Common building appurtenances, freestanding structures, and site amenities (excluding walls and fences) shall be allowed in all zoning districts within all required yard setbacks unless specifically stated otherwise as contained herein. In all instances, the aforementioned shall not abridge any easement rights without express written consent from the affected utility company or governing entity having jurisdiction over such easement. Any proposed building appurtenance, freestanding structure, or site amenity that decreases the permeable land area in excess of eight hundred (800) square feet on any given parcel shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII, Section 3.G. and the Engineering Design Handbook and Construction Standards. This review requires the submittal of a drainage plan prepared by a licensed professional engineer based on the design standards referenced above. No building appurtenance, structure, or site amenity shall be installed, erected, or constructed prior to the construction of the principal building unless otherwise contained herein.
A. Building Appurtenances. The following regulations shall apply, where applicable:
1. Architectural Features. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections, meters, sand boxes, light fixtures, hardware, bay windows, balconies, dripcaps, telephone and cable boxes, electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and ornamental architectural features shall not extend, protrude, project, or overhang into any required yard setback by more than three (3) feet.
2. Awnings, Canopies, and Shutters. Awnings, canopies, and shutters (storm or decorative) shall not protrude into any required yard setback by more than three (3) feet; however, no setback adjacent to a right-of-way shall be required where located in the Urban Commercial District Overlay Zone (UCDOZ) or any "urban" mixed use district. In these instances, awnings, canopies, and shutters may extend into an abutting right-of-way, contingent upon the approval of the entity having jurisdiction over the right-of-way. The owner shall obtain all necessary approvals and permits where awnings, canopies, and shutters protrude into a public right-of-way and must be moved or removed immediately upon request of the city or entity having jurisdiction over such right-of-way.
3. Chimneys. Chimneys shall not protrude into any required yard setback by more than three (3) feet.
4. Fire Escapes and Unenclosed Staircases. Fire escapes and unenclosed staircases shall not protrude into any required yard setback by more than four (4) feet.
B. Decks, Patios, Porches, Steps, Stoops, and Terraces. Unless otherwise regulated by a master plan or site plan for a planned development, minimum setbacks shall be as follows:
1. Unenclosed and Uncovered: a. two (2) feet from any property line if less than or equal to one (1) foot in height; b. three (3) feet from any property line if greater than one (1) foot but less than or equal to three (3) feet in height; and c. the minimum setbacks required for the principal building if greater than three (3) feet in height.
2. Unenclosed and Covered:
a. Unenclosed and covered porches and patios may extend into the building setback by a maximum of 10 feet, but shall not extend closer than 15 feet from the property line. The measurement shall be from the leading edge of the structure to the property line, or the edge of roadway in instances when the property line extends to the center of the abutting roadway, unless the methodology for measuring is otherwise stated on a corresponding plat or master plan.
b. Porch and patio steps may encroach an additional 4 feet into the setback.
c. Roof additions must be structurally-integrated or attached with architecturally compatible materials to the principal structure.
d. The covered porch shall remain an open-air structure and at no time shall the structure be enclosed in any manner, including solid walls or screen materials.
The aforementioned setbacks may be further reduced, but only in connection with a swimming pool as provided for in accordance with Section 3.D. below. In both instances, however, they shall be maintained and drained so as to prevent nuisance conditions to the public and/or abutting property owners. Driveways for residential off-street parking areas shall be regulated in accordance with Chapter 4, Article V, Section 2.B.
C. Screened-Roof Enclosures. Screened-roof enclosures shall be setback at least six (6) feet from the rear property line; however, such setback may be reduced to three (3) feet in instances where the rear yard of the subject property abuts a body of water, golf-course, park, interstate or railroad right-of-way, commercial or industrial property, or the perimeter wall of a non-residential development. Unless otherwise regulated by a master plan or site plan of a planned development, screened-roof enclosures shall comply with the interior side yard setback required for the principal structure. No screened-roof enclosures shall be allowed within the required front or side corner yard, including forward of the front or side corner building line, or within a perimeter landscape buffer.
D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site plan for a planned development, in-ground and above-ground swimming pools and spas (less than thirty-six (36) inches in height) shall be setback at least eight (8) feet from rear and side interior property lines; however, such required setbacks may be reduced to two (2) feet in instances where the rear or side interior yard, whichever is applicable, abuts a body of water, golf-course, an improved road, railroad, or highway right-of-way, or a non-residential property. The required setback may be further reduced in such situations, but only upon the determination of the Director of Planning and Zoning when determined necessary to 1) comply with all applicable rules and regulations; 2) be of minimum scale that will make possible the reasonable use of land; and 3) have no impact to abutting properties.
For clarification, the provision to reduce setbacks shall only be available within the yard(s) along property lines abutting the qualifying undevelopable or non-residential lands. Above-ground swimming pools and spas greater than thirty-six (36) inches in height shall be setback ten (10) feet from rear and side interior property lines. Swimming pools and spas shall be restricted to rear and interior side yards, except in circumstances as noted below on corner lots.
To provide flexibility on corner lots while also preserving the intended appearance of the streetscape, an in- ground pool or spa shall be allowed in the front and corner side yards, with a minimum setback of fifteen (15) feet from the property line abutting the right-of-way, when the orientation of the house and site improvements preclude the siting of an in-ground pool and/or spa within the rear or interior side yards. The swimming pool must be screened with an opaque fence, wall, or dense landscaping installed at a minimum of four (4) feet in height (note that other regulations may be applicable for fence heights and setbacks within the Supplemental Regulations section of the Land Development Regulations). No appurtenance associated with the pool may extend above the height of the visual screening installed (i.e., screen enclosure, shade structure/tiki hut, or other similar equipment/structure), unless elsewhere permitted in the Land Development Regulations.
1. Private Pump Housing and Equipment. Private pump housing and equipment for swimming pools (and spas) shall be setback at least three (3) feet from the rear and interior side property lines and adequately screened where visible from abutting rights-of-way or properties zoned for single-family residential dwellings. Private pump houses and equipment shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process.
2. Miscellaneous. See the Florida Building Code for additional regulations regarding barrier requirements around a swimming pool.
E. Sheds and Storage Containers.
1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be designed either attached (to) or detached from the principal building, and shall comply with the following regulations:
a. Location and Size.
(1) Sheds and storage structures shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines except as follows:
(a) In order to provide relief for those properties with restricted development footprint as a result of providing two (2) front setbacks from abutting rights-of- way, a shed or storage structure that is one hundred (100) square feet or less may be placed in a side corner yard, provided it is setback a minimum of twelve and one-half (12.5) feet from the side corner property line, and no closer than twenty-five (25) feet from the front property line. A maximum of one (1) shed may be permitted within this reduced setback. Please refer to Section 3.E.1.c. below for proper screening requirements;
(2) Sheds and storage structures that are one hundred (100) square feet or less shall be setback at least three (3) feet from the rear and interior side property lines. The maximum height of any shed or storage structure shall be eight (8) feet for flat roofs or a mean height of nine (9) feet for sloped roofs;
(3) Sheds and storage structures greater than one hundred (100) square feet or in excess of the height restriction of subparagraph E.1.a.(2) above shall comply with the minimum setbacks required for the principal building. The maximum allowable height of the shed or storage structure shall not exceed the zoning district regulations for which it is located or the roofline of the principal building, whichever is more restrictive; and
(4) All attached sheds or storage structures shall have exterior access only; no access from within the principal building is allowed.
b. Number of Structures. A lot may contain more than one (1) shed or storage structure; however, any additional structure shall comply with the minimum setbacks required for the principal building, regardless of size.
c. Screening. Sheds and storage structures shall be effectively screened with a wall, fence, landscape material, or a combination thereof, installed at a height no less than one- half the height of the shed or storage structure, where visible from an abutting property or right-of-way.
d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of mobile and temporary storage container units. Sheds and storage areas that are designed and used in connection with fire escapes or unenclosed staircases shall be regulated in accordance with Section 3.A.4. above.
2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container units shall only be allowed in residential zoning districts and must comply with the following regulations:
a. Number of Units. Only one (1) mobile or temporary storage container unit may be allowed per lot for a single-family or duplex home. A maximum of two (2) units may be allowed at any given time within multi-family developments.
b. Location. Mobile or temporary storage container units shall not be located within rights-of-way and must comply with the following location criteria:
(1) Single-family or Duplex Homes. The units shall only be allowed within the required front or corner side yards if placed on a driveway or other hard surfaced area, and setback at least five (5) feet from any property line. The unit shall not be allowed within the required rear and side interior yard, or the space allotted for the principal building.
(2) Multi-family Developments:
(a) The location of units shall be restricted to guest parking spaces or other designated overflow parking areas;
(b) The location of the units shall not interfere with any emergency or service vehicle operations;
(c) The units shall be setback at least five (5) feet from all property lines;
(d) The units shall not be placed in tandem with each other within one (1) parking space; and
(e) The units shall not be stacked on top of each other.
c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the following dimensions:
(1) Maximum width of eight (8) feet;
(2) Maximum depth of sixteen (16) feet;
(3) Maximum height of eight (8) feet; and
(4) Maximum floor area of one hundred twenty-eight (128) square feet.
d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain on a property shall be forty-five (45) days.
e. Maintenance. The mobile or temporary storage container unit shall be maintained in good condition, free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept locked when not in use.
f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no hazardous substances shall be stored or kept in the mobile or temporary storage container unit.
F. Arbors, Trellises, and Pergolas. Arbors, trellises, and pergolas shall be setback at least three (3) feet from any property line, unless otherwise regulated by a master plan or site plan of a planned development. No setback is required along the front or corner side property lines if the structure is located at a pedestrian access point that directly connects to an abutting sidewalk, and when the use and design of such structure is utilized for nostalgic purposes to better achieve the exterior building and site design standards of Chapter 4, Article III, Section 1.A. In these instances, the maximum dimensions shall be as follows:
1. Maximum width between supporting columns – five (5) feet;
2. Maximum depth between supporting columns - five (5) feet; and
3. Length of cross-members at the top of the structure – eight (8) feet.
The maximum height of arbors, trellises, and pergolas shall be ten (10) feet; however, a greater height may be allowed if the structure is an extension of an eave or facia of a one (1)-story principal building. In these instances, the maximum height shall not exceed the mean roof height of the principal building.
G. Open Air Structures and Gazebos. Open-air structures and gazebos, as defined in Chapter 1, Article II, shall comply with the following regulations:
1. Applicability.
a. All open-air structures, excluding qualified chickee and chiki huts, must be permitted in accordance with the city's Zoning Regulations and the Florida Building Code.
b. Open air structures intended to qualify as a chickee or chiki hut (see Chapter 1, Article II, Definitions) must be reviewed for consistency with the regulations of this section and Florida Statutes. The issuance of a zoning verification letter from the Planning and Zoning Division will represent a determination of consistency. The following information must be submitted for approval:
(1) A site plan or survey that includes scaled dimensions of the proposed structure including setbacks;
(2) Proof that the builder is a member of either the Miccosukee or Seminole Indian Tribes of Florida. This shall be a copy of the tribal members identification card; and
(3) Drawings or images of the proposed structure indicating the open design, roof materials, and height.
2. District Regulations.
a. Single-family and Single-family/Two-family Zoning Districts. In single-family and single-family/two-family residential zoning districts, an "open-air" structure, which does not exceed one hundred fifty (150) square feet in floor area and twelve (12) feet in height measured at the mean roof height for sloped roofs, shall be located according to the following standards:
(1) The side setback shall be allowed to follow the existing wall of the principal building provided it does not further encroach into the setback or shall meet the minimum side setback requirement, whichever is least restrictive.
(2) The rear setback shall be eight (8) feet; however, in instances where the rear yard abuts a body of water, golf course, park, interstate or railroad right-of-way, commercial/industrial property, or the perimeter wall of a development abutting other than residential property, the rear setback my be reduced to three (3) feet.
(3) The proposed structure must be located a minimum of three (3) feet from any principal, accessory or other building and structure on the property.
(4) For all cases in which the total square footage of one (1) or more open-air structure or combination of such structures exceeds one hundred fifty (150) feet of floor area, or exceeds twelve (12) feet in mean roof height, the principal building setback of the zoning district in which it is located shall apply.
(5) The open-air structure shall not be placed forward of the front or corner side building line, within a utility or drainage easement, or in a required landscape buffer.
b. Planned Developments. Open air structures are allowed within rear and interior side yards of individual lots within planned residential developments. The required setbacks shall be determined by the approved master plan or site plan; however, in no case shall they be allowed forward of the front or corner side building line. If the master plan or site plan is silent relative to these accessory structures, and if their respective governing association has not adopted specific provisions or standards for such accessory structures, their installation shall only be in conformance with the approved building setbacks on the approved plan.
c. Other Districts. The installation of such structures in multi-family residential, mixed use, commercial, and industrial zoning districts shall meet all building setback regulations for the zoning district in which it is located. In addition, the proposed structure must be located a minimum of twenty-five (25) feet from the principal building(s) on the property and from another such structure. The city shall consider other distances calculated by a licensed fire protection engineer in accordance with NFPA 80A Protection of Buildings from Exterior Fire Exposures.
3. Methodology. The square foot area of the open-air structure shall be determined from the dimensions taken from inside the support posts, provided the roof overhang does not exceed three (3) feet. For those structures that are supported by a single pole (i.e. umbrella shape), the area measurements shall be taken from the drip line of the roof materials.
4. Existing Structures. All chickee/chiki huts constructed prior to the adoption of these Regulations, within single-family and single-family/two-family residential zoning districts, without the benefit of a permit and not in compliance with the zoning regulations noted herein, shall be reviewed for compliance with the qualification requirements for a chickee hut as established by state law. If determined consistent with state law, such structures shall be considered nonconforming structures as defined in the city's regulations. Those improvements determined inconsistent with state law shall be processed in accordance with the following subsection.
5. Removal. Except for those structures qualifying as chickee/chiki huts, all other open-air structures constructed prior to these Regulations without the benefit of a permit and those that do not comply with these Regulations, due to application of permitting requirements, must be removed or brought into compliance with all applicable regulations of the city.
6. Violations. Failure to comply with the provisions of this section shall be considered a violation of the city's Code of Ordinances, and subject the property owner to being cited by the city for failure to comply with these code provisions pursuant to the city's Code Compliance provisions, or any other legal process authorized by law.
H. Barbecue Pits. Barbecue pits and their accessory equipment shall comply with the following:
1. Setback. Setback at least three (3) feet from the rear and interior side property lines. They are not allowed within the required front or side corner yards setbacks, including forward of the front or corner side building lines;
2. Size. Occupy more than one hundred (100) square feet; and
3. Height. Be greater than nine (9) feet in height.
I. Rock Gardens. Rock gardens are allowed within all required yards.
J. Garden. The cultivation area shall be setback a minimum distance or designed (planted) so as to not violate any cross-visibility requirements and safe-sight standards required near vehicular use areas. In addition, the following shall apply:
1. Accessory Garden. None of the common building appurtenances, freestanding structures, site amenities and improvements contained in this section (excluding walls and fences) are allowed on the subject property prior to the issuance of a certificate of occupancy for a principal building. See Section 3.Y. below for additional regulations regarding accessory agricultural structures.
2. Community Garden. None of the common building appurtenances, freestanding structures, site amenities and improvements contained in this section (excluding walls and fences) are allowed on the subject property, except in commercial and mixed use districts. See Section 3.Y. below for additional regulations regarding accessory agricultural structures.
K. Fish and Lily Ponds. Fish and lily ponds are allowed within all required yards; however, the maximum depth shall not exceed eighteen (18) inches. Those which are deeper than eighteen (18) inches shall be treated the same as swimming pools and spas and regulated in accordance with Section 3.D. above.
L. Fountains, Sculptures, and Miscellaneous Art. Unless used in connection with the Arts in Public Places ordinance, all fountains, sculptures, and similar objects of art shall be setback at least ten (10) feet from the front property line and three (3) feet from all other property lines, and must not occupy more than one hundred (100) square feet, or exceed nine (9) feet in height.
M. Playground Equipment.
1. Playground Equipment, Excluding Basketball Goals. Playground equipment, excluding basketball goals, shall comply with the following, where applicable:
a. Residential Uses. When used in connection with residential uses, they shall not be allowed within the required front, corner side, or interior side yards, including forward of the front, corner side, or interior side building lines.
b. Non-residential Uses. When used in connection with non-residential uses, they are allowed within any required yard, but shall be setback at least five (5) feet from any property line.
2. Basketball goals. Basketball goals shall be setback at least fifteen (15) feet from the front and corner side property lines and three (3) feet from the rear and interior side property lines.
N. Flags and Flagpoles. In addition to the standards listed below, the maximum size of any one (1) flag shall not exceed twenty-four (24) square. For the purpose of this subsection, building height shall be construed to be the highest point of the roof.
1. Flagpoles. A flagpole, which contains no more than one (1) structural ground member for support, shall be setback at least ten (10) feet from any property line.
a. Single-Family and Two-Family Residential Districts. Only one (1) flagpole, containing a maximum of two (2) flags, may be erected per lot. The maximum height of a flagpole shall neither exceed the building height nor twenty-five (25) feet, whichever is less. No flags of any commercial nature may be flown on flagpoles located within any of these districts.
b. All Other Districts. Only one (1) flagpole, containing a maximum of two (2) flags, may be erected per lot/development. The maximum height of a flagpole shall neither exceed the building height nor forty-five (45) feet, whichever is less.
c. Certain Uses. A maximum of three (3) flagpoles, containing one (1) flag each, may be erected per lot/development for the following uses (as described by the use matrix (Table 3-28) of Chapter 3, Article IV, Section 3.D.: community facilities, schools (primary and secondary), and post office. Two (2) flags may be flown on single flagpole if only one (1) flagpole is erected for the entire development.
2. Stanchions (Affixed to Buildings). A maximum of two (2) stanchions, containing one (1) flag each, may be allowed per lot/development.
a. Size. The total projection of a stanchion shall not exceed nine (9) feet in length.
b. Maximum Height. The projection of the stanchion, in conjunction with its angle, shall not cause the top of the stanchion to be taller than the existing building height.
c. Minimum Clearance. A minimum dimension of nine (9) feet shall be maintained under the flag, where needed to provide adequate clearance for pedestrians.
d. Location. Stanchions shall only be affixed to principal buildings. They may protrude into any required yard setback but shall not extend outside the property boundaries, except in instances where they protrude into an abutting right-of-way. The owner shall obtain all necessary approvals and permits where stanchions protrude into a public right-of-way.
3. Wireless Communication Facilities. See Section 13 below for regulations regarding flagpoles that are used in connection conjunction with concealed wireless communication facilities.
O. Seawalls, Bulkheads, Docks, and Piers. Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under a permit issued by the Boynton Beach Development Department. Seawalls and bulkheads shall be constructed with the water side face not to encroach over the property line.
The bulkhead line heretofore established within the city limits by Ordinance No. 289 of the city, in accordance with Map No. R-56-006 entitled "Bulkhead Line of the City of Boynton Beach, Florida" dated September, 1956, is hereby ratified and confirmed and said map is hereby adopted by reference and made part hereof. There shall be no bulkhead, seawall, or other structure for land filling into the water of Lake Worth, which shall extend eastward from the existing shoreline other than as shown on the map referred to above.
It shall be required, prior to commencing any operation for land filling within the area as shown on the map described in this section, a permit for land filling, all of which shall be in accord with the directions and approval by the City Commission. The improvement, or fill, shall have a minimum elevation of not less than six (6) feet above mean sea level according to the current U.S. Government Geodetic Survey. Any such applicant shall also be required to comply with all rules, regulations, or other requirements of the Trustees of the Internal Improvement Fund of the State of Florida, U.S. Army Engineers or other governmental body regulating land filling operations of the above nature.
An applicant who proposes a dock within a waterway that is owned by a separate property holder shall obtain written consent from such property holder, prior to the issuance of any permits for the proposed dock. All docks, mooring piles, dolphins, groins, seawalls, jetties, revetments, and similar structures and facilities related thereto, shall not extend farther into the waterway than one-quarter (¼) the width of the waterway for private or commercial docking and mooring facilities.
See City Code of Ordinances Part II, Chapter 9, Article II for fire protection requirements for docks and piers.
P. Light Poles and Portable Landscape Lighting. Light poles and portable landscape lighting are allowed within all required yards.
Q. Mailboxes. Mailboxes shall be allowed in rights-of-way and must comply with federal guidelines. The city shall not be responsible for any damage caused by normal street maintenance to any mailbox that is located within a public right-of-way and does not comply with current federal guidelines.
R. Heating, Ventilation, and Air Conditioner (HVAC) Units. Heating, ventilation, and air conditioner units (including their associated compressors, condensers, intake, and exhaust fans) shall be setback at least three (3) feet from the rear and interior side property lines. HVAC units shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. When used in connection with non-residential uses, HVAC units shall be effectively screened with a wall, fence, landscape material, or combination thereof, where visible from an abutting property or right-of-way. Exhaust fans shall be directed vertically or away from abutting residential properties, where applicable.
S. Utility Transmission Lines. Utility, cable, and telephone lines, including their associated poles are allowed within all required yards.
T. Generators and Storage Tanks. The permanent installation of generators and storage tanks, silos and hoppers shall be allowed if used as a common accessory function to a principal use, and must comply with the following regulations, unless found in conflict with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws:
1. Location. The siting of all generators and storage tanks shall require site plan approval in accordance with Chapter 2, Art. II, Sect. 2.F of these regulations. When practical and not in conflict with other codes and standards, generators and storage tanks shall be placed adjacent to a principal or accessory building to utilize the existing available screening for the structure. All structures regulated by this section shall be setback at least three (3) feet plus an additional one (1) foot for every one (1) foot above a height of 6 feet but not greater than the minimum setback for the principal structure. In all instances, they shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. Additional setback requirements may be deemed necessary by the Planning and Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative.
2. Height. The maximum height for vertical storage bins, silos and hoppers shall be the maximum height for the zoning district, or 10 feet above the principal building, whichever is less. Additional restrictions on height may be deemed necessary by the Planning and Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative.
3. Screening. When used in connection with non-residential uses, generators and storage tanks shall be effectively screened from view with a wall, fence, landscape material, or combination thereof, where visible from an abutting property or right-of-way. Screening shall not be required for vertical storage bins, silos or hoppers if the container is designed compatible with the principal structure (e.g. similar colors and/or materials) and if the tank, including all structural members, filling or emptying equipment and signage are maintained in a clean, rust-free and working condition without any peeling paint, staining or other signs of wear. Additional screening may be deemed necessary by the Planning and Zoning Director to ensure land use compatibility, or to further a redevelopment plan or other city initiative.
4. Noise. In residential zoning districts, emergency generators shall be exempt from the sound rating values set forth in the City Code of Ordinances when operated during power outages. However, in no event shall the sound rating value of emergency generators exceed seventy-two (72) dBA.
5. Testing. In residential zoning districts, emergency generators may be operated for testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven (7)-day period. Testing of emergency generators is permitted between the hours of 10:00 a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is permitted on Sundays or federal holidays.
U. Compost Bin and Tumbler. Compost bins and tumblers shall only be allowed within residential zoning districts. They shall be setback at least three (3) feet from the rear property line and ten (10) feet from the interior side property line. A lesser setback from the interior side property line may be allowed if approved for an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. In these instances, the compost bin or tumbler shall be adequately screened and located no closer than three (3) feet from the interior side property line. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. Regardless however, they shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines. The maximum size of any compost bin or tumbler shall not exceed thirty (30) cubic feet. The contents inside a compost bin or tumbler shall not emit any odor so as to be a nuisance or hazard to the subject property, neighboring lands, or rights-of-way and the use of such bin or tumbler must comply with the city's operational performance standards in accordance with Chapter 3, Article IV, Section 1.
V. Rain Barrel. Rain barrels shall be setback at least four (4) feet from the rear and interior side property lines. They shall not be allowed within the required front or side corner yards, including forward of the front or corner side building lines. The intent of these Regulations is to require the location of the rain barrel within close proximity of the principal building and to design it with a perforated lid so that any precipitation that is captured by the principal building's rain leader or downspout is fed directly into the rain barrel, which would diminish the likelihood of creating an environment for standing water and possible breeding ground for mosquitoes and other pests. The maximum size of any rain barrel shall not exceed sixty (60) gallons.
W. Solar Photovoltaic (PV) Arrays. For the purposes of this subsection, a solar photovoltaic (PV) array, hereinafter referred to as "PV array", is construed to include any mounting system (roof-ground; flush or wall-mounted; embodied in siding or shingles; or pole) and accessory equipment.
1. At-Grade.
a. Applicability. The regulations of this subsection shall be applicable to any PV array that is erected or installed at-grade (ground level).
b. Exemptions. The restrictions of this subsection with respect to height, location, and setbacks are not applicable to any at-grade PV array approved under the following circumstances: 1) in connection with the Arts in Public Places ordinance; or 2) as an accessory component to a freestanding outdoor lighting fixture, telephone pole, parking meter, or any other similar structure, as determined by the city.
c. Height. The maximum height of any PV array shall not exceed twelve (12) feet.
d. Location. No minimum setback from any property line shall be required, except in the following instances: 1) the subject property is located in a residential zoning district; or 2) the PV array is used in connection with a non-residential use that abuts residentially-zoned property. In these instances, PV arrays which are less than six (6) feet in height shall require a minimum setback of three (3) feet (measured from the leading edge of the array) from the rear and interior side property lines. Unless otherwise regulated by a master plan or site plan of a planned development, PV arrays with heights between six (6) feet and nine (9) feet shall be setback at least seven and one-half (7-½) feet from the rear and interior side property lines; those greater than nine (9) feet in height shall be setback at least ten (10) feet from such property lines. In instances when a setback of seven and one-half (7–½) feet or more is required, a lesser setback may be allowed, contingent upon the approval of an administrative adjustment if it is determined that no other on-site location is available or feasible, or based on the finding that by virtue of the use or design of the abutting property or development, the location would have no negative impact. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process.
PV arrays regulated under this subparagraph shall not be allowed within the required front or corner side yards, including forward of the front or corner side building lines. PV arrays shall not be allowed within a required landscape buffer or landscape strip abutting a right-of-way. See Chapter 2, Article II for additional standards regarding landscape buffers and landscape strips abutting rights-of-way.
2. Rooftop. The highest point of the PV array shall not exceed six (6) feet beyond the existing roof onto which it is mounted; however a greater height may be allowed if it is completely screened from view at a minimum distance of six hundred (600) feet. If complete screening is unattainable, a greater height may be allowed with the approval of a height exception. See Chapter 2, Article II, Section 4.C. for the regulations pertaining to the height exception process.
3. Wall Mounted or Flush to a Building or Structure. The following regulations shall be applicable to any PV array that is mounted to the side of any building or structure:
a. Location. PV arrays are allowed on the walls or sides of any building or structure but shall not encroach into any required yard setback by more than three (3) feet, except on those properties located in the Urban Commercial District Overlay Zone (UCDOZ) or any "urban" mixed use district where provisions allow PV arrays to extend into an abutting right-of-way. The owner shall obtain all necessary approvals and permits where PV arrays protrude into a public right-of-way. All such PV arrays shall be moved or removed immediately upon request of the city or entity having jurisdiction over such right-of-way.
b. Minimum Clearance. A minimum dimension of nine (9) feet shall be maintained under the PV array where needed to provide adequate clearance for pedestrians.
c. Appearance. To the maximum extent possible, wall mounted PV arrays shall be designed as compatible to the structure and surface to which it is attached.
X. Windmills and Small Wind Energy Systems (SWES). Windmills and small wind energy systems (SWES) are allowed in a limited number of zoning districts, contingent upon compliance with the following:
1. Maximum Number, Height, and Minimum Setbacks.
Zoning District | Maximum Number per Lot | Maximum Height1 |
Minimum Setback Ratio |
All Commercial and Mixed Use | 12 | 25 feet | 1:14 |
All Industrial | 1 per acre | 75 feet3 | |
All Miscellaneous | N/A | 75 feet |
1 Height limitations imposed by the Federal Aviation Administration shall supersede any of the regulations contained herein.
2 No restriction shall apply with respect to the total number of structures if the subject property is owned or leased by the city.
3 If proposed in Quantum Park, the maximum height shall be restricted to twenty- five (25) feet, except if proposed on a lot that has a Government & Institutional (G&I) or Industrial (I) land use option.
4 Minimum required setback is equal to tower height.
2. Unauthorized Access.
a. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
b. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
3. Ground Clearance. At its lowest point, the tip of any turbine blade shall be no less than fifteen (15) feet above the surface of the ground.
4. Tilt-Down Capability. The SWES shall be designed with tilt-down capability where located within commercial and mixed use districts and such facility shall be lowered to the prone position at least twelve (12) hours upon the posting of a tropical storm or hurricane watch. For clarification, these provisions shall be applied to all SWES located on lots in Quantum Park wherein the twenty-five (25)-foot height restriction is applicable.
5. Automatic Overspeed Controls. All SWES shall be equipped with manual and automatic overspeed controls to limit blade rotation speed to within the design limits of the system.
6. Disconnect. A means of disconnecting the SWES power source in an emergency shall be provided. This equipment shall be located adjacent to the electric meter on residences and near the shunt trip on non-residential buildings.
7. Electrical Wires. All electrical wires shall be installed underground.
8. Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).
9. Sound. Audible noise due to SWES operations shall not exceed fifty-five (55) dBA or ten (10) decibels greater than ambient noise levels, measured at the nearest property line. Sound levels may be exceeded during short-term events out of anyone's control such as utility outages and/or severe wind storms.
10. Appearance. The exterior finish shall be a single non-reflective neutral color maintained throughout the life of the unit, excluding identification and warning markings. The equipment, conduit, and associated facilities shall be painted to complement existing structures. No lattice or use of guyed wires shall be an allowable component to the design a SWES.
11. Signage. All signs shall be prohibited, other than the manufacturer or installer's identification or those used for safety/informational purposes. The intent is that no advertising shall occur in connection with a windmill or SWES. Safety signs shall include "no trespassing," "high voltage," and the phone number of the property owner or operator to call in case of an emergency.
12. Abandonment. The governing body of the city finds that junked, wrecked, dismantled, inoperable or abandoned SWES in and upon private real property within the city is a matter affecting the health, safety, and general welfare of the citizens of the city. If a SWES is inoperable for six (6) consecutive months the property owner shall be notified that they must, within six (6) months of receiving notice, restore their system to operating condition. If the property owner fails to restore their system within the required six (6)-month time frame, said owner shall be required, at his expense, to remove the wind turbine from the tower. The tower shall then be subject to the provisions of city ordinances pertaining to nuisances.
13. Certification. All SWES shall be certified under a program recognized by the American Wind Energy Association.
Y. Agricultural Structures. Each structure may be designed either attached (to) or detached from the principal building (in instances when principal buildings are required). In addition, agricultural structures shall comply with the following:
1. Accessory Garden.
a. Requirement for Principal Building. Agricultural structures shall only be allowed on lots containing principal structures (e.g., dwelling).
b. Location and Size.
(1) Each structure shall not be allowed within the required front or corner side yard, including forward of the front or side corner building lines;
(2) Any structure that is one hundred (100) square feet or less shall be setback at least three (3) feet from the rear and interior side property lines. The maximum height shall be eight (8) feet for flat roofs or a mean height of nine (9) feet for sloped roofs; and
(3) Any structure greater than one hundred (100) square feet or in excess of the height restriction of subparagraph Y.1.b.(2) above shall comply with the minimum setbacks required for the principal building. The maximum allowable height shall not exceed the zoning district regulations for which it is located or the roofline of the principal building, whichever is more restrictive.
c. Number of Structures. A lot may contain more than one (1) structure; however, any additional structures shall comply with the minimum setbacks required for the principal building regardless of size.
d. Screening. All agricultural structures shall be effectively screened with a wall, fence, landscape material (excluding the crops), or a combination thereof, where visible from an abutting property or right-of-way.
e. Miscellaneous. See Section 3.E. above for additional regulations regarding the use of sheds and storage structures.
2. Community Garden.
a. Lot Coverage. An agricultural structure shall count towards lot coverage and it must comply with the maximum allowed by the zoning district with which it is located.
b. Number of Structures. A lot may contain more than one (1) structure; however, any additional structures, regardless of size shall be counted towards lot coverage and must comply with the maximum lot coverage and minimum setbacks required for principal buildings.
Z. Electric Vehicle (EV) Charging Station.
1. Permits Required. The installation of an EV charging station shall comply with all applicable regulations and permitting requirements required by life-safety/building codes and these land development regulations.
2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, but only in connection with a lawful principal use. In addition, the following restrictions shall apply:
a. In residential zoning districts, EV charging stations shall not be available for public usage, except for where used in connection with a non-residential use;
b. All EV charging stations shall be located within a conforming parking space or upon an on-site area that is specifically designed and designated for EV charging. For nonresidential uses, any parking stall with EV charging is allowed to be used in the computation for meeting the minimum number of required off-street parking spaces. The preferred location shall be such that a single EV charging station could service two (2) parking stalls.
c. The provision for an EV charging station may vary based on the design and use of the primary parking lot; however in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas. Likewise, the placement of each EV charging station shall not conflict with landscaping to the extent that the purpose and intent of the landscape code is no longer met.
d. No EV charging station shall be installed within a designated handicap space unless it is specifically designed and intended for handicap use only;
e. Level 3 EV charging stations shall be prohibited in all residential zoning districts or in connection with any residential use; and
f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-way, but only contingent upon the granting of all necessary approvals and/or agreements with the City Commission and all applicable agencies.
3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is allowed in connection with EV charging stations.
4. Maintenance. EV charging station equipment shall be maintained in all respects, including the proper functioning of the charging equipment. A current phone number and other contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment.
5. Safety. Information on the EV charging station must identify voltage and amperage levels and time of use, fees, or safety information. When the EV charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection such as wheel stops or bollards shall be used.
6. Data to be Available. To allow for maintenance and notification, owners of any new public EV charging station shall provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Director of Public Works.
7. Restrictions. The property owner of a public EV charging station shall have the authority to place restrictions on the number of hours that an EV is allowed to charge, in order to deter indefinite charging/parking.
AA. In-ground Storm Shelter.
1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning districts. but only in conjunction with a lawful principal use. In addition, the following restrictions shall apply:
a. The shelter may only be allowed in the side interior yard under the following conditions:
1) The shelter may not be placed in any easements.
2) No more than three (3) feet of the structure extends above ground;
3) Any portion of the structure above ground must be setback a minimum of three (3) feet from the side property line, and may not extend forward of the front building line.
b. The shelter may be located in the rear yard under the following conditions:
1) The shelter may not be placed in any easements.
2) The structure may not exceed the height of the principal structure within fifteen (15) feet of the rear property line.
3) Between fifteen (15) feet and five (5) feet of the rear property line, the structure may not exceed a height of five (5) feet.
4) A minimum five (5) foot rear setback is required.
5) The portion of the shelter located above ground shall be calculated in the maximum allowable lot coverage.
BB. Miscellaneous.
1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other amusement devices, shall only be allowed within the principal structure, excluding those used in conjunction with an arts, entertainment, and recreational establishment.
2. Donation Bins. See Chapter 4, Article III, Section 3.F.3. for additional standards regarding donation bins.
3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part II, Chapter 15, Article V for regulations regarding aircraft landing facilities.
4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the regulations regarding animal enclosures (dog houses).
5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for regulations regarding newsracks.
6. Other Structures and Amenities. All other amenities and structures that are similar, but not specifically mentioned in the above, shall require applications to the Director of Development.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 16-014, passed 7-5-16; Am. Ord. 17-038, passed 1-2-18; Am. Ord. 19-007, passed 2-5-19; Am. Ord. 20-022, passed 7-7-20; Am. Ord. 20-023, passed 7-7-20)