CHAPTER 9                                           

                                                                       MISCELLANEOUS REGULATIONS

SECTION 1:  IMPERVIOUS SURFACES

a)             Impervious surfaces are allowed within building setbacks and easements. The impervious surface may abut the adjoining property line only if the lot size is equal to or less than 6,900 square feet provided that a curb (3" high, 6" wide) is constructed along the adjacent property line to direct water from adjacent property.

b)            A covenant of removal will be required from the applicant prior to permit application if placement of impervious surface is within a utility easement, and the property owner will be held responsible for any replacement or repair of impervious surface if maintenance within the easement is required.

SECTION 2:  ACCESSORY USES AND STRUCTURES

a)             In General.  Specific accessory uses and structures shall comply with the following regulations.

b)            Principal Use Required.  No accessory structure or use shall be permitted on any lot without an established principal use on the same lot within the applicable zoning district.  Accessory uses and structures shall:

                1)             Be customarily incidental to the principal use established on the same lot.

                2)             Be subordinate to and serve such principal use.

                3)             Be subordinate in area, extent and purpose to such principal use.

                4)             Contribute to the comfort, convenience or necessity of users of such principal use.

c)             Permit Required

                No accessory structure shall be authorized on any lot without the appropriate building permit.

d)            General Provisions

                1)             Outside storage is generally prohibited, except as permitted herein.  For purposes of this section, carports shall not be considered outside storage.

                2)             Signs, fences, walls, parking and loading areas, and other such features which are typically located within required yard areas shall comply with the applicable provisions of this Code for such uses and structures.

                3)             Any specific accessory use or structure which is not addressed within this chapter shall not be located on any lot.

e)             Size Limitations

                No enclosed, unattached accessory structure (such as a guest house) shall cause the impervious coverage to exceed the maximum allowed for the specific district per the Zoning chapter.

f)             Setbacks               

                This section provides for accessory structures to be located per required building setback areas according to the zoning district in which the principal use is located.  Recorded easements and required landscape buffers  may supersede the minimum dimensions permitted.

g)            Structure Height

                1)             In General.  Unless otherwise described in this section, the maximum permitted height for any structure shall be as outlined in the Schedule of Dimensional Requirements in the Zoning District Regulations chapter.

                2)             Established Height for Specific Structures

h)            Outside Storage

                Outside storage of new and used equipment and materials shall be regulated as follows:

                1)             Residential Uses.  Outside storage of materials and equipment shall be restricted to the rear yard,  screened and not visible from any public right-of-way or adjoining lot.  This provision shall not apply to the regular parking or storage of licensed and operable motor vehicles, boats, recreational vehicles and other such vehicles which are regulated by other Town codes.  Specifically prohibited is the outside storage of appliances, unlicensed or inoperable motor vehicles, motor vehicle parts, and equipment and materials used as part of a business conducted off-site.

                2)             Office Uses.  Outside storage of equipment or materials shall not be permitted for office uses.

                3)             Commercial Uses.  Outside storage of equipment and materials shall be permitted for commercial uses as specified below:

                                A)           Display of landscape or garden supplies, outdoor recreational equipment, and lawn equipment located in designated areas approved for such display as part of a development plan.

                                B)            Display of new and used motor vehicles, boats, recreational vehicles, mobile homes, and other such vehicles located in designated area approved for such display as part of a development plan.

                                C)            Storage of licensed and operable motor vehicles, boats, recreational vehicles and other such vehicles located in designated areas approved for such storage as part of a development plan.

                                D)            Display setups of products customarily used out of doors such as pools, spas, lawn furniture, concrete fixtures and other similar items.

                                E)            Special sales events and other such uses when permitted by special exception or approved as part of a development plan.

                                F)            Storage of licensed and inoperable motor vehicles awaiting repair within screened areas on the site of motor vehicle repair facilities and motor vehicle service centers, provided that no such vehicle shall be stored for more than forty-five (45) consecutive days.

                4)             Industrial Uses.  Outside storage of equipment or materials shall be permitted for industrial uses, when in compliance with the following requirements.

                                A)           All storage areas shall be  screened or landscaped with materials of sufficient maturity, density and height to screen such areas from any public right-of-way or adjoining property, unless the property is an industrial use.

                                B)            Screening shall not be required around storage areas for licensed, operable motor vehicles and landscape materials.

SECTION 3:  HOME OCCUPATIONS

a)             Intent.  The purpose of this Section is to accomplish the following:

                1)             Permit residents of the Town a broad choice in the use of their homes as a place of livelihood and in the production or supplementing of personal and family income.

                2)             Protect residential areas from adverse impacts of activities associated with home occupations.

                3)             Establish criteria and development standards for home occupations conducted in residential uses.

b)            License Required

                No home occupation shall be permitted without the appropriate occupational license.

c)             Permitted Home Occupations

                1)             Office Uses.  Professional and business office activities that do not involve clients, customers, or employees visiting the premises.

                2)             Off-Site Sales.  Customary hobby crafts produced at hobbyist volumes in the home by family members.

                3)             Off-Site Services.  Services to other homeowners that does not involve the use of tools or machinery in size or numbers beyond that customarily found in a residence of that size.

                4)             Family Child Care Home.  No more than five (5) children including those related to the resident care giver and child care is provided for a period of less than 24 hours a day on a regular basis.

d)            Prohibited Home Occupations

                1)             Motor vehicle and boat repair or painting; vehicle customization to include but not be limited to installation of accessories such as lights, sirens, car phones, etc.

                2)             Beauty and barber shop, nail technician, masseuse or any other personal service.

                3)             Child care center or nursery school.

                4)             Amplified musical instrument instruction.

                5)             Dance and non-amplified musical instrument instruction (except private tutoring of no more than one (1) student per session).

                6)             Photography studio.

                7)             Real estate sales and brokerage.

                8)             Retail sales (except garage sales).

                9)             Upholstering/furniture re-finishing.

                10)           Welding.

                11)           Taxidermy.

e)             Restrictions

                Home occupations are permitted as accessory uses in all residential zones and subject to the following restrictions.

                1)             No persons other than members of the family residing on the premises shall be engaged in the home occupation.

                2)             The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its residential use, and there shall be no change in the appearance of the dwelling or outside evidence of non-residential use.

                3)             Any business that involves storage, processes, employees, equipment or any other activity not permitted by this Section shall provide proof of a properly zoned and licensed business location housing those activities.

                4)             No home occupation shall occupy more than twenty (20) percent of the air conditioned first floor area of the residence.  New construction of additional air conditioned floor space shall not be eligible for this definition for two (2) years after its completion according to the date of the Certificate of Occupancy.  No accessory structure shall be used as part of a home occupation, except for the storage of customary homeowners tools and equipment.

                5)             There shall be no display of products visible in any manner from the outside of the dwelling.

                6)             No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

                7)             There shall be no storage of equipment or supplies associated with the home occupation outside the dwelling.

                8)             No home occupation shall generate traffic on a regular basis greater than that customarily generated by the type of residence involved.

                9)             No equipment or process shall be used in a home occupation which creates excessive noise, vibration, glare, fumes, or odor detrimental to the health, safety, morals, comfort, and general welfare of persons residing in the neighborhood.

                10)           No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, electricity and garbage collection) or any facility subject to concurrency so that the combined total use for dwelling and home occupation purposes exceeds the customary average for similar type residences within the Town.

SECTION 4:  FENCES AND WALLS

a)             Permit Required

                A permit is not required for fences.  A building permit is required prior to construction of a wall.

b)            In General

                All fences and walls shall be constructed in compliance with applicable building codes and in accordance with the following dimensional and use regulations.

c)             General Provisions

                1)             Restrictions

                                A)           No electrified fences, barbed wire, razor wire or similar material shall be allowed in residential districts.  Temporary security fencing may be allowed for construction sites or perimeter fencing for undeveloped land in residential zones.

                                B)            Barbed wire, razor wire, hog wire and chicken wire shall be prohibited for commercial uses, except when installed at six (6) foot height or greater.

                2)             Height

                                A)           For residential uses, no permanent fence or wall shall exceed eight (8) feet in height in rear or side yards.

                                B)            For residential and commercial uses, no permanent fence or wall shall exceed four (4) feet in height in front setback, front yard, or side yards abutting rights-of-way unless part of a PUD.

                                C)            For commercial and industrial uses, no permanent fences or wall shall exceed ten (10) feet in height in side and rear yards unless approved as part of a development plan.

                3)             Location

                                A)           No permanent fence or wall, including subdivision perimeter walls, shall be located closer than six (6) inches from any right-of-way line, except as allowed in PUD as described below.

                                B)            No permanent fence or wall shall be located within areas required to provide clearance for visibility in accordance with section later in  this chapter.

                                C)            Location of fence or wall shall be the responsibility of the owner and in no way encroach onto another property or public right-of-way.

                4)             Exemptions

                                A)           Customary fencing around tennis courts and other approved recreational amenities shall be exempt from height restrictions.

                                B)            Fences required or installed to provide rear lot screening of double frontage lots shall be exempt from right-of-way setback requirements.  However, such fences shall comply with requirements to provide visibility clearance at intersections as described in sections later in this chapter.

                                C)            Agricultural fences shall be exempt from requirements.

                                D)            Any PUD shall be exempt from all requirements except those which are a part of the approval.

SECTION 5:  VISUAL CLEARANCE

The following areas shall be designed and maintained to allow visibility between four (4) feet and eight (8) feet above the grade of the road.  Tree trunks trimmed of foliage to eight (8) feet, and newly planted landscape material with immature crown development shall be exempt.

a)             At the intersection of two public rights-of-way, a triangle described by the intersection of the right-of-way lines extended, and a line joining points on those lines twenty five (25) feet from said intersection.

b)            At the intersection of a private driveway and a public right-of-way, a triangle described by the intersection of the edge of the driveway and the edge of pavement and a line joining points on those lines ten (10) feet from said intersection.

c)             In cases of County or State Roads, minimum sight distances necessary to satisfy the requirements of the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Manual of Uniform Standards for Design, Construction and Maintenance For Streets and Highways, latest edition, shall be maintained.  Additional clear zone areas may be required based on the specific geometry of a particular location.

SECTION 6:  NON-CONFORMING MANUFACTURED HOME SITES

This section provides for the repair, replacement or improvement of manufactured homes which were in existence prior to the adoption of this Code and which cannot meet the current requirements of this Code.  Manufactured homes may be repaired, replaced and improved when the setbacks are less than that required in the Zoning District Regulations of this Code, as follows:

a)             In any zoning district an existing manufactured home may be:

                1)             Repaired.

                2)             Improved by up to fifty percent (50%) of its present value; however, these improvements may not increase the size of the structure.

b)            In zoning districts that allow manufactured homes per the Zoning District Regulation chapter of this Code, existing manufactured homes:

                1)             May be repaired.

                2)             May be replaced by a new manufactured home.

                3)             May have any amount of improvements done to them, regardless of value.

c)             Setback Requirements

                The setbacks of the replacement, repair or improvements shall be substantially the same as the nonconforming setbacks as previously approved or, if no approval documents are available, the following shall apply:

                1)             Ten (10) feet between sides of mobile homes, including all unenclosed accessory structures.

                2)             The end to end clearance shall be no less than twenty (20) feet.

                3)             The front yard setbacks shall be:

                                A)           Local Roadway - Twenty-five (25) feet.

                                B)            Collector Roadway - Thirty-five (35) feet.

                                C)            Arterial Roadway - Fifty (50) feet.

                                D)            Interior paved streets - Twenty (20) feet.

d)            Submittal Requirements

                1)             Any manufactured home park existing at the time of adoption of this Code, and requesting  setbacks less than those allowed in this Code, shall submit a completed Master Park Plan showing, at a minimum, the following:

                                A)           The location of all manufactured homes, accessory structures and buildings in the park and the park boundaries.

                                B)            The setbacks of each manufactured home and its attached accessory structures from roads within the park, park boundaries, other  manufactured homes, accessory structures and buildings.

                                C)            North arrow, scale and date.

                                D)            The name of the property owner and legal description of the property.

                                E)            The location of existing landscaped areas, if any.

                                F)            The location of all streets and parking areas.

                2)             Any other manufactured home site existing at the time of adoption of this Code, and requesting setbacks less than those allowed in this Code, shall submit a site plan showing, at a minimum, the following: