(A) Location of district. The Elevated Single Family Home District (ESFH-1) shall consist of the Residential Mobile Home Districts I through IV which are so designated on the official zoning map.
(B) Purpose and intent. It is the purpose and intent of this subchapter to permit and allow constructed elevated single family homes (limited to two stories) in each residential mobile home district to accommodate the housing, use, occupancy and character or theme of such district except RMH-V, unless the land area comprising this district is reconfigured into a new pattern of not more than eight lots. It is intended to preserve the character, quality and historical nature of the existing community, in accordance with the adopted Comprehensive Land Use Plan for the town. It is also intended that the purpose of the ESFH-1 Overlay District is to promote the public health, safety and welfare of the citizens; minimize the risk of loss of life and property due to natural hazards; encourage and regulate prudent land use; reduce the demands for public expenditures for disaster relief, hazard mitigation, and protection of structures and facilities permitted in the underlying zone district(s); and regulate buildings, structures and lot elevation so as to minimize the hazard to the public health or property.
(C) Uses permitted in the ESFH-1 Overlay District. Uses permitted by the underlying zoning district are allowed unless specifically prohibited. In the ESFH-1 Overlay District, inclusive, the land, buildings, homes or premises which constitutes a unified building site, may be used by right only for one or more of the following purposes:
(1) A detached single-family home affixed to a foundation (including on piers) upon a designated lot;
(2) Customary accessory uses and structures, for homes provided such uses and structures are incidental to the principal use and do not include any activity not permitted in said district nor commonly conducted as a business; and/or
(3) Support facilities customary for home usage such as limited recreational areas, open space, restrooms, vehicle parking areas and community facilities for the use of the town residents, guests and other designees.
(D) Special exceptions in the ESFH-1 District. Utility services, substations, transmission lines and mains and pipes for utility purposes may be permitted as a special exception, subject to meeting the requirements for same, and provided such uses are effectively screened or given other aesthetic treatment to minimize adverse impact on the surrounding area where it is practical to do so.
(E) Site development standards for the ESFH-1 District. In the ESFH-1 District, inclusive, the location and construction of homes, the addition of patios and cabanas thereto as combined units, the requirements for air conditioning equipment, access, limited storage and the placement of utility cabinets, are subject to the following site development standards. The provisions of the ESFH-1 District shall apply in addition to the applicable requirements of the underlying zoning district. When the standards of this overlay district conflict with any other provision of the code, this overlay district shall control.
(1) General requirements.
(a) Installation of a home shall be subject to the dimensions and setbacks specified in the table and notes provided for each district where the lot is located, RMH I through IV.
(b) All plumbing work and renovations shall conform to the Florida Building Code including the Florida Plumbing Code.
(c) All electrical work and renovations shall conform to the Florida Building Code including the National Electrical Code.
(d) All structural repairs, alterations, installations or renovations shall conform to the Florida Building Code including Appendix Q.
(e) All fire safety elements shall meet or exceed the Florida Building Code, Chapter 7 Fire and Smoke Protection Features, the Florida Fire Prevention Code, any relevant applicable local technical amendments and all other applicable requirements of law; including but not limited to, firewalls or separations between structures.
(f) Certification by an engineer licensed by the state is required certifying that the lowest floor elevation to all homes, second unit, screen rooms, add-a-rooms and the like is consistent with current regulations promulgated by the Federal Emergency Management Agency and the Florida Building Code including freeboard standards.
(g) An accessory building shall be located on the same lot as the principal building.
(h) Second story construction or usage building height is permitted as follows:
1. For a second story, the elevation shall be no more than 25 feet as measured from the crown of road.
2. In no instance shall a home exceed 25 feet in building height as measured from the crown of road including mechanical and structural equipment, so long as the lowest floor is usable solely for parking of vehicles, building access or limited storage. Breakaway wall and screen enclosures on such a lowest floor are permitted consistent with the Florida Building Code. All other building design, including porches or decks, shall be subject to the dimensions and setbacks specified in the table and notes provided for each RMH District I through IV.
(i) No construction shall include any enclosure below the base flood elevation which shall be constructed or equipped for such uses as a kitchen, dining room, family room, recreation room, office, bedroom, bathroom or workshop.
(j) Habitable space and hallways in homes must have a ceiling height of not less than six feet eight inches (2,032 mm). Bathrooms, toilet room, and kitchens must have a ceiling height of not less than six feet four inches (1,930 mm). Obstructions including, but not limited to beams, girders, ducts, and lighting, must not extend below these minimum ceiling heights. Ceiling heights in lofts are permitted to be less than six feet eight inches (2,032 mm).
(k) Lofts used as a sleeping or living space must meet the following minimum area and dimension requirements:
1. Lofts must have a floor area of not less than 35 square feet (3.25 square meters).
2. Lofts must be not less than five feet (1,524 mm) in any horizontal dimension.
3. Portions of a loft with a sloped ceiling measuring less than three feet (914 mm) from the finished floor to the finished ceiling may not be considered as contributing to the minimum required area for the loft. Under gable roofs with a minimum slope of six units vertical in 12 units horizontal (50% slope), portions of a loft with a sloped ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.
4. The access to and primary egress from lofts may be any of the following types:
5. Stairways accessing lofts shall comply with the Florida Building Code or with the following:
a. Width. Stairways accessing a loft shall be not less than 17 inches (432 mm) in clear width at or above the handrail. The width below the handrail shall be not less than 20 inches (508 mm).
b. Headroom. The headroom above stairways accessing a loft shall be not less than six feet two inches (1,880 mm), as measured vertically from a sloped line connecting the tread, landing or platform nosings in the center of their width, and vertically from the landing platform along the center of its width.
c. Treads and risers. Risers for stairs accessing a loft shall be not less than seven inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: 1) The tread depth shall be 20 inches (508 mm) minus four-thirds of the riser height; or 2) The riser height shall be 15 inches (381 mm) minus three-fourths of the tread depth.
d. Landings platforms. The top tread and riser of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than six feet two inches (1,880 mm) where the stairway meets the loft. The landing platform shall be not less than 20 inches (508 mm) in width and depth measured horizontally from and perpendicular to the nosing of the landing platform. The landing platform riser height to the loft floor shall be not less than 16 inches (406 mm) and not greater than 18 inches (457 mm).
e. Handrails. Handrails shall be provided on not less than one side of each flight with four or more risers.
f. Stairway guards. Guards at open sides of stairways, landings and landing platforms shall comply with Section R312.1 of the Florida Building Code.
g. Ladders. Ladders accessing lofts shall comply with the above regulations for stairways and with the following:
i. Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and ten-inch (254 mm) to 14-inch (356 mm) spacing between rungs. Ladders shall be capable of supporting a 300-pound (136 kg) load on any rung. Rung spacing shall be uniform within three-eighths inch (9.5 mm).
ii. Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.
iii. Alternating tread devices. Alternating tread devices accessing lofts shall comply with Sections R311.7.11.1 and R311.7.11.2 of the Florida Building Code. The clear width at and below the handrails shall be not less than 20 inches (508 mm).
iv. Ships ladders. Ships ladders accessing lofts shall comply with Sections R311.7.12.1 and R311.7.12.2 of the Florida Building Code. The clear width at and below handrails shall be not less than 20 inches (508 mm).
h. Loft guards. Loft guards shall be located along the open side(s) of lofts. Loft guards shall be not less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall comply with Section R312.1.3 and Table R301.5 of the Florida Building Code for their components.
(l) Homes shall meet the requirements of Section R310 of the Florida Building Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet the requirements of Section R310 where installed such that the bottom of the opening is not more than 44 inches (1,118 mm) above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1 of the Florida Building Code.
(2) Air conditioning requirements.
(a) Central single units and split system condensing units shall be located beneath the home, where possible and practical, and shall exhaust to the front or patio side as near to the front of the home, as possible.
(b) Central single units and split system installation of condensing units shall be made with the unit placed at the front or on the patio side as near to the front of the home as possible, if unable to conform to the provisions of § 153.028(F)(2)(a) above.
(c) Window or wall air conditioning units are not allowed.
(d) Water cooled condensing units are not allowed.
(e) No air conditioning unit shall exceed the maximum noise level of 8.2 Bels, as rated by the Air Conditioning and Refrigeration Institute (A.R.I.).
(f) The make, model number, EER rating, noise level and proposed location for all air conditioning units must be stated in the application for installation.
(g) In Residential Mobile Home District IV (RMH-IV), the air conditioning unit may be placed in the side yard area on the “back side” (non-entry side), provided that it does not extend beyond the lot line, and it otherwise complies with all of the other setback requirements in said district.
(h) All new/replacement air conditioning units shall be installed at a minimum elevation of three and one-half feet NAVD 88.
(3) Anchored utility cabinet requirements.
(a) An anchored utility cabinet shall be permitted provided it does not exceed three feet in depth, six feet in width and six feet in height, and is placed a minimum of five feet from the rear corner of the home, seven feet minimum from rear lot line on the patio side.
(b) An anchored utility cabinet, the size of which does not exceed 20 inches in depth, four feet in width and six feet in height, may be installed on the patio side, parallel to the home, provided it does not extend closer than one foot to the rear corner of the mobile home.
(4) Lot elevation (the addition of fill) in Districts III and IV for the replacement of an existing mobile home to an elevated single family home. In Districts III and IV, upon the completion of roadway and drainage improvements to meet adopted levels of service, and the implementation of adequate shoreline protection measures, then the following applies to lot elevation or the addition of fill (not elevation of the unit itself) in conjunction with the replacement of an existing mobile home to an elevated single family home:
(a) If an existing mobile home is replaced with an elevated single family home, the parking pad and any mechanical equipment supporting the unit at the ground level, must be at or elevated to a minimum three and one-half feet NAVD 88 at the time of the replacement if necessary. In conjunction with the parking pad elevation, if necessary, the driveway shall also be elevated and harmonized between the access road and the parking pad. If the driveway is elevated in addition to the parking pad, then a culvert or drainage structure shall be installed under the driveway. If it is not necessary to elevate the driveway, then it may not act as an obstruction of drainage flow through side ditches or swales from one property to adjacent properties.
(b) If an existing mobile home is replaced with an elevated single family home, then the lot (not the unit itself) shall be elevated with the addition of fill to a minimum of three and one-half feet NAVD 88 and a maximum of five feet NAVD 88 when the earliest of the following timeframes occurs:
1. Within one year of the date of final inspection when the adjacent lots (not the units themselves) on both sides are elevated;
2. Within three years from the issuance of the final certificate of occupancy for the replacement of a mobile home unit to elevated single family home; or
3. No later than December 31, 2040.
(c) A site plan shall be submitted by the property owner and approved by the town including: 1) whether or not other service connections will need to be upgraded to withstand the addition of fill on the property; and 2) demonstrating that the property elevation will not result in any increase in offsite discharge by including onsite storage capacity or requiring compensatory storage.
(d) When a lot is elevated with fill, the following design elements shall be incorporated into the structure and/or lot design as necessary so that post-development discharges are not increased based upon professionally acceptable engineering principles:
1. Gutters shall be required directing stormwater runoff to onsite retention areas including, but not limited to, anchored rain barrels or cisterns, bioswales, rain gardens, bioretention flow-through planters or cells, or rock swales;
2. Permeable pavement;
3. Retaining walls or berms; or
4. Other accepted onsite or offsite drainage retention techniques that will prevent post development runoff to exceed pre-development runoff as approved by the engineer of record.
(Ord. 01-2023, passed 5-25-2023)