CLAY COUNTY PROPERTY STANDARD S GUIDE 2008

Transcription

1 CLAY COUNTY PROPERTY STANDARD S GUIDE 2008 CLAY COUNTY CODE ENFORCEMENT DIVISION P. O. BOX S.R. 16 WEST GREEN COVE SPRINGS, FLORIDA (904) 284/ FAX (904)

2 Dear Citizens: A Message from the Code Enforcement Division Director Our goal is to perform fair and equitable enforcement of the codes, but also to educate citizens of the codes. We are constantly seeking a partnership approach with the community in our code enforcement efforts. Often, it is difficult to maintain a balance between the rights of individual property owners and the welfare of the general public when enforcing the codes. We continue to refine the skills, practices, and professionalism of our code enforcement staff through continuing education, reorganization, and technological advances. Our goal is, and will continue to be, voluntary compliance with the codes before pursuing further enforcement action. Your Code Enforcement Officers are here to serve you. They will do it honestly and fairly keeping in mind they are charged with protecting your civil rights. Your Clay County Code Enforcement Officers are professional Board Certified members of the Florida Association of Code Enforcement (F.A.C.E.), having completed different levels of certification on Fundamentals of Code Enforcement, Administrative Aspects of Code Enforcement, and Legal Issues in Code Enforcement. Sincerely, Cheryl Miller Code Enforcement Division Director cheryl.miller@co.clay.fl.us * Most ordinances referred to in this guide are located on the Clay County website at claycountygov.com under the Code Enforcement Department link. Although, a copy of Ordinance Article III Land Development Regulations is located on the Code Enforcement Link, it is updated by the Planning and Zoning Department. Please contact the Planning and Zoning Department at for an updated copy or any amendments that have been adopted

3 Index The Code Enforcement Program Page 4 Authority of the Special Magistrate Page 5 Common Complaints Page 7 Accessory Structures Page 7 Borrow pit/agriculture ponds Page 7 Construction within the rights-of-way Page 7 Dumping Page 8 Fences Page 8 Farm Animals and Fowl Page 8 Garage Sales Page 9 Home Occupations Page 9 Junk Vehicles Page 10 Land Clearing Page 10 Land Use Page 11 Noise Page 11 Obstruction of Right-of-Way Page 11 Overgrowth Page 11 Parking of Commercial Vehicles Page 12 Recreational Vehicles Page 12 Residential Waste Page 12 Roadside Fruit and Vegetable Stands Page 13 Road Side Solicitation Page 13 Signs Page 13 Signs, prohibited Page 13 Signs, election Page 14 Signs, temporary grand opening Page 14 Signs, real estate Page 14 Signs, Temporary Special Event Page 14 Structures Page 15 Tent Permits Page 15 Transient Merchant Page 15 Waterfront Property Page 15 Frequently Asked Questions Page 16 Helpful Telephone Numbers Page

4 The Code Enforcement Program Welcome to Clay County Code Enforcement Division! The Board of County Commissioners funds and operates a Code Enforcement Program for the unincorporated areas of Clay County. As we age, we take steps to maintain and improve our health. The neighborhoods and structures in Clay County likewise, require maintenance to stay in good condition as they age. Individual structures and neighborhoods that are not maintained not only deteriorate beyond a usable point, they also cost citizens more money. Property values fall, vandalism and crime occur more frequently, and neighborhoods become noisy, dirty and uncomfortable. There is a simple solution to maintaining good neighborhoods Individual Property Owner Responsibility. Unfortunately, many people are not responsible owners. That is why citizens band together to ask government to create minimum standards for housing, yards, parking, etc. These standards protect surrounding property owners and tenants, who might otherwise suffer as a result of substandard conditions. We hope that the information that we have provided in our site will be very helpful to you. If after visiting our site you still have some unanswered questions or comments, please feel free to contact us. We look forward to working with you to make our community and environment a more beautiful place to live! Clay County Code Enforcement Division is a function within the Enforcement Services Department. Staff in this section, investigate complaints of alleged code violations regarding Zoning, Solid Waste, Signs, Standard Housing Code, Junk Vehicle, Transient Merchants, Roadside Solicitation, Illicit Discharge and other Land Development Regulations. The following services are provided: 1. Investigate Land Development Regulations, such as Zoning, Solid Waste, Standard Housing Code, Junk Vehicle, Transient Merchant, Roadside Solicitation, Illicit Discharge and Sign ordinance complaints. 2. Investigate immediate health and safety issues brought to our attention. 3. Assist citizens with compliance measures before resorting to prosecution. 4. Assist the public courteously and expeditiously. 5. Refer other complaints to other government agencies for investigation (i.e.; Clay County Environmental Health, Department of Environmental Protection, Army Corp of Engineers and St. Johns River Water Management)

5 The mission of Code Enforcement is to enhance and sustain the quality of life of citizens in Clay County through effective, expeditious and equitable enforcement in a professional manner. The jurisdiction of Clay County Code Enforcement extends ONLY to property located in the unincorporated areas of Clay County. Please contact your city Code Enforcement for concerns on property located within the city limits of any municipality within Clay County. Clay County Code Enforcement is located at the Clay County Fairgrounds, 2497 S.R. 16 West, Green Cove Springs, FL 32043, phone (904) 284/ and fax (904) If you have any questions about Clay County Code Enforcement and the information in this booklet, you may contact a Code Enforcement Officer at (904) 284/ Emergency Situations: If our office is closed and the activity you want to report may cause a safety concern, call Public Safety at or the Clay County Sheriffs office at (904) (non-emergency). Routine Complaints: All complaints are processed in the order that they are received. However; complaints are prioritized according to their impact on the environment and public safety. The most significant impacts may be investigated first. Therefore; the accuracy and completeness of the information you provide may affect the time it takes to investigate your complaint. Please be as specific and complete as possible when filing your complaint. Complaint Form Authority of the Special Magistrate The Code Enforcement section of the Enforcement Services Department is responsible for ensuring compliance with those ordinances and portions of the Clay County Code dealing with non-criminal matters such as public nuisances, zoning violations, solid waste disposal violations, standard housing code violations, sign code violations and junk vehicle violations, etc. Florida Statute 162 enables the Board of County Commissioners to establish a Code Enforcement Special Magistrate. The purpose of this entity is to provide an equitable, expeditious, effective and inexpensive method of enforcing the technical codes in force in Clay County, Florida. The Board of County Commissioners further determined that the creation of a Code Enforcement Special Magistrate for the unincorporated areas of Clay County would serve to promote, protect and improve the health, safety and welfare of the citizens of the County

6 The Special Magistrate has the power to subpoena alleged violators and witnesses to its hearings; to subpoena records (including public records, surveys, plats and all other documentary evidence) deemed relevant by the Special Magistrate; to take testimony under oath; to issue orders having the force and effect of law; and commanding whatever steps necessary to bring a violation into compliance. Additionally, the Special Magistrate, pursuant to the provision s of ordinance of the Code of Ordinances of Clay County, Florida, may levy fines of up to $ for each day a violation continues past the date set by the Special Magistrate for compliance. This penalty, if not paid, will become a lien on the property, which can be satisfied by foreclosure, and sale of said property or any other real property. NOTE: Pursuant to the Code of Ordinances of Clay County, Florida, when the Special Magistrate rules in favor of the County and the same violation occurs by the same violator at any location, it becomes a repeat violation and the Code Enforcement Officer may, without giving the person reasonable time to correct the violation, issue a notice of hearing to appear before the Special Magistrate. A fine may be assessed up to $ per day for a repeat violation. If the Special Magistrate finds a violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5, per violation. A recent amendment to the Code Enforcement ordinance now allows a fee for all requests for Lien Reduction applications and an Administrative Fee for all cases where the Special Magistrate issues an order for non-compliance. The fee to submit an application for a Lien Reduction is $25.00 and the fee for any case where the Special Magistrate issues an order for compliance is $ Additionally, an aggrieved party, including Clay County, may appeal a final administrative order of the Special Magistrate to the Circuit Court. Any such appeal must be filed within thirty (30) days of the date of the order

7 Common Complaints: Accessory Structures (Article III Land Development Regulations 93-16) Accessory structures such as a detached garage, shed, detached carport, pool, etc. may be permitted on residential property, provided a dwelling has been legally permitted for the property. An Accessory Structure is accessory to the primary dwelling; therefore, the property shall have a dwelling on-site or a permit must be issued at the same time a permit is issued for an accessory structure. Please note that there are specific areas on property where accessory structures are NOT permitted, there are also specific setbacks and construction material requirements. Please contact the Planning and Zoning Division at (904) in order to determine what requirements you must meet in order to permit accessory structures. Permits are required for ALL accessory structures. The following restrictions also apply to accessory structures: 1. Semi trailers are prohibited to be used as accessory structures in all zoning districts with the exception of AR and AG. These districts allow the use of a semi trailer as an accessory structure as long as they meet the conditional uses listed in section of the Land Development Regulations. 2. Mobile homes, trailers, manufactured homes and similar type structures are prohibited as accessory structures. A property owner or tenant is no longer allowed to permit a mobile home, trailer, manufactured home or a similar type structure as an accessory structure to be used for storage, etc. Borrow pit/agriculture pond (Article III Land Development Regulations) Borrow Pit/Private Pond or Agriculture Livestock Pond application and information Borrow Pits and Private Pond/Agriculture Livestock Ponds are allowed as a conditional use in specific zoning districts. The size of the pond or borrow pit is determined by the size of the property and the zoning district. The Conditional Use Section of the Land Development Regulations state the conditions that must be met in order to create a borrow pit or private pond/agriculture livestock pond. If you have any questions regarding the application, please contact the Engineering Department at (904) 284/ If you have any questions regarding the conditions please contact Zoning at (904) Construction in County Rights-of-Way It shall be unlawful for any person to perform any construction work on any countyowned road, right-of-way, drainage ditch or any other county property without a permit issued by the county engineer. A person desiring such a permit shall make written application to the county engineer describing in detail the proposed construction work, including, but not limited to, its location, purpose and estimated - 7 -

8 started and completion dates. You may reach the Engineering Department at (904) 284/ Dumping (Solid Waste Franchising and Collection Ordinance Chapter V) Illegal dumping sites are often hidden from public view. Dead end streets and vacant properties are easy targets for illegal dumping. Violators caught in the act can be arrested and charged with a felony. Except as otherwise specifically provided within ordinance 98-23, all Solid Waste generated within the unincorporated areas shall be disposed of only at Designated Disposal Facilities, and nowhere else. The dumping and disposal of Solid Waste on either public or private property at sites other than Designated Disposal Facilities is hereby prohibited. The open burning of garbage is hereby prohibited within the unincorporated areas. Private landfills and other facilities for the disposal of Solid Waste are hereby prohibited. No Solid Waste, Hazardous Waste, Hazardous Substance, Biological Waste or Biohazardous Waste generated outside of the County shall be disposed of anywhere within the County. Fences (Article III Land Development Regulations amended Ordinance 05-56) In November 2007, the Board of County Commissioners amended the Clay County Code to read as follows: Notwithstanding other provisions of this Article, no fence or wall in excess of eight (8 ) feet in height shall be erected in a residential district; and provided further no fence in excess of four (4 ) feet shall be permitted in a front yard in a residential district, unless the fence is a decorative type fence, constructed of wrought iron, aluminum or pvc/vinyl, no higher than six (6 ) feet in a front yard with pickets no wider than one (1 ) inch and openings between the pickets at least three (3 ) inches apart, provided, no fence may be erected or maintained in any zoning district to the extent, in the reasonable judgment of the Engineering Director or his or her designee, the same shall not present a hazard to motorists by obstructing their views of or along roadways proximate thereto. This condition shall not apply to tennis court fencing. Farm Animals and Fowl, numbers allowed based on zoning district (Article III Land Development Regulations 93-16) Within property zoned Agricultural Residential (AR), for lots greater than one acre in size, permitted uses include the non-commercial keeping and raising of horses, cattle, sheep, goats, swine and other similar animals. For lots of one acre or less in size, permitted uses include the non-commercial keeping and raising of horses, cattle, sheep, swine, goats and other similar farm animals; provided, however, that no more than two horses, cattle, sheep, swine, goats and other large farm animals six months of age or older shall be permitted to be raised, grazed, kept or maintained per one half acre of land. For property located within Country Estates District (AR-1), the noncommercial breeding, raising, grazing or keeping of animals, fowl, and insects including, but not limited to, customary farm animals similar to horses, cattle, goats, - 8 -

9 pigs, rabbits, insects, or poultry and domestic animals similar to dogs, cats, or birds. Provided, however, that no more than one inspect hive or one adult customary farm animal six months of age or older, per each one-half acre of land, and no more than one domestic animal six months of age or older per each one fifth acre shall be raised, grazed, kept, or maintained. Within property zoned Agriculture (AG) for lots of greater than one acre in size, permitted uses include general farming activities: dairying, forestry, greenhouses, livestock raising, nurseries, poultry and egg production (excluding broilerhouse operations and mass production egg laying), crop raising, horticulture, apiculture, pisciculture, and groves For lots of one acre or less in size, permitted uses include the non-commercial keeping and raising of horses, cattle, sheep, swine, goats and other similar farm animals; provided, however, that no more than two horses, cattle, sheep, swine, goats and other large farm animals six months of age or older shall be permitted to be raised, grazed, kept or maintained per one half acre of land. In all other residential zoning districts, only the keeping of domesticated cats and dogs with a limit of six total per household over six months of age are allowed. Residential districts include, RA, RB, RE, RC, RD, RMHP, and PUD. This also prohibits the breeding of domesticated animals. Garage Sales (Article III Land Development Regulations 93-16) Residents may offer their personal belongings and household effects for sale to the general public in a garage or yard sale, however; a garage sale shall not be carried on for more than a 72 hour period, and no more than two (2) such sales shall be permitted within a 12 month period from any residential lot, parcel or tract of land to be conducted only within daylight hours. No advertisement for a garage sale may be placed on any public rights-of-way. Advertisements for the garage sale may only be placed on the private property where the sale is taking place. All other signage is prohibited. Any other advertising must be done by another means, i.e. newspaper, magazine, etc. At the conclusion of such garage sales, all unsold articles and items shall be removed and placed within an enclosed structure so as not to be visible from any public street or abutting property. The individual conducting the garage sale shall provide for and control adequate parking for motor vehicles so as to reasonably prevent unsafe conditions and traffic congestion on the public street adjacent to the premises upon which the sale is being conducted. Home Occupations (Article III Land Development Regulations)Home Occupation Permit Application For the purposes of this section, a home occupation is a conditional use allowed within a residential district and is defined as any occupation where the work is performed in the home where no commodity is sold upon the premises. The use must be conducted by a member or members of the immediate family residing on the premises with no other additional employees. No chemical, electrical or mechanical - 9 -

10 equipment used, except that which is normally used for purely domestic or household purposes. The only area to be used for such home occupations shall not exceed 20% of the primary residence and no activities for the home occupation shall take place in any structure other than the primary dwelling. The use of accessory structures are prohibited for any type of home occupation, including storage. The principal use and appearance of the structure shall continue to be that of a residence. A home occupation permit should be obtained from the Planning and Zoning Division. For more information, contact the Planning and Zoning Division at (904) A Home Occupation Permit is required if any type of advertisement takes place of the phone number that rings into the home or the address for the home. One sign not exceeding two square feet in area shall be permitted on the property where the home occupation is established, displaying only the name of the business or profession. If a sign is displayed on the property, a Home Occupation Permit is required. Home occupation s expressly PROHIBITED are: Major and minor auto or machinery repair or paint shops, including welding, carpentry, upholstery, and cabinet making, beauty shops and barber shops, private schools with organized classes other than limited individual tutoring, electric machinery or appliance repair, day care centers for the care of more than six unrelated children, medical or dental offices, psychological or psychiatric counseling offices, direct consumer retail or wholesale sales of any goods or commodity on the premises and landscape yard maintenance services, except in AG or AR zoned districts. A Home Occupation Permit cannot be obtained for a business (or similar type business) listed under the Home Occupations prohibited section of the conditional uses. Therefore, these businesses must be located within a commercially zoned property and must meet all land development regulations. Junk Vehicles (Ordinance ) Junk Vehicle Ordinance The storing or parking of junk or abandoned vehicles or parts thereof, on private property are prohibited. It shall be unlawful for any person to park, store or leave; or permit the parking, storing or leaving of any junked, inoperable or abandoned vehicle, or parts thereof, upon any property within the unincorporated areas of the county unless such vehicle is completely enclosed within a building or unless no more than two such vehicles are located within the rear yard behind the primary dwelling and are covered with a fitted vehicle cover, not a tarp. The definition of a junk vehicle is a vehicle which is dismantled, wrecked, junked, and/or non-operating, and/or lacking a valid tag. Land Clearing (Article VI Tree Protection and Landscaping Standards) Article VI Tree Protection and Landscape Standards Ordinance Prior to any land clearing, grubbing or disturbance to the existing root system of an area subject to any provision of Article VI, a landscape plan shall be filed with, reviewed and approved by the landscape reviewer. There are limited exemptions

11 within Article VI to this requirement, please review Article VI prior to any land clearing, grubbing or disturbance to the existing root system of any property. Land Use (Penalty for Unauthorized Use of Land) (Article III Land Development Regulations) It shall be unlawful for any person to use any land in a manner not specifically permitted as a use within the zoning classification applicable to such land, or permitted by a conditional use authorized under the provisions of Article III. It shall be prohibited to establish a non-residential use without meeting all Clay County Land Development Regulations, such as, but not limited to, paved parking, landscaping, drainage, etc. It shall also be prohibited to subdivide land without meeting the Clay County subdivision regulations. Any person found guilty of violating these regulations shall be deemed guilty of an offense and shall be punishable through the court system or enforcement of this section may also be sought through the Code Enforcement Division. Noise Ordinance (Noise Ordinance ) Noise Ordinance A noise violation is prosecuted as a civil infraction. Please refer to the Noise Ordinance for specific guidelines on enforcement issues as well as exceptions. Obstruction of County Right-of-Way Clay County Code It is unlawful to park any motor vehicle or trailer across or upon any sidewalks for pedestrians, or park on the road right-of-way in any manner that would create a health/safety concern for the public. (Contact Clay County Sheriff s office for enforcement). It is unlawful to place any structures, including basketball hoops or skateboard ramps in the rights-of-way (Please see Construction in County Right-of-Way). Please contact the Engineering Department at (904) 284/ regarding the placement of structures, including basketball hoops or skateboard ramps in the rights-of-way. Overgrowth Excessive Accumulation and Growth (Weeds and Grass) (Standard Housing Code) It shall be unlawful for the owner or occupant of an improved or unimproved property to utilize the premises for open storage of any inoperable motor vehicle including parts, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc

12 Parking of Commercial Vehicles (Article III Land Development Regulations) The parking of commercial vehicles of one ton or more rated capacity in any part of the front, rear, side yards, within residential areas, roads, or rights-of-way is not permitted in zoning districts AR-1, AR-2, RA, RB, RE, RMHP, RC, RD, and PUD. Within AG district, the parking of commercial vehicles with a limit of one per acre shall be permitted. Within AR district, the parking of commercial vehicles by the owner of the primary residence with a limit of one per acre and a maximum of two vehicles, may be parked in the rear or side yard, except refrigerated vehicles and vehicles carrying hazardous materials. If a property owner in AR owns 1.9 acres, they may have one (1) commercial vehicle. They must own at least two (2) full acres in order to park two (2) commercial vehicles on the property. If they own three (3) acres, they may have a maximum of two (2) commercial vehicles only. The same applies to property zoned AG with the exception that there is not a maximum. If someone in AG owns 15.5 acres, they may have 15 commercial vehicles stored on the property. Recreational Vehicles (R.V. s) (Article III Land Development Regulations) It shall be unlawful to park an RV on ANY residential or commercial property for the purpose of allowing someone to occupy or reside. However, the Conditional Uses within the Land Development Regulations were amended in November 2007 to allow RV s to be used as temporary living quarters in certain zoning districts under SPECIFIC conditions. Please contact the Zoning Department or obtain a copy of your zoning district to verify that your district allows these conditional uses. If you do not meet the conditions required within Section or your zoning does not allow this conditional use, an RV may only be hooked to electricity for the purpose of cleaning, charging batteries or to allow the refrigerator to be operational. No other utilities, i.e. water or sewer, may be hooked up from the RV and no one may reside in the RV. PS-2 zoning district allows RV s for the purpose of occupancy. You may obtain a copy of your zoning district to verify what conditional uses are allowed. You may also obtain a copy of the conditional uses from the Zoning Department at (904) Residential Waste (Solid Waste Franchising and Collection Ord.) Accumulation of solid waste is prohibited. No owner or other occupant of improved real property shall permit the accumulation of solid waste upon said property for a period in excess of seven consecutive days without providing for its removal and disposal. Solid Waste shall not be placed on public rights-of-way more than twelve hours proceeding the day of collection. All solid waste containers must be covered

13 Roadside fruit and vegetable stands (Article III Land Development Regulations) It shall be unlawful for any person to operate or cause to be operated any roadside stand or farmer s stand within any right-of-way along any public road in the county. There shall be no parking associated with a roadside stand or farmer s stand on the public right-of-way. All roadside stands and farmer s stands must meet the setback requirements for structures in the applicable zoning classification. A roadside stand for the purpose of selling food products shall be allowed on property zoned BB only. The owner of the products being sold shall have on hand, a letter of permission from the owner of the property which authorizes approval of the stand. The stand, products, materials and/or equipment connected with the operation, must be removed from the site daily. Please contact the Florida Department of Health to obtain any additional information or license that may be required. The Florida Department of Environmental Health may be reached at (904) fax (904) Roadside Solicitation Conditions for Approval (Roadside Solicitation Ordinance 03-67) Roadside Solicitation Application The Roadside Solicitation Ordinance was amended in November Charitable organizations qualified under Section 501(c)(3) of the Internal Revenue Code and registered pursuant to Chapter 496, Florida Statutes, or persons or organizations acting on their behalf are exempt from the provisions of Section 12-53, within Chapter 12 of the Clay County Code, provided that each such organization shall have first submitted an application to the Clay County Code Enforcement Department verifying that all conditions required will be met.. In order to obtain a Roadside Solicitation application, please contact the Code Enforcement Division at (904) This application must be submitted and reviewed prior to solicitation activity taking place. Signs (Article VII Ordinance ) Clay County Sign Ordinance Advertising structures are addressed under Article VII Ordinance This article is comprehensive in its guidelines, which regulate the type, number, size, location and maintenance of signs within the unincorporated areas of Clay County. Generally, permits are required to display a sign. A sign application shall be submitted to the Planning and Zoning Division for approval. If a sign application is approved, application must be made for a building permit for all signage. Please contact the Planning and Zoning Division at (904) regarding submittal requirements for permitting of signs. Signs Prohibited Signs (Article VII Ordinance )

14 Please note that signs shall not be placed in the Clay County rights-of-way. The following are prohibited, but are not limited to: billboards, revolving signs, flashing signs, animated signs, wind signs (including banners, pennants, ribbons, spinners, streamers, or captive balloons), portable signs, roof signs, abandoned and discontinued signs, snipe signs, projecting signs and off-premise signs. Signs Election Signs (Article VII Ordinance ) On each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels zoned residential, the election sign shall not exceed three square feet in sign area; and, if displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are zoned nonresidential, the election sign shall not exceed thirty-two square feet in sign area and, if displayed as a freestanding sign on the parcel, the election signs (i) shall be set back at least five feet from all property lines and (ii) shall not exceed eight feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. Signs (Temporary) Grand Opening Signs (Article VII Ordinance ) For each new business or business name change, one temporary grand opening sign shall be allowed for thirty (30) days. Grand opening signs are allowed for thirty (30) days only. These signs are limited to 16 square feet and SHALL NOT BE A BANNER. You must contact the Code Enforcement officer responsible for your location at to advise them as to when the grand opening sign will be posted and removed. Signs Real Estate Signs (Open house and directional signs) (Article VII Ordinance ) For each residential parcel with a house for sale, up to six temporary open house and/or directional signs may be displayed five (5 ) feet inside private property with the permission of the property owner. These signs may only be displayed Friday between sunset Friday and sunset Sunday. These signs are prohibited from being placed in the rights-of-way. Signs Temporary Special Event Signs (Article VII Ordinance ) Temporary Special Event form You may make application for a temporary special event sign for an event to be held in Clay County. For events with less than 50,000 people in attendance, signs may be placed on private property no sooner than seven days prior to the event and must be removed within two days after the event. For events with more than 50,000 people in

15 attendance, signs may be placed on private property no sooner than thirty days prior to the event and must be removed no more than seven days after the event. Please fax application and a drawing of the signs to be installed to, the Code Enforcement Division, Attention: Division Director, P. O. Box 825, Green Cove Springs, FL or fax to (904) You must obtain approval for temporary special event signs prior to placing any signs on property within the unincorporated areas of Clay County. Please make note that signs are PROHIBITED in the rights-of-way. Structures (Substandard Structures Standard Housing Code) A structure is considered substandard when it does not meet the standards or specifications established in the Standard Housing Code or Florida Building Code. i.e., construction without a permit, possible life and safety issues, open (unsecured) structure or swimming pool, or structures, and/or not built to code. All structures to be placed or erected upon any property within the unincorporated areas of Clay County require a permit. If you have questions regarding the Florida Building Code or what items are needed to obtain a permit, please contact the Building Division at (904) Transient Merchant Ordinance (Ord. No ; Ord. No ; Ord No ; Ord No ) Transient Merchant Ordinance Transient Merchants may set up to sell merchandise on property zoned BB only. In order for a Transient Merchant to obtain a Transient Merchant Permit, they must meet the requirements within the Transient Merchant Ordinance and make application through the Code Enforcement Division at (904) All tents to be erected for a Transient Merchant sale shall be permitted through the Building Division. Please contact the Building Division at (904) for all documents necessary to obtain a tent permit. Tent Permits (Florida Building Code) A permit to erect a tent must be obtained from the Building Department. However, you should verify with the Zoning Department as to whether the tent is allowed per the zoning district for the parcel prior to making application for the permit. Please contact the Building Division at (904) for all documents necessary to obtain a tent permit. Please contact the Zoning Department at (904) to verify that the zoning allows the tent to be permitted. Waterfront Property (Article III Land Development Regulations 93-16) Please be aware that waterfront property has specific setbacks for all structures from the mean high water line and ordinary high water line. You may contact the Planning and Zoning Division regarding these setbacks at (904)

16 Article III Land Development Regulations FREQUENTLY ASKED QUESTIONS Q: Can additions to houses be built without a permit? A: No. Structures must meet the Florida Building Code. Contact the Building Division at (904) 284/ before beginning any building, mechanical, electrical or plumbing project. Q: Who should be contacted to report a derelict boat/vessel that is located in the water? A: The Florida Fish and Wildlife Commission/Division of Law Enforcement (formerly Marine Patrol) addresses derelict vessels located in the water. Their phone number is Derelict or junk vessels located on land are addressed by Clay County Code Enforcement. Q: Are permits required to repair my boat dock? A: Yes. The Army Corps of Engineers regulate construction of docks. They may be reached at (904) Q: Is a permit required to put a boat house or building on a dock? A: Yes. All structures built on a dock must meet the Florida Building Code. Please contact the Building Division regarding any questions on structures to be built on a dock. The Building Division can be reached at (904) 284/ Q: Does Code Enforcement accept anonymous code complaints? A: Yes. The Board of County Commissioners has directed Code Enforcement to accept anonymous complaints. Complaints may be mailed to P. O. Box 825, Green Cove Springs, FL 32043, called in to (904) 284/ , faxed to (904) or submitted via COMPLAINT FORM. NOTE: Faxes and services often contain identifying information which becomes public record. Q: Can Code Enforcement drive through my neighborhood and address all of the code violations they see at all of the properties? A: Yes. However, we are not pro-active. At this time, staff levels do not permit us to respond on a pro-active basis throughout the County. We are reactive and respond to complaints in the order they are received, except in the situation of health and safety issues. Also, if violations exist in the direct neighborhood of a property being

17 investigated, we may open a case and investigate the violations on surrounding properties. Q: What should be done if a dog is running loose? A: Call Animal Control to report an animal at large. (904) Q: What should be done if a neighbor s dog barks all the time and creates a nuisance? A: Call the Sheriff s office at (904) The Sheriff s office enforces the noise ordinance. Q: Are permits required to install a fence? A: No. However, please consult with the Planning and Zoning Division at (904) to verify what zoning regulations you must meet in order to install a fence. If you are unsure of your property boundaries you should obtain a survey prior to installing the fence. Single family residential districts do not allow fences greater than four feet in height in the front yard and a fence no higher than eight feet in the rear yard. There are exceptions for wrought iron, aluminum or pvc/vinyl type decorative fences, which are allowed to be no higher than six feet in height in the front yard. Q: Are there height restrictions for garages or sheds? A: Yes, please verify with the Planning and Zoning Division, the height limitations for accessory structures within your zoning district. The height limitation is based on your zoning and land use, setbacks, and size of the property. Q: Are there setback requirements for structures I want to put on my property? A: Yes, all structures require setbacks, which are based on the zoning of your property. Please verify the zoning and setbacks with the Planning and Zoning Division at (904) to verify setbacks. Q: Are there restrictions on what type materials may be used when constructing a building? A: Yes, in certain zoning districts, structures may not be constructed of metal. Within the Branan Field Master Plan and the Lake Asbury Master Plan, architectural design standards are required. Please verify this information with the Planning and Zoning Division at (904) Q: Is it true that you must have a certain amount of property in order to build a home or move-on a mobile home? A: Yes, the Clay County Comprehensive Plan adopted on July 1, 1991, determines the amount of property required, depending upon the land use designation and zoning of your property

18 Q: Can I subdivide my property? A: Please verify with the Planning and Zoning Division at (904) as to whether a property may be subdivided. This will depend upon several things such as, how many times the lot has previously been subdivided and why it is being subdivided. Q: May I subdivide my property to allow my children to move onto a piece of property? A: There is a provision in the Land Development Regulations regarding, subdividing property to an heir. Please contact the Zoning Department for regulations regarding the heirs provision. Q: How can I find out if my property is located in a Special Flood Hazard Area (SFHA)? A: The Planning and Zoning Department provides flood zone information only based on Flood Insurance Rate Maps (FIRM) dated November To contact a Zoning Technician regarding the FIRM please call (904) Please contact a surveyor in order to determine SFHA s based on a field inspection. Q: Landlord-Tenant Disputes. Who should be called if a landlord or property owner fails to meet minimum housing codes or provide and maintain common amenities? A: Pool maintenance: State of Florida/Division of Environmental Health at (904) Dumpsters overflowing: Clay County Code Enforcement. Electrical issues, no heat, roof leaks, plumbing: Clay County Code Enforcement at (904) 284/ The State of Florida / Division of Landlord Tenant Disputes may also be able to provide assistance. They can be contacted at (800) or (800) or (904) Please keep in mind that there are certain tenant responsibilities that require certified mail notification to the property owner or landlord that verifies that the landlord or owner has been notified of the maintenance or housing issues prior to Code Enforcement s involvement. Before withholding rent due to lack of maintenance and/or repair types issues, you may want to contact the States Attorney s office, the State of Florida Division of Landlord Tenant Disputes or a private attorney. The State s Attorney s office can be reached at (904) 284/ The State of Florida Division of Landlord Tenant Disputes number is listed above. Q: Do I need an Occupational License or Business License to run a business in Clay County? A: No. At this time, the unincorporated areas of Clay County do not require an occupational license or business license when doing business on property zoned for that purpose. However, if you intend to have an office in your home, you must meet the conditions for a Home Occupation. You may be required to obtain a Home

19 Occupation Permit. Please contact the Planning and Zoning Division at (904) for more information. Q: Do I need a permit to open a business in a shopping center or on commercial property? A: Yes. A Fire Safety permit is required to have electricity turned on when a new tenant occupies a commercial space. If you are planning any remodeling within the space, a remodeling permit is required prior to any remodeling. If you have questions regarding the Fire Safety permit or remodeling within a commercial space, please contact the Building Department at (904) 284/ and the Zoning Department at (904) Q: Will I need a permit for an above ground or in-ground pool? A: Yes. Structures must meet the Florida Building Code. Contact the Building Division at (904) 284/ before beginning any building, mechanical, electrical or plumbing project. You should also check with the Planning and Zoning Division at (904) to verify all requirements, including setbacks and fencing. Q: Can old refrigerators be placed at the curb for trash with the refrigerator doors on and unsecured? A: No. If you see a refrigerator with the doors left on it, please call Code Enforcement immediately. There is an immediate health and safety hazard especially for children. Solid waste pick-up service requires a phone call for all special white goods pick-up, such as appliances. They will only be picked up on certain days. Please contact your carrier for dates of service. Q: Is it allowed to have a skateboard ramp or basketball hoop in the roadway? A: No. It is illegal to place basketball hoops or skateboard ramps in the roadway or in the rights-of-way. Q: Are tow trucks allowed to be parked in my neighborhood? A: No, only to pick up vehicles to be towed out of a residentially zoned neighborhood which includes the zonings RA, RB, RE, RC, RD, AR-1, AR-2 and PUD. Property zoned AG and AR do allow the parking of a commercial vehicle depending upon the amount of acreage owned. Please contact Zoning to verify the zoning on the parcel and information on whether a commercial vehicle is allowed. Q: Can a tractor-trailer/18-wheeler park in a residential neighborhood? A: No. You may not park or store either the tractor or the trailer in a residentially zoned neighborhood which includes zonings RA, RB, RE, RC, RD, AR-1, AR-2 and PUD. Property zoned AG and AR do allow the parking of a commercial vehicle

20 depending upon the amount of acreage owned. Please contact Zoning to verify the zoning on the parcel and information whether a commercial vehicle is allowed. Q: Who should be contacted if a septic tank is overflowing? A: Contact the State of Florida/Division of Environmental Health immediately at (904) Q: Do I need a permit to cut down a tree? A: Before cutting down a tree, please contact the Planning and Zoning Division, Landscape Reviewer at (904) Q: Can I keep two old vehicles/cars I m restoring at my house? A: As long as the vehicles are operational and have a current tag. If they are not operational and/or do not have a current tag, you must store in an enclosed structure or cover no more than two vehicles with a fitted vehicle cover, not a tarp, and place the vehicles behind the home in the rear yard only. Please refer to the Junk Vehicle Ordinance or contact Code Enforcement at (904) 284/ for more information. Q: Is it legal to keep a vehicle on the right-of-way on jack stands with parts missing? A: No. Junk and/or abandoned vehicles sitting along the roadway are subject to citation by law enforcement or may be tagged by the Code Enforcement Division and towed at the owner s expense. In lieu of tagging the vehicle, a notice of violation from the Code Enforcement Division may also be issued. Q: Can motor vehicles be sold from rights-of-way or on private property? A: No. Vehicles cannot be parked on the right-of-way, on undeveloped or developed properties for sale unless the property is zoned and developed for that purpose. Please refer to Florida State Statutue Chapter 316 Section Q: Are recreational vehicles permitted to be parked or stored on residential property? A: Yes. Recreational vehicles can be parked anywhere within the property lines. Q: Can anyone live in a recreational vehicle on my property or can I live in an RV on property I own while construction a residence? A: No one may occupy or reside in a recreational vehicle except on property zoned PS-2 or unless the specific zoning district allows the conditional use of a Recreational vehicle for temporary use or Temporary living quarters during construction of a residence. As a conditional use in certain zoning districts, an RV may be temporarily occupied for guests (14 consecutive days 2 times per year only) and in certain zoning districts and RV may be occupied during the construction of a residence. Please refer

21 to Section of the Land Development Regulations for SPECIFIC conditions required. Q: Are permits required to install utility sheds or pole barn? A: Yes. All structures must meet the Florida Building Code. Contact the Building Division at (904) 284/ before beginning any building, mechanical, electrical or plumbing project. You should also check with the Planning and Zoning Division at (904) to verify all requirements including setbacks and allowed construction materials. Q: Are commercial vehicles permitted in residential neighborhoods? A: No. The parking of commercial vehicles of one ton or more rated capacity in any part of the front, rear or side yards, in residential areas, roads, or rights-of-way is not permitted in zones AR-1, AR-2, RA, RB, RE, RMHP, RC, RD or PUD. AG and AR zoning districts allow the parking of commercial vehicles with specific conditions on the number of vehicles allowed and where the commercial vehicles may be parked. Please contact the Zoning Department to verify the zoning of your property and the specific requirements for the parking of commercial vehicles within your zoning district. Q: Do these carport type structures that appear to be made of canvas, plastic or tarp like materials meet the Florida Building Code? A: No. Most structures of this type do not meet the Florida Building Code. Unless these structures can be permitted through the Clay County Building Department, these structures are a violation and must be removed. If you have any questions on whether a structure meets the Florida Building Code and can be permitted, please bring your plans or any documentation from the manufacturer to the Building Department. You may contact them at (904) 284/ to verify what documents will be needed in order to determine whether a permit can be issued. Q: Do I need a land clearing permit before clearing my property? A: Yes. Article VI Tree Protection and Landscape Standards states that prior to any land clearing, grubbing or disturbance to the existing root system of an area subject to any provision of Article VI, a landscape plan shall be filed with, reviewed and approved by the landscape reviewer. There are limited exemptions to this requirement within Article VI. Please review these exemptions prior to any land clearing, grubbing or disturbance of the existing root system of the property. If you have any questions, please contact the Landscape Reviewer at Q: Do I need approval to dig a pond or to sale dirt from my property?

22 A: Yes. Ponds and Borrow Pits are allowed within certain zoning districts but only if certain conditions are met. Article III Section states the conditions that must be met in order to dig a pond or create a borrow pit. The Planning and Zoning Department and the Engineering Department must approve the application for a pond or borrow/pit prior to any digging or disturbance of the property. If you have any questions regarding the application process, please contact the Engineering Department at (904) 284/ If you have any questions regarding the conditions that must be met, please contact the Planning and Zoning Department at (904) Q: Do I need a permit to remodel my home? A: There are remodeling projects (such as; but not limited to, replacing tile, painting, installing carpet) that do not require a permit; however, please contact the Clay County Building Department at (904) 284/ to determine whether a building permit is required. Q: Does the Special Magistrate fine me if I do not come into compliance with the code regulations? A: Yes, if you do not bring the property into compliance by the date given by the Special Magistrate, he/she has the authority to impose a fine of up to $ per day per violation and up to $ a day per violation for repeat violations. In the case of an irreparable or irreversible violation, the Special Magistrate has the authority to impose a fine of up to $5, per violation. Q: If the Special Magistrate finds that I have been in violation of the code regulations, is a fine imposed? A: A fine may or may not be imposed, that decision will be made by the Special Magistrate; however, please keep in mind that an Administrative Fee of $ is charged for every case found to be in violation by the Special Magistrate whether he imposes a fine or not. Q: I am involved with a charity that wants to collect money at some of the intersections in Clay County, can I do this and if so, what is required? A: Yes. An organization meeting the Florida Statutes for a charitable organization may solicit for funds within the intersections in the unincorporated areas of Clay County, provided they meet the guidelines for a charitable organization and they meet all of the conditions required in the Clay County ordinance in regards to Roadside Solicitation. Please contact the Code Enforcement office regarding requirements that must be met in order to make application for Roadside Solicitation. Q: I want to sell produce by the roadside, is this an allowed use? A: Yes, however, only on specifically zoned property. A property zoned BB does allow someone to sell fish products or agriculture products from sunrise to sunset. You must have a letter of permission from the owner of the property onsite at all