Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 23. Zoning, Land Use And Development Regulation |
Article III. General Development Regulations |
Division 1. Land Development |
§ 23-301. Lots and structures.
Sec. 23-301.1 Requirements of other applicable sections.
b. The dimensional requirements of section 23-422, set forth in Tables 23-422A and B shall apply to all new lots except those not intended for the construction of structures.
c. Structures shall meet the requirements of section 23-422, dimensional and area regulations, article V, accessory uses and structures, and article VI, resource protection standards, as applicable.
d. If a proposed structure is in a planned development project, structures will be permitted only as shown on the approved planned development project plan or as allowed in article IV, division 4.
e. A certificate of appropriateness may be required prior to commencement of work on a property within a historic district, per section 23-227
(Ord. No. 2008-11, § 6, 5-20-08)
Sec. 23-301.2 General regulations for structures.
a. Only one (1) principal building shall be permitted per lot, except as follows:
1. In zoning districts allowing multi-family uses, multiple buildings on a lot are permitted through the site plan approval process for major projects (section 23-222), provided the development has twelve (12) or fewer dwelling units.
2. Multiple buildings on a lot may be permitted through the planned development project approval process (section 23-224) for single-family cluster developments and for multi-family developments with more than twelve (12) dwelling units.
3. Up to four (4) principal buildings on a lot are permitted in non-residential and mixed use developments through the site plan approval process for major projects (section 23-222).
4. Non residential and mixed use projects with more than four (4) principal buildings on a lot may be permitted through the planned development project process (section 23-224).
b.Temporary structures. Temporary structures are those which are designed, constructed and intended to be used on a short-term basis. Temporary structures, including non-motorized trailers, are permitted for use as offices by developers during construction of housing developments with more than three (3) living units and of non-residential developments. The use of temporary structures, motor homes, mobile homes, or similar facilities for living quarters is prohibited, except during a city emergency, such as a hurricane, declared by the city manager upon a recommendation of the building official. Tents and booths for short-term special events or auctions and sales are permitted in conjunction with a special event or sale pursuant to Table 23-541. The following regulations apply to temporary structures:
1. No temporary structure, except those permitted for short-term events, shall be permitted on a property until a site plan for the principal development on the parcel has been approved.
2. Temporary structures shall be tied down as required by the building official, and except for those intended for short-term events, shall be provided with electrical and sewer service in accordance with current building, electrical, and plumbing codes. The structure shall be accessible to emergency vehicles via a stable surface.
3. The location of a temporary structure on a site shall be at the discretion of the administrative official. Such structures shall be located in the side or rear yards when feasible. Storage pods shall be allowed to remain on site for longer than a total of one week in a given month only if the pod is being used for storage in conjunction with the renovation, reconstruction, or repair of a building on the site and only while there is a valid building permit for the work being performed. A site plan showing the property, the dimensions of the proposed temporary structure, and the proposed location shall be submitted with the application.
4. A verification of zoning compliance in accordance with section 23-212 must be issued for a temporary structure prior to construction or its placement on the lot. Storage pods located on site for less than one week during a given month are exempt from the requirement for zoning verification.
5. Temporary structures are not exempt from the provisions of the Building Code. Tent permits are required for their use for a special event or sale pursuant to section 23-343
c. Outparcel structures. The design of structures on outparcels shall be coordinated with the main structure on the parcel. At a minimum, similar colors and materials shall be used on exterior surfaces. Compatibility in roof shape and material, signage, lighting and landscape material is encouraged.
d. Utilities.
1. Water and sewer facilities. No dwelling unit or principal structure shall be permitted on a lot unless building plans provide for connection to city sewer and water systems as required under chapter 21 of this Code.
2. Reclaimed water system. No dwelling unit or principal structure shall be permitted in a development where a reclaimed water system is required under chapter 21 of this Code unless plans submitted with the permit application provide for connection to that system or a waiver has been approved by the director of utilities.
e. Adequate access. No building shall be permitted on a lot unless the lot has adequate access in accordance with section 23-303
f. Right-of-way. Structures shall not be located in the future right-of-way of public streets and required building setbacks shall be measured from the future right-of-way widths.
1. The administrative official may allow the setback to be measured from the existing right-of-way rather than from the future right-of-way in cases where the purchase of the future right-of-way area is not in the foreseeable future. Setback from the future right-of-way shall not be waived if widening of the street is included in the City Five-Year Capital Improvements Plan (CIP) or County Five-year Transportation Improvement Program (TIP) or is included in any improvement programs of the Florida Department of Transportation.
2. In cases where existing right-of-way width is less than the requirement for the classification of the street (see section 23-303), reductions in setback shall be limited so that a minimum of fifty (50) percent of the required right-of-way width is reserved.
g. Utility easements. No structures, including accessory structures, shall be located in recorded utility easements.
h. Flood hazard areas. Structures in flood hazard areas shall comply with the elevation and other requirements of this chapter.
i. Concurrency. No structure or alteration to a structure shall be permitted unless the administrative official determines in accordance with article VII, div. 1 of these land development regulations that adequate capacity in services will be available at the time of issuance of the certificate of use (as per section 23-213).
(Ord. No. 2007-02, § 5, 3-6-07; Ord. No. 2008-04, §§ 5, 6, 2-19-08; Ord. No. 2008-45, §§ 5, 6, 23, 12-16-08; Ord. No. 2016-01, § 2, 01-19-16)