SECTION 47-19. ACCESSORY USES, BUILDINGS AND STRUCTURES
3. An accessory use is any use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same parcel with the principal use which meets the requirements of Section 47-19, Accessory Uses, Buildings and Structures.
4. A secondary use is a second principal use which is only permitted in connection with another principal use.
Sec. 47-19.1. General requirements.
A. No accessory use or structure shall be permitted to be constructed, placed, erected or built on any parcel of land or water, prior to the start of construction of the principal building, except the following:
1. A fence as permitted by Section 47-19.5. (Temporary Fences).
B. No accessory use or structure may be located within a required yard specified by the zoning district where the development site is located, unless specifically permitted by the ULDR.
C. No accessory use or structure shall be permitted to be used if the principal structure is no longer in use.
D. All accessory uses or structures built in the front yard shall conform to the front and side yard restrictions for residential buildings in the district in which they are built.
E. No accessory use or structure shall be permitted within a sight triangle except as provided in Section 47-35 of the ULDR.
F. No accessory use or structure greater than two and one-half (2 1/2) feet in height shall be permitted within five (5) feet of the waterway as measured in accordance with Section 47-2.2.R., unless specifically permitted, and in accordance with the ULDR or when required by the Florida Building Code.
G. No accessory use or structure shall be permitted to be located in a manner which may cause runoff onto adjacent properties.
H. No accessory use or structure shall be located on a corner lot within fifteen (15) feet of any side street property line. For other than corner lots, when an accessory use or structure is permitted in the front or rear yard, but is not expressly permitted in the side yard, such accessory use or structure shall be setback from the side property line a minimum distance equal to the required side yard required by the zoning district where the development site is located.
I. Whenever the principal building is on the rear of the lot, not over twenty-five (25) percent of the front yard area shall be occupied by an accessory use or structure.
J. An accessory use or structure may be attached to another accessory use or structure. However, in no instance shall the aggregate gross floor area of all accessory uses or structures on a parcel exceed forty-nine percent (49%) of the gross floor area of a principal building on the development site, either individually or together, unless otherwise provided for herein.
K. When a garage is constructed on a corner lot, the garage must be set back a minimum of eighteen (18) feet from any property line adjacent to a street for the purpose of providing adequate parking or stacking area in the driveway.
L. Except as otherwise provided in this Section 47-19, the following provisions shall apply. No accessory structure shall be built in the front yard more than one (1) story, or thirteen (13) feet in height. The following accessory buildings will be permitted in residential zoning districts: Private garage, garden house, or structure of the same classification. Within a residential zoning district, no accessory use or structure shall be greater in height than the principal building and in no instance shall the height of an accessory use or structure be greater than twenty-four (24) feet in height except that on lots of greater area than one (1) acre, an accessory building shall not be more than thirty-five (35) feet in height; providing it is located not less than thirty (30) feet from every lot line. The total areas of accessory buildings shall not be greater than thirty-five percent (35%) of the rear yard area. No accessory buildings shall be built closer than ten (10) feet to any rear line which is a street or alley line, or, in the case of corner lots, closer than fifteen (15) feet to any side street line except as otherwise provided herein.
M. No private garage will be allowed in residential districts in which is conducted any business. One (1) commercial vehicle of not more than one and one-half (1 1/2) tons' weight or capacity may be stored in any private garage in a residential district. Space shall not be leased for a commercial vehicle.
(Ord. No. C-97-19, § 1(47-19.1), 6-18-97; Ord. No. C-99-18, § 5, 3-16-99; Ord. No. C-03-19, § 6, 4-22-03; Ord. No. C-04-2, § 2, 1-12-04; Ord. No. C-04-3, § 2, 2-3-04)
Sec. 47-19.2. Accessory buildings and structures, general.
A. Accessory dwellings. Accessory dwellings (also known as "granny flats" or cottages) may be permitted only when accessory to a standard single family dwelling in RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25 and RMH-60 zoning districts, and subject to the following limitations:
1. An accessory dwelling shall not be greater than six hundred (600) gross floor area in area or forty-nine percent (49%) of the gross floor area of the principal structure, whichever is less.
2. An accessory dwelling shall be limited to either a one (1) bedroom/one (1) bath unit, or an efficiency.
3. When an accessory dwelling is attached to another accessory structure, the accessory dwelling shall have a separate entrance than the attached accessory structure and shall be separated from the attached accessory structure by a common fire resistant wall.
4. There shall be no more than one (1) accessory dwelling per single family lot.
5. An accessory dwelling, together with the principal single family dwelling, shall not exceed the maximum density permitted by the zoning district within which it is located. The following minimum parcel sizes for the principal and accessory dwelling shall be required:
a. RS-8 zoning district: ten thousand, eight hundred ninety (10,890) gross square feet.
b. RD-15 zoning district: six thousand (6,000) gross square feet.
c. RC-15 and RM-15 zoning districts: five thousand, eight hundred eight (5,808) gross square feet.
d. RML-25, RMM-25, RMH-25 and RMH-60 zoning districts: five thousand (5,000) gross square feet.
6. Parking spaces shall be provided for each dwelling unit in accordance with the requirements set forth in Section 47-20, Parking and Loading Requirements.
7. No accessory dwelling shall be built on any lot in an RS-8 and RD-15 district except servant's quarters for persons other than the immediate family employed on the premises.
B. Architectural features in residential districts. Architectural features such as eaves, cornices, unenclosed balconies with open railings, window sills, awnings, chimneys, bay windows, and dormers accessory to a residential use are permitted to extend into a yard area a distance of three (3) feet from the face of the building, or one-third ( 1/3) of the required yard, whichever is less. Accessory uses which encroach into any yard area are permitted to have a total combined linear facade length not greater than twenty percent (20%) of the total linear length of the facade to which they are attached. Items such as windowsills or belt courses which extend six (6) inches or less into the yard area shall not be considered for the length limitation. Eaves shall not be subject to the length limitation. The dimensional limitations of this subsection shall not apply and the provisions of subsection C. shall apply to awnings accessory to a residential use in a nonresidential zoning district.
C. Awnings and entrance canopies in nonresidential districts.
1. Awnings accessory to a nonresidential use in any zoning district or a multifamily use in a nonresidential zoning district are permitted to be located in the yard and extend to the property line abutting a street subject to city engineering standards. When located within five (5) feet of a property line adjacent to a street, such awnings shall maintain a minimum eight (8) feet clearance between the lowest rigid point of the structure and the sidewalk immediately below and are subject to city engineering standards. When there is no sidewalk, the clearance shall be measured from natural elevation. A flexible valance attached to an awning requires a seven (7) foot clearance when located within five (5) feet of a property line adjacent to a street.
2. Entrance canopies.
3. Awnings may be permitted within the right-of-way in accordance with Section 25 of the Code.
E. Caretaker, watchman dwelling. A caretaker unit may be permitted as an accessory use only to a nonresidential use, subject to the yard requirements of the zoning district where it is located. The application of flexibility or reserve units is not required for a caretaker dwelling.
F. Chimneys and flues. Chimneys and flues may encroach into required yards in all zoning districts for an area not to exceed five (5) square feet.
G. Decks.
1. At-grade decks shall be permitted in all zoning districts within the front, rear or side yards, but shall not exceed the finished floor elevation of the ground floor of the principal building or buildings. There is no required setback for an at-grade deck.
2. Above-grade decks shall be permitted in the required front, rear or side yards but no closer than five (5) feet from any property line, and no greater in height than two and one-half (2 1/2) feet as measured from the finished floor elevation of the ground floor of the principal building or buildings. The vertical edge of an elevated deck that is visible from the right-of-way or adjacent property shall be finished according to industry standards and with materials that are consistent with the materials usedin the deck itself.
H. Driveways. Driveways shall be permitted in all zoning districts within the required front and side yards. Driveways shall be permitted in all residential zoning districts within the required rear yards only when that yard abuts a street or alley. In nonresidential zoning districts, driveways shall be permitted in any yard, except where prohibited by the ULDR. A driveway shall be a minimum of eighteen (18) feet in length when used as a stacking or a parking space. See Section 47-20, Parking and Loading Requirements.
J. Entranceway trellis, freestanding. An open weave freestanding trellis which denotes access to an entrance or path in a residential district may be permitted in the required front yard but shall be no greater than eleven (11) feet in height, eight (8) feet in width, and four (4) feet in depth, and shall be constructed so as to be no more than fifty percent (50%) opaque. Such a trellis shall meet the same setback requirements for fences, as described in Section 47-19.5, Fences, Walls and Hedges.
K. Garages and carports (residential use). Garages and carports may extend into a required front yard in RD, RC and RM zoning districts when accessory to a single family dwelling but no closer than twenty (20) feet from the front property line.
P. Freestanding shade structures. Freestanding shade structures (such as a gazebo, a tiki hut, or a trellis) may be permitted when accessory to residential uses, in the required rear yard but no closer than five (5) feet from the rear property line except where a parcel is abutting a waterway, where they shall be no closer than ten (10) feet from the waterway as measured in accordance with Section 47-2.2.R. Freestanding shade structures shall be open on all sides and shall be no greater in height than twelve (12) feet measured from the ground to the top of the structure, and shall be limited in size to a maximum of two hundred (200) gross square feet in area for that portion of the structure protruding into the required yard area. No more than one (1) freestanding shade structure per plot shall be permitted in the required rear yard.
Q. Flag pole. Flag poles may be permitted when accessory to a residential use, and may be located in the required rear and front yards, no closer than five (5) feet from any property line, and no greater in height than twenty (20) feet. Flag poles may be permitted when accessory to a nonresidential use at a height not exceeding thirty (30) feet and subject to the yard requirements of the zoning district in which it is located. All flag poles shall be subject to the limitations set forth in the Sign Regulations, as provided in Section 47-22.
R. Light fixtures, freestanding. Light fixtures may be permitted as an accessory to a residential use and may be located in the required front yard no closer than five (5) feet from the front property line and no greater in height than twelve (12) feet. Light fixtures shall be shielded, angled or both so that any direct or indirect light shall not cause illumination in excess of one (1) footcandle onto any abutting parcel of property except lighting of a parking facility shall comply with the requirements of Section 47-20. All light fixtures accessory to a nonresidential use shall be subject to the yard requirements of the zoning district in which it is located.
S. Mechanical and plumbing equipment. Mechanical and plumbing equipment, such as air conditioner compressors, lawn irrigation pumps, and swimming pool accessories may be located within the required side or rear yards, but shall be no closer than five (5) feet from any property line provided that no such structure exceeds five (5) feet in height measured from the grade, eight (8) feet in length and limited to an area of forty (40) square feet.
T. Open steps. Open steps may be permitted in all zoning districts in a required yard when such steps are no greater in height than the lowest habitable finished floor of the principal building(s) on the site.
V. Patio.
1. At-grade patios, and any other such impervious surface area, other than tennis courts, may be permitted within all zoning districts in the required front, rear and side yards when such patio is no greater in height than the lowest habitable finished floor of the principal building on the site, subject to pervious ground area requirements.
2. Above-grade patios, and any other similar impervious surface area shall be permitted in the required front, rear or side yards but no closer than five (5) feet from any property line, and no greater in height than two and one-half (2 1/2) feet as measured from the finished floor elevation of the ground floor of the principal building or buildings. The vertical edge of a patio that is visible from the right-of-way or adjacent property shall be finished according to industry standards and with materials thatare consistent with the materials used in the patio itself.
W. Planters. Planters may be permitted within all zoning districts in the required front, rear and side yards to a height not exceeding six and one-half (6 1/2) feet. The combined height of the planter and mature plantings shall not exceed ten (10) feet. Height shall be measured from grade in accordance with Section 47-2.2.G.2, subject to the following:
1. When abutting a street:
a. Planters, including the plantings, greater than two and one-half (2 1/2) feet in height shall be required to maintain a minimum average three (3) foot setback;
b. The linear distance of any one (1) segment of the planter parallel to the property line and closer than three (3) feet from the property line cannot exceed thirty (30) percent of the length of the property line.
2. When abutting a waterway, planters exceeding two and one-half (2 1/2) feet in height above grade shall be located no closer than ten (10) feet from the waterway as measured in accordance with Section 47-2.2.R.
X. Private recreation facilities. Private open space and/or indoor or outdoor recreation facilities when permitted accessory to a multifamily, cluster, or townhouse development shall be located on the same plot as the residential development and shall only be used by the persons living in the development and their guests. Within the RMH-60 district, multifamily dwellings with more than one hundred (100) units may have personal services, patio bars and food service areas for use only by persons living within the multifamily development andtheir guests, subject to site plan level III review as provided in Sec. 47-24.2, Development Permits and Procedures. Access to such special multifamily accessory uses shall be limited to the interior of the building through the main lobby of the multifamily dwelling, and there shall be no direct public access from the exterior of the building, provided that entrance doors may be located in the ground level from adjacent property or any street except Atlantic Boulevard. Exit doors may be located in exteriorwalls. No signs or displays relating to such multifamily accessory uses shall be permitted.
Y. Porch. A porch may be permitted to extend into the required front yard only when attached to a standard single family home, but shall be no closer than seventeen (17) feet from the front property line in the RS-8, RD, RC and RM zoning districts. Such porches shall be open on at least two (2) sides with no screen enclosure permitted on the open sides.
Z. Roof mounted structures. Roof mounted structures such as air conditioners and satellite dish antennae shall be required to be screened so that the structure is not visible at the ground level from any adjacent property or property across a waterway from the development site. Vent pipes, skylights, cupolas, solar collectors and chimneys shall not be subject to this provision.
AA. Satellite dish antenna, ground level. Satellite dish antennae shall be placed within the building envelope and meet all required building setbacks and height controls in all yards when space is available. When space is not available or when available space does not technically meet the accepted location standard for satellite reception, then satellite dish antennae may be permitted within the required yards under the following conditions:
1. No part of the satellite dish antenna and support structure shall exceed a height above the roof of a principal structure on a lot or to a height technically necessary to receive signals, whichever is greater; and
2. The entire satellite dish antenna and support structure shall not protrude into an established side yard of the zoning district within which the satellite dish antenna exists unless it can be technically proven according to industry standards that no other adequate site exists on the parcel where the satellite dish antenna may be permitted in the side yard, but shall be no closer than five (5) feet from the side property line of the abutting property; and
3. The entire satellite dish antenna and support structure shall have a rear yard setback from the property line of at least one (1) foot for each one (1) foot of height. Where a satellite dish antenna is located on a property which abuts a waterway, then the satellite dish antenna must be set back at least ten (10) feet from the property line that abuts the waterway; and
4. The entire satellite dish antenna and structure shall not protrude into the required front yard required by the zoning district in which the satellite dish antenna is located; and
5. The maximum diameter of satellite dish antennae shall be no greater than twelve (12) feet.
BB. Swimming pools, hot tubs and spas.
1. An outdoor swimming pool, hot tub, spa or similar structure and their related architectural features such as waterfalls, when accessory to a standard single-family dwelling, zero lot line dwelling, duplex or two-family dwelling, townhouse, or cluster dwelling may be permitted in the required front, rear and side yard no closer than five (5) feet from any property line. Such outdoor swimming pool or similar structure when located within the required setback shall not exceed the finished floor elevation of the ground floor of the principal building or buildings. The height of a hot tub, spa or similar structure constructed as part of an outdoor swimming pool and within the required setback shall not exceed two and one-half (2 1/2) feet in height above the finished floor elevation of the ground floor of the principal building or buildings.
2. A swimming pool, hot tub or spa, when accessory to a hotel or multifamily dwelling, shall be subject to the minimum yard requirements of the zoning district in which it is located.
3. A hand-hold for bathers must be provided in accordance with the requirements of the Florida Building Code. (Moved from Section 47-19.5.E.)
4. Swimming pool setback measurements shall be made from the outer edge of the coping of the swimming pool.
5. Screen enclosures in the required rear or side yard of a standard single family dwelling shall be located no closer than four (4) feet from any property line, except where the property abuts a waterway the screen enclosure shall be located no closer than ten (10) feet from the property line abutting the waterway. Such screen enclosure, if utilized, shall be no greater in height than twelve (12) feet for that portion of the screen enclosure protruding into the required rear yard. No more than five (5) percent of required pervious ground area may occur within the screen enclosure.
6. A swimming pool, hot tub or spa which is covered or enclosed by material other than a screen enclosure shall be subject to the yard requirements of the zoning district in which it is located.
7. Hot tubs or spas may be covered by freestanding shade structures, as provided for in this section.
CC. Tennis courts. Tennis courts accessory to a standard single family dwelling may be permitted within the required side or rear yards but no closer than ten (10) feet from any property line. Any fence enclosing the tennis court shall not exceed ten (10) feet in height and shall be screened with a continuous hedge which is maintained at seventy-five percent (75%) of the height of the fence and is a minimum height of six (6) feet at installation. No glare from lighting onto adjacent properties shall be permitted. Tennis courts that are accessory to a nonresidential use shall be subject to the yard requirements of the zoning district in which it is located.
DD. Temporary sales or construction facility. A temporary sales or construction facility may be permitted as a temporary office accessory to new construction of a residential or nonresidential development provided such facility is only used for model, display, demonstration, security or office uses in conjunction with the new development. Such facility shall not be permitted prior to final site plan approval or prior to issuance of the first building permit, whichever occurs first; and must be removed within two (2) weeks after issuance of a certificate of occupancy (CO) or termination of site plan approval, whichever occurs first; and shall be removed if the building permit has expired and has not been issued within one hundred eighty (180) days of expiration. In addition, such facility shall be reviewed in conjunction with the proposed development plan or as an amendment to an approved development plan (site plan level I review).
EE. Utility and tool sheds, residential districts. Utility and tool sheds when accessory to a residential building may be permitted in the required rear and side yards, but no closer than five (5) feet from any property line except where property is abutting a street or waterway. Where abutting a street or a waterway, such shed shall be subject to the yard requirements of the zoning district where it is located. A shed shall be no greater than twelve (12) feet in length on any side and shall be no greater in height than ten (10) feet measured to the top ofthe structure and shall be no larger in area than one hundred (100) gross square feet. No more than one (1) shed shall be permitted per development site.
FF. Utility and tool sheds, nonresidential districts. Utility and tool sheds, when accessory to nonresidential use, shall meet the yard requirements of the zoning district in which they are located and shall be subject to the size and height limitations required by the zoning district in which they are located.
GG. Construction staging areas. The staging of public purpose construction projects including but not limited to the construction of public rights-of-way, utilities and facilities, may be permitted in all zoning districts as a temporary use, in order to allow for the safe, efficient completion of the project with minimal disruption to existing residents, businesses, and traffic, and to ensure that public services and facilities are available. Construction staging shall include the parking, placing and storing of construction materials, vehicles, equipment and support facilities required for the construction of a public project. Construction staging areas shall be permitted subject to the following review processes and conditions:
a. A description and sketch dimensioned to scale of the subject property proposed to be used as a construction staging area and a description of the proposed use of the area, including such information as the location and type of construction materials, equipment, support facilities, vehicles, trailers or other construction equipment, storage areas for materials, traffic circulation plan to and from the site, access to the site, location, type of materials and details of any required fencing.
b. A sketch of the proposed site signage, including all contact information; and the proposed location of the sign.
c. The time required to complete the public construction project.
d. A statement signed by the property owner acknowledging that the property owner consents to the temporary use of the property for construction staging as provided in the temporary construction permit application and that the property owner shall be held responsible for the removal of construction staging materials and debris if the applicant fails to do so upon termination of the temporary public purpose construction staging permit.
2. Standards.
a. A fence of a material, design, and construction that meets building code requirements and precludes visibility through the fence, except for openings necessary for safety, shall be erected around the perimeter of the site. The fence shall have a minimum height of six (6) feet and a maximum height of ten (10) feet; such height to be determined as part of the site plan level I permit based on what height is necessary to protect adjacent properties.
b. The site shall be posted with a sixteen (16) square foot sign clearly visible from a right-of-way identifying the project by name, the name of the contractor, and the engineer responsible for construction management, and a phone number where the applicant or its representative can be contacted on a twenty-four-hour basis.
c. Movement of vehicles, storage materials or other activities at the site shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, unless otherwise specifically approved as provided in the site plan level I permit.
d. Construction staging at the site shall be limited to the activities approved as part of the site plan level I permit and no other activities shall be permitted except as approved by amendment of the site plan level I permit.
e. Conditions of approval may be imposed if necessary to mitigate the impact on adjacent property such as temporary paving, landscaping, and watering, all in accordance with engineering standards.
f. A termination date for the temporary construction permit shall be established by the department based on the information provided by the applicant, but an extension of such termination date may be granted if good cause is shown by filing an amendment to the site plan level I permit.
3. Review process.
a. Approval of a site plan level I permit as described in Sec. 47-24.2.
b. In addition to the review process applicable to a site plan level I permit, the application shall be forwarded to and reviewed by the city's public services department and the property and right-of-way committee.
A recommendation from the city's public services department and the property and right-of-way committee shall be forwarded to the department and included as part of the review of the site plan level I application.
4. Review criteria. In addition to the review criteria for a site plan level I permit, the following shall apply:
a. The proposed plan meets the standards provided in this Sec. 47-19.2; and
b. The plan includes measures to insure there is minimal disruption to existing residents, businesses and traffic in the area.
5. Effective date of approval. The approval of a temporary construction staging area application by the department shall not take effect nor shall a permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed as provided in Sec. 47-26B., Appeals.
6. Appeal. If a temporary construction staging permit is denied or is approved with conditions unacceptable to the applicant, the applicant may appeal the decision in accordance with the procedures provided in Sec. 47-26B., Appeals.
7. If, during the course of the construction of the public purpose construction project it is found that activities on the construction staging area site are detrimental to the health, safety and welfare of the public as determined by the city engineer, the applicant shall be given notice of additional measures that must be taken in order to mitigate the negative impact. If the applicant fails to institute such measures within five (5) calendar days of notice, notice shall be given of a hearing to be held before the city commission and applicant shall be required to address the impacts associated with the staging area site. If the city commission finds that negative impacts exist, it may impose conditions on the construction staging permit. If the applicant fails to demonstrate how the negative impacts will be mitigated or fails to institute the measures within the time required by the city commission, the city commission may terminate the permit.
8. Termination of permit. The temporary construction staging permit shall terminate on the date established by the department or the city commission as provided in this subsection FF. Upon termination of a temporary construction staging permit the site applicant or property owner shall have thirty (30) days from termination to restore the site to a clean and safe condition with all construction staging materials and debris removed.
II. Portable storage units.
1. A portable storage unit (PSU) or portable on-demand storage unit is any container designed for the storage of personal property that is typically rented to owners or occupants of property for their temporary use and that is typically delivered and removed by a truck. A PSU is intended for offsite storage and is therefore permitted on the property solely for the loading and unloading of goods. Portable structures designed for depositing personal goods to be donated to a non-profit charitable organization arenot included in the definition of a PSU.
2. A PSU is subject to the following conditions when located on a property in the City of Fort Lauderdale:
a. The PSU shall not exceed eight (8) feet in width, sixteen (16) feet in length and nine (9) feet in height.
b. There shall be no more than one (1) PSU allowed per site.
c. A permit is required prior to the placement of the PSU on a property in conformance with the requirements of this regulation. The permit shall be posted in a conspicuous location at the site for the entire time the PSU is on the property.
d. The PSU shall be placed on the driveway, an approved parking area, or in the buildable portion of the lot and shall not be placed in a public right-of-way.
3. When the physical limitations of the property prohibits placement of the PSU on the lot, the PSU may be placed in the swale provided the following conditions are met:
a. Prior written approval from the city engineering department and issuance of the required right-of-way permit.
b. The PSU may only be placed on an area approved for parking.
c. The area must be adjacent to the property using the PSU.
d. The PSU shall have safety reflectors on all sides of the container.
e. The PSU shall not obstruct the public sidewalk or roadway.
f. The PSU shall not create a hazardous condition and shall not block the visibility of streets, intersections, traffic control devices, alleys, or driveways or interfere in any way with vehicular or pedestrian traffic.
g. The PSU shall be removed within seventy-two (72) hours of placement in the swale or the City may remove the PSU after the expiration of this time period at the PSU owner's expense.
4. A PSU shall not remain on a property in excess of the following duration. An event, as defined in this section, shall begin with the delivery and end with the removal of the PSU. Events may not be consecutive.
a. Residential use: A maximum of fourteen (14) calendar days per event and two events per dwelling unit per calendar year. A residential use by any applicant may not exceed twenty-eight (28) days in a calendar year.
b. Non-residential use: A maximum of thirty (30) calendar days per event and two events per commercial rental unit on a property per calendar year. A non-residential use by any applicant may not exceed sixty (60) days on a property per calendar year. A PSU on a commercial property must be located in a designated parking area on a portion of the site that has the least visibility from adjoining public rights of ways.
5. A PSU shall have the name and current telephone number and address of the company providing the PSU. No other signage shall be allowed on a PSU. Allowed signage shall not exceed thirty-three (33) percent of the area of the side of the PSU containing the signature and no more than two sides of any PSU shall contain signage.
6. A PSU shall be locked and secured by the owner or tenant of the unit or property at all times when loading or unloading is not taking place.
7. A PSU must be maintained in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks.
8. Storage of hazardous material in a PSU is prohibited.
9. Weather conditions:
a. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of seventy-five (75) mph or greater, all PSUs shall be removed from all properties in the city and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds.
b. As an alternative to removal, the PSU vendor may submit a tie-down proposal for approval by the Chief Building Officials or his or her representative and each PSU that is not removed shall be tied down in the approved matter by the deadline specified by the Chief Building Official.
10. The period of time a PSU is removed under this provisions shall not be applied to the determination of the duration of an event under this section.
(Ord. No. C-97-19, § 1(47-19.2), 6-18-97; Ord. No. C-97-51, § 7, 11-4-97; Ord. No. C-99-81, § 1, 1-19-00; Ord. No. C-00-37, § 1, 9-6-00; Ord. No. C-00-65, § 4, 11-7-00; Ord. No. C-02-13, § 1, 6-18-02; Ord. No. C-03-19, § 7, 4-22-03; Ord. No. C-04-2, § 3, 1-12-04; Ord. No. C-04-4, § 4, 1-12-04; Ord. No. C-05-12, § 1, 6-12-05)
Sec. 47-19.4. Dumpsters.
A. Intent. It is the intent of this section to regulate the location and construction of bulk container enclosures in a manner that promotes the public health and safety, and lessens or otherwise mitigates the visual impact of such bulk containers upon the community. A bulk container is a receptacle with a capacity of greater than one (1) cubic yard which purpose is for the disposal and storage of garbage, trash and any form of waste materials, not including hazardous or infectious wastes.
B. Exemptions.
1. Wheeled bulk containers for the disposal of solid waste or the collection of recyclables which are two (2) cubic yards or less in size, are exempt from the enclosure requirements of this section provided that, when not curbside for collection, they are positioned upon a hard surfaced pad located behind the building line(s) of the user location, and they are positioned such that the smaller side of the bulk container faces the public right-of-way, and a hard surface roll-way from the pad to the servicing area is provided to facilitate servicing. Wheeled bulk containers shall only be placed curbside for collection and shall remain curbside for a reasonable amount of time in order to facilitate collection. In no case shall wheeled bulk containers remain overnight at curbside or streetside.
2. If two (2) or more wheeled bulk containers are used under this exemption then they shall comply with the requirements of this section and shall be placed for storage on a pad.
3. Exclusion. For the purposes of this section, a wheeled refuse cart of one (1) cubic yard in size or smaller shall not be considered a wheeled bulk container.
4. On sites where the container cannot be seen off-site, at a height of five (5) feet above existing grade at any property line of the site, no enclosure shall be required.
5. No enclosure shall be required for bulk containers located on interior lots, behind the extension of the building line which directly abuts any alley.
C. Placement.
1. Bulk containers shall be placed for collection purposes in a location easily accessible to authorized collection vehicles. Unless in a public right-of-way for purposes of collection only, all bulk containers shall be placed within an approved enclosure as set out below in subsection D; and at any time of day on the scheduled collection day containers may be placed in position for direct pickup by the authorized agency as provided herein.
2. It shall be unlawful for any person to place, or cause to be placed, a bulk container or receptacle that services private property upon or in any street, alley or public right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way only for the period of time necessary for collection. The container shall be returned to its approved enclosure or location on the same day that it is set out for collection.
D. Enclosure requirements. The following enclosure requirements shall be met by all properties as described below.
1. Where required. All residential properties of four (4) or more units and all business and industrial properties which elect to use bulk containers, shall provide an on-site enclosure for bulk containers or waste receptacles, except as provided herein.
2. Minimum size. Each enclosure shall provide a minimum of eighteen (18) inches of clear space between each side of each bulk container (including lifting flanges) and the adjacent wall surface of that enclosure, or other containers within that same enclosure. The height of each enclosure shall be six (6) inches greater than the highest part of any bulk container therein.
3. Service access. Placement of containers and enclosures shall be planned and constructed in a manner that allows unobstructed access to each container and the unobstructed opening of the gates during the emptying process. Containers shall not be located in such a manner that the service vehicle will block any intersection during the emptying process.
4. Gates. All enclosures shall have gates and their construction shall be of sturdy metal frame and hinges with an opaque facing material. Servicing gates shall incorporate gate stops and latches that are functional in the full open and closed positions. Enclosures with gates that swing out from the container shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so that access and servicing gates function properly and do not sag. Allgates for pedestrian access shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container(s).
5. Maze or baffle style openings. Maze or baffle style openings shall be permitted in place of an operating, pedestrian access gate. A maze style opening is an opaque wall or fence that can be located no more than forty-eight (48) inches and no less than thirty-six (36) inches from the enclosure opening and must be a minimum length of one and one-half (1 1/2) times the length of the opening and shall be centered upon the opening. These openings shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width.
6. Pads and service drives. All enclosures shall be placed on poured concrete, solid or perforated interlocking concrete block paving (ICB), or any existing hardened paving system. A service access drive for the purpose of emptying the bulk container shall also be provided unless a hard surface that provides access to the bulk container already exists. Such pads and approach drives shall replace existing curb, gutter and sidewalk when necessary. In cases where a hard surface or drive which is adequate to support the combined full weight of the bulk container, the enclosure and service vehicles does not exist, a ten (10) foot wide hard surface extension directly in front of the bulk container shall be required for purposes of emptying the container.
7. Garbage containers. All receptacles and bulk containers which receive garbage, liquid waste or food from food handling operations including, but not limited to, bakeries, meat processing plants, or any business establishment where it is determined that garbage, liquid waste, or food will be accumulated, shall have a raised concrete slab, a drain, and cleaning water facilities for said receptacles and containers and be constructed in accordance with the provisions of the Florida Building Code (Broward Edition).
8. Maintenance. Approved enclosures shall be maintained in good condition and appearance at all times. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods. Enclosures and containers shall be cleaned periodically to prevent noxious odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be repaired or rebuilt whenever the pavement structure deteriorates.
E. Materials and construction methods. Enclosures shall be constructed of walls or fences of wood or plastic lumber, (finished) masonry units, (finished) concrete, earth berms, landscape screens or any combination of these elements, and shall be constructed in a manner described below in subsections E.1 through 6. The material(s) used shall be compatible with those of adjacent or surrounding buildings or structures and may be used in any combination of the enclosure materials referenced above. Gates shall be constructed of opaque materials in the manner provided in subsection D.4.
1. Wood lumber. Wood fences shall be of a durable species, incorporating architectural design features to enhance appearance, and of a quality and design acceptable to the director or his designee. In making this determination, the director or designee shall consider the following:
a. Whether the wood is pressure-treated or has a finish that protects the wood from the elements;
b. Adequacy of the supporting in-ground posts;
c. That the lumber be a minimum of nominal one (1) inch by nominal six (6) inch boards and shall have a maximum spacing between boards of one (1) inch; and
d. Compatibility of materials with existing materials on the subject property and the surrounding neighborhood.
2. Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design acceptable to the director or designee. In making this determination, the director or designee shall consider the following:
a. Whether the material is coated or has a finish that protects the plastic from the elements;
b. Adequacy of supporting in-ground posts;
c. That the lumber be a minimum of nominal one (1) inch by nominal six (6) inch boards and shall have a maximum spacing between boards of one (1) inch; and
d. Compatibility of materials with existing materials on subject property and the surrounding neighborhood.
3. Masonry walls. All exterior faces of walls shall have a finish such as stucco, prefinished block, stacked block with struck joints, shadow blocks, painted or similar, installed according to industry standards and meeting with the approval of the director or designee.
4. Concrete walls. Precast or poured concrete walls shall have decorative textured finish of a quality acceptable to the director or designee.
5. Earth berms. Landscaped earth berms shall have slopes no greater than 2:1. Such earth mounding may be used in combination with other materials or methods of construction to achieve the required height to accomplish proper screening and may be used to cover the visible exterior surface of any enclosure.
6. Landscape enclosures. The use of evergreen or non-exfoliating landscaping shrubs as an enclosure shall be permitted under the following conditions:
a. The container to be enclosed is no more than four (4) feet in height; and
b. The landscape material is supported on the interior side by a dark colored, vinyl coated, commercial grade (9 gauge) chain link fence or by an uncoated galvanized chain link fence with dark colored, stiff high density, virgin polyethylene with ultra violet inhibitors. Vertical inserts shall be installed and fastened or locked into place on those enclosures which can be seen from the adjacent public rights-of-way or from windows or door openings in all adjacent residential buildings. The chain link fence shall have a matching top rail that shall be a minimum of one and five-eighths (1 5/8) inches, grade 1 steel, in thickness; and
c. The landscape enclosure and chain link fence shall be installed and maintained at a minimum height of six (6) inches above the highest point of the dumpster and all shrubs shall meet American Nursery Association standards with all replacement and all new shrubs being a minimum of thirty (30) inches in height at planting and spaced no greater than thirty (30) inches on center. All planting, plant selection, soil preparation and maintenance shall be as specified in Section 47-21, Landscape and Tree Preservation Requirements.
F. Location and screening requirements. One (1) or more of the following provisions may apply to enclosures:
1. Existing required landscape areas. The enclosure and access drive to a bulk container may encroach into the existing required landscape areas, if it is shown that it is necessary to provide adequate space for the enclosure and access drive. Such enclosures shall be landscaped so as to form a visual barrier between the enclosure and the street.
2. Shared between adjoining properties. Enclosures for one (1) or more containers may be located along or across adjoining property lines, and may serve two (2) or more adjacent properties, if affected property owners enter into a joint use agreement. Such joint use agreements shall be approved by the city and recorded in the public records of Broward County, Florida. If the joint use agreement is terminated, each property owner shall make separate provisions for their solid waste disposal. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines. Such enclosures shall be landscaped. Such landscaping may be reduced as the enclosure is located toward the rear or within low visibility areas of the property away from the public streets so long as a continuous visual barrier between the enclosure and the street is maintained.
3. Within parking areas. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines and shall be landscaped. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained. Applicants shall be permitted to reduce in size up to twenty (20) existing parking spaces from the standard eight (8) feet, eight (8) inches width to eight (8) feet, six (6) inches in width, or reduce the total number of spaces required by one (1), if shown to be necessary to provide space for the enclosure, which determination shall be made by the director or designee. The overall parking ratio, however, shall not be reduced to less than one (1) space for each dwelling unit.
4. Within yards. Enclosures may be located within building setback areas subject to the setback requirements in subsection F.5, and the enclosure shall be fully landscaped. The landscaping may be reduced if the enclosure is located toward the rear of the property or in an area which is not highly visible from public streets as long as a continuous visual barrier between the enclosure and the street is maintained. If the enclosure is located within a highly visible area within the building setback area, additional landscaping, architectural treatments or both, in addition to a visual barrier, may be required on the site as determined by the director or designee. The additional landscaping, architectural treatments or both shall be required to the extent it is found necessary to mitigate the impact of the location of the bulk container and enclosure on the site.
5. In compliance with setbacks. Enclosures located in compliance with setbacks may be required to be fully landscaped when the enclosure is freestanding on a property in a high visibility location. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained.
G. Camouflage/alternate screening.
1. In locations where sufficient space does not exist to allow construction of a bulk container enclosure and the provisions of this Sec. 47-19.4 have been met where possible, the director or designee may determine that no other trash management option as described in this section is reasonably available, and approve the application for a decorative veneer (camouflage) or other alternate screening method which may include conditions in lieu of enclosure construction. Such application and approval shall be conditioned so that there are no company identification/advertising logos on the veneer surface, the veneer is painted or stained a color compatible with the character and appearance of surrounding properties and the main building on the site, and the bulk container is placed upon a concrete pad the purpose of which is to ensure that the bulk container is positioned such that it is not an aesthetic detriment to the community.
2. Submittal requirements. Applications to the department shall contain the following documentation:
a. A site plan or survey detailing the building, the number and location of living units, lot size, landscaping on site (sod, trees, bushes, etc.), the number and location of parking spaces, the location, service frequency and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or a plan showing the proposed alternate screening or enclosure materials including a description of how the alternate screening meets the purpose and intent of this section; and
b. A typewritten narrative of alternate waste disposal and other trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.
H. Appeal to the planning and zoning board. If the property owner does not agree with the decision of the director or designee, an appeal may be made to the planning and zoning board. Appeals to the planning and zoning board for review of a decision of the director or designee shall be processed and determined in accordance with the provisions for site plan level III, Section 47-26B, Appeals, except as provided otherwise herein.
1. Applications for a determination regarding whether bulk refuse containers, as provided for in subsection E.6, may be covered with camouflage rather than enclosed or utilize an alternate screening method not provided for herein shall be processed as follows:
a. Who may file. The owner of a tract of land or his duly authorized agent.
b. Where to file. Form of application--Applications shall be filed at the department on forms furnished by the department.
c. Withdrawal of applications. An applicant may withdraw an application at any time prior to a vote on a motion before the planning and zoning board, but may forfeit all, or a portion of the application fee, dependent upon the actual amount of funds expended by the city up until the time of withdrawal.
d. Submittal requirements. Applications shall contain the following documentation:
i. A site plan or survey detailing the building, the number and location of living units, lot size, landscaping on site (sod, trees, bushes, etc.), the number and location of parking spaces, the location, service frequency and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or a plan showing the proposed alternate screening or enclosure materials including a description of how the alternate screening meets the purpose and intent of this section; and
ii. A typewritten narrative of alternate waste disposal and other trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.
2. Decision of the board. If the board grants the application, the decision of the planning and zoning board shall be that the camouflage or alternate screening method may be permitted by the department. In granting camouflage requests the planning and zoning board may require conditions of the applicant such as additional landscaping on the site, or a specific placement or orientation of the enclosure on the site may be required. The action of the planning and zoning board shall be based upon consideration of the following factors:
a. Impact on abutting properties of the proposed camouflage or alternate screening methods;
b. Compatibility of the proposed camouflage or alternate screening with on-site and off-site improvements; and
c. Whether the applicant's proposal adequately serves the goals and intent of this section. The planning and zoning board review of retroactive properties shall sunset and shall have no force and effect after November 30, 1995.
I. Planning and zoning board approval of innovative techniques for garbage disposal and storage. The planning and zoning board may approve the use of bulk containers without any enclosure or screening when the container, because of its design, already includes a camouflage or aesthetically pleasing design feature which complies with the intent of this section, and therefore, no additional screening or enclosure for aesthetic purposes would be required. The procedure for and authority of the planning and zoning board relating to such approvals shall be as provided for in Sec. 47-24.2, site plan level III.
J. Amortization. Existing nonconforming bulk containers shall be brought into full compliance with the enclosure requirements of this section by November 30, 1994, subject to the modifications and requirements described in subsections F, G, H, I and J.
K. Retroactively. Subsections B, F, G, H, I and J shall only apply to those locations that utilized bulk containers on March 3, 1989. All new construction shall completely enclose bulk containers on their own property and comply with all other provisions of the ULDR.
L. City liability. The city claims the exemption or exclusion afforded by any law of Florida now effective or hereafter enacted, which provides immunity to municipal officials and employees from actions for trespass, whether civil or criminal in nature.
(Ord. No. C-97-19, § 1(47-19.4), 6-18-97; Ord. No. C-03-23, § 2, 7-1-03)
Sec. 47-19.5. Fences, walls and hedges.
A. The purpose and intent for the regulations in this section is to promote safety, create buffers, ease the transition between public ways and private property, and promote aesthetics while allowing flexibility and variety in the design of a fence or wall.
B. Dimensional Requirements. The setback for a fence, wall or hedge shall depend on the height and percentage of transparency as shown in Table 1.
TABLE 1
TABLE INSET:
FENCES, WALLS AND HEDGES (Note D)
|
|
PERCENT TRANSPARENT (Note B)
|
SETBACK
(Note A & G)
|
|
|
|
|
|
STREET
|
SIDE
|
REAR
|
Residential Zoning Districts
|
|
|
|
|
|
1a. FENCE/WALL
|
Up to 2'-6"
|
N/A
|
0'-0"
|
0'-0"
|
0'-0"
|
1b. FENCE/WALL
|
2'-6"--4'-4"
|
75--100% transparency
|
0'-0"
|
0'-0"
|
0'-0"
|
1c. FENCE/WALL
|
2'-6"--4'-4"
|
Below 75% transparency
|
Min. Average 3'-0" (Note C, E, & F)
|
0'-0"
|
0'-0"
|
1d. FENCE/WALL
|
4'-4"--6'-6"
|
N/A
|
Min. Average 3'-0" (Note C, E, & F)
|
0'-0"
|
0'-0"
|
2. CHAIN LINK FENCE
|
Up to 6'-6"
|
N/A
|
Min. Average 3'-0" (Note C, E, & F)
|
0'-0"
|
0'-0"
|
Residential/Non-Residential Zoning Districts
|
|
|
|
|
|
3. FENCE/WALL
|
Up to 10'-0"
|
N/A
|
Min. Average 3'-0" (Note C, E, & F)
|
0'-0"
|
0'-0"
|
4. CHAIN LINK FENCE
|
Up to 10'-0"
|
N/A
|
Min. Average 3'-0" (Note C, E, & F)
|
0'-0"
|
0'-0"
|
5. HEDGES
|
Up to 10'-0"
|
N/A
|
0'-0"
|
0'-0"
|
0'-0"
|
Note A: Setbacks shall be measured from property lines, except when property abuts a waterway, the setback for the waterway shall be measured in accordance with Section 47-2 of the ULDR.
Note B: Transparency (openness) is calculated based on the fence or wall being viewed at ninety (90) degrees to the street property line. Percent is determined as follows: Total square feet of openings in fence being divided by the total fence area utilizing the top of the fence in all of its positions for varying heights.
Note C: The linear distance of any one (1) segment of the indicated accessory structure along a given property line abutting a street which is parallel to the property line and closer than three (3) feet zero (0) inches from the property line cannot exceed thirty (30) percent of the length of the property line.
Note D: Handrails or safeguards when required by federal or state codes shall be exempt from this section.
Note E: Landscaping is required between the property line and accessory structure. See subsection C. below for specific landscape requirements.
Note F: To determine the average setback distance for fences, walls, and planters, multiply the total length of the fence, wall or planter, as viewed at ninety (90) degrees to the property line, by a factor of three (3), where three (3) represents the required minimum average setback. The resulting product must be equal to or greater than the total which results when adding the sum of each fence, wall, or planter segment multiplied by its setback from the property line. Walls, fences or planters constructed at anangle to the property line shall use the distance to the center of the structure to determine the actual setback of the segment.
Note G: Exceptions to setbacks:
1. Residential districts:
a. In order to maintain sight visibility, the following shall apply:
i. For properties abutting a right-of-way, no opaque fence, hedge or wall shall be permitted to exceed two and one-half (2 1/2) feet in height when located within a sight triangle.
ii. For properties abutting a waterway, no opaque fence, hedge or wall shall be permitted to exceed two and one-half (2 1/2) feet in height as measured in accordance with Sec. 47-2.2.G, when located within ten (10) feet of the edge of the waterway.
2. Nonresidential districts:
a. In order to maintain sight visibility, no opaque fence, hedge or a wall shall be permitted to exceed two and one-half (2 1/2) feet in height when located within a sight triangle.
b. Existing nonconforming fences and walls in nonresidential districts shall be brought into full compliance with the requirements of this section 47-19.5 within five (5) years of the effective date of such ordinance adopting a provision of this section (Ordinance No. C-78-103 and Ordinance No. C-97-19).
c. Fences or walls abutting residentially zoned property which are required to be constructed by the ULDR, or when deemed necessary by the department to provide lateral support or protect adjoining property from dirt, dust, flying debris, noise, offensive odors or deleterious effects, shall be erected before or contemporaneously with the construction of the exterior walls of a building.
C. Landscaping Requirements:
1. Residential Districts: Unless a fence is permitted to be located at the property line pursuant to Table 1, all walls and fences, including chain link, shall be required to be planted with hedges, shrubs, groundcover or a combination thereof, in the area between the property line abutting a street and the fence or wall. The plantings shall consist of varied species.
2. Nonresidential Districts: In nonresidential districts, all fences and walls, including chain link fence, shall be required to be planted with hedges, shrubs, groundcover, trees, or a combination thereof. These plantings shall consist of varied species, and be located in the area between the property line abutting a street and the fence or wall. Trees may be standard, flowering or palms and shall be installed in accordance with Section 47-21.6, and planted an average of one (1) tree per twenty (20) lineal feet or portion thereof along such fence or wall. All fences and walls which do not provide this landscaping shall be brought into compliance no later than two (2) years of the effective date of the ULDR (June 28, 1997). Such perimeter landscaping shall not be required when a designated conservation area parcel is being fenced.
D. Standards for walls.
1. Except when a new wall directly abuts an existing wall or fence preventing access, walls shall be finished on both sides, with materials satisfying industry standards, such as painted stucco, prefinished block, or other prefinished materials, and shall be compatible with proposed or existing buildings. Walls shall include finishing features, such as, but not limited to, changes in texture or color, variety of materials, capstones, decorative painting or bands of tile.
2. The top of a wall may contain architectural features and light fixtures, however such features shall not exceed eighteen (18) inches above the maximum height of a wall. The combined width of the features shall not exceed twenty percent (20%) of the total linear length of the wall.
3. Gates and entrance features shall be permitted as follows:
a. A wall may have a pedestrian entrance with a gate. Such an entranceway, including any archway, may be no greater than eleven (11) feet in height, no more than eight (8) feet in width, and no thicker than eighteen (18) inches in depth and may be contiguous with the wall. Gates must swing or slide in a manner which does not obstruct public ways.
b. All openings in a required wall shall have a gate of the same or greater opacity and the same height as the wall. The gate shall be kept closed, except when opening is necessary for ingress and egress.
4. If a wall is located within the required yard adjacent to a street, the side of the wall facing the street shall be subject to the following criteria:
a. Decorative treatments shall be required to continue around the corner of the wall for a dimension equal to the height of the feature.
b. The wall shall be designed with changes in material, color, texture, or profile to avoid the massive, linear aspect and monotony of otherwise plain walls. Walls shall not be in a continuous straight line without an offset, change of direction, or significant vertical feature to break up the length of the wall as required by Table 1 of this subsection.
5. All walls shall be maintained in good repair and in a secure manner. All defective structural and decorative elements shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials and construction of the wall. All walls shall have all graffiti and loose material removed; any damaged portion of a wall shall be repaired or replaced in a manner consistent with these standards and any patching or resurfacing shall match the existing materials and shall be impervious to the elements, when possible.
E. Standards for Fences.
1. Required fences shall not be constructed of chain link unless specifically permitted herein, and shall be a minimum height of five (5) feet above grade, as measured in accordance with Section 47-2.2.G.2.
2. All fences may include architectural features and light fixtures along the top of the fence and gate, however such features shall not exceed eighteen (18) inches above the maximum height of a fence. The combined width of the features shall not exceed twenty percent (20%) of the total linear length of the fence.
3. A fence may have a pedestrian entrance feature with a gate. Such an entranceway, including any archway, may be no greater than eleven (11) feet in height, no more than eight (8) feet in width, and no thicker than eighteen (18) inches in depth and may be contiguous with the fence. Gates must swing or slide in a manner which does not obstruct public ways.
4. All fences shall be finished on the side facing the neighboring property or right-of-way, except when a new fence directly abuts an existing wall or fence preventing access. When a fence is located in a manner where both sides are visible from a right-of-way, both sides of the fence shall be finished.
5. If a fence is located within the required yard adjacent to a street, it shall be designed to reduce the linear aspect and monotony of fences. Fences shall not be in a continuous straight line without an offset or change of direction to break up the length of the fence, as described in Table 1 of this subsection.
7. All fences shall be maintained in good repair and in a secure manner. All defective structural and decorative element shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials and construction of the fence. All fences shall have all graffiti and loose material removed; any damaged portion of a fence shall be repaired or replaced in a manner consistent with these standards and any repairs shall match the existing materials and shall be impervious to the elements, when possible.
F. Fences, walls, hedges and structures around swimming pools. Portions of fences, walls and structures may be erected and hedges or landscaping installed, to the waterline of a swimming pool; provided, however, that no portion of any such item may exceed six (6) feet in length, measured along the perimeter of the pool. A clear path of a minimum width of twenty-four (24) inches shall be provided to separate one (1) portion of fence, wall or hedge from any other and a clear path of the same width shall also be provided through each portion, or around each portion, which path shall be located within fifteen (15) feet of the pool perimeter.
G. Exception to requirement for bufferyard wall.
1. Walls required in accordance with neighborhood compatibility, bufferyard requirements, as provided in Sec. 47-25.3.C.4 shall not be required for a nonresidential use when:
a. The abutting residential parcel has a wall which is a minimum of five (5) feet in height along the length of the shared property line and which is no greater than five (5) feet from the shared property line; and
b. There is no street, alley or waterway separating the nonresidential parcel from the residential parcel; and
c. There is a recorded agreement between the city and the nonresidential property owner(s) whereby the nonresidential property owner agrees to construct a wall in accordance with this section should the existing wall on the abutting residential parcel be removed or destroyed in such a manner so as to no longer comply with the minimum bufferyard requirements.
2. In a B-3 or I district, when a wall is required to screen outdoor storage of goods and materials, as described in Sec. 47-19.9, Outdoor Uses, an opaque fence of durable wood species may be used to screen such outdoor storage by special exception approval, in accordance with Sec. 47-24.12, if it is found that the nature of the storage will not have adverse effects on surrounding property or the public if the requested exception is granted. However, in no instance may a fence be used to replace a required wall along the property line abutting residential property.
H. Barbed wire fencing shall not be permitted, except as follows:
1. Temporary barbed wire fencing may be permitted on a construction site where there is an active building permit, provided that said fencing does not obstruct any public easement or right-of-way.
2. Barbed wire fencing may be permitted in the I, U, B-2, and B-3 zoning districts, at a height not exceeding ten (10) feet as measured in accordance with this Section, where outdoor storage of goods and materials is permitted as an accessory use, except where the nonresidential use is abutting residential property.
3. Barbed wire fencing shall not be visible from any street.
I. All property zoned in a PEDD or within the Port Everglades boundaries shall be exempted from the provisions of this section, except where it abuts property or streets outside the district.
J. Temporary fences.
1. A temporary construction fence may be permitted in conjunction with construction on a site in accordance with requirements determined by the department. The height, setback, landscaping and other requirements for a fence may be waived by the department subject to safety concerns. Such fence shall not be placed on the development site prior to final site plan approval or prior to issuance of the first building permit, whichever occurs first; and must be removed within two (2) weeks after issuance of a certificate of occupancy (CO) or termination of site plan approval, whichever occurs first; and shall be removed if the building permit has expired and has not been issued within one hundred eighty (180) days of expiration.
2. A fence may be permitted to be located parallel to the property lines of a vacant lot subject to the following:
a. The fence must be non-opaque; and
b. Is not required to meet the standards for fences provided in the ULDR while the property on which it is located is vacant, except as provided herein; and
c. Must meet site triangle requirements; and
d. Must have an opening at least ten (10) feet wide which may be gated.
(Ord. No. C-97-19, § 1(47-19.5), 6-18-97; Ord. No. C-99-18, § 6, 3-16-99; Ord. No. C-00-15, § 3, 2-15-00; Ord. No. C-03-19, § 8, 4-22-03; Ord. No. C-04-3, § 3, 2-3-04; Ord. No. C-05-10, § 1, 6-21-05)
Sec. 47-19.7. Home occupation.
A. A home occupation is an occupation which is conducted in a residential dwelling, which is subordinate to the use of the dwelling as a residence. A home occupation may be permitted as an accessory use to any residential use subject to the following restrictions:
1. The occupation is carried out only by persons residing on the premises.
2. There is no external evidence of the occupation such as the display, use or storage of any goods, materials or equipment, or exterior advertising or signage of any type or nature which is visible from the exterior of the residence.
3. No product or service shall be sold or offered for sale from the residential dwelling.
4. The occupation shall not occupy more than one-quarter ( 1/4) of the area of one (1) floor of the principal structure thereof, nor be carried on in any accessory or secondary building.
5. No traffic shall be generated by the conduct of such home occupation by other than those persons residing on the premises.
6. No equipment or manufacturing process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odor which is detectable from the exterior of the residential dwelling in which the home occupation is being conducted.
(Ord. No. C-97-19, § 1(47-19.7), 6-18-97)
Sec. 47-19.9. Outdoor uses.
A. All uses, including sale, display, preparation and storage, shall be conducted within a completely enclosed building, except as follows:
1. Garden center. Outdoor retail sales of plant materials not grown on the site, home garden supplies and related garden merchandise, may be permitted as an accessory use only to a garden center.
2. Outdoor storage of goods and materials. Outdoor storage of goods and materials including but not limited to machinery, supplies, inventory products, equipment and the like when permitted as an accessory use shall be subject to the following conditions:
a. Outdoor storage of goods and materials must be completely screened from abutting residential property and all public rights-of-way by a wall constructed in accordance with the requirements of Sec. 47-19.5, Fences, Walls and Hedges. Such wall shall be a minimum of six and one-half (6 1/2) feet in height and a maximum of ten (10) feet in height.
b. Outdoor storage of goods and materials must be completely screened from abutting nonresidential property by a wall in accordance with the requirements of Sec. 47-19.5, Fences, Walls and Hedges.. Such wall shall be a minimum of six and one-half (6 1/2) feet in height and a maximum of ten (10) feet in height.
c. No machines, supplies, inventory products, equipment or materials other than landscaping exceeding the height of the wall shall be allowed in such permitted outdoor storage area.
e. Such walls in outdoor storage areas in an Industrial (I) district may be permitted to a maximum height of fifteen (15) feet, except where such wall is abutting residential property.
f. Surface. All outdoor storage areas shall have an adequately drained asphaltic concrete surface.
3. Outdoor display of vehicles or watercraft for sale or rental.
a. Outdoor display of vehicles or watercraft for sale or rental shall be used exclusively for the display of new or used motor vehicles or watercraft for the purpose of sale or rental, but shall not be used for service of vehicles or parking of vehicles used by customers, visitors, and employees of such use.
d. Surface. All outdoor storage areas shall have an adequately drained asphaltic concrete surface.
4. Outdoor storage of vehicles or watercraft for sale, rental, service or repair.
a. Outdoor storage of vehicles or watercraft for sale, rental, service or repair, is permitted as an accessory use to an automotive or watercraft sales or rental use and shall be used exclusively for the storage of new or used vehicles or watercraft, for the purpose of sale, service, rental but not for parking of vehicles used by the customers, visitors, and employees of the principal use.
c. Outdoor storage areas shall be considered a vehicular use area for purposes of Section