City of South Pasadena, FL
Pinellas County
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Table of Contents
Table of Contents

§ 130-27 Use categories having special requirements listed.

The following use categories listed below have special requirements, as indicated.
A. 
Automobile service station.
B. 
Marinas and marine repair facilities.
[Added 5-17-1988 by Ord. No. 88-03]
C. 
Home occupations.
D. 
Hotels and motels.
E. 
Cluster zoning.
F. 
Nursery schools and day-care centers.
G. 
Required fences, walls, plantings and hedges (see Chapter 103, Fences).
H. 
Prohibited fences, walls, plantings and hedges (see Chapter 103, Fences).
I. 
Exempt fences and walls (see Chapter 103, Fences).
J. 
Special exception permit uses.

§ 130-28 Automobile service facilities.

A. 
Automobile service facilities shall be not less than 200 feet from any residential district.
B. 
Site size. The lot area shall be not less than 20,000 square feet with a minimum frontage of 150 feet.
C. 
Repair work enclosed. No repair work shall be performed outdoors. All lifts and pits must be in a completely enclosed structure.
D. 
Facilities location. All gasoline pumps shall be located at least 25 feet from any building, street line or property line.
E. 
Fuel storage underground. All fuel oil and gasoline must be stored in underground tanks in accordance with the Fire Prevention Code.[1]
[1]
Editor's Note: See Ch. 106, Fire Prevention.
F. 
Outdoor storage prohibited. Disassembled automobiles may not be stored outdoors in open view. The premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

§ 130-29 Marina and marine repair facilities.

[Added 5-17-1988 by Ord. No. 88-03]
A. 
Location restrictions. Marina and marine repair facilities shall not be less than 200 feet from any residential district or from any other district on which the following uses exist and apply: Adult congregate-living facility, motel, hotel, rooming house, tourist home, nursing home, hospital, dormitory, fraternity or sorority house, rental apartment or condominium living unit or units.
B. 
Aquatic land. Aquatic land or any portion of the property considered permanently under aquatic influence shall not be used in whole or in part in the determination of required green space, parking space, building size and lot line setback requirements as provided under the laws of the City. However, aquatic land or any portion of the property considered permanently under aquatic influence may be used in the determination of required parking space(s).
[Amended 4-17-1990 by Ord. No. 90-09]
C. 
Repair work out of view. No repair work of any kind shall be performed outside of an enclosed structure where such repair work is exposed to the view of neighboring properties or from any street bordering the subject property.
D. 
Facilities location. All gasoline and fuel oil pumps shall be located at least 25 feet from any building, street line or property line.
E. 
Fuel storage underground. All fuel oil and gasoline must be stored in underground tanks in accordance with the fire prevention code.[1]
[1]
Editor's Note: See Ch. 106, Fire Prevention.
F. 
Outdoor storage prohibited. Inoperative, incomplete or partially assembled water or land vehicles, trailers, lubricating materials, parts or components of any kind shall not be stored outside of an enclosed structure.
G. 
Other prohibitions. The premises shall not be used to promote, advertise, encourage or effect the sale, rental or trading of water or land vehicles of any kind.
H. 
Exemption; stipulation.
[Added 12-20-1988 by Ord. No. 88-31]
(1) 
Nothing contained in Subsections A through G above shall be construed to alter, modify or effect the terms and conditions of that certain court-approved stipulation between the City of South Pasadena and Great American Boat Yard, Inc., executed May 11, 1987, and said restrictions shall not apply to the property which is the subject of the aforementioned stipulation.
(2) 
The property which is the subject of the court-approved stipulation shall not be treated as a nonconforming use as of the date of execution of said court-approved stipulation within the meaning of this Part 1.
(3) 
All future improvements to the land, structures, buildings or sheds occurring subsequent to the date of said court-approved stipulation shall conform to all of the requirements of this Part 1 as they shall exist at the time.

§ 130-30 Home occupations.

[Amended 4-17-1990 by Ord. No. 89-49; 9-18-1990 by Ord. No. 90-17; 1-26-1993 by Ord. No. 92-29]
Every home occupation, as defined in § 130-4 of this chapter, shall require a home occupation permit issued by the Department of Community Improvement. No person shall engage in any type of home occupation without first obtaining a home occupation permit.
A. 
Application for home occupation permit.
(1) 
Applications for home occupation permits shall be made on forms supplied by the Department of Community Improvement. The person making the application must be the principal person who will be engaged in the home occupation.
(2) 
Where the applicant is not the property owner, the consent form portion of the application must be completed and signed by the property owner(s).
(3) 
A nonrefundable application fee, to be set by resolution, shall be submitted with the application.[1]
[1]
Editor's Note: The current resolution is on file in the office of the City Clerk.
(4) 
Where the applicant proposes to conduct the home occupation in a multifamily complex, the applicant shall issue, by certified or registered mail, upon applicant's permit request, notice to the condominium association office of record in the case of a dwelling unit positioned within said association, intended to be used for the home occupation and shall furnish the Department of Community Improvement proof of said certified mailing.
B. 
Requirements for issuance of home occupation permits.
(1) 
In order to qualify for a permit, an applicant must meet the following criteria and must sign a statement agreeing to be bound by the following:
(a) 
The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to its use for residential purposes.
(b) 
Not more than 20% of the living area of the dwelling unit shall be used in the conduct of the home occupation.
(c) 
Attached or detached carports, garages or accessory structures shall not be used in the conduct of the home occupation.
(d) 
No outside display, storage or use of land shall be utilized in the conduct of the home occupation.
(e) 
As part of the activities of the home occupation, there shall be no mechanical or electrical equipment used or other activities carried out on the premises that result in noise, vibration, glare, fumes, smoke, odors or electrical interference to others of a frequency and duration beyond that which is generally considered applicable to domestic or household activities.
(f) 
No commodity shall be sold or displayed on the premises such that it can be seen exterior to the premises.
(g) 
No additional traffic, pedestrian or vehicular, shall be generated from the activities of the home occupation that is greater in volume than is normal for the street or private driveway on which the home occupation is located.
(h) 
Not more than one home-occupation-related motor vehicle will be parked on the premises, and said motor vehicle shall not exceed 20 feet in overall length and 6 1/2 feet in overall height.
(i) 
No accessory vehicles, such as trailers or equipment on wheels, shall be home-occupation related and parked on or adjacent to the premises at any time.
(j) 
No change in the outside appearance of the building or premises shall occur as a result of the home occupation, and no sign shall be displayed anywhere which is home-occupation related.
(2) 
In addition to the requirements set forth in § 130-30B(1), the Director of the Department of Community Improvement or his/her designee shall consider the following and will only issue a home occupation permit if the following conditions are satisfied:
(a) 
Considering the nature and character of the proposed home occupation, it is reasonable to assume that the applicant will be capable of meeting the requirements of § 130-30B(1).
(b) 
The home occupation permit, if issued, will not alter the character of the neighborhood in which the home occupation is proposed.
C. 
Duration of permit; requirement for business tax receipt; renewals.
[Amended 3-13-2007 by Ord. No. 2007-02]
(1) 
Home occupation permits shall be issued to coincide with the effective dates of the required City business tax receipt. Any person who receives a home occupation permit must also obtain a business tax receipt. The home occupation permit shall expire simultaneously with the business tax receipt and must be renewed annually.[2]
[2]
Editor's Note: See Ch. 146, Business Tax Receipts.
(2) 
Any home occupation permit which has not been the subject of a complaint or violation shall be entitled to automatic renewal upon re-execution of the original application. Said renewal shall not require a fee.
(3) 
In the event that a violation of any of the conditions of § 130-30B(1) has been determined by the Code Enforcement Officer to have occurred during the previous year or allegations regarding a violation are pending, the applicant must submit a new application and application fee and provide a written statement detailing what changes, if any, have been taken to assure that no further violations are likely to occur if the permit is renewed.
(4) 
The Director of the Department of Community Improvement shall consider the alleged violation in making his/her determination of whether or not the applicant has met the criteria set forth in § 130-30B(2).
D. 
Enforcement; permit revocation. The Department of Community Improvement, through its Code Enforcement Officer, shall immediately investigate any alleged violation of § 130-30B(1) and, in the event that a violation is determined to have occurred, shall take enforcement action pursuant to § 12-7 of Chapter 12, Code Enforcement Board. Violators shall be subject to the penalties set forth in § 12-8 of Chapter 12. In addition, the home occupation permit of any person found by the Code Enforcement Board to have violated any of the provisions of § 130-30B(1) is automatically revoked.
E. 
Appeals. Any applicant who is aggrieved by a decision of the Director of the Department of Community Improvement regarding the issuance or renewal of a home occupation permit may appeal the Director's decision to the City Commission. Appeals must be in writing and contain a brief summary of the facts upon which the applicant is basing the appeal. Appeals shall be filed with the office of the City Clerk and will be placed on the agenda to be heard at the next available regular City Commission meeting. The City Commission has the authority to reverse the decision of the Director of the Department of Community Improvement if the applicant demonstrates by clear and convincing evidence that the criteria set forth in § 130-30B(1) and (2) have been satisfied.
F. 
Recognition of supplemental authority. The issuance of a home occupation permit by the City shall not be construed to abridge the rights of individuals, including condominium associations, cooperative associations and other deed-restricted communities, from further regulating the conduct of persons within their jurisdiction.

§ 130-31 Outdoor seating areas.

[Added 7-1-2011 by Ord. No. 2011-07[1]]
A. 
Outdoor seating areas shall require a separate permit issued by the Director of Community Improvement. Outdoor seating areas are permitted on property with commercial general or commercial water-dependent land use designation and commercial general zoning. Outdoor seating areas shall be immediately adjacent to public food service establishments that hold a valid business tax receipt. The outdoor seating area must be under the ownership and control of the owner of the adjacent public food service establishment. All cooking and food preparation must be conducted inside the licensed public food service establishment. The outdoor seating area must be separated from the parking area in a manner that will ensure that a prudent driver will not encroach upon the outdoor seating. Seating areas shall not impede the flow of traffic in the parking lot. Outdoor seating areas must comply with fire exit requirements. Handicapped accessibility must be maintained. The public food service establishment serving the outdoor seating area shall provide rest room facilities for the outdoor seating area. The outdoor seating area shall be kept clean and free of litter and the owner is responsible for cleaning up all litter generated from the site. No additional signs except those regulatory notices required by Florida Statute are permitted in the outdoor seating area; this prohibition includes umbrellas containing advertising. Any awning used must meet applicable building codes. All components of the outdoor seating area, including tables, chairs, umbrellas, planters, fencing and roping, must be removed when a tropical storm or hurricane warning is issued for Pinellas County. Patrons may purchase food and beverages in the restaurant for consumption in the outdoor seating area or table service can be offered. Alcohol can be consumed in conjunction with food service at the outdoor seating area but no alcohol can be served or consumed when the associated food service establishment is not serving food. Permission to have music and/or outdoor television broadcast shall require specific approval by the Director of Community Improvement who shall make decisions based upon the level of noise anticipated the hours of operation and the proximity to residential uses. In no event shall content of the proposed outdoor speech be considered. If, following permitting, the Director of Community Improvement determines that the volume is disruptive to the peaceful enjoyment of surrounding properties, the permit may be revoked or modified.
B. 
Application procedure for outdoor seating area permit/outdoor music permit and doggie dining permit. No person shall operate an outdoor seating area of any type without first making application to the Department of Community Improvement. Outdoor dining areas in existence prior to July 2011 shall apply for a permit if they wish to expand, add doggie dining or add outdoor entertainment. Applications shall include a survey, the name of the duly permitted public food establishment requesting the outdoor seating area and address of the proposed location. If the applicant is not the owner of the real property on which the outdoor seating area is proposed the applicant shall furnish a notarized letter of authorization signed by the owner of the property. No portion of the outdoor seating area shall encroach upon public property. A valid business tax receipt is a prerequisite for an outdoor seating area at an existing public food service establishment. A diagram and description of the area to be designated as an outdoor seating area must be submitted and shall include dimensions of the public food service establishment, a description of the number and placement of tables, chairs and any barriers, fencing, planters, awnings, umbrellas, fans, lighting or anything else planned for the outdoor seating area, neighboring property lines, sidewalks, right-of-way, and what portion if any is planned for doggie dining. If music or television broadcast is planned, include the distance to the nearest residential structure and a detailed description of the type of noise anticipated including the days and hours of operation. The diagram must be accurate and drawn to scale but need not be prepared by a design professional. Applications shall also include the number of seats in the adjoining food service establishment as well as a complete description of rest room facilities. The addition of outdoor seating may require additional rest rooms in the food service establishment. Portable toilets shall not be permitted. The addition of outdoor seating area may result in transportation impact fees being due to Pinellas County. The City Commission shall establish the outdoor seating area application fee by resolution.
C. 
Operation of doggie dining. An outdoor seating area that is accessible without traveling through the indoor portion of the restaurant shall be eligible for a doggie dining permit. The outdoor seating area must meet the requirements of Florida Statute 509.233. An outdoor seating area that applies for and receives permission to have dogs accompany patrons in the outdoor seating area shall strictly comply with the requirements of Florida Statute 509.233. Doggie dining permits are nontransferrable and expire upon the sale of the restaurant. In the event three violations are observed by City Code enforcement within a twelve-month period, the permit shall terminate. The rules are as follows:
(1) 
Employees shall wash their hands promptly after touching, petting or otherwise handling dogs. Employees shall not touch dogs while serving food or beverages or handling tableware.
(2) 
Patrons should wash their hands before eating and waterless hand sanitizer shall be available on all tables in the doggie dining area.
(3) 
All dogs must remain on a leash no longer than six feet and shall be under the control of the patron at all times.
(4) 
Dogs shall not be allowed to sit on tables or chairs or eat from the tableware or flatware.
(5) 
All table and chair surfaces shall be cleaned and sanitized between seatings of patrons and the floor shall be kept clean of spills.
(6) 
A kit for the removal and sanitizing in the event of a dog accident involving waste shall be kept near the doggie dining area and any accident shall be cleaned up immediately.
(7) 
A sign placing the public on notice that dogs are allowed in the outdoor seating area shall be posted as well as a sign listing the rules for patrons with dogs.
[1]
Editor's Note: This ordinance also repealed former § 130-31, Hotels and motels, as amended.

§ 130-32 Cluster zoning.

For detached single-family housing on sites of five acres or more, a thirty-percent reduction in all lot area and yard depth and width dimensions is permitted, provided that the acreage equivalent to the amount reduced is allocated to usable park and recreation area. The following restrictions apply:
A. 
The recreation area is prime land, highly suited for its use by virtue of its location, accessibility, topography, drainage and scenic and aesthetic qualities.
B. 
The recreation area takes maximum advantage of unique features of the site such as water bodies, tree clusters, scenic views and historical or cultural places.
C. 
Proper access is provided to the recreation area from all sectors via improved roads and pedestrian paths.

§ 130-33 Day-care centers.

Such uses shall be located on a lot of not less than 12,000 square feet, and outdoor play areas shall be completely screened by a five-foot or higher opaque fence.

§ 130-34 Swimming pools.

Such uses shall include permanent and portable swimming pools, except portable swimming pools which are less than 18 inches in depth and/or less than 16 feet in length or diameter. Swimming pools shall meet the following requirements:
A. 
Location. Swimming pools may be located only in the rear yard of a lot so that the edge of the pool is no closer than 10 feet to any property line or seawall.
B. 
Use. Use of private swimming pools is restricted to the residents of the dwelling unit and their guests.
C. 
Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall in accordance with Chapter 103, Fences.

§ 130-35 Air-conditioned self storage. [1]

[Added 9-24-1996 by Ord. No. 96-12]
All air-conditioned storage facilities must comply with the following:
A. 
The exterior of the building shall be constructed of masonry or stucco. Metal exteriors are strictly prohibited.
B. 
A maximum of one storage building is permitted on each commercial lot. Self storage buildings may be used as a multitenant commercial building when the second use is limited to truck rental and the truck rental business has obtained a special exception use permit as required by § 130-14C(2).
[Amended 1-12-2010 by Ord. No. 2009-05]
C. 
The entire storage building must be air conditioned.
D. 
Storage buildings with less than 40,000 square feet of air-conditioned space shall have a single common entry into the building. Storage buildings with 40,000 square feet or more of air-conditioned space shall be entitled to have up to five common entries. Individual exterior access to separate storage units is prohibited.
[Amended 9-13-2006 by Ord. No. 2006-04]
E. 
Entries shall be a standard personnel door(s) that swings open(s) creating an entry that is a maximum of eight feet wide and is no higher than nine feet, except that in storage facilities containing 40,000 square feet or more of air-conditioned space, two of the five permitted entries can be roll-up doors no wider than 20 feet and no higher than 10 feet. In no event shall a roll-up door be located on the front of the building. Additional fire exits shall be permitted as required by code.
[Amended 9-13-2006 by Ord. No. 2006-04]
F. 
Storage shall be limited to personal household or business items not for resale and record retention. In no event may a storage unit be used as a distribution center or warehouse as that term is used in Florida Statutes Chapter 677. No individual storage space may be used as a place of business, for residential purposes or for the storage of any plants, animals or perishables. The owner/manager of a storage building shall furnish each tenant with a copy of this section of the City Code, or shall incorporate the terms of this subsection into its written lease. Any violation of this section shall be deemed a violation by both the tenant and the owner/manager of the building.
G. 
No short-term storage is permitted (entry in or out on a daily basis). The owner shall be responsible for monitoring the daily traffic and shall keep records regarding the dates and times that each storage unit is accessed. These records may be kept either by a resident manager who signs everyone in and out of the building or by electronic surveillance. Security cameras shall be installed and kept in working condition at any facility that allows tenants to access the building when an employee is not on duty. The owner shall make the records of the tenants coming and going available for inspection by the City. Records shall be kept for a period of three months. Any violation of the prohibition on short-term storage shall be deemed a violation by both tenant and owner of the building.
[Amended 9-13-2006 by Ord. No. 2006-04]
H. 
In the event the owner/manager takes possession of property for nonpayment of rents, said property shall not be auctioned or offered for sale on the premises.
[1]
Editor's Note: Former § 130-35, Special exception permit uses, was repealed 1-24-1995 by Ord. No. 94-25.

§ 130-36 Telecommunication towers and antennas.

[Added 1-14-1997 by Ord. No. 96-19][1]
A. 
Definitions. As used in this section, the following terms shall have the definitions indicated:
ANTENNA
Any exterior apparatus designed for telephonic, radio or television communications through the sending or receiving of electromagnetic waves.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
The distance measured from ground level to the highest point on the tower or other structure, even if the highest point on the tower or structure is an antenna.
HOME SATELLITE DISH
A device used to receive satellite broadcast signals, usually parabolic, dish-shaped antenna, four feet or less in diameter.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like.
USER
Any independent entity which is marketing a service to retail customers in South Pasadena. No two users shall have any common ownership ties.
B. 
Purpose. The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to encourage the location of towers in nonresidential areas; to minimize the total number of towers in the City; to encourage the use of existing structures as an alternative to new tower construction; to encourage the joint use of new towers; to encourage the design and construction of towers and antennas which minimize the adverse visual impacts; and to enhance the ability of providers of telecommunications services to provide such services within our City quickly, effectively and efficiently.
C. 
Applicability. Towers and antennas installed and maintained in accordance with this section are exempt from the height limitations for buildings and structures set forth elsewhere in the City Code. The requirements set forth in this section shall govern the height of towers and antennas. The installation of an antenna on a building which is nonconforming in terms of current height limitations shall not be deemed to constitute the expansion of a nonconforming use. Amateur radio antennas operated by a federally licensed amateur radio station operator are exempt from the provisions of this section. Towers and antennas located on City property are exempt from height limitations set forth elsewhere in this Code and are exempt from the requirements of this section, provided that a lease or franchise agreement authorizing such tower or antenna has been approved by the City, or the tower or antenna is City owned. Home satellite dishes are considered an accessory use, are exempt from the requirements of this section and are governed by § 130-38 of the City Code.
D. 
Antennas. Antennas may be installed on existing structures, such as a building, light pole or other freestanding structure that is 50 feet in height or greater, provided that the antenna adds no more than 20 feet to the height of said existing structure and the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. No lighting shall be permitted unless required by the FAA. All antennas shall comply with FCC standards for radiation.
E. 
Towers.
(1) 
In order to be eligible to obtain a permit to construct a tower, the proposed location must have a commercial general zoning designation and be within a commercial general or institutional or institutional-public land use classification. In addition, the applicant must demonstrate to the reasonable satisfaction of the Community Improvement Department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing structure or tower can accommodate the applicant's proposed antenna may consist of any of the following:
(a) 
No existing tower or structures are located within the geographic area required to meet the applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on an existing tower or structure.
(e) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure for a period of 25 years exceed the cost of developing a new tower.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(2) 
The Department of Community Improvement shall review all evidence submitted by the applicant to support its contention that service cannot be provided by locating the proposed antenna(s) on an existing structure. In the event that the Department of Community Improvement determines that it is necessary to hire any third-party consultants and/or engineers to review the applicant's evidence, the applicant shall be responsible for reimbursing the City for the actual cost of the review. The City Commission shall establish by resolution a mandatory review deposit fee which shall be posted at the time of application submission and against which review charges shall be collected. The applicant shall be responsible for payment of charges in excess of the deposit fee, and any deposit fees not utilized shall be returned to the applicant.
F. 
Height restrictions and design criteria for towers. Upon receipt of a complete application, the Community Improvement Department (CID) shall have 20 business days in which to review the evidence submitted and render a written decision regarding need. Once CID has recognized the need for a tower, the plans for the tower and tower site shall comply with the following:
(1) 
Single user towers shall not exceed 90 feet in height. Towers for two users shall not exceed 120 feet in height. Towers designed for three or more users shall not exceed 150 feet in height.
(2) 
Towers and supporting structures shall be of neutral, nonglare finish so as to reduce visual obtrusiveness and shall meet applicable standards of the FAA.
(3) 
Towers shall be set back from existing residential uses a distance equal to the height of the tower. The distance shall be measured from the base of the tower to the property line of the residential use. Towers shall be set back from each other a minimum distance of 100 feet, and the distance shall be measured from the base of each tower.
(4) 
Tower guys and accessory facilities must satisfy the minimum setback requirements as set forth in this Code for the particular district.
(5) 
Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
(6) 
The perimeter of the tower site shall contain a vegetative buffer of native plants no less than four feet wide and three feet high.
(7) 
No tower shall be used for advertising of any type, and the placement of signs, other than warning signs, is strictly prohibited.
(8) 
All applicants shall provide proof that the proposed tower and associated antennas do not exceed radiation standards of the FCC.
(9) 
All applicants shall include a description of the geographic service area of each antenna on the tower.
(10) 
Monopole construction shall be used, unless the City Building Official certifies, in writing, that service cannot be provided using monopole type construction.
G. 
Federal requirements and safety standards.
(1) 
All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with authority to regulate towers and antennas. If such standards are changed, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with the revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner's expense.
(2) 
Towers and antennas must be constructed, installed and maintained in accordance with Chapter 83, Building Construction, of the City Code, and, in addition, must meet the standards set forth by the Electronic Industries Association ANSI/TIA/EIA-222-F-1996. If upon inspection the City Building Official at any time finds that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given written notice of the condition and shall have 30 days to make the tower or antenna structurally sound in accordance with the standards set forth in the applicable codes.
H. 
Removal of abandoned antennas and towers. Any antenna or tower which is not operated exclusively for telecommunication purposes for a period of six consecutive months shall be considered abandoned. Upon written demand by the City, the owner of the real property upon which an abandoned antenna or tower is located shall remove or have the same removed within 60 days. Failure to do so shall constitute a violation of the City Code. Upon notification to remove an antenna or tower, any previously granted variances shall terminate.
I. 
Variance procedure. In the event that an applicant for a tower is required to apply for a variance to the section or another related section of the City Code, in addition to the variance criteria set forth in § 130-47, the following additional criteria shall be used: The variance, if granted, will result in a shared use and thereby ultimately reduce the number of towers necessary to provide telecommunication service within the City.
J. 
Appeals. The applicant may appeal a decision by the CID that a tower is not necessary directly to the City Commission. The applicant shall notify the City Clerk, in writing, of the appeal, and a hearing shall be held at the next available regular Commission meeting. The City Commission shall conduct a quasi-judicial de novo hearing and base its decision upon competent substantial evidence. The criteria for the decision shall be the criteria set forth in § 130-36E.
[1]
Editor's Note: Former § 130-36, Special exception variances, as amended, was repealed 1-24-1995 by Ord. No. 94-25.

§ 130-37 Supplementary lot requirements for all uses.

A. 
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Part 1 which would normally apply to each building if each were on a separate lot.
B. 
Through lots. Where a single lot under individual ownership extends from one street to another nearly parallel street or alley.
C. 
Corner lots.
(1) 
Side yards. The side yard of a corner lot which abuts a street shall be equal to at least 1/2 the required front yard for that street.
(2) 
Obstruction to vision. No obstruction to vision exceeding 36 inches in height shall be erected, planted or maintained on any lot within the triangle formed by the street intersections, created by the right-way line of each street extended to a point and a line drawn between two points on the right-of-way of each street each located 32 feet from the street intersection. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle and pedestrian traffic.

§ 130-38 Accessory structures; antennas; machinery.

[Amended 11-19-1985 by Ord. No. 85-04; 4-25-1995 by Ord. No. 95-01; 5-11-2004 by Ord. No. 2004-01]
All buildings, including all accessory structures, shall conform to the minimum yard setback regulations established in Article III, except as permitted below:
A. 
Satellite antennas which, when located in accordance with the required setbacks, are unable to receive any desired signal shall be permitted to be located within the setback, provided that the placement in the front yard setback shall only be permitted if no other feasible location exists on the property. In all cases the encroachment into the setback shall be the least encroachment possible in order to receive the signal.
B. 
On property developed as single-family residential, sheds, whether open or closed, may encroach on the side yard setback, provided that all of the following criteria is met:
(1) 
A maximum of one shed per lot shall be permitted to encroach upon the side yard setback.
(2) 
No shed which encroaches on a side yard setback shall exceed 50 square feet in size.
(3) 
No shed shall encroach on the side yard setback a distance of more than four feet.
(4) 
No shed shall be less than three feet from the side lot line or less than 12 feet from any principal structure on an adjacent lot.
(5) 
No shed which encroaches on the side yard setback shall exceed seven feet in height.
C. 
Machinery normally associated with habitable structures is permitted to encroach into the side yard and rear yard setbacks up to a maximum of three feet. The term "equipment" includes, but is not limited to, air conditioner compressors, water softeners, heating-oil storage tanks, propane tanks, pool equipment including pumps, filters and heating units, and any platforms constructed for the sole purpose of elevating any of the above-referenced equipment above the floodplain.
D. 
Roof overhangs on habitable buildings may encroach into any required yard setback up to a maximum of two feet.
E. 
Parking lot and pedestrian lighting, security cameras and traffic infraction detectors may be located in any front, side or rear yard setback, including within the area defined as the visual obstruction triangle, provided the Building Official determines that the placement of said equipment will not pose a danger to pedestrian and/or vehicular traffic.
[Added 5-11-2010 by Ord. No. 2010-03]