The purpose of this article is to describe land use restrictions which apply to specific zoning districts within the city. All incorporated lands within the city have been divided into zoning districts which are intended to be consistent with and implement the land use categories identified in the future land use element and displayed on the future land use map of the city's comprehensive plan.

(Ord. No. 96-549, § 1(2.01.01), 2-16-96)

In order to classify, regulate and restrict the locations of various types of residential, commercial and recreational properties, to regulate land coverage and height of buildings and structures hereafter erected, constructed, reconstructed, altered or moved, and to regulate and limit density and intensity of land use within the city, platted and unplatted, and determine the minimum size and location of yards and other open spaces around such buildings or structures, the city is hereby divided into the following zoning districts, which shall be graphically shown on an official zoning map in such manner so as to be accurately identifiable.

These districts shall be clearly designated on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter. Any unimproved land not now classified will become R-1.

(Ord. No. 96-549, § 1(2.02.02), 2-16-96; Ord. No. 12-740, § 3, 4-26-12)

The intent of the various zoning districts is as follows:

(1)

R-1, single-family dwelling district. This district is intended to provide for single-family detached homes, partially implementing the low density residential land use category.

(2)

R-2, two-family dwelling district. This district is intended to provide for single-family detached homes, duplex dwellings and mobile homes implementing the medium density residential land use category.

(3)

ROR, residential/office/retail district. This district is intended to provide an opportunity for flexible development of mixed commercial and low density residential uses consistent with the overall residential character of the community, implementing the residential/office/retail land use category.

(4)

C-1, commercial district. This district is intended to provide for the day-to-day commercial and professional office needs of residents and the seasonal population of the city, and the immediate commercial needs of the tourist population, implementing the commercial land use category.

(5)

PSP, public/semipublic district. This district is intended to provide areas for public, municipal and semipublic centers, community services and facilities to implement the public/semipublic land use category.

(6)

PRA, public recreation area district. This district is intended to provide areas for active and passive recreation to implement the recreation/open space land use category.

(7)

CON-1, conservation-1 district. This district is intended for areas of significant environmental or ecological importance that should implement the conservation land use category.

(8)

CON-2, conservation-2 district. This district is intended to protect areas in the community containing beach sands, for open space or low intensity uses, and to implement the conservation land use category.

(Ord. No. 96-549, § 1(2.02.03), 2-16-96; Ord. No. 12-740, § 4, 4-26-12)

(a)

The city shall create and maintain an official zoning map depicting all properties located within the corporate limits of the city. Each property shall be assigned an official zoning category in accordance with this Code. The official zoning map shall be so designated thereon and shall be validated by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city and note the date of adoption. Any changes on the official zoning map shall be in accordance with governing law, city ordinances and city procedures. The city clerk as custodian of city records shall make or cause to be made all authorized alterations to the official zoning map.

(b)

The official zoning map shall be kept at the city offices and true and correct copies shall be readily available to the general public. The map may be memorialized in electronic or any other convenient medium. If the official map is electronic, then any signatures or seals may be facsimile or similar format.

(Ord. No. 96-549, § 1(2.02.04), 2-16-96; Ord. No. 06-661, § 1, 9-28-06)

Rules for interpretation of district boundaries on the official zoning map are as follows:

(1)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed as following such centerlines.

(2)

Boundaries indicated as approximately following platted property lines shall be construed as following such property lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following mean high-water lines shall be construed as following such shorelines, subject to state and federal law as it relates to riparian rights and property fronting on the Gulf of Mexico or Tampa Bay. Boundaries indicated as approximately following the centerlines of canals, lakes or other bodies of water shall be construed to follow such centerlines.

(5)

Distances not specifically indicated on the official zoning map shall be determined by reference to official subdivision plats and any other official maps of the county.

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the planning and zoning board shall interpret any boundaries in question.

(Ord. No. 96-549, § 1(2.02.05), 2-16-96)

(a)

The regulations set by this chapter within the city as a whole shall be minimum regulations and shall be applied uniformly to each class or kind of structure except as provided in this chapter.

(b)

No building, structure, land or water area shall be used for any purpose except those specifically identified as permitted accessory or special exception uses.

(c)

No building or structure, or part thereof, shall be located, erected, reconstructed or structurally altered unless in conformity with the provisions of this chapter.

(Ord. No. 96-549, § 1(2.03.00), 2-16-96)

(a)

Existing residential areas shall be protected from encroachment of incompatible activities, and other land use areas shall be protected from encroachment by incompatible residential activities.

(b)

Residential and nonresidential land uses shall be encouraged in a manner which ensures compatibility with the type and scale of surrounding land uses and where existing or programmed public facilities shall not be overburdened.

(Ord. No. 96-549, § 1(3.00.00), 2-16-96)

(a)

Generally. Specific uses are either allowable in the R-1 district, allowable as accessory uses to the permitted principal use, or prohibited as incompatible with the intent and character of the district. Development of any lot or parcel in the residential district which lot or parcel also has land partially within the CON-1, conservation district, on the official zoning map shall be subject to the requirements for determination of the buildable area as set forth in section 114-343. Any lands subsequently determined under the criteria of section 114-343 to be located within the conservation district shall be subject to the restrictions set forth in section 114-344. For lots or parcels which contain both the R-1 or R-2 and the CON-1 districts, the entire lot or parcel may be used in determining setbacks, building coverage and lot coverage requirements. If the determination of the buildable area within the CON-1 district requires a greater setback than required by section 114-222, the more restrictive shall apply.

(b)

Permitted uses. Not more than one permitted use, and only one such use, shall be permitted on an individual lot. Permitted uses are as follows:

(1)

Single-family detached dwellings.

(2)

Group home or foster care facility licensed to serve six or fewer clients of the state department of health and rehabilitative services, provided such uses shall not be located closer than 1,000 feet to another group home or foster care facility.

(3)

Mobile homes (permitted in FEMA A zones only).

(4)

Community residential homes as defined in F.S. ch. 419, but licensed to serve six or fewer clients of the state department of health and rehabilitative services, provided such uses shall not be located closer than 1,000 feet to another community residential home serving six or fewer clients.

(5)

Two-family dwellings existing prior to April 1, 2009. Such preexisting two-family dwellings may be reconfigured in order to achieve compliance with the requirements of subsection (b) above, provided the number of dwellings is not increased and any new construction complies with the requirements of this chapter. If reconfiguration or alterations of a preexisting two-family dwelling is deemed to be a substantial demolition, only one dwelling unit may be reconstructed on the lot or parcel.

(c)

Accessory uses.

(1)

Home occupations shall be permitted as an accessory use in the principal dwelling provided that:

a.

The activity is a professional or business activity carried on by a member of the immediate family residing on the premises in connection with which there is used no sign other than a nonilluminated nameplate attached to the building of no more than one square foot in area.

b.

No display is made which will indicate from the exterior that the building is being used for any purpose other than a dwelling.

c.

No person is employed other than a member of the immediate family residing on the premises.

d.

No mechanical equipment is used except of a type similar in character to that normally used for domestic or household purposes.

(2)

Ordinary flower or vegetable gardens shall be allowed as an accessory use to the principal dwelling.

(3)

Arts, crafts and hobbies shall be allowed as an accessory use to the principal dwelling provided such activity is pursued by a member of the immediate family residing on the premises, provided that no nuisance shall result from such operation.

(d)

Prohibited uses. The following uses are prohibited:

(1)

All uses not specifically permitted.

(2)

Sale of any commodity on the premises. This provision is not to prohibit yard sales.

(3)

It shall be unlawful for any person to land or operate any aircraft, including helicopters, within the city limits of the residential district of the City of Anna Maria. Nothing in this section shall, however, be construed to prohibit emergency landings, landing by the U.S. Coast Guard, or other governmental agencies, landing for medical emergencies, and landings by law enforcement officers in the performance of their law enforcement duties.

(Ord. No. 96-549, § 1(3.01.01), 2-16-96; Ord. No. 09-699, § 2, 3-26-09; Ord. No. 10-714, § 2, 9-23-10; Ord. No. 12-740, § 5, 4-26-12; Ord. No. 12-742, § 3, 8-23-12)

Lot, yard, bulk and parking regulations for the R-1 district are as follows:

(1)

Maximum density. Maximum density is 6.0 dwelling units per acre.

(2)

Minimum dimensions. Minimum dimensions are as follows:

a.

Area: 7,500 square feet.

b.

Width and length: Lot dimensions may be adjusted so long as minimum area requirements are complied with and lot width is at least 50 feet of frontage on a single public street. Properties taking access via an approved private street, easement or other non-public access, which approved access was in existence prior to January 1, 2007, may continue to use the existing access. The existence of the access may be shown by reference to a deed or other legal document clearly showing the approved access was in existence and in use prior to January 1, 2007.

(3)

Allowable lot coverage and living area ratio (LAR).

a.

The LAR shall not exceed 40 percent for any lot or parcel area up to 15,000 square feet, plus 35 percent for that area of the lot or parcel between 15,001 square feet to 21,000 square feet, plus 30 percent for that area of the lot or parcel over 21,000 square feet. For structures 27 feet in height or less, no more than 50 percent of the total living area ratio may be located on a second living level. For structures greater than 27 feet in height, no more than 33 percent of the total living area ratio may be located on a second living level.

b.

Maximum impervious surface including building coverage: 40 percent of the lot or parcel. The stormwater provisions of chapter 102 must be met.

c.

Minimum open space: Five percent of the lot or parcel (see definitions section).

(4)

Swimming pools. Swimming pools and hot tubs permitted after January 1, 2016 shall be counted as impervious surface coverage. Swimming pools and hot tubs permitted prior to January 1, 2016 and swimming pools and hot tubs included within the perimeter of the residence building, enclosed and under a conventional roof shall not be counted as impervious surface coverage. Waterfalls, fountain features and pool slides are prohibited. Permits may be issued for the repair or replacement of existing waterfalls, water features or pool slides. All impervious decking surrounding the pool and hot tub shall be counted as impervious surface coverage. Caged and uncaged swimming pools, hot tubs and the swimming pool and hot tub equipment shall be set back from the lot line or property line the minimum setback required for the particular yard with the exception of the side yard setback which shall be ten feet. Uncaged swimming pools located on through lots shall be set back a minimum of five feet from the adjoining lot line or property line if the pool is located in the street yard which does not contain the structure's main entrance. Pools permitted prior to January 1, 2016, shall be deemed as grandfathered related to the side yard setbacks. There shall be only one swimming pool per lot containing a residential unit. The swimming pool shall be for the use of the residential unit only and shall not be for any commercial activity.

(5)

Minimum setbacks. Minimum setbacks are as follows for all structures:

a.

If any portion of the structure is greater than 27 feet in height, then the entire structure shall comply with the greater side yard setback of ten feet.

b.

Additions to existing structures must conform to the setbacks for the addition.

c.

Mechanical equipment including, but not limited to, air conditioner/heater, pool pumps, pool heaters, shall not be located within the setbacks.

Refer to sections 70-1, setback definition, and 114-422, measurement of setbacks, for additional information.

(6)

Height of building and structures. No building or structure or part thereof shall exceed 37 feet as measured from the crown of the road to the highest point of the roof. Where property adjoins two or more streets, the referenced street level shall be the highest street level adjoining the property. Where the adjoining street is paved, the reference level shall be the crown of the pavement. If the adjoining street or streets are unpaved, the reference point shall be a level four inches higher than the highest unpaved street surface. No lot or parcel shall contain more than a total of two habitable floors for all structures combined whether structures are connected or separated. If the lowest horizontal member of the structure is required to be greater than the base flood elevation for that flood zone, then the above stated heights may be increased one foot in height for each one foot above the required base flood elevation. This provision only applies to structures with one living level.

(7)

Off-street parking. See chapter 90 and chapter 91. All off-street parking shall comply with the city's ordinances and the laws of the state and regulations of all applicable governmental agencies.

(8)

Minimum housing size. Single-family dwellings shall contain a minimum of 900 square feet of floor area, exclusive of carports, porches, garages and breezeways.

(9)

Detached structures. Any outbuilding shall be properly anchored and secured to meet current wind load requirements. Maximum size of any outbuildings or detached structures, beachside or poolside cabanas, storage sheds or other permissible structures shall be controlled by the setback and building coverage regulations of the district.

(10)

Stormwater management. Dwellings shall be constructed in such a manner as to prevent flooding from stormwater exiting the site to adjacent property, including roadways. Sites shall be graded in such a manner as to provide runoff rates, volumes and pollutant loads not exceeding predevelopment conditions. Retention and detention areas shall be placed along front, side or rear lot lines to meet chapter 102, stormwater requirements and shall incorporate steps to control erosion and sedimentation. See chapter 102 for stormwater regulations.

(Ord. No. 96-549, § 1(3.01.02), 2-16-96; Ord. No. 97-560, § 21, 4-22-97; Ord. No. 02-601, § 3, 1-23-03; Ord. No. 03-610, § 3, 1-22-04; Ord. No. 06-665, § 2, 8-24-06; Ord. No. 06-662, § 5, 3-22-07; Ord. No. 09-699, § 3, 3-26-09; Ord. No. 11-719, § 10, 9-22-11; Ord. No. 12-732, §§ 2—4, 1-26-12; Ord. No. 12-742, § 4, 8-23-12; Ord. No. 13-749, § 3, 2-14-13; Ord. No. 13-754, § 3, 5-23-13; Ord. No. 13-755, § 3, 8-22-13; Ord. No. 15-801, § 2, 11-4-15; Ord. No. 15-804, § 1, 11-4-15; Ord. No. 16-824, § 1, 12-8-16)

(1)

Property owners of real property seeking to vary from the strict application of amendments to section 114-222 as enacted on May 23, 2013, may seek relief from the amendments pursuant to this section.

(2)

Property owners seeking variances shall file an application with the city. The application shall include drawings or other information showing the desired structure. Property owners must also provide evidence of the following:

(a)

Ownership rights in the real property.

(b)

Date ownership rights were acquired.

(c)

Whether the property owner has an existing use or vested rights in the property.

(d)

How the enactment of this ordinance [Ord. No. 13-754] placed an inordinate burden on the property owner's existing use or vested rights in the real property.

(e)

The extent and scope of the inordinate burden placed on the property owner's existing use or vested rights in the real property caused by the enactment of this ordinance [Ord. No. 13-754].

(3)

After the application has been deemed complete, the city commission shall schedule a public hearing to determine whether this ordinance [Ord. No. 13-754] has placed an inordinate burden on an existing use or vested rights in the real property. Notice of the public hearing shall be given in accordance with section 114-77(b) of this chapter.

(4)

If the city commission determines that the enactment of this ordinance [Ord. No. 13-754] has created an inordinate burden on an existing use or a vested right of the property owner, it is authorized to grant such relief from the ordinance that will allow the property owner to exercise the existing use or vested right in the property. The city commission is authorized to condition any relief granted in such a way as to protect the public interest served by this ordinance [Ord. No. 13-754]. The city commission shall issue a written order memorializing the variance and the order shall become effective upon its recordation in the public records of Manatee County.

(5)

If the city commission denies the requested variance, it shall issue a written order of denial and shall cite to the particular Code sections it relies on for the denial.

(6)

The terms "inordinate burden," "vested rights," "existing use," "real property," and "property owner" shall have the same meaning in this section as set forth in F.S. § 70.001.

(7)

The city commission is authorized to set a fee schedule by resolution for acceptance and processing of applications for variances as set forth in this section.

(8)

The variances authorized by this section are unavailable to any person who has not had a complete variance application accepted by the city as of June 26, 2014, or who has not filed a proper claim for relief pursuant to F.S. § 70.001, the Bert J. Harris, Jr. Private Property Rights Protection Act, by June 26, 2014.

(Ord. No. 13-754, § 4, 5-23-13; Ord. No. 14-774, § 2, 6-26-14)

(a)

Generally. Specific uses are either allowable in the C-1 district, allowable as accessory uses to the permitted principal use, or prohibited as incompatible with the intent and character of the district.

(b)

Permitted uses. Permitted uses are as follows: office uses and coin-operated or owner/attendant-operated retail and service uses, such as but not limited to the following:

(1)

Marinas;

(2)

Antique shops;

(3)

Nurseries for plants, shrubs and trees;

(4)

Beauty shops;

(5)

Barbershops;

(6)

Day nurseries for children;

(7)

Restaurants;

(8)

Light repair businesses such as lawn equipment, electronic and computer repairs;

(9)

Tailoring, dressmaking, alteration and clothing repair shops;

(10)

Arts, crafts and hobby shops;

(11)

Office buildings, art gallery and art studios, classroom work in art, crafts and hobbies. Articles created or fabricated in connection with such activity may be sold;

(12)

Pet shops;

(13)

Small animal clinics (not including boarding);

(14)

Retail uses; and

(15)

Other uses similar in character and intensity;

(16)

Light food manufacturing such as bakery, confectioners and catering;

(17)

Ground level parking lots (site plan approval required);

(18)

Radio and television broadcasting studio.

(c)

Accessory uses. The following are allowed as accessory uses:

(1)

Classroom work in arts, crafts and hobbies. Articles created or fabricated in connection with such activity may be sold.

(2)

Outdoor storage, staging, assembly or erection of equipment directly accessory to the operation of the principal permitted use on the premises; provided, however, that areas used for such purposes shall be completely screened from view with a fence six feet high and such storage shall not be within the front yard setback.

(d)

Prohibited uses. The following uses are prohibited:

(1)

Bowling alleys;

(2)

Drive-in operations of any kind;

(3)

Motels;

(4)

Residential uses;

(5)

Wholesale establishments;

(6)

Manufacturing establishments;

(7)

Car lots;

(8)

Commercial or industrial uses deemed obnoxious or detrimental to the public health, safety or welfare;

(9)

Outdoor storage, staging, assembly or erection of equipment or merchandise, except as a direct accessory use in the operation of a permitted business on the premises;

(10)

Amusement arcades, including any structure containing any machine where points or coupons are received and any machine that may be construed as a gambling device under Florida Law;

(11)

Outdoor flea markets or outdoor sales complexes except by special event permit only;

(12)

Newspaper printing;

(13)

Adult entertainment establishments;

(14)

Taverns;

(15)

Radio and television broadcast antennas;

(16)

Swimming pools;

(17)

It shall be unlawful for any person to land or operate any aircraft, including helicopters, within the city limits of the commercial district of the City of Anna Maria. Nothing in this section shall, however, be construed to prohibit emergency landings, landing by the U.S. Coast Guard, or other governmental agencies, landing for medical emergencies, and landings by law enforcement officers in the performance of their law enforcement duties; and

(18)

Secondhand appliance stores.

(Ord. No. 96-549, § 1(3.03.01), 2-16-96; Ord. No. 03-610, § 5, 1-22-04; Ord. No. 12-740, § 6, 4-26-12; Ord. No. 12-742, § 5, 8-23-12)

Lot, yard, bulk and parking regulations for the C-1 district are as follows:

(1)

Minimum dimensions. Minimum dimensions are as follows:

a.

Area: 5,000 square feet.

Lots shall have a minimum of 50 feet of frontage on a single public street. Properties taking access via an approved private street, easement or other non-public access, which approved access was in existence prior to January 1, 2007, may continue to use the approved access. The existence of the access may be shown by reference to a deed or other legal document clearly showing the access was in existence and in use prior to January 1, 2007.

(2)

Lot coverage. Maximum coverage is as follows:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface, not including building coverage: 20 percent.

(3)

Height of buildings and structures. No building or structure or part thereof shall exceed 37 feet as measured from the crown of the road to the highest point of the roof. Where property adjoins two or more streets, the reference street level shall be the highest street level adjoining the property. Building and structures are limited to two usable floors and shall be:

a.

One-story ground level retail;

b.

One-story elevated office/retail; or

c.

Two-story ground level retail.

(4)

Setback requirements.

a.

Dimensions. Setback requirements are as follows:

Refer to sections 70-1, setback definition, and measurement of setbacks, 114-422, for additional information.

b.

Rear yard landscaping requirements. Approved landscaping in accordance with section 114-420 will be required at the rear of improved properties to screen adjacent residential areas.

c.

Waterfront setback for marina uses. Marina uses which are required by their function to be immediately proximate to the water's edge are permitted within the required setback.

d.

Access for emergency personnel. These side setback areas must be kept clear of any form of obstruction at all times so that safe and convenient passage of police or firefighters or other emergency personnel will be constantly maintained. All fencing within the side yard must contain an unlocked access gate.

(5)

Off-street parking. See chapter 90 and chapter 91. All off-street parking shall comply with the city's ordinances and the laws of the state and regulations of all applicable governmental agencies.

(Ord. No. 96-549, § 1(3.03.02), 2-16-96; Ord. No. 02-601, § 5, 1-28-03; Ord. No. 06-662, § 7, 3-22-07; Ord. No. 09-700, § 2, 4-23-09; Ord. No. 12-742, § 6, 8-23-12)

(a)

Generally. Specific uses are either allowable in the ROR district, allowable as accessory uses to the permitted principal use, or prohibited as incompatible with the intent and character of the district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings; provided, however that such dwellings shall have a maximum over-night occupancy of two persons per bedroom, plus two people, with a maximum over-night occupancy of eight persons, when such dwelling is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. The occupancy limit shall not apply when the dwelling is occupied by the owner of the dwelling. The occupancy limit shall also not apply to dwellings for which a site plan was approved by the city commission and/or the planning and zoning board; provided, however, that such exemption shall no longer apply if a site plan is amended after the effective date of this ordinance, or if there is a change in ownership, interior modifications, alterations, or demolition. Note: Single-family detached dwellings may only comprise up to 60 percent of the land area within the ROR land use category.

(2)

Office, retail and service uses, such as but not limited to the following:

a.

Radio and television broadcasting studio;

b.

Antique shops;

c.

Nurseries for plants, shrubs and trees;

d.

Beauty shops;

e.

Barbershops;

f.

Day nurseries for children;

g.

Restaurants;

h.

Light repair businesses such as lawn equipment, electronic and computer repairs;

i.

Tailoring, dressmaking, alteration and clothing repair shops;

j.

Arts, crafts and hobby shops;

k.

Office buildings, art gallery and art studios, classroom work in art, crafts and hobbies. Articles created or fabricated in connection with such activity may be sold;

l.

Pet shops;

m.

Small animal clinics (not including boarding);

n.

Retail uses;

o.

Other uses similar in character and intensity;

p.

Light food manufacturing such as confectioners and catering;

q.

Parking lots (site plan approval required); and

r.

Dog agility and training facility provided such center shall be limited to a maximum of six dogs, shall only operate between the hours of 8:00 a.m. to 7:00 p.m., and all dogs will be supervised at all times.

(3)

One residential unit above the ground floor over a permitted retail/service or office use, provided that:

a.

There is only one residential unit per lot or per structure;

b.

There is provision of separate entrances for residential and commercial uses;

c.

Separate parking is reserved for residential uses;

d.

Structures existing as of the date of the ordinance from which this chapter is derived may be converted to mixed residential and nonresidential use even if such residential use is located on the ground floor. There shall be no interconnecting doors or other access between the residential and nonresidential uses; and

e.

Such residential unit shall have a maximum over-night occupancy of two persons per bedroom, plus two people, with a maximum over-night occupancy of eight persons, when such unit is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. The occupancy limit shall not apply when the unit is occupied by the owner of the unit. The occupancy limit shall also not apply to units for which a site plan was approved by the city commission and/or the planning and zoning board; provided, however, that such exemption shall no longer apply if a site plan is amended after the effective date of this ordinance, or if there is a change in ownership, interior modifications, alterations, or demolition.

(c)

Accessory uses. The following are allowed as accessory uses:

(1)

Outdoor storage of equipment directly accessory to the operation of the principal permitted use on the premises; provided, however, that areas used for such purposes shall be completely screened from view with a fence six feet high from the ground and such storage shall not be within the front yard setback.

(2)

Swimming pools as an accessory use. There shall be only one swimming pool per lot containing a residential unit. The swimming pool shall be for the use of the residential unit only and shall not be for any commercial activity.

(3)

Classroom work in arts, crafts and hobbies. Articles created or fabricated in connection with such activity may be sold.

(d)

Prohibited uses. The following uses are prohibited:

(1)

Bowling alleys;

(2)

Drive-in operations of any kind;

(3)

Motels;

(4)

Wholesale establishments;

(5)

Manufacturing establishments;

(6)

Car lots;

(7)

Commercial or industrial uses deemed obnoxious or detrimental to the public health, safety or welfare;

(8)

Outdoor storage, staging, assembly or erection of equipment or merchandise, except as a direct accessory use in the operation of a permitted business on the premises, except as permitted as an accessory use;

(9)

Amusement arcades containing three or more coin-operated machines;

(10)

Outdoor flea markets or outdoor sales complexes except by special event permit only;

(11)

Newspaper printing;

(12)

Adult entertainment establishments;

(13)

Taverns;

(14)

Radio and television broadcast antennas; and

(15)

It shall be unlawful for any person to land or operate any aircraft, including helicopters, within the city limits of the residential/office/retail district of the City of Anna Maria. Nothing in this section shall, however, be construed to prohibit emergency landings, landing by the U.S. Coast Guard, or other governmental agencies, landing for medical emergencies, and landings by law enforcement officers in the performance of their law enforcement duties.

(Ord. No. 96-549, § 1(3.04.01), 2-16-96; Ord. No. 03-610, § 8A, 1-22-04; Ord. No. 08-687, § 2, 5-29-08; Ord. No. 09-697, § 2, 2-12-09; Ord. No. 12-742, § 7, 8-23-12; Ord. No. 16-812, § 1, 5-26-2016)

Lot, yard, bulk and parking regulations for the ROR district are as follows:

(1)

Minimum dimensions. Minimum dimensions are as follows:

* Residential lot depth may be adjusted so long as minimum area requirements are complied with and lot width is at least 50 feet of frontage on a public road or approved private access.

(2)

Allowable lot coverage and living area ratio (LAR).

a.

The LAR shall not exceed 40 percent for any lot or parcel area up to 15,000 square feet, plus 35 percent for that area of the lot or parcel between 15,001 square feet to 21,000 square feet, plus 30 percent for that area of the lot or parcel over 21,000 square feet. For structures 27 feet in height or less, no more than 50 percent of the total living area ratio may be located on a second living level. For structures greater than 27 feet in height, no more than 33 percent of the total living area ratio may be located on a second living level.

b.

Maximum impervious surface including building coverage: 40 percent of the lot or parcel. The stormwater provisions of chapter 102 must be met.

c.

Minimum open space: Five percent of the lot or parcel (see definitions section).

(3)

Height of building and structures. No building or structure or part thereof shall exceed 37 feet as measured from the crown of the road to the highest point of the roof. Where property adjoins two or more streets, the referenced street level shall be the highest street level adjoining the property.

Building and structures are limited to three usable floors and shall be:

a.

One-story ground level office/retail;

b.

One-story elevated office/retail;

c.

One-story ground level office/retail with one or two story residential;

d.

One-story elevated office/retail and one story residential;

e.

One-story ground level residential;

f.

One-story elevated residential; or

g.

Two-story elevated residential.

(4)

Setback requirements.

a.

Dimensions. Setback requirements are as follows:

Refer to sections 70-1, setback definition, and 114-422, measurement of setbacks, for additional information.

b.

Access for emergency personnel. These side setback areas must be kept clear of any form of obstruction at all times so that safe and convenient passage of police or firefighters or other emergency personnel will be constantly maintained. All fences located within the side yard must contain an unlocked access gate.

c.

Walls and fences; landscaping. Approved landscaping pursuant to section 114-420 will be required at the rear of improved properties to screen adjacent residential areas.

d.

Swimming pools. Swimming pools and hot tubs permitted after January 1, 2016 shall be counted as impervious surface coverage. Swimming pools and hot tubs permitted prior to January 1, 2016 and swimming pools and hot tubs included within the perimeter of the residence building, enclosed and under a conventional roof shall not be counted as impervious surface coverage. Waterfalls, fountain features and pool slides are prohibited. Permits may be issued for the repair or replacement of existing waterfalls, water features or pool slides. All impervious decking surrounding the pool and hot tub shall be counted as impervious surface coverage. Caged and uncaged swimming pools, hot tubs and the swimming pool and hot tub equipment shall be set back from the lot line or property line the minimum setback required for the particular yard with the exception of the side yard setback which shall be ten feet. Uncaged swimming pools located on through lots shall be set back a minimum of five feet from the adjoining lot line or property line if the pool is located in the street yard which does not contain the structure's main entrance. Pools permitted prior to January 1, 2016, shall be deemed as grandfathered related to the side yard setbacks. There shall be only one swimming pool per lot containing a residential unit. The swimming pool shall be for the use of the residential unit only and shall not be for any commercial activity.

(5)

Off-street parking. See chapter 90 and chapter 91. All off-street parking shall comply with the city's ordinances and the laws of the state and regulations of all applicable governmental agencies.

(Ord. No. 96-549, § 1(3.04.02), 2-16-96; Ord. No. 97-560, § 23, 4-22-97; Ord. No. 02-601, § 6, 1-23-03; Ord. No. 03-610, § 8B, 1-22-04; Ord. No. 06-665, § 2, 8-24-06; Ord. No. 06-662, § 8, 3-22-07; Ord. No. 08-687, § 3, 5-29-08; Ord. No. 09-697, § 3, 2-12-09; Ord. No. 11-716, § 2, 4-14-11; Ord. No. 11-719, § 11, 9-22-11; Ord. No. 12-742, § 8, 8-23-12; Ord. No. 13-754, § 5, 5-23-13; Ord. No. 15-801, § 3, 11-4-15; Ord. No. 15-804, § 2, 11-4-15; Ord. No. 16-810, § 1, 1-28-16)

(1)

Property owners of real property seeking to vary from the strict application of amendments to section 114-282 as enacted on May 23, 2013, may seek relief from the amendments pursuant to this section.

(2)

Property owners seeking variances shall file an application. The application shall include drawings or other information showing the desired structure. Property owners must also provide evidence of the following:

(a)

Ownership rights in the real property.

(b)

Date ownership rights were acquired.

(c)

Whether the property owner has an existing use or vested rights in the property.

(d)

How the enactment of this ordinance [Ord. No. 13-754] placed an inordinate burden on the property owner's existing use or vested rights in the real property.

(e)

The extent and scope of the inordinate burden placed on the property owner's existing use or vested rights in the real property caused by the enactment of this section.

(3)

After the application has been deemed complete, the city commission shall schedule a public hearing to determine whether this ordinance [Ord. No. 13-754] has placed an inordinate burden on an existing use or vested rights in the real property. Notice of the public hearing shall be given in accordance with section 114-77(b) of this chapter.

(4)

If the city commission determines that the enactment of this ordinance [Ord. No. 13-754] has created an inordinate burden on an existing use or a vested right of the property owner, it is authorized to grant such relief from the ordinance that will allow the property owner to exercise the existing use or vested right in the property. The city commission is authorized to condition any relief granted in such a way as to protect the public interest served by this ordinance [Ord. No. 13-754]. The city commission shall issue a written order memorializing the variance order and the order shall become effective upon its recordation in the public records of Manatee County.

(5)

If the city commission denies the requested variance, it shall issue a written order of denial and shall cite to the particular Code sections it relies on for the denial.

(6)

The terms "inordinate burden," "vested rights," "existing use," "real property," and "property owner" shall have the same meaning in this section as set forth in F.S. § 70.001.

(7)

The city commission is authorized to set a fee schedule by resolution for acceptance and processing of applications for variances as set forth in this section.

(8)

The variances authorized by this section are unavailable to any person who has not had a complete variance application accepted by the city as of June 26, 2014, or who has not filed a proper claim for relief pursuant to F.S. § 70.001, the Bert J. Harris, Jr. Private Property Rights Protection Act, by June 26, 2014.

(Ord. No. 13-754, § 6, 5-23-13; Ord. No. 14-774, § 3, 6-26-14)

(a)

Generally. Specific uses are either allowable in the PSP district, allowable as accessory uses to the permitted principal use, or prohibited as incompatible with the intent and character of the district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Public and private schools;

(2)

Government buildings and uses;

(3)

Nationally recognized churches and other places of worship;

(4)

Community centers, libraries, public museums, theaters (except drive-ins), and chambers of commerce;

(5)

Hospitals;

(6)

Police and fire stations;

(7)

Public service facilities such as pumping stations and telephone or electric substations operated as part of a public utility;

(8)

Shuffleboard courts, tennis courts, swimming pools or other facilities intended for outdoor or indoor recreation; and

(9)

Other uses similar in character and intensity.

(Ord. No. 96-549, § 1(3.05.01), 2-16-96; Ord. No. 12-740, § 7, 4-26-12)

Lot, yard, bulk and parking regulations for the PSP district are as follows:

(1)

Minimum dimensions. Minimum lot dimensions are as follows:

a.

Area: 5,000 square feet.

b.

Width: 50 feet.

c.

Depth: 100 feet.

(2)

Lot coverage. Maximum coverage is as follows:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface coverage: 60 percent.

(3)

Height of buildings and structures. No building or structure or part thereof shall exceed 37 feet as measured from the crown of the road to the highest point of the roof. Where property adjoins two or more streets, the reference street level shall be the highest street level adjoining the property. Where the adjoining street is paved, the reference level shall be the pavement. Where the adjoining street is unpaved, the reference level shall be a point four inches above the unpaved surface.

(4)

Setback requirements.

a.

Dimensions. Setback requirements are as follows:

All through lots shall have 20-foot setbacks from each street.

Refer to sections 70-1, setback definition, and 114-422, measurement of setbacks, for additional information.

b.

Additional side yard requirements.

1.

Buildings erected on more than one lot. In the case of a building erected on two or more adjoining lots, the structure may be continuous under one roof provided the required side line setbacks are observed at both extremities of the building.

2.

Protrusions from building walls. Walls of the buildings on either side of such walkway must be kept clear of all protruding obstacles up to a height of seven feet above ground level. Stairways, if any are provided where buildings adjoin such a walkway, must be completely recessed into the building.

c.

Rear yard landscaping requirements. Approved landscaping in accordance with section 114-420 will be required at the rear of improved properties to screen adjacent residential areas if no alley intervenes.

(5)

Off-street parking. See chapter 90 and chapter 91. All off-street parking shall comply with the city's ordinances and the laws of the state and regulations of all applicable governmental agencies.

(6)

Swimming pools. Swimming pools and hot tubs permitted after January 1, 2016 shall be counted as impervious surface coverage. Swimming pools and hot tubs permitted prior to January 1, 2016 and swimming pools and hot tubs included within the perimeter of the residence building, enclosed and under a conventional roof shall not be counted as impervious surface coverage. Waterfalls, fountain features and pool slides are prohibited. Permits may be issued for the repair or replacement of existing waterfalls, water features or pool slides. All impervious decking surrounding the pool and hot tub shall be counted as impervious surface coverage. Caged and uncaged swimming pools, hot tubs and the swimming pool and hot tub equipment shall be set back from the lot line or property line the minimum setback required for the particular yard. Uncaged swimming pools located on through lots shall be set back a minimum of five feet from the adjoining lot line or property line if the pool is located in the street yard which does not contain the structure's main entrance. There shall be only one swimming pool per lot containing a residential unit. The swimming pool shall be for the use of the residential unit only and shall not be for any commercial activity.

(Ord. No. 96-549, § 1(3.05.02), 2-16-96; Ord. No. 02-601, § 7, 1-23-03; Ord. No. 03-610, § 6, 1-22-04; Ord. No. 11-719, § 12, 9-22-11; Ord. No. 15-804, § 3, 11-4-15; Ord. No. 16-824, § 1, 12-8-16)

(a)

Generally. Specific uses are either allowable in the PRA district, allowable as accessory uses to the permitted principal use, or prohibited as incompatible with the intent and character of the district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Municipal parks and playgrounds;

(2)

Shuffleboard courts, tennis courts, swimming pools or other facilities, not used for commercial purposes, and intended for outdoor or indoor recreation; and

(3)

Youth activity centers not used for commercial purposes.

(4)

Community centers.

a.

The city shall be notified in writing no less than one week in advance of events at the Anna Maria Island Community Center facility if more than 200 attendees are expected at any single time at the facility.

b.

The city shall be notified in writing no less than one week in advance of events at the Anna Maria Island Community Center facility if alcoholic beverages will be served during the event.

(Ord. No. 96-549, § 1(3.06.01), 2-16-96; Ord. No. 08-685, § 2, 4-24-08)

Lot, yard, bulk and parking regulations for the PRA district are as follows:

(1)

Minimum dimensions. Minimum lot dimensions are as follows:

a.

Area: 5,000 square feet.

b.

Width: 50 feet.

c.

Depth: 100 feet.

(2)

Lot coverage. Maximum coverage is as follows:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface coverage: 60 percent.

(3)

Height of buildings and structures. No building or structure or part thereof shall exceed 37 feet as measured from the crown of the road to the highest point of the roof. Where property adjoins two or more streets, the reference street level shall be the highest street level adjoining the property. Where the adjoining street is paved, the reference level shall be the pavement. Where the adjoining street is unpaved, the reference level shall be a point four inches above the unpaved surface.

(4)

Setback requirements.

a.

Dimensions. Setback requirements are as follows:

All through lots shall have 20-foot setbacks from each street.

Refer to sections 70-1, setback definition, and measurement of setbacks, 114-422, for additional information.

b.

Additional side yard requirements.

1.

Buildings erected on more than one lot. In the case of a building erected on two or more adjoining lots, the structure may be continuous under one roof provided the required side line setbacks are observed at both extremities of the building.

2.

Protrusions from building walls. Walls of the buildings on either side of such walkway must be kept clear of all protruding obstacles up to a height of seven feet above ground level. Stairways, if any are provided where business buildings adjoin such a walkway, must be completely recessed into the building.

c.

Rear yard screening requirements. A decorative block wall, approved fence or approved landscaping will be required at the rear of improved properties to screen adjacent residential areas if no alley intervenes.

(5)

Off-street parking. See chapter 90 and chapter 91. All off-street parking shall comply with the city's ordinances and the laws of the state and regulations of all applicable governmental agencies.

(Ord. No. 96-549, § 1(3.06.02), 2-16-96; Ord. No. 02-601, § 8, 1-28-03; Ord. No. 03-610, § 7, 1-22-04; Ord. No. 16-824, § 1, 12-8-16)

(a)

The CON-1 district is intended to limit development in areas considered vital to the maintenance of water resources, areas of unique or valuable topographic or subsurface features and areas of significant environmental or ecological importance. This district is intended to implement the conservation land use category identified in the city's comprehensive plan.

(b)

Areas within the CON-1 district should be either preserved or conserved, depending on conditions existing on the lot, and as regulated as set out herein. Land within the CON-1 district may be appropriate for single-family residential development and related passive recreational facilities in limited circumstances. Limited areas for permitted and accessory single-family residential development and related passive recreational facilities shall be determined by delineating the extent and location of the coastal dune vegetative communities on the lot or parcel recognizing the sensitive nature of the land while also allowing limited traditional residential and recreational use of the area. Actual determination as to the extent development may be allowed on such lands zoned CON-1 will be determined on a case-by-case basis under the regulations included in this division. The intent of the CON-1 conservation district is to limit placement of any development in such a way as to avoid adverse impact upon the coastal vegetated communities within the lot or parcel. Additionally, any development within a buildable area as further described herein shall be located as far landward as is feasible on the lot or parcel.

(Ord. No. 96-549, § 1(3.07.00), 2-16-96; Ord. No. 12-740, § 8, 4-26-12)

(a)

Coastal dunes provide the first defense against wind and waves.

(b)

Coastal dune vegetation, including salt-tolerant plant species such as sea oats, railroad bind, searocket and seagrapes, aid in stabilizing beach and dune systems and promoting wildlife habitat areas.

(c)

A protected coastal dune system prevents damage to property located inland of the dune system.

(d)

A coastal dune system contributes to the aesthetic quality and recreational aspects of the city's beaches.

(Ord. No. 96-549, § 1(3.07.01), 2-16-96)

(a)

Development and development activity within the CON-1 district shall be based upon a determination that the property contains a buildable area appropriate for the proposed development or development activity. The owner of property included within the CON-1 conservation district shall submit a determination of the buildable area to the city building official for approval. In addition to the survey requirements of section 74-63 (e), the determination of the buildable area as applied to the lot or parcel in question shall include a narrative report and map showing:

(1)

A delineation of the extent and general location of the coastal dunes on the site;

(2)

A description of the coastal vegetated communities on the site, and their location; and

(3)

A delineation of the coastal construction control line on the site.

(b)

The map shall be prepared by a professional with a degree in coastal management or coastal zone management or a similar discipline.

(c)

The delineation and description of the buildable area shall be reviewed and approved by the City of Anna Maria based on the following criteria:

(1)

The buildable area will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water;

(2)

The buildable area will not result in removal or disturbance of any sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures;

(3)

The buildable area will not cause a significant adverse impact to marine turtles, for the coastal system.

(d)

The city is authorized and shall hire consultants to review the mapping and description for compliance with this part. The building official is authorized to charge the applicant a reasonable fee intended to reimburse the city for its expenses in administering this ordinance, such fee to be collected at time of application for determination of building area.

(e)

The delineation and description report must first be received and approved by the City of Anna Maria establishing the buildable area prior to the City of Anna Maria issuing any letters for the state department of environmental protection's review.

(f)

The approved delineation and description report shall only be valid for 12 months from the date of the city's approval of a determination of the buildable area. Requests for a letter of no objection related to FDEP permitting shall occur within 12 months of receiving a determination of buildable area from the city. Prior to the expiration date, one extension of time, for a period of not more than 90 days, may be allowed by the building official provided the extension is requested by the property owner and is sworn in writing stating the justifiable cause and noting that the delineation and description report is still accurate as determined by the city.

(g)

Any determination of a buildable area received by the City of Anna Maria prior to the effective date of this Ordinance, may be used in determining the buildable area provided the criteria in section 114-343(c) was utilized.

(Ord. No. 96-549, § 1(3.07.02), 2-16-96; Ord. No. 12-740, § 9, 4-26-12; Ord. No. 22-896, § 1, 6-9-22)

(a)

Permitted uses and activities. Permitted uses and activities in the CON-1 district are as follows:

(1)

Maintenance and repair of existing structures or improved areas providing no expansion of such structure or improved areas occurs.

(2)

Dune walkovers.

(3)

Sand fences or other dune restoration devices constructed by the city.

(4)

Nature trails.

(5)

Beach access.

(6)

Beach renourishment projects permitted pursuant to federal, state, county and city laws or ordinances.

(7)

Single-family detached dwellings within the buildable area as determined under the regulations of section 114-343.

(8)

Swimming pools as an accessory use within the buildable area as determined under the regulations of section 114-343.

(9)

Wood decking that is accessory to the principal structure within the buildable area as determined under the regulations of section 114-343.

(10)

Mono-post structures, including umbrellas, antennas or light posts, which are accessory to a principal structure within the buildable area as determined under the regulations of section 114-343.

(Ord. No. 96-549, § 1(3.07.03), 2-16-96; Ord. No. 01-593, § 1, 12-13-01; Ord. No. 12-740, § 10, 4-26-12)

Development in areas identified as being within the CON-1 district shall be subject to the following provisions:

(1)

Structures shall be so located as to minimize adverse impacts upon existing coastal dune vegetative communities.

(2)

Sand may be deposited onto land in the CON-1 district only when:

a.

Such sand is compatible in grain size and texture with the existing beach and dune sands.

b.

Deposit of sand does not damage coastal dune vegetation.

Developments located on nonhardened shorelines shall use native coastal dune vegetation for beach stabilization.

(3)

Any development seaward of the coastal construction control line (CCCL) must be approved by the state and all other agencies with jurisdiction.

(4)

Notwithstanding subsections (1) through (3) of this section, a platted lot or parcel wholly or partially contained within the CON-1 district may be used for a single-family homesite, but only under the following conditions:

a.

The platted lot or parcel must have been existing on or before April 12, 2012. Existence may be shown by reference to a deed or subdivision plat showing that the particular property existed as a separate and wholly described piece of property recorded in the public records of the county prior to such date.

b.

The building envelope proposed for the lot or parcel shall be set the maximum amount of distance from any existing dune.

c.

A platted lot or parcel existing on or before April 12, 2012, and which was approved in accordance with subsection 114-345(4)(a), or its predecessors ordinances or laws, may be reconfigured provided the density is not increased and, provided such reconfiguration is processed and approved pursuant Chapter 108, Subdivisions.

d.

All proposed development for such lot or parcel shall be processed in accordance with this division and other provisions of this chapter.

(Ord. No. 96-549, § 1(3.07.04), 2-16-96; Ord. No. 12-740, § 11, 4-26-12)

Lot, yard, bulk and parking regulations for the CON-1 district are set forth in section 114-222 of the residential district. For lots or parcels which contain both the R-1 or R-2 and the CON-1 districts, the entire lot or parcel may be used in determining setbacks, building coverage and lot coverage requirements. If the determination of the buildable area requires a greater setback then required by section 114-222, the more restrictive shall apply.

(Ord. No. 12-740, § 12, 4-26-12)

The CON-2 district is intended to severely limit development in areas containing beach sands or mangrove flats in light of the environmental sensitivity of these areas and their vulnerability to the adverse effects of tropical storms. It is the intent of this district to limit uses in the area to open space or low intensity uses.

(Ord. No. 96-549, § 1(3.08.00), 2-16-96)

Editor's note— Ord. No. 12-740, adopted April 26, 2012, renamed the E-2, Conservation District the CON-2 Conservation District. To reflect this change, the use of "E-2" has been changed to "CON-2" in § 114-361, at the editor's discretion.

(a)

Generally. Specific uses are either allowable in the district or allowable as a special exception.

(b)

Permitted uses. Conservation uses are permitted.

(c)

Authorized special exception uses. The following are allowable as special exception uses:

(1)

Boat docks, piers and shelters (commercial or noncommercial); and

(2)

Public or private parks, playgrounds and recreational facilities.

(d)

Criteria for approval of special exception uses. In addition to the considerations required of a development plan, the planning and zoning board and city commission shall consider the following factors when they deliberate the approval of a special exception in the CON-2 conservation district:

(1)

That the proposed project not be injurious to the neighborhood or to adjoining properties.

(2)

That, if the proposed project will result in adverse environmental effects, such effects are mitigated to the maximum extent feasible; and that such adverse effects are justified by the public benefits to result from the development of the proposed project.

(Ord. No. 96-549, § 1(3.08.01), 2-16-96; Ord. No. 12-740, § 13, 4-26-12)