MEXICOBEACH  CITY COUNCIL REGULAR MEETING TUESDAYJULY 9, 2024. AT 9:00 A.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff  Councilman, Jerry Smith Councilwoman, Linda Hamilton Tim Sloan, City Attorney ly@mexicobeachl.gov  Councilman, Jason Adams Councilman, Linderman Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting willl be live streamed on the City of Mexico Beach Government Facebook page. Ifyou have any questions or comments on the agenda, please email them up to 2 hours prior to the meeting at  I.  CALLTOORDER II. INVOCATION II. PLEDGE OF ALLEGIANCE IV. ROLLCALL V. CONSENT AGENDA  1. Minutes- J June 25, 2024  VI. EMPLOYEE OF THE MONTH VII. PLANNING AND ZONING  1. Quasi-Judicial Hearing of Variance Request Proposal - 3114 Hwy 98- Allara Mills  Gutcher  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny    VIII. ORDINANCES  1. Ordinance 837 - Amend Language to Accessory Structures and Accessory Uses AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE LAND DEVELOPMENMT CODE TO MODIFY SECTION 2.02.02, 2.04,00 AND 2.05.00 TO AMEND LANGUAGE PERTAINING TO ACCESSORY STRUCTURES AND ACCESSORY USES; PROVIDING FOR CODIFACTION; PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING  (Second Reading). Allara Mills Gutcher  FOR ANI EFFECTIVE DATE.  a. Motion to Read Ordinance 837 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny  2. Ordinance 838 - Proposed Amendment for Sign Section of LDC - Political Signs - (First Reading) City Administrator AN ORDINANCE OF THE CITY OF MEXICO BEACH AMENDING ORDINANCE NO. 568 AND SECTION 5.03.05(H) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO PERMISSIBLE TEMPORARY SIGNS" PARTICULARLY CONCERNING "POLITICAL SIGNS"; PROVIDING FOR SEVERABILITY; PROVIDING A MECHANISM FOR THE CORRECTION OF SCRIVENER'S ERRORS; PROVIDING FOR THE LIBERAL CONSTRUCTION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR SECTIONS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVEDATE.  a. Motion to Read ordinance 838 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion  IX. REGULAR AGENDA  1. Dredge Auction Bids - City Administrator  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny  2. CPI and UCF Grants Councilman Linderman 3. Monthly Financial Report - City Administrator    X.  CITIZEN COMMENTS  1. Speaker must come to thej podium and state name and city ofresidence  2. Comments are limited to 3: minutes  XI. MAYOR COMMENTS XII. COUNCILCOMMENTS XIII. STAFF COMMENTS 1. City Attorney 2. City Administrator XIV. UPCOMING MEETINGS  1. July 11,2024 at 9:00a.m. - First Budget Workshop 2. July 23,2024 at 6:00j p.m. - City Council Meeting 3. July 30, 2024 at 6:00 p.m. - Second Budget Workshop  XV. ADJOURNMENT  Emailed toi interested parties and posted on the city website on: 07/03/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachflgoy This meeting will be recorded on the website*You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring as special accommodation at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida: 32456; or by phone (850) 648-5700: at least five calendar days prior to the meeting. If you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 1-800-955-  8770(TDD    City of Mexico Beach Meeting Minutes TUESDAY JUNE 25, 2024-6:00PM  The City of Mexico Beach City Council meti ina ar regular meeting on Tuesday June 25, 2024, at 6:00 pm at the Public Works Buildingi in Mexico Beach. Mayor Wolff and thei following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney  Tim Sloan.  Call to order: Mayor Wolff called the meeting to order at 6:00 pm.  II.  Consent Agenda: Meeting minutes from the May 14, 2024, and. June 28, 2024, meetings were brought to  the table. Consent agenda was approved unanimously.  III. Regular Business:  1. Ordinance 837 (Second Reading) Amending the Land Development Code pertaining to accessory uses and structures was brought to the table. Allara with tpc, explained the proposed changes to the LDC and was available for questions. Discussion at the table included leaving the setback where they are now, P&Z recommendations, enclosing structures, lot size and reason for these changes. Open public comment: at 6:04 pm. Lisa Logan stated the setbacks need to stay the same and asked if you cannot encroach the setback with stairs or elevator shaft why would we allow that with an accessory: structure. Cindy. Jolly said elevator shafts should be an exception to the setback because ofr need for the elderly. Public comment closed at 6:06 pm. Mr. Linderman motioned, and Mrs. Hamilton seconded to table the: second reading of Ordinance 837 until the. July 9, 2024, meeting to allow for recommended changes. Motion passed unanimously 2. Resolution 24-03 Statewide Mutual Aid Agreement was brought to the table. Chief Walker explained Statewide Mutual Aid Agreements are now being required for each municipality instead ofa county wide agreement. Open public comment at 6:38 pm. No public comments were made. Public comment closed at 6:38 pm. Mrs. Hamilton motioned, and Mr. Linderman seconded to read Resolution 24-03. Motion passed unanimously. Mr. Adams motioned, and Mrs. Hamilton seconded to approve Resolution 24-03 as corrected. 3. Consideration to award the Marine Debris Removal RFP. Mr. Hubbard explained that Kaiser Kane scored the highest on the RFP score sheets. He also stated the bids received were above the amount FEMA has obligated so1 the scope of work may change if FEMA does not increase the amount of funds available. Open public comment at 6:47 pm. No public comments were made. Public comment closed at 6:47 pm. Mr. Adams motioned, and Mrs. Hamilton seconded to approve the award for Marine Debris Removal to Kaiser Kane not to exceed the FEMA reimbursement amount. Motion passed unanimously. 4. Consideration to award the Disaster Debris Monitoring RFP. Mr. Hubbard explained that Eisman & Russo scored the highest on the RFP: score sheets. Mrs. Hamilton expressed concern over Eisman & Russo having the highest score but were also the most expensive. Open public comment at 6:47 pm. No public comments were made. Public comment closed at 6:47 pm. Mr. Adams motioned, and Mr. Linderman seconded to approve the award for Disaster Debris Monitoring to Eisman & Russo after contract review. Motion passed  Motion passed unanimously.  with a4-1vote. No vote was Mrs. Hamilton.    City of Mexico Beach Meeting Minutes TUESDAY. JUNE 25, 2024-6:00PM  III. Regular Business Continued:  5. Setting date and time ofi first Budget Workshop was brought to the table. Mr. Hubbard explained he would like to have 2 budget workshops in. July and wanted input from council on scheduling dates. Consensus was 6. Project list update was brought to the table. Mr. Hubbard explained updates to various projects in the city. Highlights included funding for the jetties should be available any day and FEMA has made the re-location of  July11,2024, at 9am and. July 30, 2024, at 6pm.  the Police/Fire Municipal Building their priority.  IV. Citizens Comments.:  Denny Hughes asked for council to consider putting into the FY2 24/25 budget money for wind slats for the fence around the pickleball courts, new lighting, new nets and benches for seating around the courts. Mayor Wolff asked if anyone else had received complaints about all thei fisherman on the beach and ifso was that something that needed addressing. He asked that everyone value the time oft the City Administrator, City Clerk and city staff during audit time. He also reminded everyone that trash pickup times  V.  Mayor Comments:  have changed.  VI. Council Comments:  Mrs. Hamilton raised concern about neglected properties. She stated she is officially asking for legal action to bet taken against property owners that continue to not be in compliance. Consensus was at the next meeting to go over the list of properties Code Enforcement has and determine which ones to turn over to the Special Master. Mr. Linderman asked ift the washouts around the walkways could be filled in. He handed out a copy of Ordinance 546 to councilmembers for them to look at. He said he would like to offer at tax break similar to this for homesteaded low-income elderly citizens. Mr. Smith thanked everyone for help parking trucks and trailers at the boat ramp over the weekend. He said the Gollywhopper Fishing  Tournament was a huge success.  VII. Staff Comments:  City Administrator - Mr. Hubbard stated the 2022. Audit is finished and has been turned into the State. There were 71 findings, which were the same finding as we have had over the past several years and they are due to our small staff size. The. JLAC Audit is coming to a close. Hei informed everyone that the. JLAC Audit is an operational audit, and he expects there to be several findings due to policy and procedures not being in writing. The group that has requested a variance for 3114 Hwy 98 would like to have an informational workshop for the public on. July 2, 2024, at 9:00 am. Mr. Adams motioned, and Mr. Smith seconded to approve the Public Workshop on July 2, 2024 at 9:00 am. Motion passed unanimously. City Attorney- = Mr. Sloan went over the 3-part process for the Farmdale annexation and land use change including public notices and meeting dates for Ordinances and the Development Agreement.    City of Mexico Beach Meeting Minutes TUESDAY. JUNE 25, 2024-6:00PM  XI.  Adjournment: Mr. Smith motioned to adjourn the meeting at 7:33 pm.  By:  Attest:  Mayor, Richard Wolff  City Clerk, Tammy Brunson    MEXICOBEACH  PLANNING AND ZONING Agenda Abstract Form Meeting Date: July8,2024 Department: Planning Public Hearing: R Yes LJ No Date of Public Hearing: July 8, 2024  For Clerk's Use Only AGENDAI ITEM#  Consent Regular Closed Agenda Agenda Session  RESENIERINFORMATON CONTACT: ITEM TO BE CONSIDERED Subject: 000-000. Attachment(s): Brief Summary: zoning regulations. Action Requested:  Four setback variances: one from the front (south), one from the rear (north), and one from each western corner of3114HWY 98; and a variance to exceed the maximum impervious surface limitation. The parcel ID is 04523-  Staff report, applicant submitted information including the application and supporting documents.  The applicant is the agent of the property owner. The property owner recently purchased the land addressed as 3114 HWY 98, Mexico Beach. The applicant is requesting setback and impervious surface variances from the associated  The applicant requests the approval of all variances included on the application. This includes thet front and rear setbacks, the corner setbacks, and the maximum impervious surface from a maximum of 90% to 100%. The: side setbacks do not need a variance, as the City does not list side setback requirements unless the property is adjacent to  residential uses. ISSUE OVERVIEW Background Information & Issue Summary: Please see the staff report. Financial Impacts: None  Staff ecommendatonsCommens Please see staff report for specific recommendations.    TPC the planning collaborative Memorandum for Record  June 21, 2024  To: From: Through: Subject:  Chris Hubbard, City Administrator Cody Tillman Allara Mills-Gutcher, AICP 3114 US HWY 98 Variance Application  Variance Application Description  The applicant submitted a variance request for parcel 04523-000-000 which is addressed as 3114 US Highway 98, in order to develop within the setbacks oft the parcel, and to exceed the maximum impervious surface ratio. Specifically, the applicant requests to develop 8.8' into the 12' corner setback on the west side of the parcel (resulting with a 3.2' setback), 8.5' into the 12' corner setback on the southwest side of the parcel (resulting with a 4.5' setback), 8.7' into the 10' rear setback on the north side (resulting witha a 1.3' setback), and 2.3' into the 12' front setback on the south side (resulting with a 9.7 setback). In addition, the applicant requests ani impervious surface variance of 100% where the maximum percentage of impervious cover on a general commercial lot is 90% in the Land Development Code. The Comprehensive Plan requires a 90% maximum lot coverage as determined by dividing total impervious This parcel was recently used as al lumber lay down yard, andi is located adjacent and to the west of Mango  area by the gross area of the site (Policy1.1.4.F4).  Marley's. Current setback requirements and the applicant's requests are:  Setback Front (south) Rear (north)  Requested 9.7feet 1.3 feet 3.2 feet (west side) have requested an easement with adjacent owner (east side) 4.5feet 3.2 feet  Required 12 feet 10f feet Oif there is an otherwise not specified unless abutting residential property 12 feet 12 feet  The applicant noted they attachment easement;  Side  Corner (southwest)* Corner (northwest)*  *Please note: although a setback variance may be granted for the corners, the site distance triangle is a safety regulation andi isr not ar regulation that can receive a variance. This site distance requirement has not been evaluated for thep purpose of granting this variance. This willl be analyzed by the engineer at thet time of the development order  application.  Page 1 of4    Analysis  Section 7.04.02 D of the Mexico Beach Land Development Code outlines the standards of review for all variance application submittals. These include the following standards, and are addressed accordingly: 1. Special conditions or physical circumstances exist which are particular to the land and which are not applicable to other land subject to the same regulations or policies such as the parcel size, shape, or topography of the land. For example, the variance is necessary to protect against According to the variance request letter submitted by the applicant, the variance requests are a result of City roadway and sidewalk encroaching approximately 1,628.13 square feet onto the applicant's parcel.  wetland infill or protected trees from impact or removal.  Thus, a physical circumstance exists particular to the applicant's parcel.  This requirement is met.  2. The special conditions and circumstances that exist do not result from the actions of the property owner or applicant or are a self-imposed hardship, nor could the condition or circumstances be corrected or avoided by the property owner or applicant. As such, the issuance oft the variance: shall not confer on the petitioner the grant of faspecial privilege. For example, aA property owner cannot be issued a setback variance on a property that can reasonably contain a house with a smaller The special conditions are the result of city encroachment onto the applicant's parcel and cannot be corrected or avoided by the applicant. Although the applicant requests a 100% impervious surface coverage, 12.62% of thei impervious surface is ar result of the existing city roadway and sidewalk. To clarify, these city paved areas were not indicated as pervious surface on the information received.  footprint.  This requirement is met.  3. The relief granted is the minimum degree of relief necessary to make possible the reasonable use Because the Comprehensive Plan Policy 1.1.4.F restricts the maximum impervious coverage to 90%, a variance of the impervious surface greater than 90% cannot be granted. Variances can only be granted to The setback requests could be reduced to reduce the size of the building. However, the City's This requirement is partly met. Thei impervious surface coverage is noty variable since iti isa Comprehensive  of the land in compliance with all other applicable regulations.  Land Development Regulations.  encroachment provides this request to be reasonable.  Plan policy.  Page 2 of4    4. Literali interpretation of the provisions oft this Code would deprive the applicant ofr rights commonly enjoyed by other properties that are subject to the same regulations or policies or would render  the enforcement of this Code impractical.  Due to the hardship placed on the site as a result of City action, this requirement is met.  5. The grant of the relief will not bei in derogation of the general intent and purpose of this Code nor This development is generally in line with the goals, objectives, and policies of the Comprehensive Plan, with exception to the impervious surface variance request. The General Commercial Future Land Use This requirement is met and consistent with the general intent and purpose of the Mexico Beach LDC and with the goals, objectives, and policies of the Comprehensive Plan regarding the setback requests.  the goals, objectives, or policies oft the Comprehensive Plan.  category requires a 90% maximum lot coverage.  6. The issuance of the variance will not create an inconsistency from the existing character of the area surrounding the site. For the purpose of this measure, surrounding site" shall mean those parcels which are within a five-hundred-foot radius of the subject parcel, or within the same The development within the area is generally non-residential in nature, with exception to that development west of the site across N. 32nd Street, which is within 500, and although is residential in nature lies on property classified as General Commercial. The existing character oft this site isa centralized  platteds subdivision, as applicable  location within Mexico Beach of non-residential uses.  This requirement is met. Recommendation:  Ar recommendation: of denial to a greater percentage of 90% impervious surface oft the parcel due to the Arecommendation of approval fors setbacks on the front, rear, and southwestern corner to be asi indicated:  requirement of Comprehensive Plan Policy 1.1.4.F, and;  Front setback (south) to 9.7 feet. Rear setback (north) to 1.31 feet. Corner setback (southwest) to 4.51 feet. Corner setback (northwest) to 3.21 feet.  No side setback variances are required. The LDC lists a O-foot setback for sides unless abutting residential  areas.  Page 3 of4    Provide clarification to the applicant as part oft the motion that this variance does not include any waiver to the site distance triangle, movement of the fire hydrant, stormwater provisions, or any other components indicated on the conceptual site plans which will be evaluated at the time the development The issuance of any variance from the requirements of the Land Development Regulations does not  order is applied for.  authorize a variance from any policy of the Comprehensive Plan.  Page 4 of4    MEXICOBEACH  L:OKIDA  VARIANCE REQUEST INFORMATION  Av variance request requires that the following information be supplied:  1. Al legible copy of the survey.  2. Al legible site plan showing all structures, additions, pools and driveways upon the property. Each item shall show measured distances from the property line or to a nearby structure shown on the plan then to a property line. The plan shall include any roads  adjoining or easements that affect the property. 3. The plan shall show the existing setback lines.  4. The plans shall show the item or area that will encroach into the restricted: setback area 5.A AC City of Mexico Beach "Variance Letter of Request" shall be submitted that clearly 6. The City Code of Ordinances dictates a Development Order Fee schedule and states the Variance requests shall require a charge of $300.00 (Three Hundred Dollars). The Code also states, "the owner is responsible for the cost of Certified Return Receipt Mail for the 7. The Code further states that these fees are payable upon submission and are non-  and how far. This shall be clearly and legibly shown.  explains what is requested.  adjoining property owner notifications".  refundable.    VARIANCE REQUEST LETTER  Owners Name (PRINT) The Mexico Beach Patio, LLC/ /Zach Childs  Owners Full Time Address 101 S 33rd Street Owners Phonel Number 850-819-0833 Owners E-mail Address zachchids@gmal.com Address of Variance 3114 Hwy 98  City Mexico Beach  State FL Cell  Zip 32410  IHEREBY REQUEST THAT CONSIDERATION OF A VARIANCE BE GIVEN FOR THE ADDRESS  ABOVE. I REQUIRE 9.7 FEET ON THE FRONT. 3.2 FEET ON THE LEFT SIDE.  1.3  FEET ON THE REAR.  N/A FEET ON THE RIGHT SIDE.  IAM REQUESTING THIS VARIANCE FOR THE FOLLOWING REASON:  On the west side we are requesting 8.8' into the 12' setback on the north west corner and 7.5' On the north side we are requesting 8.7' into the 10' setback (1.3' Resulting Setback)  on the southwest corner.  On the southside we are requesting: 23-imtotne12'setbatckjustforthnesouthreastcomner of the building Also requested is a variance to allow a total of 92.75%. This is asa result of the Clty roadway and sidewalks encroaching onto the subject property/1,62813SF). encompassing 12.62% of the requested 92.75% impervious area percentage. Without this City encroachment, the proposed development would  East Side N/A - Just a required. Agreement with the adjacent owner.  only include 80.13%, much less than the allowable 90%.  VARIANCE REQUEST OTHER  See the above regarding City roadway/ sidewalk encroachment on subject parcel.  All required plans must accompany this request.  Owners Signature_  Date_  6/20l24  YA  City of Mexico Beach Variance    Date Received  CITY OF MEXICO BEACH PLANNING AND ZONING APPLICATION SUPPORTING INFORMATION  (Please type or print clearly)  A. OWNER & CONTACT OR AGENT Owner's Name & Address  The Mexico Beach Patio, LLC/Zach Childs  101 S. 33rd Street Mexico Beach, FL 32410 S.Lance Watson, P.E. 115A Sailors Cove Drive Port St. Joe -32456  Project Contact or Agent's Name & Address (if different from owner) Telephone B. SITE INFORMATION Project Location Appraiser's Parcel Number Land Use Designation Zoning District Property Size Current Property Use FIRM Zone & Panel No. Wetlands Aquifer Recharge Coastal Area Wildlife Habitat Surrounding Land Uses  3114 Hwy 98 04523-000-000 General Commercial  (acres).  (square feet) 10,053.67 sq feet  North: General Commercial South: General Commercial East: General Commercial West: GeneralCommercial  Fee Paid omomrgnon.cmomng UTILITIES Source of Water Sewage Disposal Electricity Provider  X  (YES)  (NO)  City of Mexico Beach City of Mexico Beach City of Mexico Beach  City of Mexico Beach Variance    D. Iffor a variance, a variance is a modification of Code regulations due to conditions peculiar to the property involved and not the result of actions of the applicant. Provide a detailed description of the modification of regulations that is/are proposed; including specific Code Sections.  E. STANDARDS OF REVIEW - In accordance with the Land Development Regulations, the following criteria are used to reviewal Variance application. 1. The variance shall not authorize changes to the Comprehensive Plan Future Land Use Map, the Official Zoning Map, or the densities and 2. The applicant must clearly demonstrate and show that the hardship is unique to the applicant and the applicant's property, and is not suffered by adjacent or adjacent or nearby property owners or the 3. The hardship relates to the land involved rather than the applicant's 4. The hardship is not the result of the applicant's own actions. 5. The variance, if approved, is the minimum necessary to provide reasonable, beneficial use of the property involved. 6. The variance is specifically intended and necessary to promote other important City objectives or policies. F. If determined to be necessary, attach one copy of the deed and a signed and sealed boundary survey of the property.  allowable uses associated therewith.  general public. personal Circumstances.  By signing this application, the owner hereby authorizes the Planning and Zoning Board to access the subject property to verify information contained in this application and  accompanying submittal documents. a  62okr Date  Owner's  applicant's signature  City of Mexico Beach Variance    (000- 000-EZSVo: a 7308Vd AINNOD AVB) OIVZE vaions B6 AVMHSIH PLIE dIHSH3NIBVC NVId 3LIS 3ONVIBVA  001x3W ATIWVS N3ana  SNOISIA3H  229  geNva. MAiOg duss  VA INEE    (000- 000 EzSvo o" 73D8Vd AINNOS AVB) OIDZE vaIsons HOV3B 00Ix3W 86 AVMHSIH dIHSH3NIBVC 031IWI7 ATIWV3 N3ana 379NVIBL ALITIBISIA 3115  L  S /  O3IVa. MAIOS  MAMEEET  GNEF    D  op0    BEACH  201 Paradise Path Mexico Beach, Florida 32456 PHONE: 850-648-5700 FAX: 850-247-2702  201 Paradise Path Mexico Beach. FL. 32456 March 1.2024 ZachChilds 98 Real Estate 101 S. 33rd Street Mexico Beach. FL 32456  Re: Parcel ID) Number 04523-000-000  Mr. C'hilds.  At the February 27. 2024. meeting of the Mexico Beach City C'ouncil. the Councilmembers held the second reading and adoption of Ordinance 834. allowing construction on the previously undeveloped area (the originally platted parcels number 4 and 5) of the above referenced parcel. and permitting an increase to the square footage of any proposed structure from what existed In regards to the other two stated concerns for construction- any parking and stormwater requirements- the City Council acknowledges there currently exists sufficient parking for a 150 seat restaurant due to the subject parcel(s) being located in the Mexico Beach Shopping C'enter and. likewise. the property's stormwater falls under the existing FDEP stormwater permit for the IfI can be of any assistance regarding this issue. or any other matter. please don't hesitate to contact me at City Hall at (850) 648-5700 or you can call me direct on my cell phone at (850)  prior to Hurricane Michael.  shopping center.  247-7274. Respectfully. YcRd Chris Hubbard, City Administrator City of Mexico Beach  emcNicheachgavcom    MEXICOBEACH  O.R.:D.A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: July9,2024 Department: Public Hearing: X Yes D No Date of Public Hearing: July9,2024  Planning  Agenda Consent Agenda Regular Closed Session  PRESENIERINFORMATON CONTACT: Allara Mills-Gutcher  ITEM TO BE CONSIDERED Subject:  Second reading of an ordinance to adopt changes to the Land Development Code regarding the language  pertaining to accessory uses and structures in Sections 2.02.02, 2.04 and 2.05.  Attachment(s): adoption ordinance. Brief Summary:  Memo describing changes from previous draft ordinance; draft changes in strikethrough and underline;  This LDC amendment is presented in order to provide clarity and certainty within the Land Development Code regarding accessory uses and structures. Currently, the terms are used interchangeably and are confusing to  best implement the regulations.  Action Requested: Approval.  ISSUE OVERVIEW  Background Information & Issue Summary:  The Local Planning Agency (P&Z) first heard this item in December 2023. The item was tabled for additional time for review. It came to the P&Z again on April 1,2 2024 and was recommended for approval by unanimous vote, with changes. The Council heard this item on June 11 as at first reading, and on. June 25 as a second reading with comments to change some of the language. The item was moved to this meeting for final reading.    Financial Impacts: None  Staff ecommencalonsComments Staff recommends approval as presented.    TPC thep planning collaborative Memorandum for Record  June 27, 2024  To: From: Through:  Mexico Beach City Council Allara Mills-Gutcher, AICP Chris Hubbard, City Administrator  RE: Changes to Land Development Regulation Section: 2.04.00 as a result of the. June 25, 2024 City Council  meeting and direction.  This summary describes the changes made to draft Ordinance 837 as a result of the. June 25, 2024 City Council public hearing. This memo indicates the language as written coming into that meeting, and the language which is changed as a result of the direction the Council gave at that meeting.  Section 2.04.00 ACCESSORY STRUCTURES Section 2.04.01 General Standards and Requirements (Changes are shown in underline following)  B.A Accessory: structures shall not bel located within any easement, required setback, required buffer, landscape area, within the front yard of the principal structure, or within required parking areas.  Section 2.04.01.G. - Previously read: Nowreads:  3. Setbacks shall be at minimum: five (5) from the side and rear property lines.  3. The minimum side and rear setbacks for an accessory structure shall be that whichi is required for the primary structure in Section 2.02.02. Where a zero (0) foot side setback is indicated in said Section, the  minimum side setback shall be five (5) feet.  lara@theplanningcollaborative.com 1 850.319.9180  Page 1 of1    Exhibit" "A"  2.02.02 Zoning Districts A. Residential Low Density 1.District Intent  2.A Allowable Location allowed within the Residential Future Land Use Category. 5.P Prohibited Uses  This zoning district allows for single family residential at a The Residential Zoning District is  maximum density of6 6 dwelling units per acre and non- residential development as defined below.  3.1 Principal Uses  4. Uses Allowed With Council Approval a. Docks, piers, Waters.  6-Aeeessery-Uses  a. Residential single family b. Outdoor recreational uses, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, C. Water-related or water- dependent uses, including boat ramps and fishing docks and piers d. Similar outdoor: recreational uses, whether public or private. e. Educational facilities (public or f. Public buildings and grounds g. Pre-school and day care facilities (public or private) h. Churches i. Residential care facilities, J. Group homes k. Other similar institutional uses.  a. Mobile homes e-Allewed-Pele  wharves, and similar b. RV parks  barms,teelsheds; garages; greenhouses; and-het-tubs; gazebes,private faeilities-flennis; deghouses; bathheuses,and  including arboretums, hiking trails, structures in City  C. Landfills. d. Hazardous and handling centers. f. Pastures, and buildings which arean  waste collection sterage-sheds,peels e. Borrow pits. Feereational forestry, feed lots, basketball,ete-) accessory to these ethereustemary agricultural uses. uses-metrestrieted g. Junkyards and erprehbiedeither: salvage yards. h. Firing ranges nature-ef 1. Marinas j. Miniature golf b. Restrieted: courses k. Race tracks square-feet 1.N Medical marijuana treatment center etheruses: Impervious Surface Ratio 0.40  private)  speeifieally-erby perfermanee-belew. Playheuses-(100 maximum) e--Prehbied-Al  7 6.I Development Standards  Setbacks Side 7.5 feet  Max Height 32 feet  Front 201 feet B. Residential General 1.District Intent  Rear 101 feet 101 feet  Corner  2. Allowable Location  This zoning district allows for single family and multi-  The Residential General Zoning District  family residential at ai maximum density of6 dwelling units is allowed within thel Residential per acre and non-residential development as defined below. General Future Land Use Category.    3.F Principal Uses b. Multi-family trails, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, including boat ramps and fishing docks and e. Similar outdoor recreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) i. Churches Residential care facilities, k. Group homes 1. Other similar institutional uses.  4. Uses Allowed With Council Approval  5.1 Prohibited Uses 6-Aeeessery-Uses a. Mobile homes e-Allewed-Pele  a. Residential single family a. Condominiums including arboretums, hiking City Waters.  b. Docks, piers, wharves, b. RV parks  barms,teelsheds, garages; greenhouses; and-hottubs; gazebes,private faeilities-ftennis; degheuses; bathhouses;  C. Outdoor recreational uses, and similar structures in C. Landfills.  d. Hazardous and handling centers. f. Pastures, and buildings which are an  waste collection sterage-sheds,peels e. Borrow pits. Feereational forestry, feed lots, basketball,ete.) accessory to these persenal-serviee agricultural uses. busimesses-where g. Junkyards and the-serviee-is salvage yards. h. Firing ranges individual-te- Marinas J. Miniature golf ethereustemary courses k. Race tracks 1. Medical marijuana  piers  periemmeden-an individwal-basis-and uses-metrestrieted erprehibitedeither speeifieally-erby nature-of b.Restrieted: Playheuses-(100 squarefeet maximum) e-Prehibied-AH etheruses: Max Height 32feet  treatment center perfermanee-belew:  7 6.I Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.40  Front 201 feet  Rear 10f feet  Corner 10f feet  C.High Density Residential 1.[ District Intent  2.A Allowable Location Thel High Density Residential Zoning  This zoning district allows for single family and multi-  family residential at a maximum density of8 dwelling units District is allowed within the High per acre and non-residential development as defined below. Density Residential Future Land Use  Category.  3.P Principal Uses  4. Uses Allowed With 5.Prohibited Uses 6-Aceessery-Uises  Council Approval    a. Residential single family a. Condominiums C. Outdoor recreational uses, wharves, and similar  a. Mobile homes e--Allewed:-Pele  b. Multi-family trails, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, including boat ramps and fishing docks and piers e. Similar outdoor recreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) i. Churches J. Residential care facilities, k. Group homes 1. Other similar institutional uses.  b. Docks, piers,  b. RV: parks C. Landfills. waste collection and handling centers. e. Borrow pits. f. Pastures, and buildings which are an  barns,teelsheds;, garages; greenhouses; eragesheds,peels and-hot-tubs; gazebes,private Feereational faeilities-flennis; deghouses; bathheuses;  including arboretums, hiking structures in City Waters. d. Hazardous  forestry, feed lots, basketball,ete-), accessory to these persena-serviee agricultural uses. businesses-where g. Junkyards and the-serviee-is h. Firing ranges individual-te- j. Miniature golf ethereustemary  salvage yards. Marinas courses k. Race tracks 1. Medical marijuana treatment center  periemmed-en-an indvidwal-basis-end uses-metrestrieted erprehbied-either: speeifieally-erby nature-of periermanee-belew. b. Restrieted: Play-heuses-(100 square-eetmax. e-Prehibied-AH etheruses Max Height 32 feet  76 6.D Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.50  Front 20 feet D. Townhome District 1. District Intent  Rear 101 feet  Corner 101 feet  2. Allowable Location  This zoning district is created to specifically allow common The Townhome District is allowed single family attached and multi-family attached residential Future Land Use Category.  wall townhomes within the City. This district allows for dwelling units at a maximum density of8 dwelling units per  within thel High Density Residential  acre. 3.P Principal Uses attached b. Multi-family C. Residential care facilities, d. Group homes  4. Uses Allowed With Council Approval and similar structures in City Waters.  5.1 Prohibited Uses homes b. RV parks C. Landfills.  6-Aeeessery-Uses e-Allewedenlyif thempervieus SuFfaeeis-less-than the-maximum greenheuses-peels  a. Residential single family, a. Docks, piers, wharves, a. Mobile  d. Hazardous allewed:-Sheds; waste collection delachedgarages;    and handling centers. f. Pastures, forestry, feed lots, and to these agricultural uses. and salvage yards. h. Firing ranges i. Marinas j. Miniature golfcourses k. Race tracks 1. Medical marijuana treatment center Impervious Surface Ratio 0.85  and-het-tubs; azebes,degheses, serviee-businesses: wherethe-servieeis perfermeden-an HhereHstemary-ses met-restrieteder prehibited-either nature-of perfemmanee-belew, b-Prohibited-AH etheruses:  e. Borrow pits. BatAhuses-persemal buildings which individual-te- are an accessory Révidma-basis-and g. Junkyards speeifieally-erby  76 6.I Development Standards  Setbacks Side! Ofeet  Max Height 321 feet  Front 20 feet  Rear 101 feet  Corner 101 feet  For any parcel that shares a side boundary with aj parcel is not zoned Townhome District, that Townhome  District parcel must comply with a 7.5 foot side setback on that shared side boundary.  E. General Commercial 1.District Intent  2.Allowablel Location  This zoning district allows for single family residential at a The General Commercial Zoning District  maximum density of18 dwelling units per acre and commercial land uses as defined below.  isa allowed within the General Commercial Future Land Use Category. 5.P Prohibited Uses 6-Aeeessery-Uises  3.P Principal Uses  4. Uses Allowed With Council Approval    a. Community centers and fraternal lodges. b. Commercial or trade schools studios C. Department stores and other retail sales stores, such as shoe stores, clothing stores, pharmacies, florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales'service'repair). f. Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). g. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops). i. Restaurants including open air cafes. j. Shopping centers (but not regional malls or centers). 3.1 Principal Uses  a. Condominiums a. Landfills. b. Docks, piers, wharves, and similar waste collection Waters.  Restrieted: a-Areas-andsheds ferelutside-sterage shall-beenelesedby epaque-emeimgefat height: buléings-used-fer industrial-sterageef materials-shallbe eeated-mearerthan ene-hundred(109) preperty-line Prehibited: e-Alletheruses.  b. Hazardous and handling centers. d. Pastures, and buildings which are an  such as dance and martial arts structures in City  C. Borrow pits. eastsix--feetn forestry, feed lots, b.-Ne-aeeessery accessory to these hazardeus; agricultural uses. Reemdaty,ReNIeHS, e. Junkyards and erpernieious  salvage yards. f. Medical marijuana  treatment center feet-frem-any  4. Uses Allowed With Council Approval  5. Prohibited Uses 6-Aeeessery-Uises  k. Theaters and auditoriums. 1. Plant nurseries. m. Veterinary offices and animal hospital with outside kennels. n. Wholesale and retail businesses for storing and/or distributing 0. Mobile home parks, recreational vehicle, and travel trailer parks. p. Arcades, billiards/pool parlors, bowling alleys, indoor recreational centers, and gymnasiums/spas health clubs. q. Small taverns and bars. r. Residential Single Family  goods.    S. Multi-family private)  t. Educational facilities (public or u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, y. Residential care facilities, Z. Group homes aa. Other similar institutional uses. bb. Personal service businesses where the service is performed on an indivdua-o-individual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. cc. Professional offices dd. Medical offices or clinics 3.1 Principal Uses Government offices Financial institutions Temporary uses, as defined in Seetion-KXin this Code. 7.6. Development Standards  4.U Uses Allowed With 5.Prohibited Uses 6-Aceessery-Uises  Council Approval  Impervious Surface Ratio 0.90  Max Height  Setbacks  Front 12  Side Of feet fattachment feet easement isi inj place; 5 feet ifa abutting residential property  Rear 10f feet  Corner 12feet  48 feet  F.T Tourist Commercial 1.District Intent  2. Allowable Location isallowed within the Tourist Commercial Future Land Use Category.  This zoning district allows for single family residential at a The Tourist Commercial Zoning District  maximum density of18 dwelling units per acre and commercial land uses as defined below.  3.P Principal Uses a. Boutiques b. Souvenir shops d. Small hotels and small motels  4.Uses Allowed With 5.1 Prohibited Uses  6: Aeeessery Uses Restrieted: .Areas and-sheds foroutside  Council Approval a. Condominiums b. Docks, piers,  a. Mobile homes b. RV Parks C. Landfills.  C. Restaurants and open air cafes wharves, and similar    e. Marinas f. Single family dwellings g. Multi-family dwellings h. Gasoline sales and service i. Gasoline sales combined with small food marts n. Outdoor recreational uses, including arboretums, hiking trails, golfcourses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, 0. Water-related or water- dependent uses, including marinas, boat ramps, fishing docks and piers p. Similar outdoor recreational uses, whether public or private. q. Educational facilities (public or private) r. Public buildings and grounds S. Pre-school and day care facilities (public or private) t. Churches u. Cemeteries without funeral homes, V. Residential care facilities, W. Group homes  structures in City Waters.  d. Hazardous waste collection and handling be-enelesed centers. e. Borrow pits. f. Pastures, forestry, feed lots, and buildings feetin which are an accessory height. to these agricultural uses. b.Ne g. Junkyards and salvage yards. h. Firing ranges i. Miniature golf courses j. Race tracks treatment center  sterage-sha!l by-opaque feneingofat least-six-(6)  aeeessery buildings usedfer industrial sterage-ef hazardeus; nexious,eF pernieieus materials shall-be leeated nearerthan ene-hundred (100)feet frem-any property line: Prehibited: All-ether uses: Uses  k. Medical marijuana ineendiary,  3.3 Principal Uses  4. Uses Allowed With 5.E Prohibited 6.Aeeessery  Council Approval  Uses  X. Other similar institutional uses. y. Personal service businesses where the service is performed on an individual-to- individual basis. Z. Temporary uses, as defined in Section XX. 76. Development Standards  Setbacks Side  Impervious Max Height Surface Ratio 0.80  Front 12 feet  Rear 101 feet  Corner 12 feet  01 feet ifa attachment easement is in place; 5 feet ifabutting residential  32 feet  property  G. Public/Institutional 1.I District Intent uses.  2. Allowable Location Land Use Category.  This zoning district allows for public and institutional  The Public/Institutional Zoning District is allowed within the Public/Institutional Future    3.1 Principal Uses (public or private) grounds C. Pre-school and day care facilities (public or private) d. Churches e. Cemeteries without funeral homes, f. Residential care facilities, g. Group homes h. Other similar institutional uses.  4.Uses Allowed With Council Approval  5.1 Prohibited Uses a. Landfills. handling centers. C. Borrow pits. feed lots, and agricultural uses. e. Junkyards and salvage yards. f. Firing ranges g. Miniature golf courses h. Race tracks treatment center  6-Aeeessery-Uises Restrieted: fereutside-sterage shall-be-enelesedby epague-femeingefat height:  a. Educational facilities a. Condominiums  b. Docks, piers, wharves, b. Hazardous waste e-Areas-emd-sheds  b. Public buildings and and similar structures in City collection and  Waters.  d. Pastures, forestry, leastsix-)-feetn buildings which are b-Ne-aeeessery an accessory to these Duildings-used-fer  éstna-sterageef hazardeus; ReemdHaty-ReNIUS, erpernicious materials-shall-be leeated-mearerthan ene-hundred(109) property-line Prehibited: e-Alretheruses: Max Height 32 feet  i. Medical marijuana feet-frem-any  76. Development Standards  Setbacks Side Rear 7.5 feet 101 feet  Impervious Surface Ratio 0.90  Front 20: feet H. Recreation 1.D District Intent  Corner 20 feet  2. Allowable Location Category. 5.F Prohibited Uses  This zoning district is intended toj provide limited active The Recreation Zoning District is allowed  and passive recreation areas open to the public.  within the Recreation Future Land' Use  3. Principal Uses  4. Uses Allowed With Council Approval  6-Aeeessery-Uses    a. Areas for outdoor recreational activity such as picnicking, jogging, cycling, and hiking b. Arboretums C. Golfc courses d. Playgrounds Ball fields Outdoor ball courts Outdoor swimming pools h. Boat ramps Fishing docks and piers Marinas k. Similar outdoor recreational uses  a. Landfills. collection and handling centers. C. Borrow pits. feed lots, and agricultural uses. e. Junkyards and salvage yards. f. Firing ranges courses h. Race tracks i. Medical center  Restrieted: foreltside-sterage shall-be-enelesed by-epague-femeing feetin-height idstal-sterageet hazardeus; ineendiary, nexious,eF materials-shall-be leeatedmearer-than ene-hundred(109) preperty-line Prehibited: e-Alletheruses. Max Height 32 feet  b. Hazardous waste e-Areas-amésheds d. Pastures, forestry, efatleast-six-(6 buildings which are bNe-aeeessery an accessory to these buildings-used-fer  g. Miniature golf pernicious  marijuana treatment feet-frem-any  76. Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.80  Front 201 feet I Preservation 1.District Intent  Rear Corner 101 feet 201 feet  2. Allowable Location The Preservation Zoning District is allowed within the Preservation Future Land Use Category. Uses a. Landfills. b. Hazardous waste collection and handling centers. C. Borrow pits. d. Pastures, forestry, feed lots, and buildings which are an accessory to these  This zoning district isi intended toj protect and preserve natural resources and locally designated environmentally sensitive resources.  3.E Principal Uses  4. Uses Allowed With 5.P Prohibited 6  Council Approval  Aeeessery Uses  Passive recreational activities such as those relating to beach activities, beach re- nourishment, and dune crossover boardwalks.    agricultural uses. e. Junkyards and salvage yards. f. Firing ranges g. Marinas h. Miniature golfcourses 1. Race tracks j. Medical marijuana treatment center Impervious Surface Ratio 0.2  76. Development Standards  Setbacks Side None  Max Height None  Front None  Rear None  Corner None  Development within this district is restricted to that which is created to preserve, enhance, or mitigate previous development of natural hazard activities which have degraded the natural state. All City-owned  access to beach dunes and beach areas shall bej preserved without exception.  J. Tourist Mixed Use 1.I District Intent  2.A Allowable Location  This district provides for an integrated mix of resort uses that The Tourist Mixed Use Zoning are predominantly tourist-oriented and seasonal in nature; development will be designed to encourage connectivity among Mixed Use Future Land Use the uses and clustered to the extent practicable to provide open Category. space and to protect environmentally sensitive areas. This zoning district allows for single family residential and multi- family at a maximum density of2 dwelling units per acre and  District is allowed within the Tourist  commercial land uses as defined below.  3.1 Principal Uses a. Single family ancillary uses; C. Hotel, motel, and other Waters. temporary lodging units; d. Neighborhood and community-scale commercial; e. Beach clubs and other recreational uses; f. Public and private uses such as offices and services; g. Religious institutions; h. Marinas and water related facilities;  4.Uses Allowed With Council 5. Prohibited Uses 6-Aeeessery  Approval a. Condominiums similar structures in City  Uses Restrieted: .Areas-and shedsfer eutside-sterage enelesed-by epacue feneingefat  a. Mobile home b. Landfills. C. Hazardous waste collection and shall-be handling centers. d. Borrow pits. e. Pastures,  b. Multi-family, and any b. Docks, piers, wharves, and parks  forestry, feed lots, least-six-(6) and buildings which feetin-height are an accessory to b.Ne these agricultural uses. f. Junkyards and forindustrial salvage yards.  aceessery buildings-used sterageef    Infrastructure Entertainment facilities.  g. Medical center  hazardeus; nexious,eF pernicious materials-shall be-leeated nearerthan ene-hundred (100)feet from-any preperty-line Prehibited: Allether uses:  marijuana treatment ineendiary,  7.6. Development Standards  Setbacks Side  Impervious Surface Ratio 0.70  Max Height 48 feet  Front feet  Rear Corner feet  12 01 feet ifattachment easement isi in place; 5 feet 20 121 feet  ifabutting residential property  8. Development Restrictions oft the total land area.  A. Int the Tourist Mixed Use Zoning District at least three principal uses must be developed on the subject property, one of which is required to be ai residential use. No principal use shall be less than 10% B. Where practicable, native vegetation will be used for residential lots and common open spaces. Native vegetation to be used can be identified from Waterwise Florida Landscape as produced by C. Connection to central water and sanitary sewer: systems shall be required prior to any certificate of D. The Tourist Mixed Use Zoning District may bei implemented through the Planned Unit E. A property must be under single ownership or under unified control at the time the Tourist Mixed  Florida's water management districts. occupancy being issued.  Development process as defined in this Code.  Use category is assigned. 2.03.00- - RESERVED  2.04.00 ACCESSORY STRUCTURES issues to surrounding areas. Definitions Prineipal-siruelure  Iti is the purpose of this Article to regulate the installation, configuration, and use of accessory structures in order to ensure that they are not harmful itheraesthetieally-erphysieally to residents and cause safety  FRepmmepa-SRelreshabecemsFRRHCeRRedwelamgMeNal-use-leateden Principal Structure: the main building or other structure on a lot that is utilized for the property's principal  eletthatcemtaims-hepmmepa-use.  use. Prineipal Use  FheprinmayuseemalasalbwlyleamingPhsswa-lelek iseeated.    Accessory structure:  A structure ofa nature incidental and subordinate to the principal structure. Accessory structures shall be located on the same lot as the principal structure to which they are accessory. Unless-etherwise: previded, FomHhesmepremisew hagHaaalepe Aafae---piwemel  thereef, aseayhwNaie Aeeessery-use (Ord.711, passed 2-5-2019)  2.04.01 General Standards and Requirements  Any number of different accessory structures may be located on a parcel, provided that the following A. There shall be a permitted principal development structure on the parcel, located in full compliance with all standards and requirements oft this Code. No accessory structure shall be permitted until the B. Accessory structures shall not be located within any easement, required setback, required buffer, landscape area, ermnmum bdimgsebaekares: in the front yard of the principal structure, or within C.A Accessory structures shall bei includedi in all calculations ofi impervious surface and stormwater runoff. D. Accessory structures shall be shown on any concept development plan with full supporting  requirements are met:  principal structure is complete. A variance from this provision is not allowed.  required parking areas.  documentation of compliance with Articles II and III oft this Code.  E. Maximum size of accessory structures  1. The total square footage for all accessory structures on a lot shall not exceed seventy-tive pereen-(59e)llty (50) percent oft the square footage oft the primary structure. 2. Ac combination of square footage of both the primary structure and accessory structure may not exceed the allowable densities and intensities within each Zoning District as stated in F. Personal Vyehcles,-melading manufactured housing, and mobile homes; shall not be used as  Article II Section 2.02.02 ofthis Code.  accessory structures G. Standards  All accessory structures shall comply with the following standards:  1. Twelve(12) feet maximum height ins PIIs Residential Low Density (RLD), Residential General (RG). High Density Residential (HDR), and Townhome District (TD), twelve-and limited to the primary structure height limit for other zoning districts.412) einsmeiamine Distriets-ands siteetieleeter garagesearportsam beatsheds. Structures used as a detached garage or boat house in the RLD, RG. HDR, and TD districts may increase the accessory structure maximum height to sixteen (16) feet. 2. No noise, glare, odor, vibration, or fumes shall bej produced by or emitted from the accessory structure itself or due to activities performed within the accessory structure. 3. The minimum side and rear setbacks for an accessory structure shall be that which is required for the primary structure in Section 2.02.02. Where a zero (0) foot side setback is indicated in  said Section, the minimum side setback shall be five (5) feet.  Aaeeessery-seySERIHReRNSES-salsty-thereg.rememiset2.0-92eFthis-Cede:  I. All accessory structures shall comply with standards pertaining to the principal use, unless exempted  or superseded elsewhere int this Code. (Ord. 711, passed 2-5-2019)  2.04.02 Swimming Pools, Hot Tubs, and Similar Structures    A. Swimming pools shall be permitted only in side and rear yards and shall not encroach into any required B-B.J Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements ofthis poelsshal-becempleelyemeleses witha an appreved barrierasperthe Flerida building eede.-Pheemelosure py-mlep alleaaaww demsity-teprohibitunrestrained- edmittanee-te-the C.Ne-everhead- eleetrie pewer lines shall pass-ever anyi peel-unless- enelesed in-cenduit-and igidly-supperted, and shall cenferm tet the samdmdsoflheNatiena-Heatie-Cale Ne-pewer ineshalewreriwnha,ywytradge D.J Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from  building setback. Code.  emelesedare-hrougl HheiseefselFelesingandselflaiehing: deers  the foundation ofthel house, unless at trench wall is provided.  (Ord. 711, passed 2-5-2019) 2.04.03 Fences  A. All fences to be built shall comply with the Florida Building Code. The posts of each fence must be resistant to decay, corrosion, and termite infestation. The posts must also be pressure-treated for B. Fences or hedges may be located in all side and rear yard setback areas. No fence located in the side and rear yard setbacks shall exceed the height of six (6) feet. Hedges located in front yards shall not No fences shall be placed in front yards (the yard abutting a road or public right-of-way and defined by extending the line of the front wall oft the principal structure to the side property lines) except as D. The waterfront side of any property shall conform to the same fence type and placement standards as E. Ina areas where the property faces two (2) roadways or is located in any other area construed to bea corner lot, no fence or hedge exceeding two (2) feet shall bel located in the vision triangle, as required G. No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on H. Fences shall require permits subject to: standards that include but are not limited to fence design (type), height, material, and placement as specified by the Mexico Beach City Council and this Code. 1. A fence required for safety and protection of hazard by another public agency may not be subject to the height limitations above.. Approval to exceed maximum height standards may be given by the Planning and Zoning Board upon receipt ofs satisfactory evidence oft the need 2. Non-opaque decorative fences used strictly for landscape purposes and not exceeding three (3) feet in height may be placed in front yards (as defined above). A chain-link fence, for example, even if less than three (3) feet in height, does not constitute a decorative landscape  strength and endurance. exceed three (3) feet in height. provided in section 2.04.03.1.2. below. the front yard of any property.  by Article VI. the site. Exemptions  F. Any fence shall be placed with the finished side facing outward from the property.  toe exceed height standards.  fence.  J. Materials [Reserved] (Ord. 711, passed 2-5-2019) 2.05.00 ACCESSORYUSES    The purpose of this Section is to establish standards for accessory uses to ensure that they do not disrupt  otherwise allowable uses within the related zoning district.  Definitions use: Principal Use Accessory use  PimeiplSinselurethes minhwiingstaietswslraalatws is utilized for Hhepepertespinsipal Thej primary use or activity on a lot as allowed by the Zoning District within which the lot is located. A use Faaure-customarly and/or functionally incidental and clearly subordinate to the principal use on al lot or parcel.The activity occurring must be dependent upon the primary or principal use. unless the  accessory use is temporary in nature. 2.05.01 Generally lot or parcel as the principal use. where its located. A. Purpose  Accessory uses are permitted ins all districts. Unless otherwise provided. these uses are located on thes same Accessory uses shall not involve operations or structures not inj keeping with the character of the district  2.05.02 Home Occupations as an Accessory Use  Toj provide peace, quiet, and domestic tranquility within all residential neighborhoods within the City, and to guarantee to all residents freedom from excessive: noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas. Al home occupation shall be allowed as an accessory use in al bona fide dwelling unit subject to the requirements ofthis section. B. Noj person other than those persons residing on the premises shall be engaged in such occupation and such person must have a valid business license issued by the City ofN Mexico Beach. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use: for residential purposes by its occupants, and shall under no circumstances change the residential D. There shall be no change in the outside appearance of the building or premises, or other visible evidence ofthe conduct ofs such home occupation, other than one (1) sign not exceeding one (1)square foot in area, non-illuminated, mounted flat against the wall of the principal building at aj position not E. Not traffic shalll be generated by such occupation in greater volumes than would: normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front yard required pursuant to this Code. F. No equipment, tools, orj process shalll be used in such al home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in G. Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions oft this definition, and providing no retail  character of the structure.  more than two (2) feet from the main entrance of the residence.  line voltage off thej premises. sales are made at thel home.    H. Outdoor storage of materials shall not be permitted.  . The following shall not be considered home occupations, and shall be treated as commercial uses: band instrument instruction, studio for group instruction, public dining facility or tea room, antique or gift shops, outdoor repair, food processing, retail sales, nursery school; or kindergarten with greater J. At no time shall any home occupation generate the need for moret than two (2) parking spaces at once, K. Ati not time shall any home occupation become ai nuisance to neighboring properties through generation L. The giving of individual instruction to one (1) person at a time such as an art or piano teacher, shall be deemed an acceptable home occupation; individual instruction as a home occupation for those M. Day care shall be considered a home occupation when limited to five (5) children at any given time N. There shalll be no entrance or exit way specifically provided in the dwelling or on the premises for the O. The owner(s) and other individual(s) primarily responsible for the home occupation shall live within P. Deliveries from commercial suppliers may not be made more than once each week and the deliveries The lists of home occupations that are allowed or prohibited in this section are by no means comprehensive, but instead are intended to serve as examples of acceptable and unacceptable home R. Ahome occupation shall be subject to all applicable city/county occupational licensing requirements, S. Any violation the standards and requirements set forth in this section may result in the permanent termination of the home occupation or for a period to be determined by the Mexico Beach City  than five children.  ina addition to thet two (2) spaces required for a dwelling unit.  ofnoise, odor, fumes, vehicular traffic generation, eyesore, or any other manner.  activities listed inj paragraph I above shall bej prohibited. and subject to the provisions of paragraph K above. conduct of the home occupation thereon.  the dwelling unit where said home occupation is located. shall not restrict traffic circulation nor cause nuisances ofany kind.  occupations.  fees, and other business taxes.  Council.  1-7H-509    MEXICOBEACH ORDA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: July9,2024 Department: Public Hearing: Date of Public Hearing: July9,2024  Planning Yes R No  Agenda Consent Agenda Regular Closed Session  RESENERINFORMATON CONTACT: Chris Hubbard  ITEM TO BE CONSIDERED Subject.  Ordinance 838, Amending the "Political Signs" portion of the Land Development Code.  Attachment(s): Ordinance 838 Brief Summary:  This LDC amendment is presented in an attempt to place stricter regulations on "political signs" due to recent  violations and improve the appearance of the city during annual election cycles.  Action Requested: Approval. ISSUE OVERVIEW  Background Information & Issue Summary:  During the last election cycle (April 2024), numerous violations of the regulations regarding "political signs" occurred; the proposed regulations will further restrict political signs by limiting the number of signs per candidate/topic, where these signs can be placed, and how long they may be placed on a property.  Financial Impacts: None  Staff ecommercatonsCommens Staff recommends approval as presented.    ORDINANCENO.88  AN ORDINANCE OF THE CITY OF MEXICO BEACH AMENDING ORDINANCE NO. 568 AND SECTION 5.03.05(H) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO "PERMISSIBLE TEMPORARY SIGNS" PARTICULARLY CONCERNING "POLITICAL SIGNS"; PROVIDING FOR SEVERABILITY; PROVIDING A MECHANISM FOR THE CORRECTION OF SCRIVENER'S ERRORS; PROVIDING FOR THE LIBERAL CONSTRUCTION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR SECTIONS OF ORDINANCES IN CONFLICT  HEREWITH; AND PROVIDING AN EFFECTIVEDATE.  WHEREAS, the City Council has determined that iti is in the best interests oft the  people oft the City of! Mexico Beach that this Ordinance be enacted, therefore, BE: IT ORDAINED BY THE CITY COUNCIL OF MEXICO BEACH, FLORIDA:  Section 1. Article V, "Signs," Section 5.03.05 "Permissible Temporary Signs," specifically Subsection "H" oft the City of Mexico Beach Land Development Regulations dated April 13, 2010, is amended and  shall from this point forward read as follows:  H. Political Signs. Political Signs are defined as any sign that requires ap political disclaimer under Florida State Statute Chapter 106 and those signs supporting a political candidate, campaign, or legislative proposal/policy. Political Signs must meet the following standards.  (1). Placement. Signs shall be placed on private property only and with the permission of the property owner. The signs may be Placed-baek-e-baek,er ingle-nee,butmuliplesguseftiesamesamecmhaeshalne-bepleedwithin er-feetefemeametheriegaaleusefaiesizecithersingleor: double-faced but only one sign per political candidate andorproposalpolicy will be allowed on each parcel of property. All political signs shall be placed within ten feet of the closest wall of the primary structure on the property. The bottom of political signs shall be at ground level and are political signs are prohibited from being placed on poles, fences, buildings/structures. and any other object to elevate (2). Dimensions. Political signs shall not exceed eight four square feet per sign face and shall not exceed five four feet in sign height measured from the ground (3). Timelines for placement. All political signs shall not be displayed prior to 90 days before the date of any election and shall be removed within ten five days following the end ofany election cycle. Ifaj primary or run offexists, only candidates or issues advancing will be allowed to continue sign placement.  their height above ground level. where it is placed.  Section 2. Ifany section, subsection, sentence, clause, phrase, word or provision oft this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this  Ordinance.    Section 3. The correction oft typographical errors which do not affect the intent oft the ordinance: may Section 4. This Ordinance shall be liberally construed in order to effectively carry out the purposes Section 5. All ordinances or parts of ordinances thereof in conflict with the provisions of this  be authorized by the City Clerk or the Clerk's designee, without public hearing. hereofwhich are deemed not to adversely affect public health, safety, or welfare.  Ordinance are hereby repealed.  Section 6. This Ordinance shall take effect on September 1, 2024. Meeting ofthe City Council on the 23th day of. July, 2024.  Introduced at thel Regular Meeting oft the City Council on the gth day of. July, 2024. Adopted at the Regular  CITY OF MEXICO BEACH, FLORIDA  Richard Wolff, Mayor  ATTEST:  Tammy Brunson, City Clerk  *In this Ordinance, language added to an existing section is printed in underscored type,  and language deleted is printed in sirekthreughtype."    6 . -  €  3 E de :  E  I  1 6A @ 00 U 5 0 E Q e  le 0 9 o la : a 9 8 6 0 L L) 8 8 e 3 e B 0 d0 E a C E I  in  -  cC  a 8  0    S) io 1 d0 8  & S 8 @ 0 - # 8 d0 * a C 2 9 & = € 3 0  L  C a  C  A  @ E @ C - € aU / De - 2 @ X E  im  A 0  D 8  6  - de U a @ E E D E 0 32 e à 3 5 5 E a e 10 00 e e le le e - - L) a I J i.3 2  C  8  :    Mexico Beach Monthly Financial Report -June 2024  REVENUES: Taxes Ad Valorem Taxes Franchise Fees Utility Taxes Communication: Services Tax Sales Tax Gas Tax State Revenue Sharing Licenses & Permits Fines &F Forfeitures Interest Income Other Governmental Revenue Charges for Services Miscellaneous Revenue/Other Sources Totals: EXPENDITURES Elected Officials City Administrator City Clerk Legal Development: Services General Government Police Fire Code Enforcement General Maintenance Roads & Streets Canal Vehicle Maintenance Parks & Recreation Debts Service TOTAL EXPENDITURES  General Fund Budgeted Current Month  YTDReceived %Received Received $ 55,026 $ 3,604,944 98.00% 5,178 $ 134,828 119.76% $ 20,210 $ 116,301 119.41% $ $ 18,686 69.78% $ $ 148,689 89.36% $ $ 192,713 240.89% $ $ 27,898 13.60% $ 30,373 $ 128,904 53.13% 953 $ 4,365 33.05% 79,543 $ 439,646 214.46% 10,530 331,149 57.45% $ 145,591 299.77% 23,274. $ 179,952 45.18% 225,087 $ 5,473,666 91.97% Current Month YTDE Expenditures %Remaining Expenditures 4,525 $ 42,097 34.22% 13,220 $ 132,046 16.66% 10,173 $ 82,162 50.53% 2,550 $ 80,700 62.11% $ 9,200 95.93% 45,177 $ 364,671 14.46% 84,759 $ 762,830 18.70% 68,959 $ 1,114,619 17.53% 7,645 $ 60,224 31.19% 13,028 $ 121,810 65.00% 24,180 $ 201,337 63.64% 32,808 $ 158,951 47.62% 10,816 $ 86,852 40.75% 54,531 $ 445,238 372,371 $ 3,662,737 42.41% Current Month YTDR Revenue %Collected Revenue $ : 248,510 $ 1,288,780 68.46% Current Month YTDExpenditures %Remaining Expenditures $ 35,020 $ 468,780 75.10% Current Month YTDF Revenue %Collected Revenue $ 246,704 $ 1,156,988 95.10% Current Month YTDExpenditures %Remaining Expenditures 65,522 $ 643,093 47.14% Current Month YTDRevenue %Collected Revenue $ 123,097 $ 582,975 90.47% Current Month YTDExpenditures %Remaining Expenditures $ 54,938 $ 373,505 42.04%  $ 3,678,312 $ 112,580 $ 97,396 $ 26,780 $ 166,400 $ 80,000 $ 205,080 $ 242,640 $ 13,206 205,000 $ 576,450 $ 48,567 $ 398,496 $ 5,714,507 Budgeted $ $ $ $ $ $ $ $ $ $ $ $ $ $  63,995 158,426 166,074. 213,000 225,888 426,302 938,263 1,351,490 87,527 348,027 553,787 303,433 146,575 339,367 392,353 5,714,507  Budgeted Revenue $  Sewer Department  1,882,626  Budgeted Revenue $  Water Department  1,216,629  Budgeted Revenue $  Sanitation Department  644,418