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(A) All multi-family development shall provide buffering on the subject property, from adjacent property which is zoned or used for lower density residential or non-residential uses if the adjacent property is zoned or used for such uses at the time of the multi-family development.
(B) All non-residential development, including planned developments, shall provide buffering on the subject property, from all adjacent land zoned or used for any residential purpose, if that land is zoned or used as such at the time of the non-residential development.
(C) The screening shall be continuously maintained and shall be either a solid masonry wall in accordance with adopted fence standards, which is a minimum six feet high, or the standard screening fence. Such screening shall be located on the subject property, adjacent to the common property line. If an alley is separating the uses, the required screening shall be located on the subject property side of the alley adjacent to the property line which is adjacent to the alley.
(D) The standard screening fence which is required for screening purposes, shall be constructed with the following standards.
(1) Said fence shall be a minimum of six feet in height.
(2) All wood materials shall be naturally decay resistant or pressure treated exterior grade, such as redwood or cedar, or other materials acceptable to the City Commission.
(3) All nails or fasteners shall be of non-rusting, non-corrosive metal, such as hot-dipped galvanized steel. All nails or fasteners shall be of the type (screw-shank, ring-shank or divergent-point staples) that, when properly driven, will not work free due to wind, vibration or shrinkage of members. The maximum spacing allowed between pickets shall be one-quarter inch.
(4) All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free form rust, rot, vandalism and other sources of decay.
(E) Outside storage of wrecked, inoperable vehicles and equipment shall be screened by a minimum six-foot masonry wall or standard screening fence. Materials stored, excluding trucks and machinery, shall be stacked no higher than one foot below the top of the fence or wall.
(F) An exception to the screening fence requirement may be granted by the City Commission. Any property owner who appeared at a zoning public hearing wherein a specific screening fence requirement was imposed on a subject property under consideration will be notified of the proposed exception and date of the administrative report of said property if request for an exception of the screening fence is submitted. One or more of the following conditions must be present or apply for consideration of an exception:
(1) Topographical variations that would preclude a normal installation, or act as a screening mechanism. A topographical variation may serve as a screening device if the zoning district requiring the screening fence is separated from the adjoining use by a 30% slope or greater, as long as the elevation between the two uses is at least six feet, (property requiring the screening fence is at the higher elevation);
(2) Dense vegetation that presently exists onsite, which serves the same purpose as a screening fence. Vegetation will serve as a screening device if it is a minimum of six feet in height and the density obstructs the view; and
(3) The fence will impede proper drainage.
(1998 Code, App. A, § 40-59) (Ord. 97-26, passed 1-21-1998; Ord. 08-48, passed 12-3-2008)
Unless a greater side yard is required by zoning district regulations, on corner lots, the side yard on the street shall be the same as the requirement for the front, except on corner lots adjacent to a segment of side street upon which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be 20 feet or the same as the depth of front building setback, whichever is less. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of passage of this chapter to less than 20 feet.
(1998 Code, App. A, § 40-60)
Certain architectural features, fences, walls and hedges may project into, or be located in, required yards as follows:
(A) Cornices, eaves and sills not more than two feet into any required yard;
(B) Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards;
(C) Patios and open decks may be located in side yards and rear yards; provided that, they are not closer than three feet to any adjacent property line. In the case of a corner lot, patios or decks shall be subject to the regular street side yard requirements of the district;
(D) Upon approval of the Building Official, open sided carports may be located in front yards (or, in the case of a corner lot, in the side yard); provided that, they are not closer than five feet to any front property line, and do not exceed the eave height of the existing dwelling;
(E) An open fire escape not more than four feet into rear yards; provided that, such structure does not obstruct ventilation or light;
(F) Any fence, wall, hedge, shrubbery and the like, no higher than a baseline extending from a point two and one-half feet above front walk grade to a point six feet above walk grade at the depth of the front yard, single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery and the like on the side street except that the City Commission may, by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not project more than five feet into the required side yard setback area;
(G) No object, or combination of objects, including, but not limited to, any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain shall be excluded from the objects otherwise prohibited by this division (G). And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet above the top of the adjacent roadway curb and eight feet above the top of the adjacent street curb, or if there is not a curb, then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way lines and a point on each such right-of-way line 35 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section; and/or
(H) Any object or combination of objects, placed, planted or maintained in violation of this division (H), shall be removed upon written notice by certified mail from the Building Official of the city, or his or her representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of this chapter.
(1998 Code, App. A, § 40-61) (Ord. 00-54, passed 9-6-2000; Ord. 02-01, passed 2-6-2002)
(A) Where this chapter authorizes approval by the Planning Board of alternatives to the required exterior brick, stone or masonry material; such consideration shall be conducted in a public hearing; however, legal notification shall not be required.
(B) In consideration of a request for alternative materials, it shall be the responsibility of the applicant to demonstrate the following:
(1) The application represents a superior result than that which could be achieved by strictly following the requirements of this section;
(2) The application identifies a unique architectural theme for a master planned subdivision; or
(3) The application is based upon building constraints related to elevated structures and flood protection.
(C) An application based upon economic relief or economic hardship shall not be considered as a basis for approval of alternative standards.
(D) A denial of the application by the Building Official may be appealed to the Board of Adjustments if the appeal is filed consistent with § 160.110 of this chapter.
(1998 Code, App. A, § 40-62) (Ord. 06-42, passed 12-6-2006)
(A) Purpose. Landscaping requirements are intended to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious or unvegetated surfaces. These requirements are also intended to preserve and improve the natural and urban environment and enhance the aesthetic qualities of the city.
(B) Requirements. In multi-family and mobile home districts and all non-residential districts, excluding District E-1 (Central Business), future developments must provide a minimum amount of landscaping according to the following chart:
District | Minimum Percent Lot Area to be Landscaped |
District | Minimum Percent Lot Area to be Landscaped |
C | 20 |
C-1 | 20 |
D | 10 |
D-1 | 10 |
E | 5 |
E-2 | 10 |
E-3 | 5 |
E-4 | 5 |
F | 5 |
F-1 | 5 |
G | 5 |
G-2 | 10 |
H | 5 |
I | (a) |
MH | See § 160.031 |
O-P | 10 |
P-I | 15 |
S-P | (b) |
NOTES TO TABLE: (a) Established per Final Development Plan. (b) Established per Site Plan. | |
(1) Except in districts C, C-1 and MH, a minimum of 50% of the required landscaping area shall be located in the front one-half of the lot. Required landscaping shall not include driveways, paved walks or right-of-way or easements for streets or alleys.
(2) On any corner lot, all landscaping, whether or not required by this chapter, shall be designed and maintained to conform with the visibility standards in § 160.085 of this chapter.
(3) When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between 30 inches and eight feet above street grade.
(4) The triangular areas referred to are: the areas of property on both sides of an accessway where it intersects a public right-of-way, with the two sides of each triangle being ten feet long from the point of intersection and the third side being a line connecting the ends of the other two.
(C) Plant material. Tree species shall be a minimum of seven feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall be prohibited.
(D) Required trees. One tree per 500 square feet of designated landscaped area is required. The number of required trees in Districts C and C-1 shall be according to the requirements of §§ 160.029 and 160.030 of this chapter. A minimum of one tree per lot or tract is required. All trees shall be planted in the areas which are visible from the street. Trees shall not be planted in the right-of-way. Trees shall be a minimum of three-inch caliper, staked and wrapped, and shall be live oak, red oak, cedar elm, bald cypress, silver maple, Japanese black pine, palm or other trees of similar quality as approved by the Director of Parks and Recreation. Yaupon, crepe myrtle and other similar trees shall not be required to be a minimum of three-inch caliper.
(E) Existing plant materials. In instances where healthy plant material exists on a site prior to its development, the application of the above landscaping requirements may be adjusted if such an adjustment is consistent with and will preserve the intent of this chapter.
(F) Maintenance. All plant material shall be maintained at all times in a living and growing condition.
(G) Landscape plan. A landscaping plan, demonstrating compliance with the provisions of this section, shall be submitted to the Building Official at the time of application of building permit.
(H) Synthetic or artificial materials. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of the landscape requirements.
(I) Additional requirements. Requirements, in addition to those noted above, may be stipulated in the individual zoning districts regulations.
(1998 Code, App. A, § 40-63)
(A) Any use of land or structures which do not conform to the use regulations prescribed in this chapter or amendments hereto shall be deemed a non-conforming use.
(B) Any building or structure on a lot which does not conform the lot area, lot dimensions, front yard, side yard, rear yard or coverage, or any building or structure which does not conform to the height, parking, loading, building spacing or any other regulations or any requirements of this chapter shall be deemed a non-conforming building or structure.
(C) Any use or failure to meet requirements that existed lawfully at the time of enactment of this chapter may be continued subject to reasonable regulations by the Board of Adjustments, except as described in the following.
(1) A non-conforming use or failure to meet requirements shall not be continued when there is a change of use.
(2) A non-conforming use or failure to meet requirements shall not be continued when 50% of the floor area of the use or structure is remodeled or rebuilt.
(3) A non-conforming use or failure to meet requirements shall not be continued when the non-conforming use is abandoned. A structure shall be deemed to be abandoned when the electrical service and/or water service has been disconnected for a period of six consecutive months.
(4) Any non-conforming use or failure to meet requirements shall be brought into compliance when the property is rezoned to another district.
(1998 Code, App. A, § 40-65) (Ord. 94-05, passed 4-20-1994; Ord. 21-24, passed 10-6-2021)
Height limitations stipulated elsewhere in this chapter shall be modified as follows.
(A) Chimneys, water towers, penthouses, scenery lofts, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(B) On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots, more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation.
(1998 Code, App. A, § 40-66)
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