Article 5
Supplementary Standards

CHAPTER A     GENERAL

Section 1         Purpose and Intent

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.

Section 2         Definitions

See Art. 1.H, Definitions and Acronyms.

Section 3         Deviations

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]

CHAPTER B     ACCESSORY USES AND STRUCTURES

Section 1         Supplementary Regulations

A.   Accessory Uses and Structures

1.   General

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.

 

 

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]

 

 

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]

2.   Fences and Walls

a.   Height Measurement

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]

 

 

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]

 

 

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]

 

 

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.

e.   Dangerous Materials

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]

3.   Outdoor Storage and Activities

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]