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Article 5
Supplementary Standards
The purpose and
intent of this Article is to establish minimum standards for accessory and temporary
uses, design standards, Parks and Recreation, performance standards, legal
documents, and density bonus programs.
See Art. 1.H,
Definitions and Acronyms.
Deviation(s) from
the provisions of this Article may be permitted for development supporting
government facilities within the PO Zoning District, subject to Art. 2, Application Processes and Procedures and PPM #ZO-O-063, as applicable and as amended. [Ord.
2007-013] [Ord. 2010-022] [Ord. 2019-005]
The following
provisions in this Section shall apply to all development in Standard, PDD, or
TDD Zoning Districts, unless otherwise stated. [Ord. 2007-001] [Ord. 2017-007]
a. Standards
Uses indicated in the
Use Matrix as blank in a zoning district shall not be allowed as accessory use
unless stated otherwise in Art. 4, Use Regulations. An accessory use or structure shall be subject to the same regulations
that apply to the principal use or structure, except as otherwise stated. [Ord. 2017-007]
b. Location
All accessory uses and structures
except for approved off-site parking, shall be located on the same lot as the
principal use. No accessory structure shall be located in the front or side
street yard except for dumpsters, or unless
stated otherwise herein. [Ord. 2017-007]
[Ord. 2017-025] [Ord. 2018-002]
1) General
Exceptions
Structures such as: fences and walls; entry features for access
ways internal to a PUD; bike racks; outdoor recreation amenities and support
structures such as cabanas, located within a Neighborhood Recreation Facility
or Recreation Pod; or, structures, projects, and improvements listed in Art. 3.D.1.D.5,
Setback Exceptions, excluding mechanical equipment accessory to a building,
may be allowed within front or side street yards. [Ord. 2017-025]
2) Exceptions for
Buildings Accessory to Residential
A detached garage, cabana, accessory quarters, or guest cottage,
may be allowed within the front or side street yard, subject to the following: [Ord.
2017-025]
a) The building is
consistent with the architecture characteristics of the principal building,
including roofing materials, fenestration, and paint color, where applicable; [Ord. 2017-025]
b) When accessory
to a principal residential use, such as a Single Family home, accessory
structures shall be connected to the principal building by common shared
driveways, sidewalks, or pathways; and, [Ord. 2017-025]
c) An application
for a DO or Building Permit for any building proposing to utilize this
provision shall include an affidavit from a licensed architect or general
contractor, delineating how the proposed building will be in compliance with
the requirements above. [Ord.
2017-025]
3) Accessory Solar
Accessory solar in the form of mechanical equipment attached to
other permitted structures, or Solar Trees, in accordance with the standards of
Art. 5.B.1.A.27,
Accessory Solar Energy Systems. [Ord. 2017-025]
c. Floor
Area
1) Non-Residential Zoning Districts
Where allowed, accessory uses and structures shall not exceed 30
percent of the GFA or business receipts of the principal use or uses, whichever
is more restrictive. Minor Utility use is not subject to this provision. [Ord.
2017-007]
2) Residential Zoning Districts
Accessory uses and
structures in the U/S Tier shall not exceed the square footage of the principal
use.
d. Setbacks,
Accessory Structure
1) Residential
Districts (Except AR)
Accessory structures
may be set back a distance of five feet from the side and rear property lines
provided it is not located in an established easement or required landscape buffer.
a) Townhouse
Accessory structures
shall meet the setback and separation requirements in Table 3.D.2.A, Townhouse Property
Development Regulations. No
detached accessory building or structure other than permitted fences or walls
shall be permitted on any lot less than 30 feet in width.
b) ZLL
Accessory structures
shall meet the setback requirements of Table 3.D.2.B, ZLL Property Development
Regulations. [Ord.
2008-037]
c) Exceptions
(1) All structures used as dwellings, such as
guest cottages, grooms quarters, and accessory dwellings, shall meet the
minimum setback in Table 3.D.1.A, Property Development
Regulations (PDRs), or Art. 1.F.2.C.1, Minimum Residential Setback
Requirements, if
applicable. [Ord. 2016-042]
(2) All structures over ten feet in height shall
meet the minimum setbacks in Table 3.D.1.A, Property Development
Regulations (PDRs), or Art. 1.F.2.C.1, Minimum Residential Setback
Requirements, if
applicable. [Ord. 2016-042]
(3) Encroachment into easements shall be in
accordance with Art. 5.F.2.A,
Easement Encroachment.
2) AR District
a) Conforming Lot Dimensions
Accessory structures
may be set back a distance of 25 feet from the side and rear property lines on
lots with conforming width and depth lot dimensions.
Figure
5.B.1.A – Accessory Structure Setbacks
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[Ord. 2016-042]
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b) Non-Conforming Lot
Dimensions
The setbacks for
accessory structures on lots with nonconforming width or depth may be reduced
for either non-conforming dimension, as follows: [Ord. 2016-042]
(1) General
A minimum setback distance of 15 feet from the side or rear
property lines; or [Ord. 2016-042]
(2) U/S Tier
The minimum setback may be reduced in accordance with the
following: [Ord. 2016-042]
(a) The reduced
setback permitted under Art. 1.F.2.C.1,
Minimum Residential Setback Requirements; or [Ord. 2016-042]
(b) Parcels that
are less than or equal to 13,999 square feet may apply the accessory structure
setbacks of Art.
5.B.1.A.1.d.1), Residential Districts (Except AR). [Ord. 2016-042]
c) Minimum Setback from Easements
Must be five feet from
all established easements, except where use of Art.
5.B.1.A.1.d.1), Residential Districts (Except AR) is permitted. [Ord. 2016-042]
3) Prohibition in Landscape Buffers
Accessory structures shall not be located within a required
landscape buffer. [Ord. 2016-042]
4) Non-Residential Districts
Accessory structures
shall meet the setback requirements in Table 3.D.1.A, Property Development
Regulations (PDRs).
5) U/S Tier –
Maximum Accessory Structure Dimensions
In the U/S Tier, all
accessory structures located on a parcel in a residential district shall not
occupy more than 25 percent of the distance between property lines. [Ord.
2008-037] [Ord. 2016-042]
Figure
5.B.1.A – Accessory Structure Dimensions
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e. Specific
Accessory Uses
1) Office
a) Areas of a
building dedicated to the administrative operation and incidental to a
principal use or uses listed in the Use Matrix may be Permitted by Right. [Ord.
2017-007]
b) One parking
space shall be provided for every 250 square feet of accessory office. [Ord.
2017-007] [Ord. 2020-001]
2) Incidental Sales
Sales of products incidental to a principal use may be Permitted
by Right in commercial, industrial, or institutional, public, and civic ise
classifications subject to the following, unless stated otherwise: [Ord. 2017-007]
a) Maximum ten
percent of the GFA; [Ord. 2017-007]
b) One parking
space for every 200 square feet of accessory sales; [Ord. 2017-007]
c) Merchandise is
not stored outside or visible from any street; and, [Ord. 2017-007]
d) Commercial signage
is only to advertise the principal use. [Ord. 2017-007]
The height shall be
measured adjacent to the fence or wall from the lowest grade on either side of
the fence or wall, unless stated otherwise below: [Ord. 2015-006] [Ord. 2016-016]
1) Located on Berm
Height shall be
measured from the elevation of the berm where the fence or wall is constructed,
unless in conflict with standards for Grade Change below. [Ord. 2015-006]
2) Grade Change
a) Residential
Height may be increased
when the fence or wall is located on a retaining wall, subject to the
requirements of Art. 5.B.1.A.2.b.5), Residential District
Grade Changes. [Ord.
2016-016]
b) PDD or Non-Residential
Perimeter Buffers
Height may be increased
when the fence or wall is located on a retaining wall, subject to the
requirements of Art. 7.D.5, Landscape Buffers with Grade
Changes. [Ord. 2016-016]
b. Height
and Related Standards
1) Residential Uses
The maximum height for
a fence or wall on or adjacent to a residential lot line or in a landscape buffer
shall be as follows: [Ord. 2015-006]
[Ord. 2019-023] [Ord. 2019-034]
a) Within required front setback:
(1) four feet, or [Ord. 2005-041] [Ord.
2015-006]
(2) six feet for property owned by PBC for
preservation or conservation purposes. [Ord.
2005-041] [Ord. 2015-006]
b) Within required side, side street, and rear
setback: six feet. [Ord. 2015-006]
c) Within a landscape buffer: six feet. [Ord.
2015-006]
Figure
5.B.1.A – Typical Example of Residential Fence and Wall Height
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[Ord. 2005-041] [Ord. 2015-006]
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2) Non-Residential Uses
The maximum height for
a fence or wall on or adjacent to a lot line or in a landscape buffer shall be
as follows: [Ord. 2015-006] [Ord. 2019-023]
[Ord. 2019-034]
a) Within the required front setback: six feet. [Ord.
2015-006]
b) Within the required side, side street, and
rear setback: eight feet. [Ord. 2015-006]
3) Attachments
Gates, gateposts,
decorative features, and lights attached to a fence or wall in a setback or
perimeter buffer shall not exceed three feet in any horizontal distance or two
feet in height above the fence or wall. Decorative features and lights shall be
spaced a minimum of eight feet apart, measured on center. [Ord. 2015-006]
Figure
5.B.1.A – Attachments to Walls
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[Ord. 2015-006]
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4) General Exceptions
a) Fences and walls up to eight feet in height
shall be permitted within a street buffer adjacent to a golf course. [Ord.
2015-006]
b) Fences around tennis courts may exceed six feet
in height, subject to the setback requirements in Table 5.B.1.A, Setbacks – General. [Ord. 2015-006]
c) The ZC and BCC may require increased heights
to ensure adequate screening and buffering between incompatible uses. [Ord.
2015-006] [Ord. 2016-016]
d) DRO may approve increased fence heights and
modify allowable locations for fences with and without barbed wire for minor
utilities, water and wastewater treatment plants. [Ord. 2007-013] [Ord.
2015-006]
e) Schools may
increase the fence height to eight feet along the perimeter of the site. [Ord.
2017-007]
f) Walls subject to noise mitigation shall comply with Art. 7.D.4.B.2, Noise Mitigation Walls. [Ord. 2018-002]
5) Residential District
Grade Changes
The height of a fence
or wall located within the front, side or rear setback of a lot supporting a Single
Family dwelling unit, may be increased when located adjacent to a lot having a
different elevation where a retaining wall is installed along the property
line, in accordance with the following: [Ord.
2015-006] [Ord. 2016-016]
a) Grade Measurement
The difference in grade
shall be determined by measuring the elevation where the fence or wall is
constructed and the elevation of the abutting lot at the property line. [Ord.
2015-006]
b) Maximum Height Increase
The height of the fence
or wall may be increased by the difference in grade up to a maximum of two
feet, whichever is less, as follows: [Ord. 2015-006]
(1) Within the required front setback: Up to a
maximum of six feet. [Ord. 2015-006]
(2) Within a side or rear setback: Up to a maximum
of eight feet. [Ord. 2015-006]
(3) A guard railing not to exceed three feet in
height may be permitted where the grade difference is greater than two feet,
provided the mass of the railing does not exceed the mass necessary to meet the
opening limitations and strength requirements of the Florida Building Code,
Residential. [Ord. 2015-006]
Figure
5.B.1.A – Residential District Grade Changes
Examples of
Wall in the Side or Rear Setbacks
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Typical Example of a
1’ Grade Difference
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Typical Example of a
2’ Grade Difference
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Typical Example of a Grade Difference
> 2’
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[Ord. 2015-006]
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c. Walls
– Appearance
The exterior surface of
a wall shall be finished with paint, stucco, or other commonly accepted
material, and continuously maintained in its original appearance.
d. Sight
Distance
Walls and fences shall
comply with Art. 11.E.9.C, Minimum Safe Sight Distance
and Corner Clips at Intersection.
Fences or walls in any zoning
district, shall not be electrified or contain any substance such as broken
glass, spikes, nails, barbed wire, razors, or any other dangerous material
designed to inflict discomfort, pain, or injury to a person or animal, except
as allowed below. [Ord. 2010-005] [Ord. 2011-001]
1) Barbed Wire Exceptions and Regulations
The use of barbed wire
is prohibited except in instances as detailed below. The County recognizes that
barbed wire may be necessary to secure certain non-residential uses or
structures. Therefore, the County allows the installation of barbed wire on
top of the fence or wall, subject to
the following: [Ord.
2005-002] [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
a) Allowable Uses
for Barbed Wire
(1) Commercial
Communication Towers [Ord. 2017-007]
(2) Electric Power
Facilities; [Ord. 2017-007]
(3) Electric
Transmission Facility; [Ord. 2017-007]
(4) Minor Utility; [Ord. 2017-007]
(5) Prisons; [Ord. 2017-007]
(6) Solid Waste
Transfer Stations; [Ord. 2017-007]
(7) Water or
Wastewater Treatment Plant; and, [Ord.
2017-007]
(8) Zoo. [Ord. 2017-007]
(9) Except when
located adjacent to a parcel having a residential FLU designation, residential zoning
district, or residential use, barbed
wire that is not visible from any public street, may be installed with
the following uses: [Ord. 2017-007]
(a) Contractor
Storage Yard; [Ord. 2017-007]
(b) Salvage or
Junk Yard; [Ord. 2017-007]
(c) Self-Service
Storage; [Ord. 2017-007]
(d) Sugar Mill or
Refinery; and, [Ord. 2017-007]
(e) Towing Service
Storage. [Ord. 2017-007]
(10) Bona Fide
Agriculture use located in AGR, AP, and AR Zoning Districts; and AGR-PDD
Preserve Parcels. When Bona Fide Agriculture is located in the AR Zoning
District other than nurseries, barbed
wire shall be set back a minimum of 25 feet from any property line. [Ord. 2017-007]
(11) Properties with
a conservation FLU designation, for the purposes of protecting publicly-owned
natural areas; [Ord. 2005-002] [Ord.
2010-005] [Ord. 2011-001]
(12) Properties
where the owner can document a valid Development Permit for the use of barbed wire; [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
(13) The Zoning Director shall have the authority to allow the
installation of barbed wire for any uses pursuant to Art. 4.B, Use Classification, when the Applicant demonstrates a need to
comply with Federal, State, or Local Government regulations. In support of the
barbed wire installation, the Zoning Director may require the Applicant to
perform mitigation in order to address compatibility with adjacent properties
or visibility from adjacent street right-of-way; and, [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
(14) A removal
agreement shall be executed to remove the barbed wire, prior to issuance of a Building Permit. This
agreement shall require the removal of the barbed wire in the event the use changes to another use not
allowed in the list above. [Ord.
2017-007]
b) Standards
(1) Height
The barbed wire
shall not exceed 20 percent of the overall permitted height of the fence or
wall or two feet whichever is less. [Ord.
2017-007]
(2) Height Exemption
Bona Fide Agriculture, Prisons, and other uses as authorized by
the Zoning Director pursuant to provisions in Art. 5.B.1.A.2.e.1)a)(13),
shall be permitted to exceed the 20-percent provision. The calculation of the overall height of a fence or wall is inclusive of
any barbed wire. [Ord. 2005-002]
[Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
2) Electrified Fences –
Exceptions and Regulations
The use of electrified
fences is prohibited except in instances as detailed below. The County
recognizes that electrified fences may be necessary to secure certain non-residential
uses or structures. Therefore, the County allows the installation of
electrified fencing, subject to the following: [Ord. 2013-018]
a) Allowable Uses for Electrified Fences
Electrified fences
shall only be allowed for the following uses: [Ord. 2013-018]
(1) Commercial uses, as follows: [Ord. 2013-018]
(a) Auction, Outdoor; [Ord. 2013-018]
(b) Contractor Storage Yard; [Ord. 2013-018]
(c) Flea Market, Outdoor; [Ord. 2013-018] [Ord. 2017-007]
(d) Landscape Service; [Ord. 2013-018]
(e) Laundry Services; [Ord. 2013-018]
(f) Marina; [Ord.
2017-007]
(g) Parking, Commercial; [Ord. 2013-018] [Ord. 2017-007]
(h) Repair and Maintenance, Heavy; [Ord. 2013-018] [Ord. 2017-007]
(i) Self-Service Storage, Limited Access; [Ord. 2013-018] [Ord. 2017-007]
(j) Self-Service
Storage, Multi-Access; [Ord. 2017-007]
(k) Towing Service and Storage; [Ord. 2013-018] [Ord. 2017-007]
(l) Vehicle Sales and Rental, Light; and, [Ord. 2013-018] [Ord. 2017-007]
(m) Vehicle or
Equipment Sales and Rental, Heavy. [Ord. 2017-007]
(2) Institutional, public,
and civic uses, as follows: [Ord.
2013-018] [Ord. 2017-007]
(a) Airport; and [Ord. 2013-018]
(b) Government Services. [Ord. 2013-018]
(3) Recreation uses, as follows: [Ord. 2013-018]
(a) Zoo. [Ord.
2013-018] [Ord. 2017-007]
(4) All uses listed as agricultural uses in Art. 4.B.6.A, Agricultural Use Matrix. [Ord.
2013-018] [Ord. 2017-007]
(5) All uses listed under the utility use
Classification in Art. 4.B.7.A, Utility Use Matrix. [Ord.
2013-018] [Ord. 2017-007]
(6) All uses listed under the excavation use
Classification in Art. 4.B.10.A, Excavation Use Matrix. [Ord.
2017-007]
(7) All uses listed as industrial uses in Table 4.B.5.A, Industrial Use Matrix. [Ord.
2013-018]
(8) Accessory Outdoor Storage in accordance with Art. 5.B.1.A.3, Outdoor Storage and
Activities. [Ord. 2013-018]
(9) Properties with a conservation FLU
designation, for the purposes of protecting publicly-owned natural areas. [Ord. 2013-018]
(10) To secure permanent mechanical equipment except
on individual residential lots. [Ord.
2013-018]
(11) The Zoning Director shall have the authority to
allow the installation of electrified fences for any uses pursuant to Art. 4.B, Use Classification, when the Applicant demonstrates a need to
comply with Federal, State, or Local Government regulations. The Zoning
Director may require the Applicant to perform mitigation in order to address
compatibility with adjacent properties or visibility from adjacent street
right-of-way. [Ord. 2013-018]
(12) An agreement to remove an electrified fence
shall be executed prior to issuance of a Building Permit. The agreement shall
require removal of the electrified fence if the use changes to other than an allowable
use listed above. [Ord. 2013-018]
b) Standards
Electrified fences
shall be installed, operated, or maintained in compliance with the following: [Ord.
2013-018]
(1) Technical
Standards
All electrified fences
are subject to permitting and review by the Building Division and shall be
designed, installed, operated, and maintained in a manner not to be injurious
to individuals. [Ord. 2013-018]
(2) Exterior Non-Electrified
Fence or Wall
Electrified fences and
gates shall be attached to the interior of, or completely surrounded on the
side facing the property exterior, by a non-electrified fence or wall that
meets the following requirements: [Ord.
2013-018]
(a) Minimum of six feet in height; [Ord. 2013-018]
(b) The separation between the exterior, non-electrified
fence, or wall and the electrified fence shall be a minimum of four inches and
a maximum of eight inches; [Ord.
2013-018]
(c) When adjacent to or within 50 feet of a parcel
of land with a residential FLU designation or use, the non-electrified fence
shall include a solid material that will screen the electric fence from view
and prevent a person from being able to penetrate the non-electrified fence;
and, [Ord. 2013-018]
(d) Exterior fences such as chain link shall have
openings no larger than two and three-eighths inches. [Ord. 2013-018]
(3) Public Warning
Signage
Provide and maintain
signage, subject to prior review by the Building Division, which satisfies the
intent of the requirements contained in ISO-3864 or a current equivalent
internationally accepted standard, and that such signage be placed within ten feet
of all corners, not more than 45 feet apart, so as to be plainly visible. Exceptions
to screening or landscaping requirements may be permitted where necessary to
ensure visibility of signage. [Ord.
2013-018]
(4) Height
The maximum height of
an electrified fence and any attachments shall not exceed the height of any
required exterior non-electrified fence or wall, or other required screening,
by more than a maximum of two feet in height. Any portion of an electrified
fence that exceeds the height of the non-electrified fence shall be limited to
a maximum of two horizontally placed strands per vertical foot, a maximum of
12.5 gauge in diameter, with attachments spaced not less than 20 feet on
center, excluding gates. [Ord. 2013-018]
(5) Location,
Landscaping, or Screening
(a) Within Required
Setbacks
Electrified fences
shall not be permitted within any required setback or within 50 feet from
property lines, whichever is greater, unless the perimeter landscape buffer is
in compliance with Art. 7, Landscaping, unless stated otherwise herein. [Ord. 2013-018]
(b) Within 50 Feet of
Any Property Line
Any electrified fence
located within 50 feet of any property line (excluding within a required perimeter
buffer) and abutting a non-conforming landscape buffer, shall be screened from
view by landscaping, fences, walls, or buildings, excluding the top two feet. [Ord. 2013-018]
(c) Outdoor Storage
The use of electrified
fences in outdoor storage areas shall only be permitted when in compliance with
the following screening requirements, excluding the top two feet: [Ord. 2013-018]
(1) When located in non-residential
districts, the screening requirements of Art. 5.B.1.A.3, Outdoor Storage and
Activities; and [Ord. 2013-018]
(2) When located in residential districts or
for uses which allow outdoor storage by definition or in another Section, shall
be screened from view by landscaping, fences, walls, or buildings. [Ord. 2013-018]
(d) Mechanical
Equipment
The use of electrified
fences with mechanical equipment shall only be permitted when in compliance
with the screening requirements of Art. 5.B.1.A.20, Mechanical Equipment, excluding the top two feet. [Ord. 2013-018]
6) Non-Conforming
Dangerous Materials
If a property has non-conforming
dangerous materials in areas that will be secured by the installation of
electrified fences, the dangerous materials shall be removed prior to electrification
or the issuance of a Certificate of Completion by the PBC Building Division for
the electrified fence. [Ord. 2013-018]
(7) URAO, IRO, WCRAO,
and TDD Limitations
(a) Electrified fences shall not be permitted in
any URAO, IRO, or TDD developments constructed with a required build-to-line or
any other area unless located behind buildings and in areas not accessible by
the public. [Ord. 2013-018] [Ord.
2017-025]
(b) Electrified fences within the WCRAO shall be
prohibited in all Sub-areas except for the UI Sub-area. [Ord. 2013-018]
Outdoor storage of
merchandise, inventory, vehicles and trailers used in operation of a business, equipment,
refuse, or similar materials, and outdoor activities associated with a use operation
in all zoning districts shall be subject to the following standards, unless
stated otherwise: [Ord. 2017-007] [Ord. 2019-039]
Figure
5.B.1.A – Outdoor Storage
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