all residential districts within the City.
(B)
The use of barbed wire in all commercial districts shall be permitted only as a conditional use.
(C)
The use of barbed wire in all industrial districts shall be permitted without the need for conditional use approval.
(D)
Barbed wire shall not exceed the maximum permitted height of any fence.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
The following setbacks shall apply to accessory swimming pools, decks, and screen enclosures:
*Setback measurement is to the water's edge for pools; edge of deck for decking; edge of screen enclosure for screen enclosures; and edge of overhang for roofed enclosures.
(B)
It shall be the duty of the property owner and any person in possession of a residential dwelling unit in the City to erect a permanent barrier meeting the minimum standards of Subsection 424.2.17 of the Florida Building Code, as may be amended, around a pool. The City shall apply these same requirements to any open well, cistern, other waterbody or dangerous excavations thereon. The barrier shall, at a minimum, be four (4) feet in height as measured on the side facing away from the pool, waterbody or excavation, with a self-closing, self-latching gate operable only from the interior of the fenced area. A walk space at least eighteen (18) inches wide shall be provided between a pool and any walls, fences or screen enclosure.
(C)
Proof that engineering requirements have been met must be submitted at the time of application for the building permit for an accessory swimming pool.
(Ord. No. 2020-005, § 3, 5-26-20)
Utility sheds may occupy a required rear yard only, provided they are not located closer than five (5) feet to a rear lot line. No more than one utility shed shall be constructed upon any lot. When the property on which a utility shed is to be constructed abuts a canal or waterway, no utility shed shall be permitted in the required yard adjacent to any seawall or canal.
(Ord. No. 2020-005, § 3, 5-26-20)
All lots must front on a street that meets City construction standards.
(Ord. No. 2020-005, § 3, 5-26-20)
No freestanding sign shall exceed the maximum signage areas prescribed within Article 145.
(Ord. No. 2020-003, § 3, 9-22-20; Ord. No. 2020-005, § 3, 5-26-20)
Editor's note— Ord. No. 2020-005, § adopted May 26, 2020, mistakingly marked Section 045-090 for deletion, by City direction and at the editor's discretion Section 045-090 as amended by Ord. No. 2020-003, § 3, adopted September 22, 2020 was renumbered as Section 045-085.
The minimum yards, parking space, pervious area, open space, lot area, or other space required by these regulations for each and every building and use existing at the time of the passage of these regulations or amendments hereto, or for any building hereafter erected, shall not be encroached upon or considered as required yard, parking space, pervious area, open space, lot area, or other space for any other building or use, except as hereinafter provided, nor shall any such spaces be reduced below the requirements of these regulations, or further reduced if already less than the minimum required by these regulations.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
Intent. It is the intent of this Section to regulate the location and construction of bulk container enclosures in a manner that promotes the public health and safety, and lessens or otherwise mitigates the visual impact of such bulk containers upon the community.
(B)
Applicability and exceptions. A bulk container is a receptacle with a capacity of greater than one cubic yard which purpose is for the disposal and storage of garbage, trash, or any form of waste materials, not including hazardous or infectious wastes.
(1)
Wheeled bulk containers for the disposal of solid waste or the collection of recyclables which are one cubic yard in size or smaller are exempt from the enclosure requirements of this Section.
(2)
Use of one wheeled bulk container per property, greater than one cubic yard in size but not exceeding two (2) cubic yards in size, is exempt from the enclosure requirements of this Section provided that, when not curbside for collection, it is positioned upon a hard surfaced pad located behind the forward building line(s) of the user location, and it is positioned such that the smaller side of the bulk container faces the public right-of-way, and a hard surface roll-way from the pad to the servicing area is provided to facilitate servicing. Wheeled bulk containers shall only be placed curbside for collection as permitted by [Chapter 16], Article 1, Section 16-9, Solid Waste, of the Code of Ordinances, as may be amended.
(3)
On sites where a bulk container cannot be seen from off-site, at a height of five (5) feet above existing grade at any property line of the site, no enclosure shall be required.
(4)
No enclosure shall be required for bulk containers located on interior lots, behind the extension of the building line that directly abuts any alley and is not visible from the public right-of-way.
(C)
Placement. Bulk containers shall be placed for collection purposes in a location easily accessible to authorized collection vehicles. Unless in a public right-of-way for purposes of collection only, all bulk containers shall be placed within an approved enclosure as set out below in Subsection (E) and at any time of day on the scheduled collection day, containers may be placed in position for direct pickup by the authorized agency as provided herein.
(D)
It shall be unlawful for any person to place, or cause to be placed, a bulk container or receptacle that services private property upon or in any street, alley, or public right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way only for the period of time necessary for collection. The containers shall be returned to their approved enclosure or location on the same day that they are set out for collection.
(E)
Enclosure requirements. The following enclosure requirements shall be met by all properties as described below.
(1)
Where required. All residential properties of four (4) or more units and all business and industrial properties that elect to use bulk containers, shall provide an on-site enclosure for bulk containers or waste receptacles, except as provided herein.
(2)
Minimum size. Each enclosure shall provide a minimum of eighteen (18) inches of clear space between each side of each bulk container (including lifting flanges) and the adjacent wall surface of the enclosure, or other containers within that same enclosure. The height of each enclosure shall be six (6) inches greater than the highest part of any bulk container therein.
(3)
Service access. Placement of containers and enclosures shall be planned and constructed in a manner that allows unobstructed access to each container and the unobstructed opening of the gates during the emptying process. Containers shall not be located in such a manner that the service vehicle will block any intersection during the emptying process.
(4)
Gates. All enclosures shall have gates and their construction shall be of sturdy metal frame and hinges, or other acceptable material as determined by the Community Development Services Director or designee, with an opaque facing material. Servicing gates shall incorporate gate stops and latches that are functional in the full open and closed positions. Enclosures with gates that swing out from the container shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so that access and servicing gates function properly and do not sag. All gates for pedestrian access shall be no more than forty-eight (48) inches in height and no less than thirty-six (36) inches in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container(s).
(5)
Maze or baffle style openings. Maze or baffle style openings shall be permitted in place of an operating, pedestrian access gate. A maze style opening is an opaque wall or fence that can be located no more than forty-eight (48) inches and no less than thirty-six (36) inches from the enclosure opening and must be a minimum length of one and one-half (1½) times the length of the opening and shall be centered upon the opening. These openings shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width.
(6)
Pads and service drives. All enclosures shall be placed on pured concrete, solid, or perforated interlocking concrete block paving (ICB), or any existing hardened paving system. A service access drive for the purpose of emptying the bulk container shall also be provided unless a hard surface that provides access to the bulk container already exists. Such pads and approach drives shall replace existing curb, gutter, and sidewalk when necessary. In cases where a hard surface or drive which is adequate to support the combined full weight of the bulk container, the enclosure and service vehicles does not exist, a ten-foot wide hard surface extension directly in front of the bulk container shall be required for purposes of emptying the container.
(7)
Garbage containers. All receptacles and bulk containers which receive garbage, liquid waste, or food from food handling operations, including, but not limited to, bakeries, meat processing plants, or any business establishment where it is determined that garbage, liquid waste, or food will be accumulated, shall have a raised concrete slab, a drain, and cleaning water facilities for said receptacles and containers and be constructed in accordance with the provisions of the Florida Building Code as may be amended.
(8)
Maintenance. Approved enclosures shall be maintained in good condition and appearance at all times. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods. Enclosures and containers shall be cleaned periodically to prevent noxious odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be repaired or rebuilt whenever the pavement structure deteriorates.
(F)
Material and construction methods. Enclosures shall be constructed of walls or fences of wood or plastic lumber (finished), masonry units, (finished) concrete, earth berms, landscape screens or any combination of these elements, and shall be constructed in a manner described below in subparagraphs (1) through (5) below. The material(s) used shall be compatible with those of adjacent or surrounding buildings or structures and may be used in any combination of the enclosure materials referenced above. Gates shall be constructed of opaque materials in the manner provided in subparagraph (E)(4), above.
(1)
Wood lumber. Wood fences shall be of a durable species, incorporating architectural design features to enhance appearance, and of a quality and design that meet the following criteria:
(a)
The wood is pressure-treated or has a finish that protects the wood from the elements; and
(b)
Supporting in-ground posts are adequate to support the weight of the enclosure gate; and
(c)
That the lumber be a minimum of nominal one-inch by nominal six-inch boards and shall have a maximum spacing between boards of one-inch; and
(d)
Compatibility of materials with existing materials on the subject property and the surrounding neighborhood, as determined by the Community Development Services Director or designee.
(2)
Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design that meets the following criteria:
(a)
The material is coated or has a finish that protects the plastic from the elements; and
(b)
Supporting in-ground posts are adequate to support the weight of the enclosure gate; and
(c)
That the lumber be a minimum of nominal one-inch by nominal six-inch boards and shall have a maximum spacing between boards of one-inch; and
(d)
Compatibility of materials with existing materials on subject property and the surrounding neighborhood, as determined by the Community Development Services Director or designee.
(3)
Masonry and concrete walls. All exterior faces of walls shall be finished with two (2) coats of cement stucco, painted to match adjacent buildings.
(4)
Earth berms. Landscaped earth berms shall have slopes no greater than 2:1. Such earth mounding may be used in combination with other materials or methods of construction to achieve the required height to accomplish proper screening and may be used to cover the visible exterior surface of any enclosure.
(5)
Landscape enclosures. The use of evergreen or non-exfoliating landscaping shrubs as an enclosure shall be permitted under the following conditions:
(a)
The container to be enclosed is no more than four (4) feet in height; and
(b)
The landscape material is supported on the interior side by a dark colored, vinyl coated, commercial grade (9 gauge) chain link fence or by an uncoated galvanized chain link fence with dark colored, stiff high density, virgin polyethylene with ultra violet inhibitors. Vertical inserts shall be installed and fastened or locked into place on those enclosures which can be seen from the adjacent public right-of-way or from windows or door openings in all adjacent residential buildings. The chain link fence shall have a matching top rail that shall be a minimum of one and five-eighth (1⅝) inches, grade one steel, in thickness; and
(c)
The landscape enclosure and chain link fence shall be installed and maintained at a minimum height of six (6) inches above the highest point of the dumpster and all shrubs shall comply with minimum requirements set forth in Article 150, Landscaping.
(G)
Location and screening requirements. One or more of the following provisions may apply to enclosures:
(1)
Existing required landscape areas. The enclosure and access drive to a bulk container may encroach into the existing required landscape areas, if it is shown that it is necessary to provide adequate space for the enclosure and access drive. Such enclosures shall be landscaped so as to form a visual barrier between the enclosure and the street and adjoining property.
(2)
Shared between abutting properties. Enclosures for one or more containers may be located along or across abutting property lines, and may serve two (2) or more adjacent properties, if affected property owners enter into a joint use agreement. Such joint use agreements shall be approved by the City and recorded in the public records of Broward County, Florida. If the joint use agreement is terminated, each property owner shall make separate provisions for their solid waste disposal and provide for the required screening between properties.
(3)
Within parking areas. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines and shall be landscaped. Such landscaping may be reduced, as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained. Applicants shall be permitted to reduce in size up to twenty (20) existing parking spaces from the standard nine-foot width to eight (8) feet, six (6) inches in width, or eliminate one space if shown to be necessary to provide space for the enclosure, which determination shall be made by the Community Development Services Director or designee and the Emergency Management/Utilities Director or designee. The overall parking ratio for residential properties, however, shall not be reduced below one space for each dwelling unit.
(4)
Within yards. Enclosures may be located within building setback areas pursuant to Subsection (5), and the enclosure shall be fully landscaped. The landscaping may be reduced if the enclosure is located toward the rear of the property or in an area which is not highly visible from public streets as long as a continuous visual barrier between the enclosure and the street is maintained and the enclosure is adequately screened from any adjacent residential property. If the enclosure is located within a highly visible area within the building setback area, additional landscaping, architectural treatments or both, in addition to a visual barrier, may be required on the site as determined by the Community Development Services Director or designee and the Emergency Management/Utilities Director or designee. The additional landscaping, architectural treatments or both shall be required to the extent it is found necessary to mitigate the impact of the location of the bulk container and enclosure on the site.
(5)
In compliance with setbacks. Enclosures located in compliance with setbacks shall be required to be fully landscaped when the enclosure is freestanding on a property in a high visibility location from the right-of-way. Such landscaping may be reduced, as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained.
(H)
Camouflage/alternate screening. In locations where sufficient space does not exist to allow construction of a bulk container enclosure and the provisions of the Section have been met where possible, the Community Development Services Director or designee and Emergency Management/Utilities Director or designee may determine that no other trash management option as described in this Section is reasonably available, and approve the application for a decorative veneer (camouflage) or other alternate screening method which may include conditions in lieu of enclosure construction. Such application and approval shall be conditioned so that there are no company identification/advertising logos on the veneer surface, the veneer is painted or stained a color compatible with the character and appearance of surrounding properties and the main building on the site, and the bulk container is placed upon a concrete pad the purpose of which is to ensure that the bulk container is positioned such that it is not an aesthetic detriment to the community. Applications to the Community Development Services Department shall contain the following documentation:
(1)
A site plan or survey detailing the location and dimensions of buildings, the number and location of living units, lot size, landscaping on site (sod, trees, shrubs, etc.), the number and location of parking spaces, the location, service frequency, and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or alternate screening or enclosure materials, including a description of how the alternate screening meets the purpose and intent of this Section; and
(2)
A typewritten narrative of alternate trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.
(I)
City liability. The City claims the exemption or exclusion afforded by any law of Florida now effective or hereafter enacted, which provides immunity to municipal officials and employees from actions for trespass, whether civil or criminal in nature.
(Ord. No. 2020-005, § 3, 5-26-20)
- SUPPLEMENTARY HEIGHT, BULK AND YARD REGULATIONS4
Editor's note—Ord. No. 2020-005, § 3, adopted May 26, 2020, amended Article 45 in its entirety to read as herein set out. Former Article 45, §§ 045-010—045-110, pertained to similar subject matter and derived from Ord. No. 860, adopted January 11, 2005 and Ord. No. 993, adopted December 13, 2011.
The regulations set forth in this Article qualify or supplement the district regulations appearing elsewhere in the ULDR.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
The following freestanding structures, and structural elements of buildings not exceeding thirty (30) percent of roof area, where applicable, may exceed the permissible height limit in any district by not more than twenty-five (25) percent, unless otherwise provided:
(1)
Belfries.
(2)
Chimneys.
(3)
Cooling towers and condensers.
(4)
Elevator bulkheads.
(5)
Fire department training towers.
(6)
Flagpoles.
(7)
Cupolas, spires and similar ornamental rooftop structures.
(8)
Radio and television towers shall not exceed one hundred twenty-five (125) feet in height. The height of telecommunication towers is regulated by Article 55, Telecommunication Towers.
(9)
Stage towers or scenery lofts for auditoriums.
(10
Rooftop tanks.
(11
Water towers.
(12)
Parapet walls may exceed the allowable height limit by no more than five (5) feet unless specified otherwise elsewhere in the ULDR.
(13)
Roof-top satellite dish antennae may exceed the allowable height limit of nonresidential structures by not more than four (4) feet.
(B)
All equipment, including but not limited to tanks, condensers and satellite dish antennae, installed on the roof of a structure shall be screened by an architectural building element to reduce any noise and to block from view such equipment from adjacent properties or rights-of-way. The elevation of the screening device shall be not less than the elevation of the roof equipment unless the applicant provides a line-of-site study justifying a lower screening device or alternate method of screening.
(C)
Notwithstanding other provisions of these regulations, the height of all structures shall be limited by the requirements of the Federal Aviation Administration.
(D)
Rooftop solar photovoltaic or solar water heater systems may exceed the permissible height limit in any district by not more than five (5) feet. Rooftop solar photovoltaic or solar water heater systems are not required to be screened.
(E)
The structural components of a green roof (non-vegetative components) may exceed the permissible height limit in any district by not more than five (5) feet. The external perimeters of green roof systems are required to be aesthetically compatible with the building exterior and the screening may be required and will be determined on a case by case basis by the Director of Community Development Services or designee.
(F)
The top of a wind turbine may exceed the permissible height limit in any district by not more than four (4) feet. Wind turbines are not required to be screened. Wind turbines exceeding this height will require an approval through the variance process established in Article 120.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
Yard measurement from ultimate right-of-way. Where the Comprehensive Plan designates an ultimate right-of-way line for the future widening or establishment of a street upon which a lot abuts, then the depth of any abutting yard shall be measured from such official line to the building line.
(B)
Allowable yard encroachments. Every part of a required yard shall be open to the sky, except as follows, and as otherwise permitted within the ULDR:
(1)
Sills, belt courses, roof overhangs, roof gutters, air conditioning compressors, chimneys, cornices, cantilevers, green walls and ornamental features may project into a required yard a distance not to exceed thirty-six (36) inches.
(2)
Movable awnings attached to, and supported by, a building wall may be placed over doors or windows in any required yard, but such awnings shall not project closer than three (3) feet to any lot line unless specified otherwise elsewhere in the ULDR.
(3)
A canopy shall be permitted to extend from the entrance door to the street line of any main building in a multi-family residential or business district. Where a sidewalk and curb exist, the canopy may extend to within eighteen (18) inches of the curb line. Such canopies shall not exceed twelve (12) feet in width or ten (10) feet in height or be screened, or enclosed in any manner and shall provide an unobstructed, clear space between the finished grade and the bottom of the valance of at least seven and six-tenths (7.6) feet unless specified otherwise elsewhere in the ULDR.
(4)
Open, unenclosed platforms, as defined in the Florida Building Code, as amended, not covered by a roof or canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required front or side yard not more than four (4) feet.
(5)
Fences, walls and hedges as provided in Section 045-040, below.
(Ord. No. 2020-005, § 3, 5-26-20; Ord. No. 2024-013, § 2, 8-26-25)
(A)
Location and height requirements for fences, walls, and hedges. Fences and walls constructed or hedges planted within required yards shall not exceed the specified height provided herein, and where there are no required yards for a given zoning district and use, the height limits herein shall be absolute (refer to Section 010-030, Terms defined, Yards and Finished grade (Grade, finished). Hedges required to be installed shall be in accordance with Article 150, as amended from time to time.
(B)
Additionally, all fences, walls and hedges on corner lots abutting the intersection of two (2) streets shall comply with the site distance clearance requirements of Section 155-070, Clear site triangles, and the placement requirements of Section 150-030, Perimeter landscape and buffer requirements, where landscape buffers are required along a property line.
(C)
Residential zoning or use:
(1)
Fences and walls: Six (6) feet in required rear and side yards, and four (4) feet in required front yards, except as provided in number (3), (5) and (6) below, and subsection (G) and (J). A distance of at least eight (8) feet shall be provided between any fence or wall and the edge of pavement abutting a right-of-way.
(2)
Hedges: no height limit except as provided in number (4) and (5), below.
(3)
Fences and walls may be erected to eight (8) feet in height along interior residential property lines abutting commercial, mixed-use or industrial zoning or uses.
(4)
Hedges shall be regularly trimmed and maintained by the property owner such that the hedge causes no property damage to abutting properties and does not present a public safety hazard. Maintenance shall include removal of low hanging branches next to sidewalks, walkways and right-of-way, and removal of root systems which are likely to destroy public or private property. A distance of at least eight (8) feet shall be provided between any hedge and the edge of pavement abutting a right-of-way.
(5)
Lots located on canals and waterways shall provide a clear site triangle in accordance with Section 155-070 when fences, walls, and hedges are located in required front, side, and rear yards.
(6)
The fence or wall height, on the property that is elevated to comply with Federal Emergency Management Agency (FEMA) floodplain requirements and Section 9-55 of the City's Code of Ordinances, shall be installed at a height of six (6) feet above highest finished grade within the subject property. The six (6) foot high above highest finished grade fence or wall shall be located within the subject property. If the property that is elevated installed a retaining wall, the fence or wall shall be installed screening the retaining wall from view of the adjacent and abutting properties. A six (6) foot high above highest finished grade fence or wall shall be required to be installed at all property lines that are elevated due to FEMA regulations and Section 9-55 of the City's Code of Ordinances. The fence or wall at a height of six (6) feet above highest finished grade shall not extend into the front yard setback.
(7)
The fence or wall height, when adjacent to a property that is elevated and/or adjacent to a vacant lot that shall be required to be elevated to comply with FEMA floodplain requirements and Section 9-55 of the City's Code of Ordinances, shall not exceed a finished grade of eight (8) feet in height. The finished grade fence or wall height of eight (8) feet shall only be permitted adjacent to the property line where the adjacent property is elevated and/or adjacent to a vacant lot that shall be required to be elevated to comply with FEMA floodplain requirements and Section 9-55 of City's Code of Ordinances. The finished grade fence or wall height of eight (8) feet shall not extend into the front yard setback.
(D)
Commercial zoning or use:
(1)
Fences, walls and hedges shall not exceed six (6) feet in required rear and side yards, except that eight (8) feet is permitted adjacent to a parcel that has a residential zoning or use and three (3) feet within the required front yard.
(E)
Industrial zoning or use: Fences, walls and hedges shall not exceed eight (8) feet maximum height.
(F)
Compliance with height requirements for new walls and fences shall be determined by the Community Development Services Director or designee upon approval of the final building permit inspection.
(G)
Swimming pools and excavations: Enclosure shall be required pursuant to Section 045-060.
(H)
Wooden fences or any other type of fence with one finished side: Shall be erected in a manner that faces the finished side towards the adjacent property or public right-of-way, except when a new fence directly abuts an existing wall or fence preventing access. When a fence is located in a manner where both sides are visible from a right-of-way, both sides of the fence shall be finished.
(I)
Chain link fences: No new chain link fences are permitted within properties with residential zoning or use. Legally permitted chain link fences shall be permitted to be repaired.
(J)
If a property is situated on the corner of two (2) streets, the street frontage adjacent to the rear or side yard may allow a six-foot maximum fence height at property line with the following conditions: a) The property owner may choose which setback to reduce, subject to approval by the Community Development Services Director; and b) A three-foot landscape buffer consisting of appropriate hedge type material per Section 150-180 must be provided in front of the fence.
(K)
Duplex units which are perpendicular to the street and having side entrances may allow six-foot maximum fence height in required front yards with appropriate landscaping per Section 150-180 in order to create a separate yard for the front unit. A distance of at least eight (8) feet shall be provided between any fence or wall and the edge of pavement abutting a right-of-way.
(L)
If a property has more than one front yard, and is not situated on a corner, one street frontage may allow a six-foot maximum fence height at property line with the following conditions: a) The property owner may choose which setback to reduce, subject to approval by the Community Development Services Director; and b) A three-foot landscape buffer consisting of appropriate hedge type material per Section 150-180 must be provided in front of the fence.
(M)
Mixed-use zoning or use: Fences, walls, and hedges shall be erected within mixed-use development consistent with regulations based on the use adjacent to the proposed fence, wall, or hedge.
(N)
Where security and safety concerns exist or are reasonably foreseeable, the Chief of Police shall evaluate the necessity of enhanced perimeter protection measures, consistent with Crime Prevention Through Environmental Design (CPTED) principles, including up to an eight (8) foot high fence or wall, on a case-by-case basis. The Chief of Police shall outline the security and safety issues when making the recommendation to the Community Development Services Director.
In situations where the Chief of Police determines that a standard six (6) foot fence or wall height is insufficient to address documented or anticipated threats to public safety or property security, the Chief of Police shall submit a written recommendation to the Community Development Services Director recommending the installation of a fence or wall up to eight (8) feet in height. The recommendation shall include:
1.
A description of the location and nature of the safety or security concern;
2.
An assessment of potential risks to people or property;
3.
Justification for the proposed fence height as a necessary deterrent or barrier; and
4.
Any supporting data, incident reports, or relevant law enforcement findings.
The Community Development Services Director shall evaluate the security and safety issues as outlined by the Chief of Police when determining if the fence or wall up to eight (8) feet in height is approved. If the recommendation from the Chief of Police does not provide documentation addressing subsections 1 through 4, the Community Development Services Director shall deny the request.
A property owner who is requesting an increase in the fence or wall height based on subsection (N), shall submit a building permit in addition to a safety report conducted by the Police Department to the Community Development Services Department. A fence or wall, up to eight (8) feet pursuant to subsection (N), shall not be permitted adjacent to or abutting a canal or waterway.
(Ord. No. 2020-005, § 3, 5-26-20; Ord. No. 2024-013, § 2, 8-26-25)
(A)
The use of barbed wire shall be prohibited in all residential districts within the City.
(B)
The use of barbed wire in all commercial districts shall be permitted only as a conditional use.
(C)
The use of barbed wire in all industrial districts shall be permitted without the need for conditional use approval.
(D)
Barbed wire shall not exceed the maximum permitted height of any fence.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
The following setbacks shall apply to accessory swimming pools, decks, and screen enclosures:
*Setback measurement is to the water's edge for pools; edge of deck for decking; edge of screen enclosure for screen enclosures; and edge of overhang for roofed enclosures.
(B)
It shall be the duty of the property owner and any person in possession of a residential dwelling unit in the City to erect a permanent barrier meeting the minimum standards of Subsection 424.2.17 of the Florida Building Code, as may be amended, around a pool. The City shall apply these same requirements to any open well, cistern, other waterbody or dangerous excavations thereon. The barrier shall, at a minimum, be four (4) feet in height as measured on the side facing away from the pool, waterbody or excavation, with a self-closing, self-latching gate operable only from the interior of the fenced area. A walk space at least eighteen (18) inches wide shall be provided between a pool and any walls, fences or screen enclosure.
(C)
Proof that engineering requirements have been met must be submitted at the time of application for the building permit for an accessory swimming pool.
(Ord. No. 2020-005, § 3, 5-26-20)
Utility sheds may occupy a required rear yard only, provided they are not located closer than five (5) feet to a rear lot line. No more than one utility shed shall be constructed upon any lot. When the property on which a utility shed is to be constructed abuts a canal or waterway, no utility shed shall be permitted in the required yard adjacent to any seawall or canal.
(Ord. No. 2020-005, § 3, 5-26-20)
All lots must front on a street that meets City construction standards.
(Ord. No. 2020-005, § 3, 5-26-20)
No freestanding sign shall exceed the maximum signage areas prescribed within Article 145.
(Ord. No. 2020-003, § 3, 9-22-20; Ord. No. 2020-005, § 3, 5-26-20)
Editor's note— Ord. No. 2020-005, § adopted May 26, 2020, mistakingly marked Section 045-090 for deletion, by City direction and at the editor's discretion Section 045-090 as amended by Ord. No. 2020-003, § 3, adopted September 22, 2020 was renumbered as Section 045-085.
The minimum yards, parking space, pervious area, open space, lot area, or other space required by these regulations for each and every building and use existing at the time of the passage of these regulations or amendments hereto, or for any building hereafter erected, shall not be encroached upon or considered as required yard, parking space, pervious area, open space, lot area, or other space for any other building or use, except as hereinafter provided, nor shall any such spaces be reduced below the requirements of these regulations, or further reduced if already less than the minimum required by these regulations.
(Ord. No. 2020-005, § 3, 5-26-20)
(A)
Intent. It is the intent of this Section to regulate the location and construction of bulk container enclosures in a manner that promotes the public health and safety, and lessens or otherwise mitigates the visual impact of such bulk containers upon the community.
(B)
Applicability and exceptions. A bulk container is a receptacle with a capacity of greater than one cubic yard which purpose is for the disposal and storage of garbage, trash, or any form of waste materials, not including hazardous or infectious wastes.
(1)
Wheeled bulk containers for the disposal of solid waste or the collection of recyclables which are one cubic yard in size or smaller are exempt from the enclosure requirements of this Section.
(2)
Use of one wheeled bulk container per property, greater than one cubic yard in size but not exceeding two (2) cubic yards in size, is exempt from the enclosure requirements of this Section provided that, when not curbside for collection, it is positioned upon a hard surfaced pad located behind the forward building line(s) of the user location, and it is positioned such that the smaller side of the bulk container faces the public right-of-way, and a hard surface roll-way from the pad to the servicing area is provided to facilitate servicing. Wheeled bulk containers shall only be placed curbside for collection as permitted by [Chapter 16], Article 1, Section 16-9, Solid Waste, of the Code of Ordinances, as may be amended.
(3)
On sites where a bulk container cannot be seen from off-site, at a height of five (5) feet above existing grade at any property line of the site, no enclosure shall be required.
(4)
No enclosure shall be required for bulk containers located on interior lots, behind the extension of the building line that directly abuts any alley and is not visible from the public right-of-way.
(C)
Placement. Bulk containers shall be placed for collection purposes in a location easily accessible to authorized collection vehicles. Unless in a public right-of-way for purposes of collection only, all bulk containers shall be placed within an approved enclosure as set out below in Subsection (E) and at any time of day on the scheduled collection day, containers may be placed in position for direct pickup by the authorized agency as provided herein.
(D)
It shall be unlawful for any person to place, or cause to be placed, a bulk container or receptacle that services private property upon or in any street, alley, or public right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way only for the period of time necessary for collection. The containers shall be returned to their approved enclosure or location on the same day that they are set out for collection.
(E)
Enclosure requirements. The following enclosure requirements shall be met by all properties as described below.
(1)
Where required. All residential properties of four (4) or more units and all business and industrial properties that elect to use bulk containers, shall provide an on-site enclosure for bulk containers or waste receptacles, except as provided herein.
(2)
Minimum size. Each enclosure shall provide a minimum of eighteen (18) inches of clear space between each side of each bulk container (including lifting flanges) and the adjacent wall surface of the enclosure, or other containers within that same enclosure. The height of each enclosure shall be six (6) inches greater than the highest part of any bulk container therein.
(3)
Service access. Placement of containers and enclosures shall be planned and constructed in a manner that allows unobstructed access to each container and the unobstructed opening of the gates during the emptying process. Containers shall not be located in such a manner that the service vehicle will block any intersection during the emptying process.
(4)
Gates. All enclosures shall have gates and their construction shall be of sturdy metal frame and hinges, or other acceptable material as determined by the Community Development Services Director or designee, with an opaque facing material. Servicing gates shall incorporate gate stops and latches that are functional in the full open and closed positions. Enclosures with gates that swing out from the container shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so that access and servicing gates function properly and do not sag. All gates for pedestrian access shall be no more than forty-eight (48) inches in height and no less than thirty-six (36) inches in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container(s).
(5)
Maze or baffle style openings. Maze or baffle style openings shall be permitted in place of an operating, pedestrian access gate. A maze style opening is an opaque wall or fence that can be located no more than forty-eight (48) inches and no less than thirty-six (36) inches from the enclosure opening and must be a minimum length of one and one-half (1½) times the length of the opening and shall be centered upon the opening. These openings shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width.
(6)
Pads and service drives. All enclosures shall be placed on pured concrete, solid, or perforated interlocking concrete block paving (ICB), or any existing hardened paving system. A service access drive for the purpose of emptying the bulk container shall also be provided unless a hard surface that provides access to the bulk container already exists. Such pads and approach drives shall replace existing curb, gutter, and sidewalk when necessary. In cases where a hard surface or drive which is adequate to support the combined full weight of the bulk container, the enclosure and service vehicles does not exist, a ten-foot wide hard surface extension directly in front of the bulk container shall be required for purposes of emptying the container.
(7)
Garbage containers. All receptacles and bulk containers which receive garbage, liquid waste, or food from food handling operations, including, but not limited to, bakeries, meat processing plants, or any business establishment where it is determined that garbage, liquid waste, or food will be accumulated, shall have a raised concrete slab, a drain, and cleaning water facilities for said receptacles and containers and be constructed in accordance with the provisions of the Florida Building Code as may be amended.
(8)
Maintenance. Approved enclosures shall be maintained in good condition and appearance at all times. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods. Enclosures and containers shall be cleaned periodically to prevent noxious odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be repaired or rebuilt whenever the pavement structure deteriorates.
(F)
Material and construction methods. Enclosures shall be constructed of walls or fences of wood or plastic lumber (finished), masonry units, (finished) concrete, earth berms, landscape screens or any combination of these elements, and shall be constructed in a manner described below in subparagraphs (1) through (5) below. The material(s) used shall be compatible with those of adjacent or surrounding buildings or structures and may be used in any combination of the enclosure materials referenced above. Gates shall be constructed of opaque materials in the manner provided in subparagraph (E)(4), above.
(1)
Wood lumber. Wood fences shall be of a durable species, incorporating architectural design features to enhance appearance, and of a quality and design that meet the following criteria:
(a)
The wood is pressure-treated or has a finish that protects the wood from the elements; and
(b)
Supporting in-ground posts are adequate to support the weight of the enclosure gate; and
(c)
That the lumber be a minimum of nominal one-inch by nominal six-inch boards and shall have a maximum spacing between boards of one-inch; and
(d)
Compatibility of materials with existing materials on the subject property and the surrounding neighborhood, as determined by the Community Development Services Director or designee.
(2)
Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design that meets the following criteria:
(a)
The material is coated or has a finish that protects the plastic from the elements; and
(b)
Supporting in-ground posts are adequate to support the weight of the enclosure gate; and
(c)
That the lumber be a minimum of nominal one-inch by nominal six-inch boards and shall have a maximum spacing between boards of one-inch; and
(d)
Compatibility of materials with existing materials on subject property and the surrounding neighborhood, as determined by the Community Development Services Director or designee.
(3)
Masonry and concrete walls. All exterior faces of walls shall be finished with two (2) coats of cement stucco, painted to match adjacent buildings.
(4)
Earth berms. Landscaped earth berms shall have slopes no greater than 2:1. Such earth mounding may be used in combination with other materials or methods of construction to achieve the required height to accomplish proper screening and may be used to cover the visible exterior surface of any enclosure.
(5)
Landscape enclosures. The use of evergreen or non-exfoliating landscaping shrubs as an enclosure shall be permitted under the following conditions:
(a)
The container to be enclosed is no more than four (4) feet in height; and
(b)
The landscape material is supported on the interior side by a dark colored, vinyl coated, commercial grade (9 gauge) chain link fence or by an uncoated galvanized chain link fence with dark colored, stiff high density, virgin polyethylene with ultra violet inhibitors. Vertical inserts shall be installed and fastened or locked into place on those enclosures which can be seen from the adjacent public right-of-way or from windows or door openings in all adjacent residential buildings. The chain link fence shall have a matching top rail that shall be a minimum of one and five-eighth (1⅝) inches, grade one steel, in thickness; and
(c)
The landscape enclosure and chain link fence shall be installed and maintained at a minimum height of six (6) inches above the highest point of the dumpster and all shrubs shall comply with minimum requirements set forth in Article 150, Landscaping.
(G)
Location and screening requirements. One or more of the following provisions may apply to enclosures:
(1)
Existing required landscape areas. The enclosure and access drive to a bulk container may encroach into the existing required landscape areas, if it is shown that it is necessary to provide adequate space for the enclosure and access drive. Such enclosures shall be landscaped so as to form a visual barrier between the enclosure and the street and adjoining property.
(2)
Shared between abutting properties. Enclosures for one or more containers may be located along or across abutting property lines, and may serve two (2) or more adjacent properties, if affected property owners enter into a joint use agreement. Such joint use agreements shall be approved by the City and recorded in the public records of Broward County, Florida. If the joint use agreement is terminated, each property owner shall make separate provisions for their solid waste disposal and provide for the required screening between properties.
(3)
Within parking areas. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines and shall be landscaped. Such landscaping may be reduced, as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained. Applicants shall be permitted to reduce in size up to twenty (20) existing parking spaces from the standard nine-foot width to eight (8) feet, six (6) inches in width, or eliminate one space if shown to be necessary to provide space for the enclosure, which determination shall be made by the Community Development Services Director or designee and the Emergency Management/Utilities Director or designee. The overall parking ratio for residential properties, however, shall not be reduced below one space for each dwelling unit.
(4)
Within yards. Enclosures may be located within building setback areas pursuant to Subsection (5), and the enclosure shall be fully landscaped. The landscaping may be reduced if the enclosure is located toward the rear of the property or in an area which is not highly visible from public streets as long as a continuous visual barrier between the enclosure and the street is maintained and the enclosure is adequately screened from any adjacent residential property. If the enclosure is located within a highly visible area within the building setback area, additional landscaping, architectural treatments or both, in addition to a visual barrier, may be required on the site as determined by the Community Development Services Director or designee and the Emergency Management/Utilities Director or designee. The additional landscaping, architectural treatments or both shall be required to the extent it is found necessary to mitigate the impact of the location of the bulk container and enclosure on the site.
(5)
In compliance with setbacks. Enclosures located in compliance with setbacks shall be required to be fully landscaped when the enclosure is freestanding on a property in a high visibility location from the right-of-way. Such landscaping may be reduced, as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained.
(H)
Camouflage/alternate screening. In locations where sufficient space does not exist to allow construction of a bulk container enclosure and the provisions of the Section have been met where possible, the Community Development Services Director or designee and Emergency Management/Utilities Director or designee may determine that no other trash management option as described in this Section is reasonably available, and approve the application for a decorative veneer (camouflage) or other alternate screening method which may include conditions in lieu of enclosure construction. Such application and approval shall be conditioned so that there are no company identification/advertising logos on the veneer surface, the veneer is painted or stained a color compatible with the character and appearance of surrounding properties and the main building on the site, and the bulk container is placed upon a concrete pad the purpose of which is to ensure that the bulk container is positioned such that it is not an aesthetic detriment to the community. Applications to the Community Development Services Department shall contain the following documentation:
(1)
A site plan or survey detailing the location and dimensions of buildings, the number and location of living units, lot size, landscaping on site (sod, trees, shrubs, etc.), the number and location of parking spaces, the location, service frequency, and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or alternate screening or enclosure materials, including a description of how the alternate screening meets the purpose and intent of this Section; and
(2)
A typewritten narrative of alternate trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.
(I)
City liability. The City claims the exemption or exclusion afforded by any law of Florida now effective or hereafter enacted, which provides immunity to municipal officials and employees from actions for trespass, whether civil or criminal in nature.
(Ord. No. 2020-005, § 3, 5-26-20)