Division 6. Supplemental Regulations.
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Section 6.1. Generally.
The regulations contained in this section apply to all zoning districts, unless otherwise stated in the regulation, within the City of St. Pete Beach and shall be considered additional requirements to be met before the final approval for any development order within any zoning district is granted.
Section 6.2. Bed and breakfast inns.
The following criteria shall apply to bed and breakfast inns:
(a) Neither hired receptions nor parties shall be permitted in bed and breakfast inns.
(b) Guest rooms may share toilet and bathing facilities; however, in no instance shall the owner and guests have shared bathrooms.
(c) The maximum number of rooms for guests shall be as follows:
| Building Size (gross floor area) |
Max. Guest Rooms |
| Less than 1,200 sq. ft. |
1 |
| 1,200 - 1,800 sq. ft. |
2 |
| 1,801 - 2,400 sq. ft. |
3 |
| 2,401 - 3,000 sq. ft. |
4 |
| 3,001 - 3,600 sq. ft. |
5 |
| Over 3,600 sq. ft. |
6 |
(d) In addition to the parking required for the residence, one parking space will be provided for each guest room.
(e) Cooking shall be for guests and residents only. No cooking facilities shall be allowed in guest bedrooms.
(f) One attached sign no larger than six square feet in area shall be allowed.
Section 6.3. Community Residential Homes.
(a) Homes of six or fewer residents which otherwise meet the definition of Community Residential Home shall be deemed a single-family unit and a non-commercial residential use. A Community Residential Home, as defined in Division 2, having six or fewer residents, shall be permitted in all zones permitting single-family or multi-family uses, provided that such homes shall not be located within a radius of 1,000 feet of another Community Residential Home with six or fewer residents.
(b) A Community Residential Home for more than six residents is allowed in those zones allowing multi-family uses subject to the following:
(1) Allowed only as a conditional use in the RM, ROR, RFM and INS districts.
(2) Such uses shall not be located within a radius of 1,200 feet of another existing Community Residential Home in a zoning district allowing multi-family uses or abutting a single-family zoning district.
(3) Such uses shall meet the applicable licensing criteria established and determined by Department of Children and Family Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home.
Section 6.4. Hobbies.
(a) Hobbies including, but not limited to, boat building or repair, furniture making or repair, automobile repair and rebuilding, and other activities such as these which are not normally carried on extensively in a residential district, shall not be permitted to the extent that they are injurious to the health or welfare of, or are disruptive to the quiet enjoyment of property by nearby residential occupants. Uses, including but not limited to those listed above, which involve the use of power tools or the creation of noise not usual in a residential district shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(b) While it is permissible to perform hobby activities outdoors on the owner’s property during daylight hours, all tools, materials and other items associated with hobby activities shall be placed within an enclosed building for storage overnight.
(c) Repair, which term shall, for the purposes of this section, include rebuilding, of a motor vehicle in a residential district shall also be subject to the following requirements:
(1) For the purposes of this section, a motor vehicle shall have its commonly accepted definition and shall also include boats or other watercraft.
(2) Motor vehicles repaired within a residential zoning district must be owned by the owner or occupant of the residential property on which they are being repaired.
(3) At the request by a city inspector or police officer, a person making a motor vehicle repair in a residential zoning district shall demonstrate residence at the residential location where the repair is being made. Should the person be unable or unwilling for any reason to demonstrate residency or ownership of the motor vehicle being repaired, the person shall be in violation of this code.
Section 6.5. Home occupations.
An occupation conducted in a dwelling unit is permissible in the city, provided:
(a) No person shall be employed on the premises other than members of the immediate family residing on the premises.
(b) The use of the dwelling for a home occupation shall clearly be incidental and secondary to its use for residential purposes. No more than one room within the dwelling unit shall be used to conduct the home occupation, provided the area of that room does not exceed 26 percent of the total living area of the dwelling unit. No more than five percent of that room shall be used for storage of commodities related to the home occupation. No display or storage of merchandise or use of land in connection with the occupation is permitted.
(c) There shall be no change in the outside appearance of the building or premises as a result of such occupation or occupations, and no signs shall be permitted except those signs that may be required by other ordinance or law.
(d) No home occupation shall be conducted in any accessory building or attached/detached garage.
(e) No mechanical equipment shall be used or stored on the premises except such that is normally used for domestic or household purposes, nor shall it create noise, vibration, glare, fumes or odors detectable to the normal senses outside of the dwelling unit.
(f) No retail or wholesale sales shall be permitted on the premises.
(g) No traffic shall be generated by the home occupation.
(h) A home occupation shall not be construed to include, among other uses, personal services such as massage, cosmetology, barber shops, beauty parlors, tea rooms, food processing for sale, kennels, dog grooming, real estate office, law office, radio and television repair, furniture refinishing, cabinet making, boat building, auto servicing or rebuilding or repair for others, metal fabrication or cutting, or a use employing welding or cutting torches.
(i) Not more than one home occupation-related vehicle regardless of the number of home occupations is permitted. Said vehicle shall not be of an overall length exceeding 20 feet nor more than seven feet in overall height and must be parked off any public street right-of-way. All exterior storage of cargo, equipment or other material on the vehicle shall be shielded from view at all times when such vehicle is located on a residential lot.
(j) A home occupation that is solely used for the purpose of receiving telephone calls, mail and keeping business records in connection with any profession or occupation shall be known as an "address of convenience."
(k) The City Manager shall determine whether the home occupation meets the established criteria. An unfavorable determination may be appealed in accordance with Section 3.14 of this code.
Section 6.6. Mixed uses (residential and transient accommodations with other uses).
Transient accommodation uses that include retail stores, conference and meeting room facilities, fitness centers, restaurants and other ancillary nonresidential uses shall be considered mixed uses. Residential and transient accommodations with non-residential uses in mixed use developments share the allowable development rights available based on the size on the development site.
In order to determine the maximum permissible mixed use development for any site, one must first calculate the land area required for either the planned residential transient accommodation units or planned non-residential use as shown in the following examples.
For purposes of both examples, it is assumed that the example property proposed for a mixed use development contains 3.67 acres; the allowable residential density permitted within the example applicable zoning district is 15 units per acre; and the allowable non-residential intensity within the district is a 0.60 floor area ratio.
(a) Example 1. In this example, 36 residential units are proposed.
(1) To determine the land area required for the planned residential portion of the development:
Step 1: 3.67 acres x 43,560 sq. ft. = 159,865.20 sq. ft. total site area (SA = Site Area).
Step 2: 43,560 sq. ft. ÷ 15 units per acre = 2,904 sq. ft per unit.(This number can be found in the applicable district regulations.)*\
Step 3: 2,904 sq. ft. x 35 proposed units = 101,640 sq. ft. are required to support the development of the proposed 35 residential units on the site (RA = Residential Area ).
* Note that transient accommodation calculations are identical to the residential example shown above except for the need to substitute the appropriate allowable units per acre or minimum lot requirement per unit from the district regulations.
(2) To determine the amount of non-residential development can be built in conjunction with the proposed residential development:
Step 1: 159,865.20 sq. ft. (SA) – 101,640 sq. ft. (RA) = 58,225.20 sq. ft. is the balance of the site available for the non-residential portion of the development (NR-BAL = Non-Residential-BALance).
Step 2: 58,225.20 sq. ft. (NR-BAL) x 0.60 floor area ratio (FAR = Floor Area Ratio) = 34,935.12 sq. ft. gross floor area of non-residential structures can be constructed along with the proposed 35 residential units.
(b) Example 2. In this example, 60,000 sq. ft. of non-residential development is proposed.
(1) To determined the land area required for the planned non-residential portion of the development:
Step 1: 3.67 acres x 43,560 sq. ft. = 159,865.20 sq. ft. total site area (SA = Site Area).
Step 2: 60,000 sq. ft. proposed non-residential gross floor area ÷ 0.60 floor area ratio (FAR) = 100,000 sq. ft. of non-residential development (NR).
Step 3: 159,865.20 sq. ft. (SA) – 100,000 sq. ft. (NR) = 59,865.20 sq. ft. (RA) available.
(2) To determined the number of residential units that can be built along with the non-residential portion of the development:
Step 1: 43,660 sq. ft. ÷ 15 units per acre = 2,904 sq. ft required per unit.
Step 2: 59,865.20 sq. ft. (RA) ÷ 2,904 sq. ft. = 20.61 = 20 residential units* can be constructed along with the proposed non-residential development.
* See Section 1.3(d) regarding rounding.
Section 6.7. Reserved.
Section 6.8. Garage sales.
(a) A limited number of garage sales are allowed as an activity in all zoning districts permitting single-family, two-family and multi-family residences. In all such districts, three garage sales at any one residence in any one calendar year shall be allowed under this code. Any one garage sale shall be limited to the daylight hours of three consecutive days, and not more than one garage sale shall be held at any one residence in any 90-day period.
(b) For the purposes of this section, the term "garage sale" means any public sale or offering for sale to the public of three or more items of personal property by a person or a family or other household unit residing on the premises on which the sale is conducted, when the personal property has been acquired, possessed and used by that family or household for personal as opposed to business or commercial use, when such sale is to be conducted at the present residence of such family or household unit, and is open to the general public. "Garage sale" shall include sales commonly referred to as patio sales, driveway sales, yard sales, porch sales and other such sales. "Garage sale" shall not include the sale or offering for sale of goods of more than one family or household.
(c) One sign of no more than four square feet may be displayed on the property of the residence where the garage sale is being conducted pursuant to this section. Such sign shall be displayed only during the times of the sale. In no case shall the sign be placed on any property other than the property of the residence upon which the garage sale is to take place.
(d) Garage sales allowed by this section shall be conducted in compliance with all laws, ordinances, rules and regulations not in conflict herewith, but no occupational license shall be required for a garage sale.
Section 6.9. Sidewalk sales and display.
Sidewalk sales and display shall be permitted only under the temporary use permit procedure outlined in Section 6.11 herein. In addition to any special provisions set forth in the permitting process, the following regulations, except where in conflict with the conditions of the permit, shall apply to sidewalk sales and display:
(a) Permits for sidewalk sales and display shall be issued to an individual business or a group of businesses on one property only two times, for a maximum of three consecutive days for each permit, in any one calendar year.
(b) Outdoor storage is specifically prohibited in connection with any sidewalk sale and display.
(c) Sidewalk sales and display shall be clearly related to the principal use of the site and shall be wholly conducted upon the site.
(d) Sidewalk sales and display shall not be allowed at any time the principal permitted use of the site is not open for business and shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m.
(e) All sidewalk sales and display that will require the use of a public right-of-way shall require City Commission approval prior to the issuance of a temporary use permit.
Section 6.10. Attached single-family residential developments.
Common open space within an attached single family development shall be so distributed as to provide readily available amenities and visual relief to the entire development. Attached single family residential developments shall be further regulated as follows:
(a) Attached single family residential developments shall not increase the number of dwelling units per acre and shall provide adequate green space areas to ensure that a minimum of 30 percent of the total site area is free of impervious surfaces.
(b) Each dwelling unit shall have an individual ground floor entrance.
(c) All structures having a front, side or rear yard relationship with a project site shall meet the minimum yard requirements as are required within the applicable zoning district. Not less than 10 feet shall be required between all detached structures, except for detached single-family cluster developments which may have lesser distance between structures, according to the district regulations.
(d) No more than ten attached dwelling units shall be contiguous. No contiguous group of attached dwelling units shall exceed 240 feet in length.
(e) The applicant shall provide such covenants, restrictions, financial guarantees and other legal assurances, in a form acceptable to the city, as the City Manager deems necessary to guarantee conformity to the achievement of the plan and required maintenance of the open space.
(f) The applicant shall provide legal assurances deemed adequate by the City Attorney to assure that, in the event that the city should assume maintenance of any facilities or land within the development, the city shall have legal enforceable liens against all land and each residential unit within the development to assure recovery of its expenses.
Section 6.11. Temporary uses.
Temporary uses of zoning lots may be permitted under the provisions of this section.
(a) Application Submission Requirements. All applications shall be submitted to the City Manager in a form specified by the city, accompanied by the payment of the applicable fee set forth in Appendix A, St. Pete Beach Code of Ordinances, as follows:
(1) All applications shall contain the submittal requirements established by administrative regulation.
(2) Applicants may be required to submit additional information after the initial submission.
(b) Determination of Completeness of Application. The city shall determine whether the application is complete. If the application is complete, the application shall be forwarded for review. If the application is not complete the city shall take no further action on the application until the required information is submitted by the applicant.
(1) If the applicant fails to respond to the specified request for information within 15 days of the date of notification of deficiency, the application shall be voided.
(2) If an applicant submits new data or information at any time after a determination of completeness has been made, the revised application will be subject to the same stages of review as the initial application.
(c) Permit issuance. After an application is determined sufficient and after the appropriate staff review and approval process, a permit will be issued. Due to unique circumstances of the proposed temporary use, the city may attach such conditions to a temporary use as are necessary to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, specifying the duration of the permit, hours of operation, or requirements for mitigation of environmental impacts.
Section 6.12. Commercial accessory and temporary equipment, structures, portable buildings and trailers, dumpsters and commercial tents.
(a) Commercial accessory structures may be allowed as follows:
(1) Commercial accessory structures shall be limited to storage uses only.
(2) The accessory structure shall be no larger than 150 square feet.
(3) The structure will either be designed and constructed in the same architectural style as the principal structure, or it shall be screened from public view by the same type enclosure that is required for the dumpster.
(4) No more than one accessory structure shall be placed or erected on a zoning lot.
(5) The accessory structure may be placed in one required parking space.
(b) Commercial equipment may be allowed as follows:
(1) All commercial equipment shall be located within an enclosure or otherwise screened from public view.
(2) Commercial equipment, except for properly enclosed waste or refuse containers, shall not be located within any yard that abuts a public street without the specific approval of the appropriate board of authority.
(3) Vending machines may be located in front of a business premises, provided the location is not on a public right-of-way, does not otherwise impede pedestrian access and circulation, and the total area devoted to vending machines shall not exceed 18 square feet. However, vending machines that are visible from the public right-of-way shall be screened from public view.
(c) Construction trailers or portable buildings may be allowed as follows:
(1) Construction trailers may only be placed on a construction site operating under a valid building permit. A permit for a construction trailer shall be obtained from the city prior to placing the trailer on the site. A construction trailer may only be used as an office for the contractor(s) on the site and for storage of equipment and construction material for the site.
(2) Trailers or other portable buildings to be used for storage on a business premises may be permitted by the city for a period of time not to exceed 120 days; provided that such trailers or temporary buildings shall be located on the property in such a manner as to not be visible from the public rights-of-way. This provision shall not apply to trucks or trailers parked on a premises for the purposes of making a delivery to the business; provided that such delivery vehicles shall not remain on the property for more than two consecutive days.
(d) Dumpsters, commercial waste or refuse containers shall be regulated as follows:
(1) All new or replacement dumpsters shall have lids that shall be remain closed except for the deposit of waste materials in the dumpster. This provision shall not apply to dumpsters larger than 8-yard capacity.
(2) All dumpsters, commercial waste and refuse containers, except those that are specifically approved for temporary location and use, shall be located on the same property with the use it serves and fully enclosed as follows:
a. All dumpsters, commercial waste and refuse containers shall be located as far from public streets and adjacent property as is practical, and dumpsters shall be located on a properly constructed concrete pad.
b. All dumpsters, commercial waste and refuse containers shall be located within a proper opaque enclosure of sufficient height to fully screen the dumpster, commercial waste or refuse container.
(3) Dumpster enclosures shall require a building permit and shall be constructed to meet all applicable building standards.
(4) Where certain circumstances, special conditions may prevent the location and enclosure of a dumpster in accord with paragraph (2) above, the city may grant use of the city right-of-way if it finds that any one of the following conditions would result from locating the dumpster in strict compliance with the regulations:>
a. On-site location of the dumpster would decrease the number of existing parking spaces below that required under the district regulations.
b. On-site location of the dumpster would prevent or materially impair reasonable ingress and egress to the property.
c. Access by the dumpster service contractor for pickup and dumping into a loader/packer type garbage truck would be materially impaired.
(5) Temporary dumpsters for construction projects shall be located as approved at the time a building permit is issued, and temporary dumpsters permitted for temporary uses shall be located in accordance with the approved site plan for the temporary use permit.
(e) Residential/commercial sales, management and leasing offices may be permitted in a new residential development in accordance with the following:
(1) The office may be permitted as an accessory use on the same lot, but shall not be used except by the company developing the site and in connection with the development within which it is located. A building permit is required.
(2) The office, if located within a temporary structure, may not be used as an office for more than 12 months, and thereafter shall be removed.
(3) At least three off-street parking spaces shall be provided on the same lot as the office and shall be maintained so long as the office is used as such.
(4) In a multi-family development, a management and/or leasing office may be maintained within one of the residential buildings, or within a permanent accessory building which was approved as part of the original site plan; provided, that such office, if located within an accessory building, shall not be the principal use of the accessory building, and said accessory building shall be architecturally compatible with the principal structures in the development.
(f) Tents may be may erected and maintained by a business within the RFM or CG-1 zoning districts, provided:
(1) No tent shall be erected within any public right-of-way or within 75 feet of the back edge of a curb, public sidewalk or roadway, whichever is most restrictive;
(2) Tents shall also be required to meet the side and rear required yards of the zoning district in which the tent is located;
(3) Tents shall not be located on a parking lot or pedestrian walkway in such a manner that the normal flow of traffic on the site cannot be maintained nor shall any tent render useless more than ten percent of the parking required for the business;
(4) Tents shall be maintained so as not be constitute a nuisance or hazard;
(5) Tents used for public assembly or cooking or within which any combustible material will be used or stored must be approved by the fire marshal prior to their use.
Section 6.13. Accessory residential structures.
Accessory residential structures may be permitted only on zoning lots having one or more existing residential dwelling units and shall be regulated as follows:
(a) Garage, private residential, as defined, fall into one of two types, either attached to or detached from the principal residential structure. Under the terms of this section, the term “garage” shall also include carports. For the purposes of this code, a garage shall be deemed to be attached only when it shares at least 75 percent of the length of one wall in common with the principal structure to which it is an accessory.
(1) Attached garage. An attached garage shall be subject to the same required yard and height requirements as the principal structure.
(2) Detached garage. Detached garages shall be regulated as follows:
a. Required yards:
Front Yard: 20 feet
Secondary Yard: As required for the principal structure
Side Yards: As required for the principal structure
Rear Yard: 10 feet if accessible from an alley; otherwise 20 feet
b. Maximum height: 12 feet above the crown of any street abutting the property
c. In no case shall a detached garage have any sleeping room, kitchen facilities or plumbing
(b) Residential storage buildings. Residential storage buildings may be permitted as an accessory on a residential property. Only one such residential storage building is allowed, and the residential storage building shall be further regulated as follows:
(1) The residential storage building shall be used exclusively for storage of household items, and no mechanical equipment shall be operated within or attached to such building.
Section 6.14. Encroachment of certain specified ancillary residential equipment into required yards.
Ancillary residential equipment, such as air conditioning compressors, swimming pool and spa filters and pumps, and lawn irrigation pumps shall be allowed to encroach only into the rear or front yards up to four feet, provided that any such equipment located in front of the residence shall be adequately shielded from the adjoining property by either a solid enclosure or solid fence or wall. This shall apply to any equipment installed for new or substantially improved structures or to such items being installed for existing structures the first time. Change-outs of existing equipment shall be exempt.
Section 6.15. Fences and walls.
Fences and walls are permitted, provided fences and walls shall not exceed four feet in height in required front yards and eight feet in height elsewhere; provided, however, fences and walls in waterfront yards shall not exceed four feet in height. See also Section 6.21 for visibility requirements at street intersections.
(a) The height of a fence or a wall shall be determined from grade to the average top elevation of the fence or wall. Landscape berms, in conjunction with fences, shall be included in height determinations.
(b) No fence shall impede or divert the flow of water through any drainage way without the approval of the city.>
(c) In general, the design of fences shall be in keeping with neighborhood appearance. Fences shall be constructed of commonly used materials such as chain link, masonry or wood. Such materials as corrugated or sheet metal or any scrap or offensive material shall not be permitted. In addition, fences shall not contain any substance such as broken glass, spikes, barbs, nails, electronically charged wiring or similar materials designed to inflict pain or injury to any person or animal.
Section 6.16. Lights.
All exterior lights from all residential and commercial buildings or other structures and uses shall be shielded and no direct source of illumination shall be visible beyond the lot line of the structure or use involved.
Section 6.17. Performance standards.
(a) Application of standards. Performance standards shall be imposed under the following conditions:>
(1) Any use established or changed to another use, and any building, structure, or tract of land developed, constructed, or used for any permitted or principal or accessory use shall comply with all of the performance standards.
(2) If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards herein shall apply with respect to such extended, enlarged or reconstructed portion or portions of such use or building or other structures.
(b) Performance standards regulating noise. See Chapter 46, Article IV, of the St. Pete Beach Code of Ordinances.
(c) Performance standards regulating vibration. See applicable city, county, state and federal codes.
(d) Performance standards regulating smoke and other particulate matter. See Chapter 46 of the St. Pete Beach Code of Ordinances and applicable County, State and federal codes.
(e) Performance standards regulating odorous matter. See Chapter 46 of the St. Pete Beach Code of Ordinances and applicable county, state and federal codes.
(f)Performance standards regulating hazardous or noxious matter:
(1) Definitions. For the purpose of this section:
Hazardous matter means any solid, liquid or gaseous material, including, but not limited to, gases, vapors, dusts, fumes, mists or combinations thereof possessing properties which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage property.
Noxious matter means any solid, liquid or gaseous material, including, but not limited to, gases, vapors, dusts, fumes, mists or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort, and other aspects of the general welfare, or causes damage to property.
(2) Control of hazardous matter. No person shall cause, let, permit, suffer or allow the emission of hazardous matter, from any source whatsoever, except in compliance with the provisions of 40 CFR Part 61.
(3) Control of noxious matter. Any use which produces any noxious matter shall control the emission of such matter so that no concentration of such matter, at or beyond the property line, shall be detrimental to or endanger the public health, safety, comfort and other aspects of the general welfare, or cause damage to property.
(4) Method of identification and measurement. Identification and measurement shall be accomplished in accordance with methods approved and published by the United States Environmental Protection Agency or the Florida Department of Environmental Regulation.
(g) Performance standards regulating radiation hazards. Such regulation is governed by Section 10D-56, Control of Radiation Hazards, Florida Administrative Code, administered by the Florida Department of Health and Rehabilitative Services.
Section 6.18. Reserved.
Section 6.19. Public and semi-public uses.
Public and semi-public facilities are allowable in all districts as conditional uses; however, such uses shall not exceed the acreage threshold of three acres. Any such use, alone or when added to an existing contiguous like use(s), which exceeds the three acre threshold shall require an amendment to the Future Land Use Map and a zoning change.
Section 6.20. Utilities.
Notwithstanding other provisions of this code, it is not intended to regulate or restrict the location of utility lines, poles and related facilities, except plants or substations, nor to regulate or restrict the location of necessary drainage facilities which are part of the community drainage system. Other public utilities facilities may be permitted as conditional uses in all zoning districts.
Section 6.21. Visibility at intersections.
Except as provided herein, no structure or portion of any structure, including earthen berms, shall be placed or erected, no motor vehicle, trailer or equipment shall be allowed to park, stand, stop or be stored, and no vegetation taller than 24 inches in height shall be permitted to be located within the areas described below:
(a) Street intersections. Within 20 feet of the back of curb or pavement edge where no curb exists.
(b) Alleys. Within 10 feet of the back of curb or pavement edge where no curb exists on the street with which the alley intersects.
(c) Driveways. Within 10 feet of the back of curb or pavement edge where no curb exists on the street with which the driveway intersects.
The following illustration depicts how the visibility triangle is determined. Essentially, depending upon which of the above three intersection types is involved, the appropriate measurement is taken as shown in the drawing, and the two points most distant from the theoretical intersection of the two roadway lines are connected by a diagonal line. The shaded area on the drawing represents the determined visibility triangle.
Trees may be planted, with a minimum separation of 20 feet, within the above described areas provided that they are maintained as needed to ensure that no branch of the tree is nearer the ground than 8 feet. In certain circumstances, the city may require greater separation for reasons of public safety.
Section 6.22. Yards and measurement of required yards.
(a) Required yards. Examples of yards are shown in the illustration.
(b) Encroachment of open balconies and stairs. Open balconies and stairs may be permitted to encroach into required front or rear yards a distance of 3 feet.
(c) Encroachment of ornamental building components. Every part of a required front, rear and side yard shall be open from grade to the sky, unobstructed by any structure except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features, and chimneys; provided, however, that none of the projections mentioned in this subsection shall extend into a required yard more than 12 inches.
(d) Encroachment of eaves. Roof eave projections with gutters shall extend no more than two feet into the required side yards.
(e) Front yard averaging. Prior to the adoption of this code some existing residential structures were built with lesser front yards than are required by the district regulations herein. When new single family or two-family residential construction is proposed on a lot fronting on a block where a majority of the existing structures have lesser front yards than are required by the district regulations, the minimum required front yard shall be the average of the yards established by the existing structures. However, no such new structure shall be permitted to have less than a 10-foot front yard under this provision. For the purposes of this section, a block is defined as a group of lots fronting along the same side of the street as the subject lot lying between the two nearest intersecting streets or waterways or combination thereof. If front yard averaging is used, paragraphs (b) and (c) do not apply.
(f) Determination of front yard on corner lots. On corner lots, the front yard shall be determined as the yard abutting the street on which each lot of record or lots of record involved have their lesser dimension. The other yard abutting the intersecting street shall be determined to be a secondary front yard.
Section 6.23. Docks.
It is the intent of the city, together with the Pinellas County Water and Navigation Control Authority, to regulate the construction of residential and commercial dock facilities in order to minimize the adverse impacts of such activities upon the natural resources of the City of St. Pete Beach, Pinellas County and the State of Florida.
(a) Applicability.
(1) It shall be unlawful to build, construct, repair or alter any dock or part thereof in the city without conforming to this section.
(2) It shall be unlawful to raze, alter, move, repair or build upon any dock or any part thereof except according to this section.
(b) Specifications and materials. All docks, boat lifts, tie poles and attendant structures shall be constructed in accordance with and in conformity to this section and the requirements of the Pinellas County Water and Navigation Control Authority. All materials used in the construction of such structure shall likewise conform to the requirements of any city, county, state and federal agency having jurisdiction.
(c) General requirements.
(1) No dock or wharf, pier or other structure contemplated by this section shall be enclosed or covered by any means, either permanent or temporary.
(2) The height of a docking facility (except openwork, railings, pilings, flag or signal poles and boat davits) shall not exceed 12 inches in height from the seawall or natural grade level to which it abuts, except when state or federal regulations require additional height.
(3) All dock lighting shall comply with Section 6.16.
(4) Permits for docks shall be issued only for properties upon which a principal structure exists or upon which a building permit for the principal structures has been issued and the structure is substantially completed.
(5) No building shall be permitted to be constructed over the waters of the county.
(6) No dock structure or tie pole shall be allowed to project in the navigable portion of a waterway more than 25 percent of the width of the waterway.
(7) No dock shall extend outward into the water from the seawall, mean or ordinary high water line more than 300 feet.
(8) No portion of a docking facility shall encroach closer than 150 feet to the centerline of the Intracoastal Waterway.
(9) Docks may be provided with electric or water utilities, provided no residential dock shall be served by separately metered utility service.
(10) Submittal of all application information required by the Pinellas County Water and Navigation Control Authority Regulations, as appropriate.
(11) Minimum construction specifications as required by the Pinellas County Water and Navigation Control Authority.
(12) All application for docks shall be completed pursuant to paragraphs (10) and (11) above and shall be submitted to the city for approval prior to submission to the Pinellas County Water and Navigation Control Authority for permit.
(d) Additional requirements for residential docks. In addition to the preceding general requirements, residential docks shall adhere to the following;
(1) No residential dock shall be designed or constructed to accommodate more than two boats for permanent mooring. No residential zoning lot shall have more than one dock. For the purpose of this section, personal watercraft (wave runners or jet skis) lifts shall not be considered a boat slip.
(2) Notwithstanding the preceding, a residential dock for the joint use by two or more adjacent waterfront property owners may be permitted where the physical characteristics of the waterfront make it impractical to build individual docks.
(3) No residential dock, davits, boatlifts or tie poles shall extend from the mean high water line or seawall of the property to a length greater than one-half the width of the zoning lot at the waterfront. This requirement may be varied administratively provided that signed statements of "no objection" from both adjacent waterfront property owners have been submitted.
(4) Residential dock, davits, boatlifts or tie poles shall be located within the center one-third of the width of the applicant’s property at the waterfront. For the purpose of this regulation, side lot lines of a lot shall be deemed to extend into the adjacent water body perpendicular to the shoreline which they intersect. This requirement may be varied administratively provided that a signed statement of "no objection" from the property owner encroached upon has been submitted with the permit application.
(e) Additional requirements for commercial docks. A commercial dock shall be permitted only as a conditional use. In addition to the requirements of Division 4, the following standards shall be met prior to the issuance of any development order for any commercial docking facility by the city:
(1) The applicant shall demonstrate that the waterfront use is in compliance with this code or can be brought into compliance to accommodate both the current use and the proposed dock, as it relates to parking, drainage, utilities and other facilities necessitated by the development. This provision shall also apply to a property which is already developed with docking facilities and where the owner wishes to add ancillary facilities.>
(2) All commercial dock installations must be consistent with the zoning of the adjacent upland property
(3) Commercial docking facilities constructed in the Waters of the County shall be constructed so that the width of such facilities shall not exceed 75 percent of the width of the property at the waterfront and shall be further constructed so that the length of the facility shall not extend from the mean high water line or seawall of the property further than 75 percent of the width of the property at the waterfront.
(4) All docking facilities must be so located that no portion of the proposed facility is closer to either adjacent extended property line than ten percent of the property width at the waterfront.
(5) Commercial docks abutting adjacent waterfront residential property must be set back a minimum of one-third of the applicant's waterfront property width from the adjacent waterfront residential property. This requirement may be waived administratively provided that signed statements of “no objection” from the affected property owners has been submitted.
(6) Would have a detrimental effect on the use of such waters for navigation, transportation, recreational or other public purposes and public conveniences;
(7) Would have a material adverse effect upon the natural beauty and recreational advantages of the city;
(8) Would have a material adverse effect upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest;
(9) Would have a material adverse effect upon the uplands surrounding or necessarily affected by such plan or development; or
(10) Would have a material adverse effect on the safety, health and welfare of the general public.
Section 6.24. Outdoor seating for existing restaurants.
Existing sit-down restaurants as of July 1, 2003, without outdoor seating areas may be permitted by the City Manager to have one outdoor seating area as follows:
(a) 500 square feet or less in area, with no encroachment into the required setbacks;
(b) No increase in restaurant seating;
(c) There shall be no diminishment of existing parking on the site;
d) When the seating area will be adjacent to a vehicle use area, protective barriers shall be installed between the seating area and the vehicle use area.
(e) All lighting shall be directed inward and shall not spill on to adjacent property;
(f) Said outdoor seating shall not be located adjacent to a residentially zoned property in any manner.
