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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 23. Zoning, Land Use And Development Regulation |
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Article V. Accessory Uses And Structures |
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Division 2. Residential Accessory Uses And Structures |
| § 23-521. Accessory uses, residential properties. | ||||||||||||||||||
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Effective: Tuesday, July 7, 2015
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Accessory uses allowed in conjunction with residential properties are those activities which are ordinarily conducted in a house or its yard and include, but are not limited to those listed in Table 23-521. Residential properties are those used primarily as dwellings. TABLE 23-521
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(Ord. No. 2007-02, § 17, 3-6-2007; Ord. No. 2007-33, § 8, 9-4-2007; Ord. No. 2015-04, § 10, 7-7-15) |
| § 23-522. Accessory structures, residential properties. | ||||||||||||||||||||||||||||||||||||||
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Effective: Wednesday, September 19, 2018
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See subsection 23-501(b)3. for accessory structures on mixed-use properties. a. Location and setbacks. Accessory structures on residential properties shall not be located within the front yard except as otherwise noted and shall maintain a five-foot setback from any side or rear property line, except as otherwise noted. b. Waiver of front yard requirements. Where lots within a subdivision have functional rear yards backing up to an exterior street and have functional front yards gaining access from an interior street, the planning board may grant approval for the functional rear yard to be considered a rear yard for the purposes of accessory structure locations and setbacks, provided a landscaped buffer is approved along the exterior street. The buffer shall be designed to provide a solid, continuous, screen of at least four (4) feet in height within two (2) years of planting. The buffer shall be as approved by the planning board, and shall meet the minimum standards for a "buffer along streets exterior to a development" in subsection 23-307.2.b. The buffer shall not be included in calculations of lot area. Setbacks shall be measured from the interior edge of the buffer. (See Figure 23-522(b)).
c. Ground coverage. Structures shall be limited by the ground coverage maximums listed in Table 23-422A, "Dimensional and Area Standards - Residential Districts." d. Types of structures. Accessory structures which are permitted in conjunction with a residence include, but are not limited to, those listed in Table 23-522, and such structures are subject to the restrictions as indicated. If the type of structure proposed is not listed on the applicable table, the administrative official must make a determination whether the proposed structure is compatible with a residential neighborhood. TABLE 23-522
All accessory structures must be at least five (5) feet from any lot line. |
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(Ord. No. 2007-02, § 18, 3-6-07; Ord. No. 2008-45, § 19, 12-16-08; Ord. No. 2018-07, § 6, 09-19-18) |
| § 23-523. Docks and piers. |
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Effective on Tuesday, October 15, 2019
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All docks and piers are subject to the dimensional requirements of this section. a. Docks and piers may be constructed beyond the shorelines of lakes provided the structure does not extend beyond the applicant’s property. Docks or piers may extend beyond the applicant’s property with written permission of the property owner of the effected property. b. All construction shall conform to the requirements of the Florida Building Code and City building regulations. Floating docks which are attached to shore are allowed and encouraged. c. Docks and piers that extend into public waters may be permitted by Special Exception Use Permit. All marine structures constructed for use by a single-family residential property owner shall conform to the following regulations: d. The maximum distance that a dock or pier may extend from the property line abutting any lake shall be 50 (fifty) feet. e. In no case shall structures in canals extend from the canal bank or bulkhead beyond the twenty-five (25) percent of the canal's average width along the property fronting the canal. f. Docks and piers shall maintain a minimum of a five-foot setback from the side lines of the property or the extension thereof into the water body. g. Docks and piers constructed in residential, dead-end canals may not be closer than twenty-five (25) feet from another such structure. h. The main access pier from the shore to the dock or platform area shall not exceed six (6) feet in width. Handrails shall be provided on at least one (1) side of any part of a dock or pier which is three (3) feet or less in width. i. All docks and piers shall be constructed so as to be visible to marine traffic in times of high water by being equipped with a device or structure which is clearly visible at least six (6) feet above the water's surface at all times (e.g., orange flag, reflectors). Such device or structure shall be installed at the lakeward end of the structure and elsewhere along the structure, spaced no further than twenty-five (25) feet apart. j. The surface area of all docks and piers may not exceed a total of five hundred (500) square feet which includes the main access pier and platforms. k. The sides of any structure shall remain open except that see-through screening material shall be permitted. l. No more than two (2) watercraft may be moored at any such structure. m. Living quarters and other non-water dependent structures are prohibited
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(Ord. No. 2019-15, § 1, 10-15-2019) |
| § 23-524. Fences and hedges | ||||||||||
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Effective: Tuesday, December 6, 2016
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For the purposes of this section, the word "fence" shall include walls that are constructed to enclose or screen all or part of a property. Fences and hedges shall comply with the provisions of this section. Fences constructed to enclose swimming pools shall also comply with the requirements of section 23-527. See subsection 23-524(e) for requirements for temporary fences. a. No permanent fences shall be installed in any zoning district without the issuance of a permit from the city subject to site plan approval in accordance with section 23-222. All applications for a fence permit shall include a site plan which details the proposed fence construction, including fence location in relation to property lines and easements, as well as any other information deemed necessary by the administrative official for reviewing the application. b. Dimensional requirements. Fences and hedges shall be located a minimum of 3 feet from the property line along an alley. Otherwise, they are not subject to setback requirements and may be located anywhere within the property lines, provided the height limitations set forth in Table 23-524 are met. The planning board may waive the height requirements for a valid purpose related to compatibility with the character of the neighborhood, addressing problems with slope or architecture, or screening an adjacent land use. Fences required for compliance with a permit granted by an agency for structures such as retention ponds are exempt from height restrictions. The administrative official may grant a waiver for fence height in a “functional” side-yard from 4 feet up to 6 feet in height. TABLE 23-524
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(Ord. No. 2007-33, § 9, 9-4-07; Ord. No. 2008-45, § 20, 12-16-08; Ord. No. 2015-04 , § 12, 7-7-15; Ord. No. 2016-01, § 7, 01-19-16;Ord. No. 2016-21, § 5, 12-06-16) |
| § 23-525. Satellite dishes or antennas. |
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Latest version.
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Satellite dishes or antennas shall be subject to the following restrictions. The administrative official may waive any of the restrictions below in cases where it is determined that compliance with the restriction interferes with the receipt of signals. a. The dish of the satellite antenna shall be neutral in color and compatible with the appearance of the neighborhood. b. No satellite antenna shall be mounted on the roof of any single-family or two-family structure. c. A satellite antenna may be mounted on the roof of a multi-family structure; however, all roof-mounted satellite antennas shall be located on the rear one-third (1/3) of the structure. d. No satellite antenna accessory to a single-family or two-family structure shall exceed fifteen (15) feet in height, measured from the highest point of the antenna when positioned for operation to the ground. e. All ground-mounted satellite antennas shall be screened from view by a six-foot high wood or masonry fence or plants, being eighty (80) percent opaque when viewed between two (2) and six (6) feet above grade. f. All satellite antennas for multi-family structures adjacent to single-family structures shall require a special exception use permit unless the satellite antenna complies with the single-family residential requirements. g. No satellite antenna shall be used for a sign. |
| § 23-526. Signs. |
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Latest version.
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This section establishes regulations for signs on residential properties in Lake Wales. Intent of sign regulations. These regulations are designed to protect and promote the public health, safety, and welfare by controlling the type, number, location, and physical dimensions of signs, to prevent the disruptions, obstructions, and hazards to vehicular and pedestrian traffic that signs may cause, and to enhance the quality of the environment in residential districts. More specifically, it is the purpose of this section to: a. Implement the comprehensive plan and planning policies of the city. b. Provide liberally for the free expression of ideas through signs in the city. c. Encourage the effective use of signs as a means of communication. d. Balance the desire and need of individuals to express their creativity in signs with the desire to maintain a pleasing visual environment for residents and visitors. e. Protect and enhance the value of properties and to have signage appropriate to the planned character and development of each area in the city. f. Balance the need for information for motorists and pedestrians with the need for traffic safety by limiting signs or characteristics of signs that may be particularly distracting to drivers. g. Provide clear and objective sign standards. h. Provide a clear and efficient review procedure for sign applications. i. Enable fair and consistent enforcement of the regulations set forth in this section. Sec. 23-526.1 Applicability. Placement of a sign anywhere in Lake Wales shall require permit. For the purposes of sign regulation, a "permit" shall mean "verification of zoning compliance" under section 23-212 unless the type of sign is specifically exempted from the requirement for a permit under section 23-526.2. To "place" a sign shall mean construct, paint, install, erect, post, sculpt, project, or otherwise display. Placement of a sign may also require a building permit. A sign is defined in section 23-802. See also definition of "commercial message" under definition of "sign." The following are not considered signs for the purposes of regulation under this section: a. Decorations or displays of non-commercial nature. b. Cornerstones, foundation stones and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material. A permit is not required for a change in the message on an existing sign provided that the new message is not a commercial message where only a non-commercial message is allowed and provided there is no change in the structural components of the sign. All applications must include a survey or scale drawing of the proposed sign with dimensions, including lettering size, and a clear diagram showing placement of the sign on the property and/or building. Sec. 23-526.2. Prohibitions and permit exemptions. a. Prohibitions. The following signs and those prohibited under section 23-545.5 are prohibited on residential properties: 1. Signs with commercial messages except as specifically allowed under section 23-526.3. See section 23-802 for definition of "commercial message." 2. Lighted signs except as specifically allowed under section 23-526.3. 3. No sign, except those placed by an authorized governmental agency, shall be placed in or project into the public right-of-way or public parks or other public property. 4. No sign shall be placed on a roof or above the roof line of a building. 5. No sign shall interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, traffic marking or obstruct the sight distance of motorists or pedestrians. 6. No sign shall be painted on or attached to a tree or utility pole. 7. All signs not specifically allowed are prohibited. b. Exemptions from permit requirement. The following signs or sign elements are exempt from the requirement for a permit and do not count against the sign allowance for a property: 1. Any sign installed in a building or enclosed space and not legible from the public right-of-way or from private or public property other than the property on which it is located. 2. Any sign that is less than four (4) square feet in area and less than four (4) feet in height (if freestanding), that is not separately illuminated and that is not legible from the public right-of-way or from private or public property other than the property on which it is located. 3. Signs required by law or deemed by the administrative official as necessary for safety or warnings, including on-site traffic safety signs and street address numbers. 4. Temporary signs as allowed under section 23-526.3. 5. Signs painted on or attached (as a magnetic sign) to a vehicle which is used on a regular basis for transportation by the tenant of the property and which is legally parked. Sec. 23-526.3 Regulations for signs on residential properties. For the purposes of sign regulation, "commercial message" is defined as follows: Commercial message means a sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity or to an institution or other non-residential activity or use. For the purposes of sign regulation, the following are not considered commercial activities: proposed sale, rental or lease of the real estate where the message is displayed; the incidental and occasional sale of personal property on site; residential yard sales held in compliance with the provisions of this chapter; and construction/renovation on site. a. Single- and two-family properties. Signs displaying commercial messages are not permitted on single-family or two-family properties except as specifically provided below. 1. Signs with non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. Permits are not required for temporary signs with non-commercial messages on single-and two-family properties subject to the following restrictions: A. No more than four (4) signs are displayed at any time. B. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device. C. No sign exceeds four (4) square feet in area or five (5) feet in height. D. No sign is displayed in the public right-of-way. E. Signs pertaining to an event shall be removed within seven (7) days of the close of the event. 2. Signs with commercial messages. A single-family unit or a unit in a two-family building may display a commercial message or a non-commercial message on one (1) permanent sign provided the unit has been approved for a primary commercial use, such as a day-care home or bed and breakfast establishment, as listed on table 23-421 "Permitted Uses and Special Exception Uses in Standard Zoning Districts." (Note: "home occupations" are accessory uses, not primary uses, and are not allowed to display a sign with a commercial message. See section 23-348, home occupations.) The following restrictions apply: A. The sign may be a wall sign or a ground sign and shall not exceed six (6) square feet in area or five (5) feet in height if freestanding. B. The sign may be lighted by a white spotlight. Internally lit signs are prohibited. C. A sign permit is required. b. Multi-family buildings and developments. Placement of a sign on a property with two (2) or more multi-family buildings shall be in compliance with a master signage plan. (See section 23-545.3 for requirements.) 1. Single building. A. One (1) wall or ground sign displaying a non-commercial message may be located at a multi-family building that is not part of a multi-family development, provided the wall sign does not exceed two (2) square feet per linear foot of building frontage on the side it is displayed and a ground sign does not exceed sixteen (16) square feet in area or six (6) feet in height. Landscaping shall be planted at the base of a ground-mounted sign; plant materials shall be sufficient to screen the sign's supports to a height of fifty (50) percent of the distance from the ground to the bottom of the sign within a period of two (2) years. B. Temporary signs for non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. Permits are not required for temporary signs with non-commercial messages at a multi-family building subject to the following restrictions: i. No more than four (4) signs are displayed at any time. ii. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device. iii. No sign exceeds four (4) square feet in area or five (5) feet in height. iv. No sign is displayed in the public right-of-way. v. No such sign shall be attached to a tree, hedge, street sign, light pole, or other appurtenance. vi. Signs pertaining to an event shall be removed within seven (7) days of the close of the event. 2. Multi-family complex or residential development. A. One (1) sign displaying a non-commercial message may be located at each street entrance to a residential development (single-family or duplex subdivision, planned development or multi-family complex). The sign may be a wall mounted or ground-mounted sign not exceeding thirty-two (32) square feet in area or ten (10) feet in height. Such a sign may be illuminated by a white spotlight. Internally lit signs are prohibited. Landscaping shall be planted at the base of a ground-mounted sign; plant materials shall be sufficient to screen the sign's supports to a height of fifty (50) percent of the distance from the ground to the bottom of the sign within a period of two (2) years. B. Temporary signs for non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. Permits are not required for temporary signs with non-commercial messages on multi-family properties subject to the following restrictions: i. No more than four (4) signs are displayed at a multi-family building any time. ii. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device. iii. No sign exceeds four (4) square feet in area or (5) feet in height. iv. No sign is displayed in the public right-of-way. v. Signs pertaining to an event shall be removed within seven (7) days of the close of the event. vi. No such sign shall be attached to a tree, hedge, street sign, light pole, or other appurtenance. c. Vacant residential property—Temporary signs with non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on vacant residential properties. No permit is required for a temporary sign meeting the requirements of this section. The sign may display a political, real estate, "no trespassing," public interest, and other miscellaneous non-commercial message. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. One (1) temporary sign displaying a non-commercial message may be placed on a vacant or developing residentially zoned property for each street frontage or each five hundred (500) feet of frontage, subject to the restrictions below. 1. The sign shall be non-illuminated, made of rigid materials, and securely anchored with posts, prongs, or other device. 2. For a single lot under an acre in size, the sign shall not exceed four (4) square feet in area and five (5) feet in height. 3. For a development with multiple lots or a parcel exceeding one (1) acre in size, the sign shall not exceed thirty-two (32) square feet in area or ten (10) feet in height. Sec. 23-526.4. Maintenance, non-conforming, and enforcement. The following provisions for signs on non-residential properties shall apply also to signs on residential properties: Sec. 23-545.8. Maintenance of signs. Sec. 23-545.9. Non-conforming signs. Sec. 23-545.10. Enforcement. Sec. 23.526.5. Severability. If any clause, section or provision of the sign regulations for residential properties (section 23-526) shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said section shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. |
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(Ord. No. 2005-47, § 3, 10-18-2005; Ord. No. 2006-24, § 16, 6-6-2006; Ord. No. 2007-02, § 19, 3-6-2007; Ord. No. 2007-33, § 10, 9-4-2007; Ord. No. 2013-05, § 4, 6-18-13) |
| § 23-527. Swimming pools. |
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Latest version.
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a. Definitions. 1. Swimming pool, public. A watertight structure of concrete, masonry, fiberglass, stainless steel or plastic which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply. 2. Swimming pool, private. Any structure located in a residential area, that is intended for swimming or recreational bathing and contains water over twenty-four (24) inches deep including but not limited to in-ground, above-ground and on-ground swimming pools, hot tubs and non-portable spas. b. Plans. Plans for family pools shall meet the submittal specifications of the standard swimming code adopted by the city and shall be submitted to and approved by the building official in accordance with sections 7-151 and 7-152 of the Lake Wales Code of Ordinances. c. Location and setbacks. A pool is permitted in a front yard provided the front yard setback for a principal structure is met. Pools in front yards shall be screened. The edge of the pool proper (not including deck unless elevated) and the enclosure must meet the five-foot setback requirement from any side or rear lot line. d. Enclosure. 1. Every swimming pool constructed within the city limits shall be completely surrounded by a fence or wall not less than four (4) feet in height. Exempt from the requirement for enclosure are: A. Any pool constructed above ground where the edge of a pool is four (4) feet above ground and having a removable ladder or, for an elevated pool deck four (4) feet above ground, having a self-latching gate equipped with a release device no less than fifty-four (54) inches from the bottom of the gate. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere. B. Any pool constructed on private property where the individual homeowner has property consisting of twenty (20) acres or more with only one (1) dwelling thereon. 2. All pools required to be enclosed shall be provided with barriers. Such barriers shall not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier. Openings in any barrier shall not allow passage of a four-inch diameter sphere. 3. All pool enclosures having a gate or door which does not lead directly into an adjacent building shall be self-closing and equipped with a self-latching devices fitted at the minimum height of fifty-four (54) inches to keep the gate or door securely closed at all times when not in actual use. 4. During construction, the contractor or owner shall install and maintain a temporary fence or enclosure meeting the height and latching requirements of the above paragraphs. e. Connection to sanitary or storm sewer system. No person shall connect, or cause to be connected, any swimming pool to the sanitary system of the City of Lake Wales; no person shall cause or allow contents of any swimming pool to drain into said sanitary or storm system. f. Conformance to standard swimming code. No person shall construct or cause to be constructed any swimming pool which is not in conformance with provisions of the standard swimming pool code adopted by the City of Lake Wales as its official swimming code (see sections 7-151 and 7-152). g. Prevention of nuisance. Swimming pools which are not sufficiently maintained so as to prevent a hazard to the public health, safety and welfare in the nature of allowing growth of algae, bacteria and breeding of mosquitos and other pest are hereby prohibited. h. Enforcement. Any person violating the requirements of this subsection shall be subject to code enforcement procedures and penalties in accordance with Chapter 12, Lake Wales Code of Ordinances. |
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(Ord. No. 2008-45, § 21, 12-16-08) |