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-based businesses.
[Amended 12-14-2021 by Ord. No. 2021-10]
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.
[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.
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.
[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; 3-13-2007 by Ord. No. 2007-02; 12-14-2021 by Ord. No. 2021-10]
A. It is
the intent of this section to provide for the orderly conduct of a
limited commercial activity on property otherwise zoned for residential
purposes.
B. A business
is considered a home-based business if it operates, in whole or in
part, from a residential property. All home-based businesses located
on property zoned for residential purposes must, and at all times
operate subject to, the following criteria:
(1) The
employees of the business who work at the residential dwelling must
also reside in the residential dwelling, except that up to a total
of two employees or independent contractors who do not reside at the
residential dwelling may work at the business. The business may have
additional remote employees that do not work at the residential dwelling.
(2) Parking
related to the business activities of the home-based business complies
with City zoning requirements, and the need for parking generated
by the business may not be greater in volume than would normally be
expected at a similar residence where no business is conducted. The
City may regulate the use of vehicles or trailers operated or parked
at the business or on a street right-of-way, provided that such regulations
are not more stringent than those for a residence where no business
is conducted.
(3) Vehicles
and trailers used in connection with the business must be parked in
legal parking spaces that are not located within the right-of-way,
on or over a sidewalk, or on any unimproved surfaces at the residence.
The City may regulate the parking or storage of heavy equipment at
the business which is visible from the street or neighboring property.
For purposes of this subsection, the term "heavy equipment" means
commercial, industrial, or agricultural vehicles, equipment, or machinery.
(4) As
viewed from the street, the use of the residential property is consistent
with the uses of the residential areas that surround the property.
External modifications made to a residential dwelling to accommodate
a home-based business must conform to the residential character and
architectural aesthetics of the neighborhood. The home-based business
may not conduct retail transactions at a structure other than the
residential dwelling; however, incidental business uses and activities
may be conducted at the residential property.
(5) The
activities of the home-based business are secondary to the property's
use a residential dwelling.
(6) The
business activities comply with any relevant City, Pinellas County,
or State of Florida regulations with respect to signage and equipment
or processes that create noise, vibration, heat, smoke, dust, glare,
fumes, or noxious odors.
(7) All
business activities comply with any relevant City, Pinellas County,
State of Florida, and federal regulations with respect to the use,
storage, or disposal of any corrosive, combustible, or other hazardous
or flammable materials or liquids.
C. This application
of this section does not supersede:
(1) Any
current or future declaration of condominium adopted pursuant to Chapter
718, cooperative document adopted pursuant to Chapter 719, or declaration
of covenant adopted pursuant to Chapter 720.
(2) Local
laws, ordinances, or regulations related to transient public lodging
establishments, as defined in § 509.013(4)(a)1, Florida
Statutes, that are not otherwise preempted under Chapter 509.
D. Violations/Enforcement.
Any one or entity operating a home-based business in violation with
this section, the City may enforce these provisions by any legal means
available or as otherwise directed by Florida law, including, but
not limited to, code enforcement proceedings or an action to enjoin
any violations of this section.
E. Taxes.
Nothing in this section shall be deemed to excuse or exempt the owner
or operator of a home-based business from paying taxes, including
business tax receipts, that may be due and owing in connection with
the operation or establishment of any such business or complying with
any federal or state occupational or licensure requirements.
F. Appeal.
Any adversely affected current or prospective home-based business
owner may challenge any City action in violation of this section and
§ 559.955, Florida Statutes. The prevailing party in a challenge
may recover reasonable attorney's fees and costs incurred in challenging
or defending the action, including reasonable appellate fees and costs.
[Added 7-1-2011 by Ord. No. 2011-07]
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.
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.
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.
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.
[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.
[Added 1-14-1997 by Ord. No. 96-19]
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.
[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]