§ 5.3. Accessory Uses and Structures.
A.
Purpose. This section authorizes 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 use and comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding lands.
B.
General.
1.
Applicability. Any use that is customarily incidental and subordinate to a principal use of the same lot is allowed as an accessory use to the principal use, and any nonhabitable structure that is detached from a principal structure on the same lot and incidental and subordinate in use and size to the principal structure and the principal use of the lot is allowed as an accessory structure to the principal structure and use. Section 5.3.B.2, General Standards for All Accessory Uses and Structures, establishes general standards that apply to all allowed accessory uses and structures. Section 5.3.B.3, Abbreviations Used In Accessory Use/Structure District Tables, explains the abbreviations used in the tables showing whether a particular type of accessory use or structure is permitted or prohibited within the various zoning districts. Section 5.3.C, Standards for Specific Accessory Uses and Structures, establishes standards that apply to particular types of accessory uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Code. The uses are organized alphabetically.
2.
General Standards for All Accessory Uses and Structures.
a.
Relationship to Principal Use or Structure.
i.
Except as otherwise authorized in Section 5.4.C.14, Temporary Use of an Accessory Structure as a Principal Dwelling After a Catastrophe, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure.
ii.
If the principal use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.
b.
Location of Accessory Uses and Structures.
i.
No accessory use or structure shall be located within any platted or recorded easement or over any known utility.
ii.
No accessory use or structure shall be allowed in an area designated as a fire lane or emergency access route on an approved site plan.
iii.
Except for flagpoles, fences, benches, or parking covers in designated parking areas, no accessory use or structure shall be located in an area designated as a parking area on an approved site plan.
iv.
Except for permitted fences, walls, flagpoles, or ornamental ponds, no accessory use or structure shall occupy or take place in a required front yard or street side yard.
v.
Except for garages and carports, accessory uses or structures may be located in a required interior side yard or rear yard, provided:
(a)
No accessory use or structure except permitted fences, walls, or flagpoles may be located within three feet of the nearest side or rear lot line;
(b)
No accessory structure or mechanical equipment may be located within 15 feet of a waterway or canal.
(c)
An accessory structure more than 10 feet in height shall be set back from the nearest side or rear lot line one additional foot for every two feet (or fraction thereof) the structure's height exceeds 10 feet; and
(d)
Accessory uses and structures may not occupy more than 40 percent of the area of a required rear yard.
vi.
Unless otherwise provided above or in Section 11.4.B.4, Allowable Required Yard Encroachments, accessory uses and structures shall comply with the minimum yard standards applicable in the zoning district where the structure is located.
3.
Abbreviations Used In Accessory Use/Structure District Tables. In the tables designating the zoning districts in which an accessory use or structure is allowed, the following abbreviations apply:
a.
An "A" indicates that the use or structure is allowable as an accessory use or structure by right in the corresponding zoning district, subject to compliance with Section 5.3.B.2, General Standards for All Accessory Uses and Structures, any referenced use-specific standards, and all other applicable regulations of this Code.
b.
A blank cell indicates that the use or structure is prohibited as an accessory use or structure in the corresponding zoning district. For the overlay districts, in which prohibitions of uses allowed by underlying base districts is an exception, an "X" indicates that the use or structure is prohibited as an accessory use or structure in the overlay district.
4.
Accessory Use/Structure Table for Residential, Business, Industrial, Tourist, and Specialty Districts.
Table 5.3.B.4: Accessory Use/Structure Table for Residential, Business, Industrial, Tourist, and Specialty Districts
A = Permitted by Right S = Allowed with a Special Use Permit Blank Cell = Not Permitted By Right
Accessory Use/Structure Type Residential
DistrictsBusiness Districts Industrial
DistrictsTourist
DistrictsSpecialty
DistrictsUse-
Specific Stan-
dardsSFR-5 MFR-12 MFR-20 MFR-40 RP OP BP BR-1 BR-2 BA M-1 M-2 M-4 M-5 T-1 T-2 T-4 T-5 AG HM MS Amateur ham radio antenna A A A A A A A A A A A A A A A A A A A A A 5.3.C.1 Animal care, training, or kennel A A A A A A A A Automated teller machine (ATM) A A A A A A A A A A A A A A 5.3.C.2 Beach concession vehicle storage (as accessory to a gas station) A 5.3.C.3 Bike rack A A A A A A A A A A A A A A A A A A A A A Canopy, nonresidential A A A A 5.3.C.4 Clothesline A A A A A A A A A A A A A A A A A A A A A Clubhouse A A A A A A A A A A A A A A 5.3.C.5 Crematory (as accessory to a cemetery) A 5.3.C.6 Docking facility A A A A A A A A A A A A A A A A A 5.3.C.7 Drop-in child care A A A A A A A A A A A 5.3.C.8 Family daycare home A A A A A 5.3.C.9 Fence or wall A A A A A A A A A A A A A A A A A A A A A Fuel/oil/bottled gas distribution A A A A A A A A A A A A A A 5.3.C.10 Gambling Permitted as allowed by Florida Statutes 5.3.C.11 Garage A A A A A A A A A A A A A A A A A A A A A Greenhouse A A A A A A A A A A A A A A A A A A A A 5.3.C.12 Home based business A A A A A A A A A A A A A A A 5.3.C.13 Office (accessory to multifamily complex or commercial use) A A A A A A A A A A A A A A A A A A A A 5.3.C.14 Off-site information booth (accessory to hotel mixed-use development) 5.3.C.15 Off-site information/solicitation booth (accessory to hotel, motel, restaurant, or recreation/entertainment use) 5.3.C.16 Outdoor seating (as accessory to an eating or drinking establishment) A A A A A A A A A 5.3.C.17 Outdoor storage (as an accessory use) A A A A A 5.3.C.18 Parking or storage of noncommercial motor vehicles, recreational vehicles, boats, or trailers in residential zoning districts A A A A A 5.3.C.19 Parking or storage of commercial vehicles in residential zoning districts A A A A A 5.3.C.20 Produce stand A A A A A A A A A A A A A A A A A A 5.3.C.21 Rainwater cistern A A A A A A A A A A A A A A A A A A A A A 5.3.C.22 Refuse or recycling drop-off station A A A A A A A A A A A A A A A A A A A A 5.3.C.23 Retail merchan-
dizing units (as accessory to hotel mixed use development)5.3.C.24 Retail sales (as accessory to manufacturing uses) A A A A Satellite Dish A A A A A A A A A A A A A A A A A A A A A 5.3.C.26 Solar energy collection system A A A A A A A A A A A A A A A A A A A A A 5.3.C.27 Storage shed A A A A A A A A A A A A A A A A A A A A A Swimming pool, spa, or hot tub A A A A A A A A A A A A A A A A A A A A 5.3.C.28 Television or radio antenna A A A A A A A A A A A A A A A A A A A A A 5.3.C.29 Vending machine A A A A A A A A A A A A A A A A A A A A A 5.3.C.30 5.
Accessory Use Table for Redevelopment Districts.
Table 5.3.B.5: Accessory Use/Structure Table for Redevelopment Districts
A = Permitted by Right S = Allowed with a Special Use Permit Blank Cell = Prohibited Use
Accessory Use/Structure Type Beachside Downtown Midtown Use-
Specific StandardsRDB-1 RDB-2 RDB-3 RDB-4 RDB-5 RDB-6 RDB-7 RDB-8 RDB-9 RDB-10 RDB-11 RDD-1 RDD-2 RDD-3 RDD-4 RDD-5 RDD-6 RDD-7 RDM-1 RDM-2 RDM-3 RDM-4 RDM-5 RDM-6 Amateur ham radio antenna A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.1 Animal care, training, or kennel Automated teller machine (ATM) A A A A A A A A A A A A A A A 5.3.C.2 Beach concession vehicle storage (as accessory to a gas station) 5.3.C.3 Bike rack A A A A A A A A A A Canopy, nonresidential A A A A 5.3.C.4 Clothesline A A A A Clubhouse A A A A A A 5.3.C.5 Crematory (as accessory to a cemetery) 5.3.C.6 Docking facility A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.7 Drop-in child care A A 5.3.C.8 Family day care home A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.9 Fence or wall A A A A A A A A A A A A A A A A A A A A A A A A Fuel/oil/bottled gas distribution A A A A A A A A 5.3.C.10 Gambling Permitted as allowed by Florida Statutes 5.3.C.11 Garage A A A A A A A A A A A A A A A A A A A A A A A A Greenhouse A A A A A 5.3.C.12 Home based business A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.13 Office (accessory to multifamily complex or commercial use) A 5.3.C.14 Off-site information booth (accessory to hotel mixed-use development) A 5.3.C.15 Off-site information/solicitation booth (accessory to hotel, motel, restaurant, or recreation/entertainment use) A A 5.3.C.16 Outdoor seating (as accessory to an eating or drinking establishment) A A A A A A A A A A A A A A A 5.3.C.17 Outdoor storage (as an accessory use) 5.3.C.18 Parking or storage of noncommercial motor vehicles, recreational vehicles, boats, or trailers in residential zoning districts A A A A A 5.3.C.19 Parking or storage of commercial vehicles in residential zoning districts A 5.3.C.20 Produce stand A A A A A A A A 5.3.C.21 Rainwater cistern A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.22 Refuse or recycling drop-off station A A A A A A A A A A A A A A A A A A 5.3.C.23 Retail merchan-
dizing units (as accessory to hotel mixed use development)A 5.3.C.24 Retail sales (as accessory to manufacturing uses) A 5.3.C.25 Satellite Dish A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.26 Solar energy collection system A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.27 Storage shed A A A A A Swimming pool, spa, or hot tub A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.28 Television or radio antenna A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.29 Vending machine A A A A A A A A A A A A A A A A A A A A A A A A 5.3.C.30 6.
Accessory Use/Structure Table for Planned Development and Overlay Districts.
Table 5.3.B.6: Accessory Use/Structure Table for Planned Development and Overlay Districts
PD Districts: PD = Allowed Subject to a PD Plan/Agreement
Blank Cell = Prohibited Overlay Districts (Only Modifications of Underlying Base District Use Standards Are Shown):
A = Permitted by Right S = Allowed with a Special Use Permit PS = Allowed with a Public or Semipublic Use Permit X = Prohibited
Accessory Use/Structure Type Planned
Development DistrictsOverlay Districts Use-
Specific StandardsHistoric Transitional Airport Other PD-G PD-RD HO TA TB TC TD AHO ANO STO WO EPO NRO E-Zone AO ISBGO Amateur ham radio antenna PD PD 5.3.C.1 Animal care, training, or kennel PD PD Automated teller machine (ATM) PD PD 5.3.C.2 Beach concession vehicle storage (as accessory to a gas station) PD PD 5.3.C.3 Bike rack PD PD Canopy, nonresidential PD PD 5.3.C.3 Clothesline PD PD Clubhouse PD PD 5.3.C.5 Crematory (as accessory to a cemetery) PD PD 5.3.C.6 Docking facility PD PD 5.3.C.7 Drop-in child care PD PD 5.3.C.8 Family day care home PD PD 5.3.C.9 Fence or wall PD PD Fuel/oil/bottled gas distribution PD PD 5.3.C.10 Gambling Permitted as allowed by Florida Statutes 5.3.C.11 Garage PD PD Greenhouse PD PD 5.3.C.12 Home based business PD PD 5.3.C.13 Office (accessory to multifamily complex or commercial use) PD PD 5.3.C.14 Off-site information booth (accessory to hotel mixed-use development) PD PD 5.3.C.15 Off-site information/solicitation booth (accessory to hotel, motel, restaurant, or recreation/entertainment use) PD PD 5.3.C.16 Outdoor seating (as accessory to an eating or drinking establishment) PD PD 5.3.C.17 Outdoor storage (as an accessory use) PD 5.3.C.18 Parking or storage of noncommercial motor vehicles, recreational vehicles, boats, or trailers in residential zoning districts PD 5.3.C.19 Parking or storage of commercial vehicles in residential zoning districts PD 5.3.C.20 Produce stand PD PD 5.3.C.21 Rainwater cistern PD PD 5.3.C.22 Refuse or recycling drop-off station PD PD 5.3.C.23 Retail merchandizing units (as accessory to hotel mixed use development) PD PD 5.3.C.24 Retail sales (as accessory to manufacturing uses) PD PD 5.3.C.25 Satellite Dish PD PD 5.3.C.26 Solar energy collection system PD PD 5.3.C.27 Storage shed PD PD Swimming pool, spa, or hot tub PD PD 5.3.C.28 Television or radio antenna PD PD 5.3.C.29 Vending machine PD PD 5.3.C.30 C.
Standards for Specific Accessory Uses and Structures.
1.
Amateur Ham Radio Antenna. A ham radio antenna is allowed as an accessory use, subject to the following standards:
a.
The antenna shall not exceed a height of 70 feet above grade unless the ham radio operator can demonstrate that a greater height is necessary to reasonably accommodate the operator's amateur communications needs.
b.
An antenna attached to a principal structure on the lot shall be located on a side or rear elevation of the structure.
c.
A freestanding antenna shall be located to the rear of the principal structure on the lot, but not within five feet of any lot line.
2.
Automated Teller Machine (ATM). An automated teller machine (ATM) is allowed as an accessory use to any principal institutional, commercial, or industrial use, provided that an ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
3.
Beach Concession Vehicle Storage (as accessory to a gas station). The storage of beach concession vehicles is allowed as an accessory use to a gas station, subject to the following standards:
a.
The gas station use shall not also include rental of vehicles, trucks, or trailers.
b.
No more than one beach concession vehicle may be parked or stored on the gas station site.
c.
The beach concession vehicle shall not be parked or stored closer to any public right-of-way than the principal building, or within 25 feet of any public right-of-way.
4.
Canopy, Nonresidential. A canopy is allowed as accessory to a gasoline filling station or other nonresidential use or structure, subject to the following standards:
a.
The form, pitch, and materials used for the roof of a canopy covering a drive-through service facility shall be designed to appear as an extension of the roof covering the principal structure.
b.
The canopy shall have a minimum height of 14 feet above grade, as measured from the finished grade to the underside of the canopy, and a maximum height of 1/3 of the building width.
c.
The canopy shall have a maximum area of 500 square feet in area, and be located within 100 feet of the main entrance to the building.
d.
The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.
e.
No portion of the canopy shall be used as part of the structure of the principal building.
f.
A canopy covering fuel pumps may include logos or trademarks, but shall not include any other signage or advertising except as authorized by Section 6.10, Signage.
g.
In addition to meeting the standards in Section 6.9, Exterior Lighting, a canopy shall not be internally illuminated, and any exterior lighting associated with a canopy shall be shielded and/or recessed so that the source of illumination is not visible from off-site areas.
5.
Clubhouse. A clubhouse is allowed as an accessory use to a membership club (e.g., country club, golf course, tennis club, swim club, yacht club) or a multifamily development in any district in which those uses are permitted. They are also allowed as an accessory use to a residential subdivision development. Clubhouses 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 club facilities.
b.
A clubhouse accessory to a residential subdivision shall be proposed, reviewed, and developed in conjunction with the subdivision, or approved phase thereof.
6.
Crematory. A crematory is permitted as an accessory use only to a cemetery principal use.
7.
Docking Facility.
a.
One dock shall be permitted for each lot of record located along a waterfront.
b.
Where water frontage of a parcel is 100 feet or more, one additional dock may be permitted for each additional 50 feet of frontage.
c.
No portion of the dock platform, boat shelter, or walkway may be covered by an enclosure, siding, or roof. A roof may be permitted over boat storage or mooring areas.
d.
Docks shall comply with the dimensional standards in Table 5.3.C.7 below:
Table 5.3.C.7: Docking Facility Standards
[ft = feet; sf = square feet]
Setback from extended side property line, minimum 20 ft Walkway width, maximum 10 ft Platform area, maximum 500 sf Height, maximum 18 ft above mean high water level e.
All requirements of the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be met prior to approval to construct a dock.
f.
For nonresidential docks, agreement for use of submerged lands from Florida Department of Environmental Protection shall be submitted before the beginning of construction.
g.
A facility shall comply with the boat slip limits in Section 3.4.CC, Boat Slip Allocation.
8.
Drop-In Child Care. Drop-in child care is allowed as an accessory use to a retail sales and service use, provided it complies with applicable State licensing requirements.
9.
Family Day Care Home. A family day care home is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable regulations.
10.
Fuel/Oil/Bottled Gas Distribution. Fuel/oil/bottled gas distribution is allowed as an accessory use to convenience stores, grocery stores, retail sales establishments, gas stations, and mobile/manufactured home parks.
11.
Gambling. Gambling is allowed as an accessory use where allowed by State law.
12.
Greenhouse. A greenhouse is allowed as an accessory use provided all incidental equipment and supplies related to a greenhouse use, including fertilizer and empty containers, are kept within the greenhouse or an accessory structure.
13.
Home Based Business. A home based business is allowed as an accessory use to any principal dwelling unit, subject to the following standards:
a.
Home offices are limited to professional and business services that do not involve clients or customers visiting the premises.
b.
No person other than a member of the family who resides on the premises shall be engaged in the home based business.
c.
There shall be no change in the appearance of the dwelling or outside evidence of nonresidential use.
d.
The home based business shall be located within the dwelling and involve an area that does not exceed 20 percent of the living area of the dwelling. No accessory structure may be used as part of the home based business.
e.
Any addition of living area to the dwelling shall not be eligible for home based business use for two years after its completion, starting the date the Certificate of Occupancy was issued.
f.
There shall be no products of the home based business stored on the premises.
g.
There shall be no storage of equipment or supplies associated with the home based business outside the dwelling.
h.
Advertising and telephone listing for the home office shall not carry the residential address of the home based business.
i.
No equipment or process shall be used in the home based business that creates visual or electrical interference in any radio or television receiver off the premises, or that causes fluctuations in line voltage off the premises.
j.
The home based business shall not generate traffic on a regular basis greater than that customarily generated by the type of residence involved.
k.
No equipment or process shall be used in the home based business that creates excessive noise, vibration, glare, fumes, or odor detrimental to the health, safety, morals, comfort, and general welfare of persons residing in the neighborhood.
l.
The home based business shall not cause an increase in the use of any one or more public utilities (e.g., water, sewer, electricity, and garbage collection) such that the combined total use for the dwelling and home based business exceeds the customary average for similar type residences in the City.
14.
Office (as accessory to a multifamily complex or commercial use). An office is allowed as an accessory use to a multifamily complex or commercial use subject to the following standards:
a.
No mobile/manufactured home, trailer, or other vehicle shall be utilized as a permanent office space.
15.
Offsite information/Solicitation Booth (as accessory to hotel mixed-use development). Freestanding booths used to provide information on or solicit business for district uses or activities may be allowed as an accessory use to a hotel mixed-use development, subject to the following standards:
a.
No more than three booths are allowed per hotel mixed-use development site.
b.
The booths shall be specifically approved as part of the approval of the hotel mixed-use development.
c.
The booths shall be located at least 35 feet from the right-of-way of A-1-A and at least ten feet from any other right-of-way.
d.
The booths shall not be located within any driveway, required parking area, or required yard.
e.
The area of a booth shall not exceed 50 square feet.
f.
The height of a booth shall not exceed ten feet.
g.
Booth walls below the counter shall be enclosed. (Walls above the counter may be enclosed by shutters to protect booth contents when the booth is not in use.)
h.
In the event of severe weather, the booths shall be temporarily relocated to a protected location or otherwise secured.
i.
No banners, pennants, flags, or general merchandise shall be attached to a booth.
j.
Signage shall comply with the following standards:
i.
A booth may display wall-mounted or awning style signs. A-frame, lean-to, bandit-style, or any other type of sign not located on the booth shall be prohibited.
ii.
There shall be no more than four signs per booth.
iii.
Signage area for any sign shall not exceed 16 square feet and total signage area per booth shall not exceed 32 square feet.
k.
The owner and operator of the booth shall comply with City regulations for off-premise solicitation (Chapter 66, Article 5 of the Code of Ordinances).
16.
Offsite Information/Solicitation Booth (as accessory to a hotel, motel, restaurant, or any recreation/entertainment use). A single freestanding booth used to provide information on or solicit business for district uses or activities may be allowed as an accessory use to a hotel or motel, restaurant, or any recreation/entertainment use, subject to the following standards:
a.
The booth shall be located at least ten feet from the boardwalk right-of-way and at least 200 feet from any other off-site information/solicitation booth.
b.
The area of the booth shall not exceed 32 square feet unless located on an ocean pier, in which case its area shall not exceed 50 square feet.
c.
The height of the booth shall not exceed ten feet.
d.
Booth walls below the counter shall be enclosed. (Walls above the counter may be enclosed by shutters to protect booth contents when the booth is not in use.)
e.
In the event of severe weather, the booth shall be temporarily relocated to a protected location or otherwise secured.
f.
No banners, pennants, flags, or general merchandise shall be attached to the booth.
g.
Signage shall comply with the following standards:
i.
The booth may display wall-mounted or awning style signs. A-frame, lean-to, bandit-style, or any other type of sign not located on the booth shall be prohibited.
ii.
There shall be no more than four signs.
iii.
Signage area for any sign shall not exceed 16 square feet and total signage area per booth shall not exceed 32 square feet.
h.
The owner and operator of the booth shall comply with City regulations for off-premise solicitation (Chapter 66, Article 5 of the Code of Ordinances).
i.
Approval of the booth shall be valid only for a three-year period and must be renewed to continue the booth use.
17.
Outdoor Seating (as accessory to an eating or drinking establishment). Outdoor seating is allowed as an accessory to any eating or drinking establishment that is not a nonconforming use, subject to the following standards:
a.
The outdoor seating area shall be screened from an adjoining residential use or zoning district by a wooden privacy fence or masonry wall that is at least six feet high.
b.
The outdoor seating area shall incorporate textured surface treatment using brick or other materials consistent with City standards.
c.
Where alcoholic beverages are served, the perimeter of the outdoor seating area shall be defined in accordance with State alcoholic beverage regulations.
d.
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.
e.
Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment or visitor accommodation use to which it is accessory. If located within 500 feet of a single-family detached dwelling or a SFR-5 zoning district, the outdoor seating area shall be closed between the hours of midnight and 7:00 a.m.
f.
The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
g.
The outdoor seating area of a eating or drinking establishment may be permitted on a public sidewalk abutting the front of the property containing such business, subject to the following requirements:
i.
The business owner or operator shall enter into a revocable license agreement with the City that has been approved as to form by the City Attorney and:
(a)
Ensures that the owner/operator is adequately insured against and indemnifies and holds the City harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition; and
(b)
Authorizes the City to remove or relocate any sidewalk seating facilities, at the owner/operator's expense, if the owner/operator violates these standards or conditions of the license agreement and fails to comply with a City order to remedy the violation within a reasonable time period.
ii.
The business owner or operator shall provide annual proof of liability insurance and pay the annual license fee established by resolution of the City Commission concurrent with submittal of the business tax.
iii.
A clear pathway at least five feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the eating or drinking establishment.
iv.
A clear distance of at least five feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk.
v.
No tables, chairs, or other furnishings or equipment associated with the outdoor seating area shall be attached, chained, or otherwise affixed to any tree, post, sign, or other fixture or street furniture within the sidewalk area.
vi.
No permanent encroachment on or above the sidewalk shall be allowed.
vii.
The applicant shall submit a site plan showing the location and number of tables and chairs for the outdoor seating on the sidewalk.
viii.
All requirements of law must be met.
h.
Dogs in designated outdoor dining areas.
i.
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.
ii.
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 must include the following information:
(a)
Name, mailing address, and telephone number of applicant.
(b)
Name, location, mailing address, and Florida Division of Hotels and Restaurants-issued license number of the public food service establishment.
(c)
Days of the week and hours of operation that the patrons' dogs will be permitted in the designated outdoor area.
(d)
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.
iii.
License number . A copy of all approved applications and permits issued by the city 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 the public food service establishment.
iv.
Requirements. A public food service establishment that allows dogs within a designated outdoor dining area shall comply with the following requirements:
(a)
Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog, and before entering other parts of the public food service establishment from the designated outdoor area.
(b)
Employees are prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or while handling tableware.
(c)
Patrons in a 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 dining area.
(d)
Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.
(e)
Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.
(f)
Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings.
(g)
Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.
(h)
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.
(i)
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.
(j)
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 city.
(k)
A sign or signs notifying the public that the designated outdoor dining area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice.
(l)
Employees or patrons shall not permit dogs to be in, or to travel through, indoor or non-designated outdoor portions of the public food service establishment.
v.
Complaints. Violations of any provision of this section shall be enforced as provided in Article 1, Section 1-8, LDC. 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).
vi.
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.
vii.
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.
18.
Outdoor Storage (as an accessory use). Outdoor storage may be allowed as an accessory use to any commercial or industrial use (except where such accessory use is expressly prohibited by district standards or the principal use standards), subject to the following standards:
a.
Irrespective of the districts in which outdoor storage is shown as allowed by the use tables in Section 5.3, Accessory Uses and Structures, it shall be prohibited on those lots in the South Atlantic Redevelopment Area that abut the west side of Atlantic Avenue or the south side of International Speedway Boulevard.
b.
The total area of outdoor storage areas shall not exceed 35 percent of the total gross floor area of the building(s) containing the principal use(s) of the lot.
c.
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, and not on the roof of a structure.
d.
Goods 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.
e.
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 berm that is at least six feet high in side yards and eight feet high in rear yards, 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.
f.
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.
g.
Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.
h.
No materials may be stored in those parts of an outdoor storage area intended for vehicular or pedestrian circulation.
19.
Outside Parking or Storage of Noncommercial Motor Vehicles, Recreation Vehicles, Boats, or Trailers in Residential Zoning Districts.
a.
Applicability.
i.
General. The standards in this paragraph apply to any noncommercial motor vehicle in excess of one-ton capacity, recreation vehicle, boat, wagon, or trailer parked or stored outside an enclosed structure or carport in a residential zoning district, except where exempted by provision [ii] below.
ii.
Exemptions. The following activities are exempt from the standards of this subsection:
(a)
The active loading, unloading, or cleaning of a recreational vehicle, boat, or trailer on private property in preparation for or following an off-premises trip, where the loading/unloading/cleaning period does not exceed two 24-hour periods in any seven-day period;
(b)
The dockage of a boat used for recreational purposes in a canal or waterway or the landing of such a boat from a canal or waterway by a permanent hoist mechanism;
(c)
The storage of a canoe or kayak; and
(d)
The parking or storage of a light van with a permanently raised roof or other special vehicle for use by a person confined to a wheelchair.
b.
Standards. Outside parking or storage of a noncommercial motor vehicle in excess of one-ton capacity, recreational vehicle, boat, wagon, or trailer in a residential district is allowed as an accessory use, subject to the following standards (unless exempted by provision [ii] above):
i.
The motor vehicle, recreational vehicle, boat, wagon, or trailer may not be parked or stored on a public right-of-way in a residential zoning district for a period of more than two hours on any calendar day.
ii.
The lot on which the motor vehicle, recreational vehicle, boat, wagon, or trailer is parked or stored shall contain a permitted principal structure and not be a vacant lot.
iii.
The motor vehicle, recreational vehicle, boat, wagon, or trailer may be parked or stored only in a rear or interior side yard.
iv.
Any motor vehicle, recreational vehicle, boat, wagon, or trailer parked or stored in a garage or carport shall not project horizontally beyond the roofline of the garage or carport.
v.
A boat shall be parked or stored on a trailer.
vi.
A motor vehicle, recreational vehicle, boat, wagon, or trailer parked on a lot shall:
(a)
Have current, valid license plates or decals attached to and visible from outside of the motor vehicle, recreational vehicle, boat, wagon, or trailer;
(b)
Be owned by an occupant of the property on which it is parked or stored;
(c)
Be placed on the lot in a neat and orderly manner, and if collapsible, in a collapsed state;
(d)
Be maintained in a moveable condition, with mounted and inflated tires;
(e)
Not be undergoing construction, reconstruction, or repair work other than minor repairs (e.g., tune-ups and similar ignition work, lights, changing fluids, starters, alternators, routine adjustments, tire changes, brake repairs) being performed on it outside an enclosed structure or carport;
(f)
Not be stored on jacks or blocks except during active loading or unloading; and
(g)
Not extend over a public right-of-way.
vii.
No parked or stored motor vehicle, recreational vehicle, boat, wagon, or trailer shall be inhabited as a principal residence. Recreational vehicles and boats may be connected to utilities as needed to replenish supplies in preparation for or following an off-premise trip.
20.
Outside Parking or Storage of Commercial Vehicles in Residential Zoning Districts.
a.
Applicability.
i.
General. The standards in this paragraph apply to any commercial vehicle (as defined in Section 11.5, Terms and Uses Defined) that is parked or stored outside an enclosed structure or carport in a residential zoning district, except where exempted by provision [ii] below.
ii.
Exemptions. The following commercial vehicles are exempt from the standards of this paragraph:
(a)
Delivery service vehicles making a pickup or delivery to the property on which they are parked for the time reasonably necessary to provide that service;
(b)
Commercial vehicles providing a service to the property on which they are parked for the time reasonably necessary to provide that service;
(c)
Official vehicles of governmental agencies; and
(d)
Commercial vehicles being used for construction activities on the property on which they are parked, provided the construction is pursuant to a valid and current City permit and parking of such vehicles is limited to the hours between 7:00 a.m. and 10:00 p.m.
b.
Standards. The outside parking or storing of a commercial vehicle in a residential zoning district is allowed as an accessory use, subject to the following standards (unless exempted by provision [a.ii] above):
i.
The commercial vehicle may not be parked or stored on a public right-of-way for a period of more than two hours on any calendar day.
ii.
The commercial vehicle may be parked or stored only in a rear or interior side yard.
iii.
The lot on which the commercial vehicle is parked or stored shall contain a permitted principal structure and not be a vacant lot.
iv.
Any commercial vehicle parked or stored in a garage or carport shall not project horizontally beyond the roofline of the garage or carport.
v.
A commercial vehicle parked or stored on a lot in a residential zoning district shall:
(a)
Have current, valid license plates attached to and visible from outside of the vehicle;
(b)
Be principally used by an occupant of the property on which it is parked;
(c)
Be maintained in a moveable condition, with mounted and inflated tires;
(d)
Not be undergoing construction, reconstruction, or repair work other than minor repairs (e.g., tune-ups and similar ignition work, lights, changing fluids, starters, alternators, routine adjustments, tire changes, brake repairs); and
(e)
Not extend over a public right-of-way.
21.
Produce Stand. A produce stand is allowed as an accessory use, provided it:
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 on a private lot of record within a commercial or industrial zoning district, a parking lot, a public plaza, or some other public space.
d.
Shall be located under a roof or canopy;
e.
Shall be located within 30 feet of the principal use building;
f.
Shall not be located along major arterial and collector roads where parking facilities are not provided;
g.
Be limited to the retail sale of agricultural products;
h.
Be located to minimize the visual impact of the structure from adjacent public streets;
i.
Provide adequate ingress, egress, and off-street parking areas;
j.
Shall met regulations of the State department of health; and
k.
Are subject to the sign standards in Section 6.10, Signage.
22.
Rainwater Cistern. An aboveground rainwater cistern is allowed as an accessory use or structure to any principal use or structure, provided it shall:
a.
Be located directly adjacent to the principal structure on a lot;
b.
Not be located within required front, side, or rear yards, unless the cistern is underground or less than five feet in height;
c.
Be affixed to the principal structure or accessory structure so as to capture rainwater from the structure's gutter system; and
d.
Not serve as signage.
23.
Refuse or Recycling Drop-Off Station. A refuse or recycling drop-off station is allowed as an accessory use or structure to any principal use or structure, subject to the following standards:
a.
Must comply with all applicable City solid waste regulations in accordance with Chapter 78 of the City Code of Ordinances.
b.
All drop-off containers and storage bins, with the exception of roll-out carts located in townhouse and multifamily developments and recycling containers located on education use sites, shall be located within an enclosed structure or screened from view with fencing or plantings that have a height that encompasses the full height, length, and width of the container or storage bin. If plantings are used, the plants must reach the required height within three years of planting.
c.
Roll-out carts shall be a neutral or earth tone color, not be visible from a public street, and be located within the interior of the development.
d.
Gates intended for service access to the drop-off station shall provide an opening at least ten feet wide; a separate gate is recommended for daily disposal use in order to prevent excess wear on the service gate.
e.
Where a gate in the screening faces the public right-of-way, the gate shall be closed and latched at all times except two hours prior to a scheduled collection time and one hour after collection.
f.
All drop-off containers, bins, and roll-out carts shall have a lid or otherwise be covered.
g.
The station shall be kept free of litter, debris, and residue.
h.
Excluding screening, refuse and recycling drop-off stations shall occupy no more than 500 square feet.
i.
The station shall not occupy or block access to parking spaces or aisles.
j.
The station shall not use portable shipping containers or tractor trailers for storage.
24.
Retail Merchandising Units (as accessory to hotel mixed use development). Freestanding retail merchandizing units such as kiosks, carts, or similar vending structures designed to serve pedestrian traffic internal to a hotel mixed-use development are allowed outdoors as an accessory use to such development, subject to the following standards:
a.
Each unit shall be approved as part of the hotel mixed-use approval or as an amendment thereto.
b.
Units shall be used solely for retail sales of merchandise or food/beverage service.
c.
No alcoholic beverages shall be served from the units except when used in conjunction with outdoor guest recreation sales and service authorized in accordance with Section 5.2.B.24.b.ii(b)(4).
d.
No more than four units per hotel mixed-use development shall be permitted.
e.
No unit shall exceed 50 square feet in area or eight feet in height.
f.
Units shall be constructed of high quality durable materials suitable for extended outdoor use. The graphics, colors and design of any units shall complement the overall design of the hotel mixed-use development.
g.
Units may display no more than four wall or awning style signs with a total sign area of no more than 32 square feet. No single sign shall exceed 16 square feet in area. A-frame lean-to, bandit-signs or any types of sign not mounted to and supported by the unit are prohibited. Banners, pennants or flags attached to the unit are prohibited.
h.
Units shall not be located in such a manner to cause congestion or block pedestrian traffic on any sidewalk or walkway. Units shall not be located in any parking spaces, driveways, drive aisles, or landscaped areas.
i.
No unit shall be located within 35 feet of the Atlantic Avenue right-of-way or ten feet of any other public right-of-way.
j.
Units shall be designed so that they can be relocated to a protected location or otherwise secured in the event of severe windstorms.
25.
Retail Sales (as accessory to manufacturing uses). Retail sales of manufactured goods and all other retail sales are allowed as an accessory use in industrial zoning districts in accordance with the following:
a.
Retail sales of souvenir promotional items (e.g., t-shirts and glassware) and beer produced on-site are allowed as accessory uses to a brewery in the M-4 District provided:
i.
The sales occur in a taproom with a floor area not exceeding 25 percent of the total floor area of the brewery use; and
ii.
Additional off-street parking is provided for the accessory sales use at a ratio of 35 spaces per 1,000 square feet of taproom floor area.
b.
Retail sales of manufactured goods developed on-site are allowed as an accessory use to other uses in industrial zoning districts provided:
i.
A maximum of 33 percent of the floor area of the building shall be available for a retail showroom or sales space;
ii.
In buildings with multiple occupancy, no tenant or licensee shall have a customer showroom greater than 33 percent of the floor area occupied by the business;
iii.
Additional off-street parking shall be provided for the retail customer showroom in accordance with the retail use parking requirements;
iv.
With the exception of building materials, all goods shall be stored indoors or in rear yards which meet the screening requirements for such use;
v.
No merchandise shall be displayed behind windows facing a public right-of-way in a manner which allows the displays to be visible from the right-of-way; and
vi.
Signage identifying the retail activity is prohibited.
c.
All other retail sales are allowed as an accessory use in industrial zoning districts provided:
i.
No entrance shall be permitted directly from the street to the accessory use;
ii.
No sign relating to the accessory use shall be visible from the outside of any building;
iii.
Retail customers shall not have access to other storage areas, and retail displays shall not be placed in other storage areas;
26.
Satellite Dish. A satellite dish is allowed as an accessory use or structure to any principal use or structure. A satellite dish greater than one meter in diameter in a residential zoning district, or a satellite dish greater than two meters in diameter in a nonresidential zoning district, shall comply with the following standards to the extent such compliance does not unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of the dish, or preclude reception of an acceptable quality signal. These standards shall not be interpreted or enforced in any manner contrary to federal or State law.
a.
In a residential zoning district, a satellite dish may be located within a required interior side yard or rear yard, but shall not:
i.
Be located within a front yard or street side yard;
ii.
Be located within five feet of any lot line; and
iii.
Exceed a height of 15 feet above ground level, where mounted on a mast.
b.
A satellite dish may be located on the roof of a principal structure, provided it shall not extend more than 15 feet above the roof surface.
27.
Solar Energy Collection System. A solar energy collection system is allowed as an accessory use or structure to any principal use or structure, subject to following standards.
a.
The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in Section 5.3.B. 2.b, Location of Accessory Uses and Structures.
b.
The system shall comply with the maximum height standards for the zoning district in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.
c.
Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.
d.
The area of the system shall not exceed one-half the footprint of the principal structure or 600 square feet, whichever is greater.
e.
The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy collection system, and shall record any such solar easement with the Volusia County Clerk of the Circuit Court and submit a copy to City staff.
28.
Swimming Pool, Spa, or Hot Tub. A swimming pool, spa, or hot tub is allowed as an accessory use or structure provided it complies with all applicable standards in the Building Code—including, but not limited to, barrier requirements and the following locational and screening requirements:
a.
Swimming pools, spas, or hot tubs and related enclosures erected around swimming pools may be located within rear or side yards.
b.
The swimming pool, spa, or hot tub shall be set back from all property lines at least six feet.
c.
The enclosure around the swimming pool, spa, or hot tub shall be set back from all property lines at least three feet.
d.
Solid-face construction on any swimming pool, spa, or hot tub enclosure within a required yard area shall be a maximum height of four feet.
29.
Television or Radio Antenna. A television or radio antenna is allowed to be attached to a principal structure provided it is located on a side or rear elevation of the structure and extends no more than 15 feet above the highest point of the structure.
30.
Vending Machine. A vending machine is allowed as an accessory use, subject to the following standards.
a.
Vending machines and refrigerated storage machines, except newspaper machines, shall be permitted on the exterior of commercial or retail service and sales uses only if they are fully screened or otherwise not visible from the public right-of-way.
b.
Vending machines shall be screened on all sides by a wooden or cyclone slat fence, brick, stone, concrete or shrubbery.
c.
One identification sign no larger than three inches by 12 inches shall be permitted on screening material.
(Ord. No. 16-26, § 1, 1-20-2016; Ord. No. 18-138, § 1, 4-18-2018; Ord. No. 18-409, § 6, 12-5-2018)