§ 47-19.2. Accessory buildings, structures and equipment, general.

A.

Accessory dwellings. Accessory dwellings (also known as "granny flats" or cottages) may be permitted only when accessory to a standard single family dwelling in RS-8, RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25 and RMH-60 zoning districts, and subject to the following limitations:

1.

An accessory dwelling shall not be greater than six hundred (600) gross floor area in area or forty-nine percent (49%) of the gross floor area of the principal structure, whichever is less.

2.

An accessory dwelling shall be limited to either a one (1) bedroom/one (1) bath unit, or an efficiency.

3.

When an accessory dwelling is attached to another accessory structure, the accessory dwelling shall have a separate entrance than the attached accessory structure and shall be separated from the attached accessory structure by a common fire resistant wall.

4.

There shall be no more than one (1) accessory dwelling per single family lot.

5.

An accessory dwelling, together with the principal single family dwelling, shall not exceed the maximum density permitted by the zoning district within which it is located. The following minimum parcel sizes for the principal and accessory dwelling shall be required:

a.

RS-8 zoning district: ten thousand, eight hundred ninety (10,890) gross square feet.

b.

RD-15 zoning district: six thousand (6,000) gross square feet.

c.

RC-15 and RM-15 zoning districts: five thousand, eight hundred eight (5,808) gross square feet.

d.

RML-25, RMM-25, RMH-25 and RMH-60 zoning districts: five thousand (5,000) gross square feet.

6.

Parking spaces shall be provided for each dwelling unit in accordance with the requirements set forth in Section 47-20, Parking and Loading Requirements.

7.

No accessory dwelling shall be built on any lot in an RS-8 and RD-15 district except servant's quarters for persons other than the immediate family employed on the premises.

B.

Architectural features in residential districts. Architectural features such as eaves, cornices, unenclosed balconies with open railings, window sills, awnings, chimneys, bay windows, and dormers accessory to a residential use are permitted to extend into a yard area a maximum distance of three (3) feet from the face of the building, or one-third (⅓) of the required yard, whichever is less. Unenclosed balconies with open railings may extend into the front yard a maximum distance of five (5) feet from the face of the building and may extend the entire linear length of the front facade. Accessory uses which encroach into any yard area, excluding unenclosed balconies encroaching into the front yard, are permitted to have a total combined linear facade length not greater than twenty (20) percent of the total linear length of the facade to which they are attached. Items such as windowsills or belt courses which extend six (6) inches or less into the yard area shall not be considered for the length limitation. Eaves shall not be subject to the length limitation. The dimensional limitations of this subsection shall not apply and the provisions of subsection C. shall apply to awnings accessory to a residential use in a nonresidential zoning district.

C.

Awnings and entrance canopies in nonresidential districts.

1.

Awnings accessory to a nonresidential use in any zoning district or a multifamily use in a nonresidential zoning district are permitted to be located in the yard and extend to the property line abutting a street subject to city engineering standards. When located within five (5) feet of a property line adjacent to a street, such awnings shall maintain a minimum eight (8) feet clearance between the lowest rigid point of the structure and the sidewalk immediately below and are subject to city engineering standards. When there is no sidewalk, the clearance shall be measured from natural elevation. A flexible valance attached to an awning requires a seven-foot clearance when located within five (5) feet of a property line adjacent to a street.

2.

Entrance canopies.

3.

Awnings may be permitted within the right-of-way in accordance with Section 25 of the Code.

D.

Boat davits, hoists and similar mooring devices. See Section 47-19.3.

E.

Caretaker, watchman dwelling. A caretaker unit may be permitted as an accessory use only to a nonresidential use, subject to the yard requirements of the zoning district where it is located. The application of flexibility or reserve units is not required for a caretaker dwelling.

F.

Chimneys and flues. Chimneys and flues may encroach into required yards in all zoning districts for an area not to exceed five (5) square feet.

G.

Decks.

1.

At-grade decks shall be permitted in all zoning districts within the front, rear or side yards, but shall not exceed the finished floor elevation of the ground floor of the principal building or buildings. There is no required setback for an at-grade deck.

2.

Above-grade decks shall be permitted in the required front, rear or side yards but no closer than five (5) feet from any property line, and no greater in height than two and one-half (2½) feet as measured from the finished floor elevation of the ground floor of the principal building or buildings. The vertical edge of an elevated deck that is visible from the right-of-way or adjacent property shall be finished according to industry standards and with materials that are consistent with the materials used in the deck itself.

H.

Driveways. Driveways are subject to the following requirements:

1.

Driveways are permitted in the required front, corner and side yards; and

2.

Driveways are permitted in the rear yard of residentially zoned properties when the rear yard abuts a street or an alley or the driveway is in association with a townhouse, cluster, duplex, two (2) family home, or multifamily development; and

3.

In nonresidential zoning districts, driveways are permitted in any yard, except where prohibited by the ULDR; and

4.

A driveway shall be constructed at a minimum length of eighteen (18) feet measured from the property line when used as stacking or as a parking space; and

5.

Driveways shall meet all requirements of Section 47-20, Parking and Loading Requirements.

I.

Dumpsters. See Section 47-19.4.

J.

Entranceway trellis, freestanding. An open weave freestanding trellis which denotes access to an entrance or path in a residential district may be permitted in the required front yard but shall be no greater than eleven (11) feet in height, eight (8) feet in width, and four (4) feet in depth, and shall be constructed so as to be no more than fifty percent (50%) opaque. Such a trellis shall meet the same setback requirements for fences, as described in Section 47-19.5, Fences, Walls and Hedges.

K.

Garages and carports (residential use). Garages and carports may extend into a required front yard in RD, RC and RM zoning districts when accessory to a single family dwelling subject to the following requirements:

1.

Garages that are accessory to a standard single family dwelling shall have minimum front yard setback of twenty (20) feet from the front property line.

2.

Carports may extend into a required front yard, when they are accessory to a standard single family dwelling, and shall have a minimum front yard setback of

fifteen (15) feet from the front property line, a maximum height of ten (10) feet, a maximum of two hundred (200) square feet of roof area within the required front yard, and

3.

Any portion of a carport encroaching into a required front yard shall be open on all sides, except where attached to the principal building.

L.

Habitation of floating homes and vessels. See Section 47-19.6.

M.

Home occupations. See Section 47-19.7.

N.

Hotel accessory uses. See Section 47-19.8.

O.

Fences, walls, and hedges. See Section 47-19.5.

P.

Freestanding shade structures. Freestanding shade structures (such as a gazebo, a tiki hut, or a trellis) may be permitted when accessory to residential uses, in the required rear yard but no closer than five (5) feet from the rear property line except where a parcel is abutting a waterway, where they shall be no closer than ten (10) feet from the waterway as measured in accordance with Section 47-2.2.R. Freestanding shade structures shall be open on all sides and shall be no greater in height than twelve (12) feet measured from the ground to the top of the structure, and shall be limited in size to a maximum of two hundred (200) gross square feet in area for that portion of the structure protruding into the required yard area. No more than one (1) freestanding shade structure per plot shall be permitted in the required rear yard.

Q.

Flag pole. Flag poles may be permitted when accessory to a residential use, and may be located in the required rear and front yards, no closer than five (5) feet from any property line, and no greater in height than twenty (20) feet. Flag poles may be permitted when accessory to a nonresidential use at a height not exceeding thirty (30) feet and subject to the yard requirements of the zoning district in which it is located. All flag poles shall be subject to the limitations set forth in the Sign Regulations, as provided in Section 47-22.

R.

Light fixtures, freestanding. Light fixtures may be permitted as an accessory to a residential use and may be located in the required front yard no closer than five (5) feet from the front property line and no greater in height than twelve (12) feet. Light fixtures shall be shielded, angled or both so that any direct or indirect light shall not cause illumination in excess of one (1) footcandle onto any abutting parcel of property except lighting of a parking facility shall comply with the requirements of Section 47-20. All light fixtures accessory to a nonresidential use shall be subject to the yard requirements of the zoning district in which it is located.

S.

Mechanical and plumbing equipment. Mechanical and plumbing equipment, such as air conditioner compressors, generators, lawn irrigation pumps, and swimming pool accessories shall not be located in the required front yard, but may be located within the required side or rear yards, but shall be no closer than five (5) feet from any property line provided that no such structure exceeds five (5) feet in height measured from the grade, eight (8) feet in length and limited to an area of forty (40) square feet.

T.

Open steps. Open steps may be permitted in all zoning districts in a required yard when such steps are no greater in height than the lowest habitable finished floor of the principal building(s) on the site.

U.

Outdoor uses. See Section 47-19.9.

V.

Patio.

1.

At-grade patios, and any other such impervious surface area, other than tennis courts, may be permitted within all zoning districts in the required front, rear and side yards when such patio is no greater in height than the lowest habitable finished floor of the principal building on the site, subject to pervious ground area requirements.

2.

Above-grade patios, and any other similar impervious surface area shall be permitted in the required front, rear or side yards but no closer than five (5) feet from any property line, and no greater in height than two and one-half (2½) feet as measured from the finished floor elevation of the ground floor of the principal building or buildings. The vertical edge of a patio that is visible from the right-of-way or adjacent property shall be finished according to industry standards and with materials that are consistent with the materials used in the patio itself.

W.

Planters. Planters may be permitted within all zoning districts in the required front, rear and side yards to a height not exceeding six and one-half (6½) feet. The combined height of the planter and mature plantings shall not exceed ten (10) feet. Height shall be measured from grade in accordance with Section 47-2.2.G.2, subject to the following:

1.

When abutting a street:

a.

Planters, including the plantings, greater than two and one-half (2½) feet in height shall be required to maintain a minimum average three-foot setback;

b.

The linear distance of any one (1) segment of the planter parallel to the property line and closer than three (3) feet from the property line cannot exceed thirty (30) percent of the length of the property line.

2.

When abutting a waterway, planters exceeding two and one-half (2½) feet in height above grade shall be located no closer than ten (10) feet from the waterway as measured in accordance with Section 47-2.2.R.

X.

Private recreation facilities. Private open space and/or indoor or outdoor recreation facilities when permitted accessory to a multifamily, cluster, or townhouse development shall be located on the same plot as the residential development and shall only be used by the persons living in the development and their guests. Within the RMH-60 district, multifamily dwellings with more than one hundred (100) units may have personal services, patio bars and food service areas for use only by persons living within the multifamily development and their guests, subject to site plan level III review as provided in Section 47-24.2, Development Permits and Procedures. Access to such special multifamily accessory uses shall be limited to the interior of the building through the main lobby of the multifamily dwelling, and there

Y.

Porch. A porch that is an accessory to a single family dwelling may be permitted to extend into the required front and corner yards in all residential zoning districts, subject to the following criteria:

1.

When accessory to a standard single family dwelling, a porch shall have a minimum setback of seventeen (17) feet measured from the furthest extent of the roofline or overhang; or

2.

When accessory to an attached single family dwelling a porch may encroach an additional three (3) feet into the required front or corner yard beyond the setback of the principal building, as measured from the furthest extent of the roofline or overhang.

3.

The porch must be open on at least two (2) sides with no screen enclosure.

Z.

Roof mounted structures.

1.

Roof mounted structures such as air conditioners and satellite dish antennae shall be required to be screened with material that matches the material used for the principal structure and shall be at least six (6) inches high above the top most surface of the roof mounted structure. Vent pipes, skylights, cupolas, solar collectors and chimneys shall not be subject to this provision.

2.

Rooftop photovoltaic solar systems shall be accessory to conforming and legal nonconforming buildings and structures in all zoning categories. Nothing contained within the ULDR, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory to conforming and legal nonconforming buildings, including buildings containing legal nonconforming uses.

a.

Installation of rooftop photovoltaic solar systems on a locally designated landmark or a property located within a designated historic district shall not be permitted without first obtaining a certificate of appropriateness from the Historic Preservation Board as indicated in Section 47-24.11, Historic designation of landmarks, landmark site or building and certificate of appropriateness.

b.

Height. The height of rooftop photovoltaic solar systems shall not exceed the highest point of the roof. For flat roofs with or without a parapet the rooftop photovoltaic solar system shall not be greater than five (5) feet above the roof.

AA.

Satellite dish antenna, ground level. Satellite dish antennae shall be placed within the building envelope and meet all required building setbacks and height controls in all yards when space is available. When space is not available or when available space does not technically meet the accepted location standard for satellite reception, then satellite dish antennae may be permitted within the required yards under the following conditions:

1.

No part of the satellite dish antenna and support structure shall exceed a height above the roof of a principal structure on a lot or to a height technically necessary to receive signals, whichever is greater; and

2.

The entire satellite dish antenna and support structure shall not protrude into an established side yard of the zoning district within which the satellite dish antenna exists unless it can be technically proven according to industry standards that no other adequate site exists on the parcel where the satellite dish antenna may be permitted in the side yard, but shall be no closer than five (5) feet from the side property line of the abutting property; and

3.

The entire satellite dish antenna and support structure shall have a rear yard setback from the property line of at least one (1) foot for each one (1) foot of height. Where a satellite dish antenna is located on a property which abuts a waterway, then the satellite dish antenna must be set back at least ten (10) feet from the property line that abuts the waterway; and

4.

The entire satellite dish antenna and structure shall not protrude into the required front yard required by the zoning district in which the satellite dish antenna is located; and

5.

The maximum diameter of satellite dish antennae shall be no greater than twelve (12) feet.

BB.

Swimming pools, hot tubs and spas.

1.

An outdoor swimming pool, hot tub, spa or similar structure and their related architectural features such as waterfalls, when accessory to a standard single-family dwelling, zero lot line dwelling, duplex or two-family dwelling, townhouse, or cluster dwelling may be permitted in the required front, rear and side yard no closer than five (5) feet from any property line. Such outdoor swimming pool or similar structure when located within the required setback shall not exceed the finished floor elevation of the ground floor of the principal building or buildings. The height of a hot tub, spa or similar structure constructed as part of an outdoor swimming pool and within the required setback shall not exceed two and one-half (2½) feet in height above the finished floor elevation of the ground floor of the principal building or buildings.

2.

A swimming pool, hot tub or spa, when accessory to a hotel or multifamily dwelling, shall be subject to the minimum yard requirements of the zoning district in which it is located.

3.

A hand-hold for bathers must be provided in accordance with the requirements of the Florida Building Code. (Moved from Section 47-19.5.E.)

4.

Swimming pool setback measurements shall be made from the outer edge of the coping of the swimming pool.

5.

Screen enclosures in the required rear or side yard of a standard single family dwelling shall be located no closer than four (4) feet from any property line, except where the property abuts a waterway the screen enclosure shall be located no closer than ten (10) feet from the property line abutting the waterway. Such screen enclosure, if utilized, shall be no greater in height than twelve (12) feet for that portion of the screen enclosure protruding into the required rear yard. No more than five (5) percent of required pervious ground area may occur within the screen enclosure.

6.

A swimming pool, hot tub or spa which is covered or enclosed by material other than a screen enclosure shall be subject to the yard requirements of the zoning district in which it is located.

7.

Hot tubs or spas may be covered by freestanding shade structures, as provided for in this section.

CC.

Tennis courts. Tennis courts accessory to a standard single family dwelling may be permitted within the required side or rear yards but no closer than ten (10) feet from any property line. Any fence enclosing the tennis court shall not exceed ten (10) feet in height and shall be screened with a continuous hedge which is maintained at seventy-five percent (75%) of the height of the fence and is a minimum height of six (6) feet at installation. No glare from lighting onto adjacent properties shall be permitted. Tennis courts that are accessory to a nonresidential use shall be subject to the yard requirements of the zoning district in which it is located.

DD.

Temporary sales or construction facility. A temporary sales or construction facility may be permitted as a temporary office accessory to new construction of a residential or nonresidential development provided such facility is only used for model, display, demonstration, security or office uses in conjunction with the new development. Such facility shall not be permitted prior to final site plan approval or prior to issuance of the first building permit, whichever occurs first; and must be removed within two (2) weeks after issuance of a certificate of occupancy (CO) or termination of site plan approval, whichever occurs first; and shall be removed if the building permit has expired and has not been issued within one hundred eighty (180) days of expiration. In addition, such facility shall be reviewed in conjunction with the proposed development plan or as an amendment to an approved development plan (site plan level I review).

EE.

Utility and tool sheds, residential districts. Utility and tool sheds when accessory to a residential building may be permitted in the required rear and side yards, but no closer than five (5) feet from any property line except where property is abutting a street or waterway. Where abutting a street or a waterway, such shed shall be subject to the yard requirements of the zoning district where it is located. A shed shall be no greater than twelve (12) feet in length on any side and shall be no greater in height than ten (10) feet measured to the top of the structure and shall be no larger in area than one hundred (100) gross square feet. No more than one (1) shed shall be permitted per development site.

FF.

Utility and tool sheds, nonresidential districts. Utility and tool sheds, when accessory to nonresidential use, shall meet the yard requirements of the zoning district in which they are located and shall be subject to the size and height limitations required by the zoning district in which they are located.

GG.

Construction staging areas. The staging of public purpose construction projects including but not limited to the construction of public rights-of-way, utilities and facilities, may be permitted in all zoning districts as a temporary use, in order to allow for the safe, efficient completion of the project with minimal disruption to existing residents, businesses, and traffic, and to ensure that public services and facilities are available. Construction staging shall include the parking, placing and storing of construction materials, vehicles, equipment and support facilities required for the construction of a public project. Construction staging areas shall be permitted subject to the following review processes and conditions:

1.

Application. An application shall, in addition to the requirements provided in Section 47-24, Development permits and procedures, include the following:

a.

A description and sketch dimensioned to scale of the subject property proposed to be used as a construction staging area and a description of the proposed use of the area, including such information as the location and type of construction materials, equipment, support facilities, vehicles, trailers or other construction equipment, storage areas for materials, traffic circulation plan to and from the site, access to the site, location, type of materials and details of any required fencing.

b.

A sketch of the proposed site signage, including all contact information; and the proposed location of the sign.

c.

The time required to complete the public construction project.

d.

A statement signed by the property owner acknowledging that the property owner consents to the temporary use of the property for construction staging as provided in the temporary construction permit application and that the property owner shall be held responsible for the removal of construction staging materials and debris if the applicant fails to do so upon termination of the temporary public purpose construction staging permit.

2.

Standards.

a.

A fence of a material, design, and construction that meets building code requirements and precludes visibility through the fence, except for openings necessary for safety, shall be erected around the perimeter of the site. The fence shall have a minimum height of six (6) feet and a maximum height of ten (10) feet; such height to be determined as part of the site plan level I permit based on what height is necessary to protect adjacent properties.

b.

The site shall be posted with a sixteen (16) square foot sign clearly visible from a right-of-way identifying the project by name, the name of the contractor, and the engineer responsible for construction management, and a phone number where the applicant or its representative can be contacted on a twenty-four-hour basis.

c.

Movement of vehicles, storage materials or other activities at the site shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, unless otherwise specifically approved as provided in the site plan level I permit.

d.

Construction staging at the site shall be limited to the activities approved as part of the site plan level I permit and no other activities shall be permitted except as approved by amendment of the site plan level I permit.

e.

Conditions of approval may be imposed if necessary to mitigate the impact on adjacent property such as temporary paving, landscaping, and watering, all in accordance with engineering standards.

f.

A termination date for the temporary construction permit shall be established by the department based on the information provided by the applicant, but an extension of such termination date may be granted if good cause is shown by filing an amendment to the site plan level I permit.

3.

Review process.

a.

Approval of a site plan level I permit as described in Section 47-24.2.

b.

In addition to the review process applicable to a site plan level I permit, the application shall be forwarded to and reviewed by the city's public services department and the property and right-of-way committee.

A recommendation from the city's public services department and the property and right-of-way committee shall be forwarded to the department and included as part of the review of the site plan level I application.

4.

Review criteria. In addition to the review criteria for a site plan level I permit, the following shall apply:

a.

The proposed plan meets the standards provided in this Section 47-19.2; and

b.

The plan includes measures to insure there is minimal disruption to existing residents, businesses and traffic in the area.

5.

Effective date of approval. The approval of a temporary construction staging area application by the department shall not take effect nor shall a permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed as provided in Section 47-26B., Appeals.

6.

Appeal. If a temporary construction staging permit is denied or is approved with conditions unacceptable to the applicant, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B., Appeals.

7.

If, during the course of the construction of the public purpose construction project it is found that activities on the construction staging area site are detrimental to the health, safety and welfare of the public as determined by the city engineer, the applicant shall be given notice of additional measures that must be taken in order to mitigate the negative impact. If the applicant fails to institute such measures within five (5) calendar days of notice, notice shall be given of a hearing to be held before the city commission and applicant shall be required to address the impacts associated with the staging area site. If the city commission finds that negative impacts exist, it may impose conditions on the construction staging permit. If the applicant fails to demonstrate how the negative impacts will be mitigated or fails to institute the measures within the time required by the city commission, the city commission may terminate the permit.

8.

Termination of permit. The temporary construction staging permit shall terminate on the date established by the department or the city commission as provided in this subsection FF. Upon termination of a temporary construction staging permit the site applicant or property owner shall have thirty (30) days from termination to restore the site to a clean and safe condition with all construction staging materials and debris removed.

HH.

Clotheslines. See Section 9-314, Clothesline requirements.

II.

Portable storage units.

1.

A portable storage unit (PSU) or portable on-demand storage unit is any container designed for the storage of personal property that is typically rented to owners or occupants of property for their temporary use and that is typically delivered and removed by a truck. A PSU is intended for offsite storage and is therefore permitted on the property solely for the loading and unloading of goods. Portable structures designed for depositing personal goods to be donated to a non-profit charitable organization are not included in the definition of a PSU.

2.

A PSU is subject to the following conditions when located on a property in the City of Fort Lauderdale:

a.

The PSU shall not exceed eight (8) feet in width, sixteen (16) feet in length and nine (9) feet in height.

b.

There shall be no more than one (1) PSU allowed per site.

c.

A permit is required prior to the placement of the PSU on a property in conformance with the requirements of this regulation. The permit shall be posted in a conspicuous location at the site for the entire time the PSU is on the property.

d.

The PSU shall be placed on the driveway, an approved parking area, or in the buildable portion of the lot and shall not be placed in a public right-of-way.

3.

When the physical limitations of the property prohibits placement of the PSU on the lot, the PSU may be placed in the swale provided the following conditions are met:

a.

Prior written approval from the city engineering department and issuance of the required right-of-way permit.

b.

The PSU may only be placed on an area approved for parking.

c.

The area must be adjacent to the property using the PSU.

d.

The PSU shall have safety reflectors on all sides of the container.

e.

The PSU shall not obstruct the public sidewalk or roadway.

f.

The PSU shall not create a hazardous condition and shall not block the visibility of streets, intersections, traffic control devices, alleys, or driveways or interfere in any way with vehicular or pedestrian traffic.

g.

The PSU shall be removed within seventy-two (72) hours of placement in the swale or the city may remove the PSU after the expiration of this time period at the PSU owner's expense.

4.

A PSU shall not remain on a property in excess of the following duration. An event, as defined in this section, shall begin with the delivery and end with the removal of the PSU. Events may not be consecutive.

a.

Residential use: A maximum of fourteen (14) calendar days per event and two events per dwelling unit per calendar year. A residential use by any applicant may not exceed twenty-eight (28) days in a calendar year.

b.

Non-residential use: A maximum of thirty (30) calendar days per event and two events per commercial rental unit on a property per calendar year. A non-residential use by any applicant may not exceed sixty (60) days on a property per calendar year. A PSU on a commercial property must be located in a designated parking area on a portion of the site that has the least visibility from adjoining public rights-of-way.

5.

A PSU shall have the name and current telephone number and address of the company providing the PSU. No other signage shall be allowed on a PSU. Allowed signage shall not exceed thirty-three (33) percent of the area of the side of the PSU containing the signature and no more than two sides of any PSU shall contain signage.

6.

A PSU shall be locked and secured by the owner or tenant of the unit or property at all times when loading or unloading is not taking place.

7.

A PSU must be maintained in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks.

8.

Storage of hazardous material in a PSU is prohibited.

9.

Weather conditions:

a.

If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of seventy-five (75) mph or greater, all PSUs shall be removed from all properties in the city and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds.

b.

As an alternative to removal, the PSU vendor may submit a tie-down proposal for approval by the chief building officials or his or her representative and each PSU that is not removed shall be tied down in the approved matter by the deadline specified by the chief building official.

10.

The period of time a PSU is removed under this provisions shall not be applied to the determination of the duration of an event under this section.

JJ.

Aboveground storage tanks.

1.

Aboveground tanks containing combustible liquids and liquid propane, residential properties. Except as provided in JJ.2., aboveground tanks when accessory to a building with a residential use shall not be located in the required front yard, but may be permitted in the required rear and side yards, but no closer than five (5) feet from any property line except where property is abutting a street or waterway. Where abutting a street or a waterway, such aboveground tanks shall be subject to the yard requirements of the zoning district where it is located. In the event that these requirements conflict with the Florida Building Code or the Florida Fire Prevention Code, the more restrictive requirement shall apply.

2.

Aboveground tanks containing combustible liquids and liquid propane, multifamily and nonresidential properties. Aboveground tanks, when accessory to multifamily and nonresidential properties, shall meet the yard requirements of the zoning district in which they are located and shall be subject to the requirements of the Florida Building Code and the Florida Fire Prevention Code. In the event that these requirements conflict with the Florida Building Code or the Florida Fire Prevention Code, the more restrictive requirement shall apply.

(Ord. No. C-97-19, § 1(47-19.2), 6-18-97; Ord. No. C-97-51, § 7, 11-4-97; Ord. No. C-99-81, § 1, 1-19-00; Ord. No. C-00-37, § 1, 9-6-00; Ord. No. C-00-65, § 4, 11-7-00; Ord. No. C-02-13, § 1, 6-18-02; Ord. No. C-03-19, § 7, 4-22-03; Ord. No. C-04-2, § 3, 1-12-04; Ord. No. C-04-4, § 4, 1-12-04; Ord. No. C-05-12, § 1, 6-12-05; Ord. No. C-06-33, § 2, 11-7-06; Ord. No. C-08-54, § 1, 12-2-08; Ord. No. C-12-47, § 3, 12-4-12 ; Ord. No. C-17-02 , § 4, 3-7-17)