§ 2.06.08. Miscellaneous uses.
Section 2.06.08.1 Conversions.
Conversions shall be permitted in all residential districts except in the SFR and LDR districts in accordance with the following provisions:
(1)
There shall not be more than the maximum number of dwelling units than are permitted in the respective district.
(2)
Such conversions may be permitted on lots of not less than the minimum required for the district where situated.
(3)
Off-street parking shall be provided in an amount of not less than two (2) for each dwelling unit.
(4)
Any conversion from rental to condominium or time share ownership of any dwelling unit of a multi-family dwelling shall come before the planning and architectural review board for review. Such review shall include findings that the use conforms with all applicable land use regulations of the city, including all parking requirements. The planning and architectural review board shall forward its findings and recommendations to the city commission for final approval.
Section 2.06.08.2 Home occupations.
Home businesses shall be governed by Chapter 18, Article II, Business Tax.
Section 2.06.08.3 Outdoor storage areas.
Such uses shall not be located within one hundred (100) feet from the nearest residential district and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the planning and architectural review board to protect the public health, safety, comfort, convenience and general welfare, and especially with regard to abutting properties and the occupants thereof.
(1)
Inflammable and explosive liquids—No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(2)
Fencing and setbacks—All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property or a public street. Such walls and fences shall be not less than ten (10) feet away from any property line, and shall be a distance of not less than twenty-five (25) feet from any public street.
(3)
Deposit of wastes—No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(4)
Other hazardous materials—All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
Section 2.06.08.4.1 Temporary structures, utility trailers, and recreational vehicles.
No temporary structure, utility trailer or recreational vehicle shall project into the yard or encroach into easements, parking areas, or other required areas except as hereinafter provided.
(1)
Unless temporary structures are prohibited in any district or subdivision, temporary structures may be constructed in a rear yard provided that all such structures, collectively, do not occupy more than thirty (30) percent of the required rear yard and provided it is not located within the rear yard setback.
(2)
Recreational vehicles and utility trailers shall have current license tags or validation stickers, if required by state law, and shall be in good working order. For purposes of this section, "good working order" shall mean that the body, tires, windows, and bumpers are maintained in accordance with generally accepted standards and that the recreational vehicle or utility trailer is functional, usable and in such a state as it may be used without further repair or alteration for the purpose for which is was intended.
(3)
To protect and promote the public health, safety and welfare, to provide light, safety from fire, safety from other damages and to protect property owners from certain general nuisances associated with unregulated parking, storage, or maintenance of utility trailers and recreational vehicles, the parking, storage, and maintenance of utility trailers and recreational vehicles shall be allowed on private property subject to the following:
a.
No utility trailer or recreational vehicle shall be occupied as temporary living quarters while such utility trailer or recreational vehicle is parked or stored within a residentially zoned district in the city except as otherwise provided in the Code of Ordinances. No utility trailer or recreational vehicle parked or stored in the city shall have its wheels removed for a period greater than seventy-two (72) consecutive hours, except for repair or maintenance. No recreational vehicle parked or stored in the city shall run a generator or be connected to water, electric or sewer hookups for any purpose other than maintenance and testing purposes. A rebuttable presumption shall exist that a generator was run for purposes other than maintenance and testing if such generator is run for more than fifteen (15) minutes in any twenty-four-hour period. A rebuttable presumption shall exist that a recreational vehicle was connected to water, electric or sewage utilities for purposes other repair or maintenance if such connections exist for more than twenty-four (24) consecutive hours.
b.
No utility trailer or recreational vehicle shall be parked in such a way that it encroaches onto a street, sidewalk or other right-of-way or in any location which visually obstructs vehicle egress from nearby properties or the view or vision of vehicular traffic.
c.
Notwithstanding any other provision herein, utility trailers and recreational vehicles more than forty (40) feet in overall length may not be parked or stored on residential parcels unless stored in fully enclosed garages or stored entirely within carports.
d.
A utility trailer or recreational vehicle parked or stored at a residence on residential property must be owned by the owner or tenant of the parcel of property upon which the utility trailer or recreational vehicle is parked or stored.
e.
No more than one (1) recreational vehicle and one (1) utility trailer shall be parked outside of a fully enclosed garage at any one time.
f.
A utility trailer or recreational vehicle may be kept:
(i)
in a fully enclosed garage or stored entirely within a carport;
(ii)
in a rear yard so long as the recreational vehicle does not occupy more than thirty (30) percent of the rear yard and is not located within the rear yard setback;
(iii)
in any portion of the residence driveway located entirely behind the line extending from the forward-most portion of the principal residential structure to each side lot line; or
(iv)
in a side yard not fronting any street.
g.
Utility trailers and recreational vehicles may be temporarily parked in any portion of the residence driveway forward of the line extending from the forward-most portion of the principal residential structure to each side lot line for the purpose of loading, unloading, minor repairs, or general maintenance. However, such temporary parking shall not occur continuously for more than seventy-two (72) hours in any consecutive seven-day period.
h.
When parking pads have been issued permits by the city prior to the effective date of this Ordinance [October 13, 2011] and as of the effective date of this Ordinance [October 13, 2011] such pads are being used for parking and storage of recreational vehicles but are not in compliance with this section, parking and storage of such recreational vehicles on the parking pads are hereby grandfathered in and not subject to Section 2.06.08.5 regarding nonconforming uses.
i.
No utility trailer parked or stored outside of a fully enclosed garage shall have visible commercial markings identifying any business or commercial enterprise in which the trailer is used.
j.
The contents of any utility trailer parked or stored outside of a fully enclosed garage shall be shielded from the elements and public view either by the structural components of the utility trailer or by an appropriately sized tarpaulin cover that is free of holes, rips, tears and excessive fading.
k.
No utility trailers or recreational vehicles may be parked or stored on unoccupied or undeveloped lots.
l.
Owners of utility trailers or recreational vehicles parked or stored in violation of this section prior to the effective date of this Ordinance [October 13, 2011] shall have ninety (90) days to come into compliance with this section.
(4)
In an effort to assist property owners to comply with the regulations of this section, the following procedures shall be followed by the city for first-time violations of this section.
a.
Upon documenting a first-time violation of this section, the code enforcement officer shall, prior to issuing a notice of violation, inform the subject property owner of the violation and make a written offer to the owner of the subject property offering the assistance of the city in providing assessment of compliance options. The compliance assistance agreement shall be in a form approved by the city. The subject property owner shall have three (3) business days to accept the city's compliance assistance agreement. If the subject property owner refuses the compliance assistance agreement or fails to respond within three (3) business days from the date the compliance assistance offer was made, the code enforcement officer shall proceed to issue a notice of violation.
b.
If the subject property owner accepts the city's offer of compliance assistance, the code enforcement officer shall schedule an inspection of the subject property by the code enforcement officer for the purpose of evaluating the most efficient method of bringing the property into compliance with this section.
c.
Within three (3) business days from the date of the compliance inspection performed pursuant to paragraph b. the code enforcement officer shall notify the subject property owner of the code enforcement's determination as to the most efficient method of bringing the subject property into compliance.
d.
The owner of the subject property shall be allowed twenty-one (21) days from the date of the notice of the compliance methods described in paragraph c. to bring the subject property into compliance by any means the subject property owner chooses. If at the end of said twenty-one-day period, the subject property remains in violation, the code enforcement officer shall proceed to issue a notice of violation.
e.
Failure by the city to meet any of the time deadlines provided herein shall not prevent the code enforcement board or special magistrate from making a finding that the property is in violation of this section at a duly noticed hearing. In the event that the city is shown to have failed to undertake or complete any action required by this section, the code enforcement board or special magistrate shall include in the time allowed for cure of the violation additional time for the subject property owner to avail himself or herself of the compliance assistance detailed herein.
(Ord. No. 2004-37, § 3, 1-27-05; Ord. No. 2006-12, § 1, 4-13-06; Ord. No. 2007-06, § 1, 3-8-07; Ord. No. 2009-14, § 2, 9-24-09; Ord. No. 2011-01, § 3, 10-13-11)
Section 2.06.08.4.2 Special provisions for portable storage units.
(a)
Portable storage units may be located in single-family and two-family zoning districts. Portable storage units may be allowed in other multi-family districts only upon the applicant demonstrating, to the satisfaction of the appropriate designated city official, that the specific location/complex has sufficient space to place a portable storage unit and continue to provide adequate parking, public safety access and comply with all health, safety and welfare concerns.
(b)
Prior to commencing business in the city, the portable storage company must obtain an annual permit from the city outlining the obligations and requirements prior to conducting business in the city. In addition, the portable storage company must provide a cash deposit in an amount established by resolution to ensure the timely removal of the portable units and compliance with this ordinance.
(c)
The total square footage for portable storage units on any site shall not exceed one hundred thirty (130) square feet in area.
(d)
Portable storage units in single-family and two-family zoning districts shall be placed only in the driveway and be set back a minimum of ten (10) feet from the front property line.
(e)
No portable storage unit shall remain at a site in excess of seven (7) consecutive days in single-family, two-family and multi-family zoning districts. No portable storage units shall be placed at any one (1) location in excess of fourteen (14) days in a calendar year for single-family and two-family zoning districts. Notwithstanding the time limitations as stated above, all portable storage units shall be removed immediately upon the issuance of a hurricane warning by a recognized governmental agency. The removal of the storage units during a hurricane warning is the responsibility of the provider/owner of the unit.
(f)
In the event of a natural disaster, as determined by the appropriate designated city official, damages sustained by fire or other personal property loss, storage units may be retained beyond the time constraint limitations described herein not to exceed thirty (30) days from the date of permit issuance and may be extended, under extraordinary circumstances, for a period of time to be determined by the appropriate designated city official.
(g)
It shall be unlawful for any person to place or permit the placement of a portable storage unit on property which he or she owns, rents, occupies, or controls without first obtaining a site permit and approval from the appropriate designated city official.
(h)
The exterior of the storage unit shall have a weatherproof clear pouch which must display the site permit.
(i)
The owner, operator and/or renter of the portable storage unit shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage units.
(j)
Violations of any part of this section are subject to fines as described in Chapter 2 Article IV, Division 2 Section 2-78, Administrative Fines of the Code of Ordinances of the City of Flagler Beach.
(Ord. No. 2004-37, § 3, 1-27-05; Ord. No. 2006-12, §§ 1, 2, 4-13-06; Ord. No. 2006-20, § 1, 6-22-06)
Section 2.06.08.5 Nonconforming uses and nonconforming structures.
(1)
Continuation of use—A use, building or structure, lawfully in existence at the effective date of this Land Development Code, which shall be made nonconforming at the passage of this ordinance or any applicable amendment thereto, may be continued except as otherwise provided in this article.
(2)
Regulation of nonconforming uses:
(a)
No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of any amendment of the Land Development Code;
(b)
Normal maintenance, repair and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided, however, that no structural alterations shall be made which would increase the number of dwelling units;
(c)
No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of any amendment of the Land Development Code;
(d)
A nonconforming use not used for a period of twelve (12) months or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived;
(e)
When any structure containing a nonconforming use is destroyed by any means to an extent greater than seventy-five (75) percent of the structure's assessed value the structure shall not rebuilt unless the use is converted to a conforming use.
(3)
Regulation of nonconforming structures:
(a)
No nonconforming structure shall be enlarged, increased or expanded in a way that increases the structure's nonconformity;
(b)
When any nonconforming structure is destroyed by any means to an extent greater than seventy-five (75) percent of the structure's assessed value the structure shall not be rebuilt unless rebuilt in full compliance with all provisions of this Land Development Code;
(c)
Normal maintenance, repair and incidental alteration of a nonconforming structure is permitted, provided such maintenance, repair and incidental alteration does not enlarge, increase or expand the structure's nonconformity. A nonconforming residential structure may be altered in any way to improve interior livability, provided, however, that no structural alterations shall be made which would increase the number of dwelling units.
Section 2.06.08.6 Liveaboard vessels in marinas.
(a)
Liveaboard vessels are permitted only in marinas which have received a special exception for liveaboard vessel use pursuant to Section 2.06.01 and this section.
(b)
In addition to the criteria for grant of a special exception provided in Section 2.06.01, an applicant has the burden of satisfying all of the following minimum criteria by competent substantial evidence:
1)
The owner of the marina has the ability to, and shall, come into compliance with all of the requirements set forth herein.
2)
The number of liveaboard vessels requested is no more than the equivalent of ten density units per acre, calculated by the following formula; provided, however, that no more than fifty (50) percent of the wet boat slips shall be designated for liveaboard vessels.
Formula for calculating maximum density for liveaboard vessels:
Number of linear feet of shoreline of the upland property multiplied by the length of the longest dock on upland property, divided by 43,560 (number of square feet in an acre). The quotient is equivalent to acreage. No more than ten liveaboard vessels per equivalent acre shall be granted.
Example: 1,000 linear feet of shoreline x 150-foot dock = 150,000
150,000 divided by 43,560 = 3.4 equivalent acres.
Maximum number of liveaboard vessels allowed: 34*
*Provided, however, that, if 34 is more than fifty (50) percent of the wet slips, the maximum liveaboard vessels shall be fifty (50) percent of the total number of wet slips.
3)
Local infrastructure has adequate capacity to support the proposed number of liveaboard vessels.
4)
Parking for the proposed number of liveaboard vessels shall be calculated in the same way as parking for medium density residential, and the adjacent upland property owned by the applicant must have adequate parking capacity for such liveaboard vessels, in addition to having parking capacity for other uses of the marina.
5)
Applicant must have a permit from the State for the number of liveaboard vessels for which a special exception is sought.
(c)
Once the applicant has met this burden, the burden shifts to any opposing party to demonstrate by competent, substantial evidence that the special exception does not meet the minimum criteria or is adverse to the public interest. After consideration of a special exception application for liveaboard vessels at a marina, the city commission may approve, approve with modifications, approve with conditions, or deny the application based on the consideration contained in Section 2.06.01 and herein.
(d)
A special exception granted pursuant this section may be subject to review at any time and may be revoked after notice to the owner and any lessee at a public hearing by the city commission. The city commission may revoke the special exception permit upon a finding that there have been material violations of any of the criteria set forth in this section or material violations of any conditions of approval, or that the conduct of the owner and any lessee constitutes a public nuisance. The city may institute legal or equitable proceedings to revoke the special exception permit. No applicant who has had a special exception permit revoked shall be allowed to apply for another special exception permit for two (2) years after the revocation date.
Section 2.06.08.7 Minimum requirements for marinas permitting vessels used for habitation.
The owner of any marina shall not permit any vessel which is used for habitation to be tied or docked at such marina unless all of the following conditions are met:
1.
The requirements of all applicable laws, codes, and regulations, such as those governing parking, public health, public safety, sanitation, including marine sanitation, and the environment are met.
2.
Marinas at which vessels used for habitation are docked shall provide an American National Standards Institute approved flammables cabinet of sufficient size for the storage of flammable materials.
3.
Any marina which allows vessels used for habitation to dock at the facility and which exist on the date this section is enacted shall come into compliance with this section within twelve (12) months from the date of enactment of this Ordinance.
4.
On shore restroom facilities are available at the marina, which facilities shall comply with all applicable zoning and code regulations. If compliance with this regulation would require the relocation of an existing exterior wall of a principal building, it shall be waived by the city only if the property owner can demonstrate that the proposed restroom facility is no larger than necessary to meet Florida Building Code requirements and the requirements of this section and complies with the zoning regulations to the greatest extent possible as determined by the city.
Section 2.06.08.8. Floating structures.
Except as otherwise provided by federal or state law, houseboats which are not self-propelled (cannot be moved under their own power), floating structures, and barges may not be tied or docked in any zoning district in the city.
Section 2.06.08.9. Bottle clubs.
Bottle clubs as defined in Section 2.02.00 are prohibited in all zoning districts of the city.
(Ord. No. 2009-17, § 5, 10-8-09; Ord. No. 2014-17, § 2, 1-8-15)