§ 39-352. General provisions.

(a)

Definitions. Terms used within this Article are defined in Article II, "Definitions," of this Code.

(b)

Dumpsters and dumpster enclosures . Dumpsters located on any property in a Transportation District shall comply with the following:

(1)

Dumpsters which are visible from any street or from contiguous property, shall be kept within opaque or translucent enclosures and shall be located at least five (5) feet inside any plot line, except that no dumpster or dumpster enclosure shall be located in a required setback area, unless a street or dedicated alley separates the plot from any adjacent residential or commercial business zoned property.

(2)

Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.

(3)

Dumpsters shall be emptied by a licensed collector at intervals which will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture and major appliances and shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

(4)

All dumpster pads shall be at least two (2) feet larger than the dumpster on all sides. Wheel stops or posts shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection.

(5)

Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the equipment of the collector.

(6)

The dumpster enclosure shall be constructed so as to accommodate recycling bins, if over forty (40) gallons.

(7)

The gates of the enclosure shall be constructed of a frame with opaque or translucent walls affixed thereto, and both frame and walls shall be of a material of sufficient strength to withstand normal use. Gates shall be attached to metal posts at least three (3) inches in diameter with at least two (2) hinges. Each gate shall have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

(8)

The base of the enclosure must be poured concrete, in accordance with the requirements of the Florida Building Code. The base shall extend three (3) feet beyond the front opening of the enclosure as an apron, and all concrete must be level with the adjacent surface.

(c)

Landscaping. All buildings and uses shall provide landscaping in accordance with Article VIII, "Landscaping for Protection of Water Quality and Quantity," of this chapter.

(d)

Miscellaneous provisions. In addition to general provisions herein, buildings and properties in the Airport Transportation Zoning District shall be subject to requirements of Article IX, "General Provisions," of this Chapter.

(e)

Nonconforming uses and structures. Nonconforming uses and structures are subject to Article VII, "Nonconforming Uses and Structures," of this Chapter and, in addition, to such other provisions of this Article that may be applicable.

(f)

Off-street parking. All buildings and uses shall provide off-street parking, loading areas and lighting in accordance with Article XII, "Off-street Parking and Loading," of this Chapter.

(g)

Property maintenance. Buildings and properties in the Airport Transportation District shall be in accordance with Article X, "Property Maintenance and Junk and Abandoned Property," of this Chapter.

(h)

Setbacks and buffers between industrial and residential or commercial districts.

(1)

The minimum setback for the construction or erection of any building or structure, except fences and walls, shall be ten (10) feet from a street line, unless a greater setback is required in this article for a specific use. The setback shall be a landscape buffer as required by Article VIII of this Chapter.

(2)

The minimum setback for the construction or erection of any building or structure, except fences and walls, which is separated from a residentially-zoned plot or a commercial business zoned plot by a street, dedicated alley, canal, water area, railroad right-of-way or public open space, shall be thirty (30) feet from any such plot line, unless a greater setback is required for a specific use in this article. The first fifteen (15) feet of the setback from the street, alley, canal, water area, railroad right-of-way or public open space shall be a landscape buffer as required by Article VIII of this Chapter.

(3)

The minimum setback for the construction or erection of any building or structure, except fences and walls, or for the storage of any product, material, or equipment, or for any activity, which is contiguous to a residentially-zoned plot, shall be one hundred (100) feet, or which is contiguous to a commercial business district, shall be twenty-five (25) feet. The first fifteen (15) feet of the setback from the plot line contiguous to the residential or commercial business-zoned plot shall be a landscape buffer in accordance with Article VIII, "Landscaping for Protection of Water Quality and Quantity." A visual barrier in the form of a fence, wall, or hedge constructed or planted within the setback areas as provided in Subsection (6) below shall be located within the landscape buffer if an Airport Transportation zoned plot is contiguous to a residentially-zoned plot.

(4)

No building or structure shall be erected or maintained within twenty-five (25) feet of the intersection of two streets, nor within fifteen (15) feet of the intersection of any driveway and street, except as permitted in subsection (6) following.

(5)

The setbacks required by this section shall also apply to those unincorporated lands which abut a municipal jurisdiction. Such setbacks shall be applied in the same manner as if the municipal lands were unincorporated lands.

(6)

Fences, walls and hedges may be erected or planted and maintained within a required buffer to a maximum height of eight (8) feet. Fences or walls shall be translucent or opaque. Hedges used as a required visual barrier shall be a minimum of four (4) feet in height at time of planting and shall be of a species which will reach at least the maximum height of eight (8) feet within two (2) years after planting. Open-weave or chain-link type fences may only be used within a required buffer if appropriate landscape material, in accordance with Article VIII, is planted along such fence which, after planting, will obscure the fence and provide a translucent barrier within one (1) year after planting. Within twenty-five (25) feet of the intersection of two streets, or within fifteen (15) feet of the intersection of a private accessway and a street, only chain-link or other such open fencing may be erected or maintained. The use of barbed wire, razor wire or electrified fencing contiguous to commercial business zoning districts or residentially-zoned plots shall be prohibited.

(i)

Signs. All buildings and uses shall be subject to the provisions in Article VI, "Signs," of this Chapter.

(j)

Storage yards. Unless otherwise specified in this article, any permitted open air storage, which is visible from a residentially-zoned plot, shall be screened from view from such residential plot by an opaque or translucent wall at least six (6) feet in height, located consistent with requirements of subsection (h)(6) above. Open air storage areas shall be delineated on an approved site plan.

(k)

Use of premises without buildings. Except for vehicle, equipment or bulk material storage yards, all permitted uses shall be conducted from a building on the plot which building shall be a minimum of one hundred fifty (150) square feet in area and which shall contain permanent sanitary facilities.

(l)

Wireless communication facilities. Wireless communication facilities shall be subject to the provisions in section 39-102, "Wireless communication facilities," of this Code.

(Ord. No. 2001-19, § 2, 5-22-01; Ord. No. 2013-04, § 2, 2-12-13)