Apalachicola City Zoning Code

ARTICLE III

- ZONING

Sec. 111-249. - Establishing district.

(a)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby declared to be part of this code.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in article III, division 2 of the Land Development Code of the City of Apalachicola, Florida," with the date of adoption of this development code.

(c)

If, in accordance with the provisions of this code and F.S. ch. 163, changes made in district boundaries or other matter portrayed on the official zoning map shall be made promptly after amendments have been approved by the city commission, together with an entry as follows: "On ____ (date), by official action of the city commission, the following changes were made in the official zoning map: __________ (brief description of nature of change), which entry shall be signed by the mayor and attested by the city clerk. No amendment to the code, which involves matter portrayed on the official zoning map, shall become effective until after such change and entry has been made on said map.

(d)

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map in the office of the city clerk shall be the final authority as to current zoning status of lands, buildings and other structures in the city.

(LDC, art. IV, § A)

Sec. 111-250. - Rules for interpreting boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

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

(2)

Boundaries indicated, as approximately following platted lot lines, shall be construed as following lot lines.

(3)

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

(4)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (3) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(5)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by the rules above, the board of adjustment shall interpret the district boundaries.

(LDC, art. IV, § B)

Sec. 111-267. - Schedule of district regulations.

List of Districts shall be as follows:

(1)

R-1 single-family residential.

(2)

R-2 multifamily residential.

(3)

R-3 mobile home residential.

(4)

R-4 mixed use residential.

(5)

O/R office residential.

(6)

C-1 general commercial.

(7)

C-2 neighborhood commercial.

(8)

C-3 highway commercial.

(9)

C-4 riverfront commercial.

(10)

RF riverfront.

(11)

R/C research/conservation.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-268. - R-1 single-family residential.

(a)

District intent. To provide for the accommodation of low-density residential development in areas predominately occupied by single-family detached dwellings. And where appropriate, to allow certain educational, religious, recreational and public activities compatible with the general characteristics of the district.

(b)

Permitted uses and structures.

(1)

Principal. Single-family residential.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures and not of a commercial nature, including private garages, tool sheds, kitchen gardens and the like. Accessory structures may not be used for residential purposes.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions, subject to referenced development standards:

(1)

Utilities substations.

(2)

Churches.

(3)

Schools.

(4)

Hospitals and clinics (prohibited in velocity zones as shown on the flood insurance rate maps).

(5)

Two-family residential.

(6)

Parks and playgrounds.

(7)

Residential apartment units in existing single-family structures (see subsection (f) of this section).

(8)

Public facilities and structures.

(9)

Home occupations.

(d)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Travel trailers.

(5)

Any structure or use of a nature not specifically or provisionally permitted herein.

(e)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions except for two-family and home occupations.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building size. Single-family dwelling: 800 square feet.

(3)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures, five feet for accessory structures.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Location of accessory structures. Location of accessory structures in residential districts: In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards.

(2)

Parking regulations. See section 111-288.

(3)

Special exceptions. Unless otherwise specified, special exceptions must comply with development standards as referenced. If deemed appropriate by the planning and zoning board in order to grant a special exception, certain more stringent standards may be imposed.

(4)

Submerged lands. In cases where building lots are adjacent to and contiguous with wetlands, a setback of 20 feet from jurisdictional wetlands shall replace conflicting lot line setbacks. This setback shall consist of a vegetative buffer.

(5)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception provided that the lot upon which the structure is located has a front lot line of at least 90 feet and depth of 100 feet and provided that at least one parking space per apartment unit is provided on-site.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-269. - R-2 multifamily residential.

(a)

District intent. To provide for the accommodation of medium-to-high density, multifamily dwelling units. And where appropriate, to allow for certain educational, religious, recreational and public needs compatible with the general characteristics of the district.

(b)

Permitted uses and structure.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

(2)

Accessory. Accessory uses and structure customarily incidental and subordinate to permitted principal uses and structure and not of a commercial nature, including private garages, tool sheds, kitchen gardens and the like.

(3)

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Assisted living facilities.

Public facilities and structures.

Residential apartment units in existing single-family structure (see subsection (e) of this section).

(c)

Prohibited uses and structure.

(1)

Mobile homes or house trailers on vacant lots or in residential yards.

(2)

Any structure or use of a nature not specifically or provisionally permitted herein.

(3)

Travel trailers.

(d)

Development standards. Minimum lot or site size shall be as follows:

(1)

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Two family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(3)

Townhouses.

Area.

Site size: 9,000 square feet.

Individual lot size: 1,800 square feet. per dwelling unit.

Maximum building grouping: ten units or 200 feet.

Minimum building grouping: three units or 48 feet.

Width.

Site: 90 feet.

Individual lot: 16 feet.

Depth:

Site: 100 feet.

Individual lot: none.

(4)

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

Minimum building size.

Single family dwelling: 800 square feet.

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

(i)

Single family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(ii)

Two family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(iii)

Townhouses: For four or fewer attached townhouses the same as for single family. For five or more attached townhouses the same as for multifamily.

(iv)

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

Maximum building restrictions.

Lot coverage: 40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures. Location of accessory structures in residential districts: in residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards.

(2)

Parking regulations. See section 111-288.

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 600 square feet.

Maximum of 20 dwelling units per acre at total build-out.

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite.

(f)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-270. - R-3 mobile home residential.

(a)

District intent. To provide for the accommodation of medium-to-high density, multifamily dwelling units, as well as to allow for the location of mobile and module homes within city limits. And, where appropriate, to allow for certain educational, religious, recreational and public needs compatible with the general characteristics of the district.

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

Mobile and modular homes constructed in accordance with the Florida Building Code.

(2)

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions.

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Cemeteries.

Public facilities and structures.

Mobile home parks (see site plan requirements).

Parks and playgrounds.

Child care centers.

(c)

Prohibited uses and structures. Any structure or use of a nature not specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family and day care centers.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Townhouses.

Area:

(i)

Site size: 9,000 square feet.

(ii)

Individual lot size: 1,800 square feet per dwelling unit.

(iii)

Maximum building grouping: ten units or 200 feet.

(iv)

Minimum building grouping: three units or 48 feet.

Width:

(i)

Site: 90 feet.

(ii)

Individual lot: 16 feet.

Depth:

(i)

Site: 100 feet.

(ii)

Individual lot: none.

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

Single-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Two-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Townhouses: for four or fewer attached townhouses, the same as for single-family. For five or more attached townhouses, the same as for multifamily.

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage.

40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures in residential districts. In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards.

(2)

Review requirements for mobile home parks.

Mobile home park site plan requirements: as a special exception, mobile home parks are allowed in this district when the developer meets the following requirements:

Submit a site plan.

Submit a department of environmental regulation permitted stormwater management plan.

The park must be hooked up to the city's central water and sewer.

Submit a copy of park regulations that require:

(i)

Under skirting;

(ii)

Limit on accessory buildings.

A mobile home park may have a greater density up to one unit per 4,500 square feet, with minimum lot width of 50 feet, minimum lot depth of 90 feet, provided that:

All of the above requirements are met.

The planning and zoning board is satisfied that because of the layout of the park, the increased density will not have a negative effect on the character of the area.

All parks require a 20-foot landscaped area adjacent to public streets which shall be attractive and maintained at all times. This required buffer may be included within a required setback.

(3)

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 500 square feet.

Maximum of 20 dwelling units per acre at total build-out.

(4)

(5)

Parking regulations. See section 111-288.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-271. - R-4 mixed use residential.

(a)

District intent. To provide for a mixture of compatible residential and commercial uses in areas where such development already exists or has historically occurred. This district shall occur in the area shown as residential mixed use on the Official Land Use Map of Apalachicola.

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Laundromats.

Monument companies.

Retail food and grocery.

Retail drug stores.

Retail hardware.

Retail variety stores.

Retail specialties.

Retail small appliances.

Upholstery.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Utilities substations.

Child care centers.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Churches.

Schools.

Residential apartment units.

Funeral homes.

Utilities substations.

(c)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Travel trailers.

(3)

Junkyards.

(4)

Any structures or uses not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures.

Five feet for accessory structures.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures. No accessory structures shall be located in required front or side yards.

(2)

Parking regulations. See section 111-288.

(3)

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-272. - O/R office residential.

(a)

District intent. The provisions of the O/R district are intended to apply to areas with a specialized intensive residential character wherein a variety of housing types and compatible limited non-retail commercial, education, religious, recreation uses are permitted. This district shall occur in that area shown as office residential on the Official Land Use Map of Apalachicola.

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Studios and galleries for photography, music, art, dance, vocal and drama.

Medical offices and services.

Bed and breakfasts.

(2)

Accessory. Accessory uses and structures are considered incidental and subordinate to permitted principal and approved special exception uses and structures. Habitable accessory uses are not permitted. All accessory uses must be approved by special exception. Accessory uses are subject to the following requirements: the accessory use must be subordinate to the principal use; must be related to the principal use; is not a separate commercial or retail business; does not require separate signage; and does not increase traffic or parking beyond the principal use requirements. Additional restrictions governing accessory uses, including, but not limited to, size and parking may be determined by the planning and zoning board.

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Funeral homes.

Utilities substations.

Hospitals and clinics.

Public buildings.

Cemeteries.

Churches and church-sponsored businesses.

Schools.

Residential apartment units.

Child care centers.

(c)

Prohibited uses and structures.

(1)

Mobile homes or housetrailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Any structure or use not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Special exceptions. Unless otherwise specified, special exceptions must comply with development standards for principal uses. If deemed appropriate by the planning and zoning board in order to grant a special exception, certain more stringent standards may be imposed. Any accessory use proposed as part of a special exception request must meet the following conditions: must not be for habitable purposes, must be subordinate to the principal use; must be related to principal use; is not a separate commercial or retail business; does not require separate signage and does not increase traffic or parking beyond the principal use requirements. Additional restrictions concerning accessory uses, including, but not limited to, size and parking may be determined by the planning and zoning board.

(3)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and depth of 100 feet, and provided that at least one parking space per apartment unit is provided on-site.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-273. - C-1 general commercial downtown.

(a)

District intent. The provisions of the C-1 District are intended to apply to areas that serve a wide variety of commercial needs of the community. This district accommodates certain residential and bed and breakfast applications, but these uses must accept existing commercial uses in the district and accept overall general commercial noise, traffic, smells, etc. (nuisances notwithstanding). Because all of the C-1 district falls within the historic district, it is the district intent that all development within the district have an aesthetic compatibility with the nature of the historic downtown.

(b)

Permitted uses and structures.

(1)

Principal.

Retail establishments.

Eating and drinking establishments.

Offices, studios.

Financial institutions.

Service establishments.

Hotel, motels.

Private clubs.

Public buildings.

Trade schools.

Funeral homes.

Utilities substations.

Indoor amusements.

Indoor theaters.

Repair services (small items).

Printing and publishing.

Child care centers.

Laundromats.

Retail package stores.

Light manufacturing and assembly.

Boat sales and service/marine retail.

Retail and wholesale seafood establishments.

Museums, galleries.

One single-family dwelling, one apartment, or one residential apartment unit per 2,400 square feet of lot when combined with a commercial establishment. All such residential units may not extend beyond the total foundation footprint (may include porches, but not parking spaces and/or driveways) of the first commercial floor. Further, the residential units will not be permitted on the ground floor nor shall first floor parking garages, storage units or drive-throughs be considered commercial endeavors. Commercial and residential units will not be connected within the building. Separate entrances must be provided. The commercial areas in mixed use will not be used as auxiliary storage or convenience spaces for residential uses above. Nonconforming uses will be subject to penalties as provided in division 5 of chapter 101 of this code. All first floor uses will be consistent with principal uses outlined above.

Medical offices/clinics.

Veterinary clinics.

Service stations/convenience stores. Note: light automotive repair is an acceptable use provided it is done in conjunction with a service station operation.

aa.

Stand-alone, single-family dwellings existing on the effective date of state department of economic opportunity's state register notice approving this provision.

bb.

Bed and breakfast units.

On an upper floor above a first floor commercial business, provided the bed and breakfast use is compatible with the first floor commercial use; or

On the first and/or upper floor of a stand-alone, single-family dwelling existing on the effective date of state department of economic opportunity's state register notice approving this provision, provided the requirements of section 111-293(18) are met.

On the ground floor of the properties located in the Transition Corridor Overlay District for C-1, provided all other requirements for Sec. 111-292 and Sec. 111-293 are met. The Transition Corridor Overlay District consists of all commercially zoned property in Lots 1-5 in Block 8, Lots 1-5 in Block 9 and Lots 1-5 in Block 10 and Lots 2-5 in Block 11, City of Apalachicola, Florida according to the map or plat thereof recorded in Plat Book M, Page 437, of the official records of Franklin County, Florida.

Note— Any change of use affecting intensity/density of use of land within this district will be subject to planning and zoning board review.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures. Accessory structures may not be constructed prior to principal use structures unless specifically identified as construction-related in nature. (Example: construction shed/workshop.) Accessory structures deemed to be construction-related in nature shall not be allowed to remain without a principal structure for a period of more than one year after a permit is issued.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit, as special exceptions: other commercial uses compatible with the principal uses.

(d)

Prohibited uses and structures.

(1)

Adult businesses.

(2)

All uses and structures not of a nature specifically or provisionally permitted and any uses which in the opinion of the planning and zoning board is likely to be incompatible, dangerous or offensive to existing permitted uses in the district.

(e)

Development standards.

(1)

Minimum lot or site size; principal uses.

Platted lot of record (in most cases 30 feet by 80 feet: 2,400 square feet) platted prior to 1991. Existing platted lot may not be subdivided to create smaller lots. All proposed development must provide for adequate parking space as required in section 111-288. All required off-street parking will be provided either on the same parcel of land as the principal building or structure or on a separate parcel located within 500 feet of the principal building or structure. Clustering of development when it occurs on multiple lots will be encourage so long as such proposed development meets applicable lot size, parking and stormwater requirements. See building setbacks in subsection (e)(2) of this section.

All proposed development must provide for adequate parking space as required in section 111-288. All required off-street parking would be provided either on the same parcel of land as the principal building or structure or on a separate parcel located within 500 feet of the principal building or structure.

(2)

Minimum building setbacks.

Front: zero feet.

Side, interior lot: none.

Side, corner lot: none.

Rear: zero feet.

(3)

Minimum building size.

Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 80 percent.

Permissible building height: 35 feet.

(5)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Special exceptions. Unless otherwise specified, special exceptions must comply with development standard for principal uses. If deemed appropriate by the planning and zoning board in order to grant a special exception, certain more stringent standards may be imposed. In particular, the planning and zoning board will consider compatibility of use in relation to adjacent properties when considering a special exception request. Any proposed use which is considered by the board to be incompatible with existing conforming use shall be grounds for denial of a special exception.

(3)

Sign regulations. See chapter 113.

(4)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater management plan.

(5)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to all lands within this district. Those areas within this district, which fall within the special waterfront district, are also subject to applicable regulations.

(6)

Sewer and water. All development within the C-1 general commercial district must be hooked up to the city water and sewer system.

(7)

Development adjacent to wetlands. According to the city comprehensive plan (Coastal Management Element: Policy 2.2) the city's land use regulations shall prohibit high-density development proposed for areas within the special waterfront district adjacent to the waters or wetlands of the state. Development on lots adjacent to waters/wetlands will be restricted to 60 percent lot coverage. Further, lots that fall within the special waterfront district, which are adjacent to waters or wetlands of the state, will maintain a 20-foot buffer (ten feet in RF). See section 111-276(f)(7) for applicable types of development allowed within the special waterfront district buffer.

(8)

Special waterfront district. Within the special waterfront district setback buffer (20-foot setback from the state waters/wetlands, ten feet in RF district), the only development allowed shall consist of docks, pervious walkways or elevated walkways. This setback shall otherwise consist of a natural vegetation buffer.

(LDC, art. IV; Ord. No. 2005-05, § I, 8-2-2005; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2019-05, 7-2-2019)

Sec. 111-274. - C-2 neighborhood commercial.

(a)

District intent. The provisions of the C-2 district are intended to apply to areas within convenient traveling distance to one or more neighborhoods wherein small groups or retail commercial, professional, office and financial and other conventional commercial activities are permitted. This district is not intended to accommodate large-scale commercial or service activities or automotive or other type of more intensive commercial activities.

(b)

Permitted uses and structures.

(1)

Principal.

Retail food and grocery.

Retail drug stores.

Retail hardwares.

Retail variety stores.

Retail specialties.

Retail small appliances.

Eating and drinking establishments.

Offices, studios.

Upholstery.

Laundromats.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Single-family.

Utilities substations.

Child care centers.

(2)

Accessory. Customary uses and structures clearly incidental to one or more permitted uses and structures including dwelling units for owners or employees of permitted principal uses, provided that no such accessory use shall be of a nature prohibited as a principal use.

(c)

Special exceptions. After public notice and hearing and appropriate conditions safeguards, the planning and zoning board may permit, as special exceptions the following:

(1)

Bed and breakfasts.

(2)

Indoor amusements (pool, billiard, similar uses).

(3)

Service stations (no repair facilities).

(4)

Two-family.

(5)

Residential apartment units.

(d)

Prohibited uses and structures.

(1)

Junkyards.

(2)

Mobile homes.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use of structure.

(5)

Large-scale commercial activities.

(e)

Development standards.

(1)

Minimum lot or site size. Single-family and other principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Single-family.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Other principal uses.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(f)

Maximum building restrictions.

(1)

Single-family.

Lot coverage: 40 percent.

Building height: 35 feet.

(2)

Other principal uses.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(g)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Sign regulations. See chapter 113.

(3)

(4)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided on-site; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided on-site.

(5)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 2011-03, § II, 7-5-2011; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-275. - C-3 highway commercial.

(a)

District intent. The provisions of the C-3 district are intended for areas suitable for light commercial and office development abutting arterial roads as defined in chapter 101. Special requirements addressing limitations placed on access are intended to minimize and control ingress and egress to arterial roadways and promote a smooth and safe traffic flow of the general traveling public. (See special requirements.)

(b)

Permitted uses and structures.

(1)

Principal.

Hotels, motels, and bed and breakfasts.

Restaurants.

Antique shops.

Business and professional offices.

Medical offices.

Social and fraternal clubs and lodges.

Repair services.

Financial, insurance, and real estate services.

Personal services (barber and beauty shops).

Utilities substations.

(2)

Accessory. Customary uses and structures clearly incidental to one or more permitted uses and structures including dwelling units for owners or employees of permitted principal uses provided that such accessory use shall not be of a nature prohibited as a principal use.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

(1)

Convenience stores.

(2)

Retail specialties.

(3)

Churches.

(4)

Service stations.

(5)

Single-family residential.

(6)

Two-family residential.

(d)

Prohibited uses and structures.

(1)

Mobile homes.

(2)

House trailers.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use and structure.

(5)

All uses and structures not of a nature specifically or provisionally permitted and any uses which in the opinion of the planning and zoning board is likely to be dangerous or offensive to permitted uses in the district, or those who pass on public ways, because of odor, smoke, noise, fumes, gas, fire, vibrations or emission of particulate matter or hazardous because or unusual danger of fire or explosion.

(e)

Development standards.

(1)

Minimum lot or site size. Principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setback.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(3)

Maximum building restrictions.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(4)

Applicable regulations.

Parking regulations. See section 111-288.

Sign regulations. See chapter 113.

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

Supplemental regulations.

Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-276. - C-4 riverfront commercial district.

(a)

District intent. The provisions of the C-4 district are intended to provide for the economic needs of the city residents by accommodating a variety of commercial land used along the Apalachicola River waterfront. This district accommodates certain upper floor residential and bed and breakfast applications, but these uses must accept existing commercial uses in the district and accept overall general commercial noise, traffic, smells, etc. (nuisances notwithstanding). No stand-alone, single-family dwelling shall be allowed.

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale building materials.

Automotive repair, sales and rental.

Veterinary hospitals, medical clinics and offices.

Light manufacturing and assembly.

Printing and publishing.

Boat sales and services.

Retail and wholesale activities.

Retail and wholesale seafood.

Ship repair yards with dry-dock facilities.

Marine supplies.

One single-family dwelling, one apartment, or one residential apartment unit per 2,400 square feet of lot when combined with a commercial establishment. All such residential units shall not extend beyond the total foundation footprint (may include porches, but not parking spaces and/or driveways) of the first commercial floor. Further, the residential units will not be permitted on the ground floor, nor shall first floor parking garages, storage units or drive-throughs be considered commercial endeavors. Commercial and residential units will not be connected within the building. Separate entrances must be provided. Upstairs residential use shall be compatible with the first floor commercial use.

Hotels, motels.

Eating and drinking establishments.

Offices/studios.

Museums/galleries.

Bed and breakfasts units, on an upper floor above a first floor commercial business. Upstairs bed and breakfast use shall be compatible with the first floor commercial use.

Note— Any change of use affecting any intensity/density of use of land within this district shall be subject to planning and zoning board review.

(2)

Accessory. Accessory structures customarily incidental and subordinate to permitted principal uses and structures shall not be constructed prior to principal use structures. The only exception to this provision is for a temporary construction trailer which houses materials and tools, construction trailers shall not be allowed to remain without a principal structure for a period of more than one year after a permit is issued.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions: other commercial uses compatible with the principal uses.

(d)

Prohibited uses and structures.

(1)

(2)

Adult businesses.

(e)

Development standards.

(1)

Minimum lot or site size. Principal uses: platted lot of record (in most cases 30 feet by 80 feet: 2,400 square feet) platted prior to 1991. Existing platted lot may not be subdivided to create smaller lots. All proposed development must provide for adequate parking space as required in section 111-288. All required off-street parking will be provided either on the same parcel of land as the principal building or structure or on a separate parcel located within 500 feet of the principal building or structure. Clustering of development when it occurs on multiple lots will be encourage so long as such proposed development meets applicable lot size, parking and stormwater requirements. See building setbacks in subsection (e)(2) of this section.

(2)

Minimum building setbacks.

Front: zero or the minimum distance required to provide elevated access to the building.

Side: five feet. Note: the minimum five-foot setback may be reduced to zero, provided appropriate fire safety standards (firewalls, etc.) are met.

Rear: zero or the balance between what is necessary to set back on the front and still meet a 20-foot overall setback from front/rear.

Note— It is the intent within this district to require the footprint of all new construction be flush with the front lot lines, as much as possible to encourage walking traffic. It is recommended that all new construction direct parking and vehicular access to the back of the building via alley/easement access.

It is understood that elevation requirements vary within the district and may not allow for adequate access to build to the front lot line; thereby, this provision would allow development to be set back the minimum required to provide such access. Elevated access, when applicable, shall be compatible with adjacent lot access.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(5)

Maximum building restrictions.

Lot coverage: 65 percent. See subsection (f)(6) of this section for additional requirements.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan and review by city engineers.

(2)

Special exceptions. Unless otherwise specified, special exceptions shall comply with development standards for principal uses. If deemed appropriate by the planning and zoning board in order to grant a special exception, certain more stringent standards may be imposed.

(3)

Parking regulations. See section 111-288.

(4)

Sign regulations. See chapter 113.

(5)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to all lands within this district. Those areas within this district which fall within the special waterfront district are also subject to applicable regulations.

(6)

Development adjacent to wetlands. According to the city comprehensive plan (Coastal Management Element: Policy 2.2) the city's land use regulations shall prohibit high-density development proposed for areas within the special waterfront district adjacent to the waters or wetlands of the state. Development on lots adjacent to waters/wetlands will be restricted to 60 percent lot coverage. Further, lots that fall within the special waterfront district, which are adjacent to waters or wetlands of the state, will maintain a 20-foot buffer (ten feet in RF). See subsection (7) of this section for applicable types of development allowed within the special waterfront district buffer.

(7)

(8)

Hotels/motels. See the sections 111-292 and 111-293 for specific development standards that apply to uses in this district.

(LDC, art. IV; Ord. No. 2006-01, 2-7-2006; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-277. - RF riverfront district.

(a)

District intent. To provide for a variety of uses along the city waterfront to meet the need for both water-dependent activities such as seafood-related and boating, with such water enhanced activities as tourism related and residential development. The area to be zoned as riverfront shall be limited to that which has traditionally served as the center of the city's economy. Furthermore, to guide the development in a manner consistent with the protection and conservation of the basic functions and productivity of the Apalachicola River/Bay systems.

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale seafood.

Ship repair yards and dry-dock facilities.

Marine supplies and bait shops.

Ice houses.

Marinas.

Restaurants.

Motels/hotels.

Recreation facilities.

Boat sales and service.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted uses and structures.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit, as special exceptions, the following:

(1)

Fuel dispensing devices.

(2)

Retail establishments, such as, but not limited to, gift shops, boutiques, and souvenir shops.

(3)

Drinking establishments.

(4)

Multifamily residential.

(5)

Single-family residential.

(6)

Utilities substations.

(d)

Prohibited uses and structures. All uses and structures not of a nature specifically or provisionally permitted.

(e)

Development standards.

(1)

Minimum lot or site size.

Principal uses other than residential.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Single-family.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Multifamily residential.

Area: 7,000 square feet platted.

Width: 100 feet.

Depth: 70 feet platted.

(2)

Minimum building setbacks.

Residential uses.

Front: none.

Side, interior lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Rear: ten feet from the river.

Other principal uses.

Front: none.

Side, interior lot: five feet. The minimum five-foot interior setback on one side may be reduced to zero, provided that at least a ten-foot setback is provided on the other side, the adjacent property owner agrees to build on the same interior lot line and to construct an adjoining wall, and both property owners file deed restrictions on the subject lots to ensure that development complies with this provision. The deed restriction shall be approved by the city attorney and may be released only upon approval by both property owners and the city commission.

Side, corner lot: five feet. The minimum five-foot interior setback on one side may be reduced to zero, provided that at least a ten-foot setback is provided on the other side, the adjacent property owner agrees to build on the same interior lot line and to construct an adjacent wall, and both property owners file deed restrictions on the subject lots to ensure that development complies with this provision. The deed restriction shall be approved by the city attorney and may be released only upon approval by both property owners and the city commission.

Rear: ten feet from the river.

(3)

Maximum building restrictions.

Lot coverage: 80 percent total lot coverage.

50 percent impervious lot coverage.

Permissible building height: 35 feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

Outdoor storage of waste and materials. No outdoor storage of waste or materials, other than oyster shells used in seafood processing, machine maintenance or solid waste shall occur within 50 feet of the Apalachicola River; and no discharge of such waste and materials shall occur into the river.

(2)

Stormwater management.

To ensure protection of the Apalachicola River/Bay system, all development in the RF district shall comply with the city stormwater management plan and site plan review, chapter 111, article I and chapter 115, article I. Stormwater shall be directed away from the river. All structures, with the exception of pile supported uninhabitable water-dependent structures such as docks, shall be setback a minimum of ten feet from the river and no impervious surfaces shall be placed within the setback.

In order to minimize stormwater contamination, all roof covering must be constructed of tin (metal) clay tile, slate, untreated wood, or a comparable material which will not contaminate runoff from the roof. No asbestos, asphalt or other petroleum-based material shall be used.

(3)

Residential development. Residential development in the RF district shall be limited to a total of one unit per 50 linear feet of river frontage for single family and one unit per 25 linear feet of river frontage for multifamily. Motel/hotel development shall be restricted to one unit per ten linear feet of river frontage. Conversion or use of hotel/motel units for permanent residences is prohibited.

(4)

Parking requirements. See section 111-288.

(5)

Seafood dealers and processors. Seafood dealers and seafood processors shall be exempt from the ten-foot setback from the river and shall also be exempt from the 50 percent maximum impervious surface requirement. Such developments are not exempt from state stormwater permitting or the provisions of article I of this chapter and article I of chapter 115.

(6)

Special exceptions. Unless otherwise specified, special exceptions must comply with the development standards for principal uses. If deemed appropriate by the planning and zoning board in order to grant a special exception, certain more stringent standards may be imposed.

(7)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(8)

Standards for marinas.

New enclosed boat basins shall be prohibited.

Docks shall extend out to water no less than four feet deep at mean low tide.

Dredging for new marinas shall be restricted to limited channels for launching boats.

Marinas must provide vehicular parking according to the standards set forth in section 111-288.

Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water.

All parking, dry storage and non-water-dependent facilities shall be built on existing uplands.

Marinas must have a hurricane plan which describes measures to be taken to minimize damage to marina sites, neighboring properties, and the environment. The hurricane plans must be filed and approved by the emergency management director and city building inspector.

All marinas shall be required to have sewage pump out facilities.

(LDC, art. IV; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-278. - R/C research conservation district.

(a)

District intent. To provide areas for the research, enjoyment and preservation of natural wetland systems within the jurisdiction of the city, and provide for facilities compatible with, and in support of such research, enjoyment and preservation, which require proximity to the area's natural systems.

(b)

Permitted uses and structures.

(1)

Principal.

Open space.

Scientific research facilities.

Educational facilities for natural observation and demonstration programs.

Facilities necessary for the regulation and support of public facilities.

Management facilities for federal, state or local research programs.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions: uses compatible and consistent with aforementioned principal uses.

(d)

Prohibited uses and structures.

(1)

Residential uses.

(2)

Commercial uses.

(3)

Industrial uses.

(e)

Development standards.

(1)

Minimum lot or site size.

Area: 8,000 square feet.

Width: 80 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 25 feet.

Side, interior lot: 15 feet.

Side, corner lot: 15 feet.

Rear: 20 feet.

(3)

Maximum building restrictions.

Lot coverage: 30 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Facilities and structures must be located on sides adjacent to existing roadway.

(3)

No development, except elevated pervious walkways, shall occur within 60 feet of marsh land, wetlands or mean high water. This 60 feet shall consist of a vegetated buffer.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115, shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-288. - In general.

(a)

Corner lots in residential districts are platted in such a manner as to change the normal yard pattern along either of the intersecting streets. The required front yard shall be provided across the end of the lot fronting on the street, and a yard measuring not less than 15 feet from the lot line, shall be provided along the full length of the lot on the side toward the intersecting street. No portion of any principal or accessory building shall encroach upon the setbacks of either the front or side yard fronting a street.

(b)

Visibility at intersections in residential districts. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such manner as materially to impede vision between a height of two and one-half feet (30 inches) and ten feet (120 inches) above the centerline grade of the intersecting street in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(c)

Alleys. Ten-foot alleys are intended to accommodate utility lines, such as water and sewer, and are not intended to support traffic. Ten-foot alleys are not to be used for ingress and egress.

(d)

Garages for sales, storage, repairs, and/or services; service stations; sales lot for new or used motor vehicles; parking lots and similar uses. The following limitations shall apply to commercial structures and uses involving the sale, storage, service, or repair of motor vehicles:

(1)

No public street, parking, sidewalk or way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments, except for normal permitted parking by individual private owners or operators of such vehicles.

(2)

No operation in connection with such establishments shall be conducted in a manner, which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

(3)

All motor vehicles being handled, stored or repaired by such operations shall be maintained in such conditions that they may be moved under their own power at any time except such vehicles as may be stored or under repair in garages or other buildings as provided below.

(4)

No repair of motor vehicles or parts thereof shall be made except within garages, service stations, body shops, or other enclosed buildings, provided for such purposes, and no storage of parts of motor vehicles shall be other than in an enclosed building.

(5)

No permit shall be issued for the erection of a garage for storage of more than five motor vehicles, or for service stations, or for conversion to such purposes of any premises not so used, on any portion of any lot or plot on which is located a school, a church, a theater or auditorium containing 100 or more seats, a public library, or a hospital or sanitarium.

(e)

Fences.

(1)

Requirements applying to all zoning districts and the historic district.

Application for approval of any new fence or material alteration of an existing fence must be made in the same manner as for authorization of a building permit with a full description of materials to be used, dimensions and placement clearly stated on the plans. It is not necessary for a landscape architect or engineer to draw or sign and seal the plans.

Fences shall be erected on the lot of the applicant and shall not extend into a public right-of-way. Fences may be erected within the required setback area (i.e. area between the front, side, and rear property lot lines and the front, side, and rear setback lines).

A fence may abut but shall not be located on any property line.

(2)

All residential districts.

Height, location, and design.

If there are located utility electrical transformer banks, water towers or other facilities owned or leased by a public utility in residential zones which require the fencing of such for safety precautions, the responsible utility provider shall erect fences at least six feet (72 inches) in height around them.

No fence or wall in excess of four feet (48 inches) in height shall be allowed in the front yard (for corner lots, the two sides of the lot paralleling the two streets).

As required in section 11-288(b) above, front-yard fences on corner lots may not exceed two and one-half feet (30 inches) in height within 50 feet of the point of intersection of two streets.

A fence extending from the side of a principal structure to the side lot line shall attach to the structure no closer to the front lot line than where the facade (not including any covered front porch, uncovered porch, uncovered steps, and uncovered balconies) is located. These fences shall not exceed six feet (72 inches) in height.

No fence or wall in excess of six feet (72 inches) in height shall be allowed in side and/or rear yards. These fences may begin from the rear of the principal structure facade.

All fence construction, repair and replacement of any section or portion thereof must be consistent with the remaining fence on the property. The intent of this section is to ensure that all fencing erected on a property is uniform and consistent in construction and appearance.

(f)

No permit shall be issued for any tavern, bar, lounge, or package store not associated with a restaurant, as defined in F.S. § 562.45, where such a tavern, bar, lounge or package store will be located within 500 feet of any portion of any lot or plot on which is located a school or church. No tavern, bar, lounge, or package store shall be located within 200 feet of any residential district R-1, R-2, or R-3, except as an approved special exception by the planning and zoning board after one public hearing.

(1)

Home occupations.

Home occupations shall not involve employment of nonresidents of the premises;

Home occupations shall be conducted entirely and only within the principal residential structure and shall not occupy more than 25 percent of the floor area of such structure;

There shall be no external evidence of the conduct of such occupation except one sign, not illuminated, and not exceeding one square foot in area, mounted flat against the wall of the residence;

Home occupations shall not be constructed to include barbershops, beauty parlors, tea rooms, and food processing establishments, restaurants, antique stores, or commercial kennels.

(2)

Residential apartment units.

Residential apartment units are subject to particular district standards for single-family dwellings.

In order to promote efficient use of existing space in downtown commercial (C-1) areas, residential apartment units are limited to those areas located on building second floors above active commercial activities.

(g)

District overlay. In the event that two or more separate provisions of this code indicate conflicting regulations or standards (historic district, zoning district, waterfront review zone), the highest and most restrictive regulation and/or standard shall govern.

(h)

Waterfront and adjacent area special review requirements. Special requirements for structures, facilities, and uses of land adjacent to the waterfront. (river and bay, including creeks and waterways joining these. See map entitled: Special Waterfront Area).

(1)

All housing and other structures within this waterfront area shall be connected to the city's central sewer system.

(2)

All plans for development with the waterfront area shall ensure:

That the basic functions and productivity of the Apalachicola Bay area's natural land and water systems will be conserved to reduce or avoid health, safety, and economic problems for present and future residents of the Apalachicola Bay area.

Wetlands will be preserved and protected.

Where alterations of wetlands are necessary in order to allow reasonable use of property, either the restoration of the disturbed wetlands will be provided or additional wetlands will be created at a 4:1 ratio to mitigate any wetland destruction. All approved mitigation shall be required to demonstrate, through appropriate monitoring and reporting by the project's developer, at least an 85 percent planting survival rate for wetland areas created/augmented during mitigation, for a period at least two years for herbaceous wetland communities, and for at least five years for forested wetland communities.

Land development shall be consistent with a safe environment, adequate community facilities, and a desire to minimize environmental hazards.

No wastes shall be discharged into any waters of the Apalachicola Bay area without first being given the degree of treatment necessary to fully protect, and/or improve the present water quality adjoining this area.

(3)

All development within the special waterfront district shall comply with article I of this chapter and article I of chapter 115. The stormwater management plan will prohibit the use of herbicides in the special waterfront district.

(4)

The bulk storage of hazardous materials, as defined by the Federal Environmental Protection Agency (EPA) Schedule 40 CFR 261, sbpts. C and D, is a specifically excluded use within the waterfront area. For the purposes of this section, the term "bulk storage" means more than 100 kilograms (220 pounds) of EPA-listed hazardous materials, and more than one kilogram (2.2 pounds) of EPA-listed acutely hazardous materials. In general, every effort should be made to secure small amounts of these materials, as well as common, less hazardous, chemicals and substances, from release into the environment.

(5)

The storage and dispensing of petroleum products with the waterfront district is a permitted use under applicable department of environmental protection (DEP) rules pursuant to F.S. ch. 17.61 and applicable federal regulations.

(6)

The use of natural vegetation erosion control structures is encouraged and preferred to the construction of rigid shore protection structures (seawalls, bulkheads, revetments, etc.). The constructions of vertical seawalls without armoring (rip rap, sandbags) on the waterward face are prohibited on natural water bodies.

(7)

The alteration, other than approved maintenance, of mosquito ditches is prohibited.

(i)

Parking requirements.

(1)

Off-street parking. Required off-street parking facilities shall be primarily for the parking of private passenger automobiles of occupants, patrons or employees of the principal use served. Parking for disabled persons shall be provided pursuant to F.S. § 316.1957.

(2)

Definition of off-street parking. There shall be provided at the time of the erection of any principal building or structure parking space with adequate provisions for ingress and egress no less than the following space requirements (when calculating the required number of parking spaces, fractional numbers of spaces go to the next whole number):

Dwelling. One parking space for each dwelling unit or room for rent.

Offices, studios, and financial institutions. One off-street parking space for each two persons at work on peak shifts, plus one for each 500 square feet of floor space open to the public.

Retail establishments. One off-street parking space for each two persons at work on peak shifts, plus two for the first 1,000 square feet of floor space devoted to merchandising, plus two for each additional 300 square feet used.

Eating and/or drinking establishments. One offshore parking space for each two persons at work on peak shifts, plus one for each two tables for service, plus one for each four stools at the service counter.

Child care centers. One off-street parking space for each two persons at work on peak shifts, plus one for each 500 square feet of floor space, plus adequate provisions for the loading and unloading of children off of the public right-of-way, subject to site plan approval.

Marinas. One off-street parking space for each wet slip, plus one off-street parking space for every three dry slips.

All other permitted uses and structures. One off-street parking space for each two persons at work on peak shifts, plus additional spaces as determined by the planning and zoning board.

(3)

Location of off-street parking. Required off-street parking will be provided either on the same parcel of land as the principal building or structure or on a separate parcel located within 500 feet of the principal building or structure.

(4)

On-street parking. An allowable commercial use of an existing building upon adoption of Ord. No. 91-7, adopted December 3, 1991, may use on-street parking as part of its required parking. An increase in the intensity of use of an existing building after the adoption of Ord. No. 91-7 on December 3, 1991, must comply with the parking requirements as provided in subsection (i)(2) of this section.

(5)

Where a parking lot does not abut on a public or private street, alley, or easement of access, there shall be provided an access drive not less than ten feet in width in the case of a dwelling, and not less than 18 feet in width in all other cases, leading to the loading or unloading spaces and parking or storage areas required hereunder in such a manner as to secure the most appropriate development of the property in question. Parking spaces shall be a minimum of ten feet by 20 feet and access aisles shall be a minimum of 18 feet in width.

(6)

Every parcel of land used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

No part of any parking area shall be closer than five feet to any established road right-of-way or alley line. In case the parking area adjoins a residential district, it shall be set back at least five feet from the residential district boundary and shall be effectively screened with landscaping, fence, wall or other approved materials.

Any off-street parking area, including any commercial parking lot, for more than five vehicles shall be so graded and drained as to dispose of all surface water accumulation within the area and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of vehicles.

Any lighting used to illuminate any off-street parking area, including any commercial parking lot, shall be so arranged as to reflect the light away from adjoining premises in any residential district as well as to eliminate driving nuisance and highway safety hazards.

Any commercial parking area shall require a department of environmental regulation stormwater permit before a city development permit can be issued.

(7)

Off-street loading and unloading. In addition to the required off-street parking spaces, adequate off-street loading space, as determined by the building inspector, shall be provided so that no part of any commercial vehicle shall encroach or park upon any street, alley, sidewalk or public way during loading, unloading or servicing operations.

(8)

The city shall make a determination, on no less than an annual basis, of the number of publicly-owned parking spaces that are available for use as parking mitigation in the C-1, C-4 and RF districts. Parking mitigation, as provided in this subsection, shall be available on a first come, first served basis, up to a maximum of 15 spaces per development until all currently spaces have been subscribed. Thereafter, the city may make additional spaces available or suspend the availability of parking mitigation.

(9)

New commercial development or expanded intensity of an existing building use in the C-1, C-4 and RF districts may mitigate up to 50 percent of the required on-site parking through an approved mitigation plan as provided in subsection (h)(2)a2 of this section. This provision does apply to other zoning districts.

(10)

New commercial development within the C-1, C-4 and RF districts may use on-street parking to meet part of the required parking standard as provided in subsection (i)(2) of this section.

(11)

Restoration of an historic structure in the C-1, C-4 and RF districts may request waiver of up to 100 percent of required on-site parking not to exceed eight spaces. Documentation that the structure for which a waiver is sought qualifies as an historic structure, as provided in this subsection, shall be included in the request for waiver and be included as part of the permit application.

(12)

New development on a single lot (30 feet by 80 feet) within the C-1, C-4 and RF districts may mitigate up to 100 percent of parking not to exceed eight spaces.

(13)

All proposed development within the C-1 and C-4 districts shall be encouraged to locate all onsite parking at the rear of the proposed development to meet on-site requirements. Developments that encumber five or more lots shall be required to incorporate parking at the rear. Shared use agreements with adjacent property owners is encouraged to reduce curb cuts for parking access.

(j)

Endangered, threatened, or species of special concern's habitats and nesting areas shall not be altered or disturbed. Appropriate state and federal guidelines concerning regulations, setbacks, lighting, etc., will be followed at all times.

(k)

All development shall be required to connect to the city water and sewer system where and when it is available.

(l)

All septic tanks and drain fields shall be set back at least 75 feet from waters or wetlands of the state.

(m)

Architectural design, aesthetic, and safety standards for single-family dwellings.

(1)

To promote consistency within residential neighborhoods in the city, the following architectural design and aesthetic standards shall apply to all stand-alone, newly-constructed or structurally or materially altered single-family dwellings in all zoning districts except R-3, mobile and manufactured home residential. These standards to not apply to upper floor, single-family dwellings above first floor businesses in commercial zones C-1 and C-4.

As used in this section, the term "immediate neighborhood" means single-family dwellings whose property lines lie within 500 feet of the subject property and which are in zoning districts other than R-3.

The standards in this section shall apply to subdivisions and the historic district, but covenants or restrictions for these areas that are more stringent than these standards take precedence over these standards. The immediate neighborhoods for such subdivision is the subdivision itself, and immediate neighborhood for the historic district is the district itself.

Roof. Roof forms and materials shall be visually compatible with the existing architectural context of the streetscape and the majority of dwellings in the immediate neighborhood. The pitch of the roof is critically important to the success of being harmonious with the typical surrounding dwellings, and well-extended overhangs can be beneficial in protecting any home from frequent and heavy rainfall. The pitch of the major roof shall have a minimum vertical rise of five units for each 12 units of horizontal run with a minimum 12-inch overhang, measured horizontally from the outer edge of the sloped roof to the vertical face of the wall under the roof. In addition, the roof pitch shall be equal to or greater than the roof pitches of the majority of homes in the immediate neighborhood. The roof covering shall be visually compatible with dwellings in the immediate neighborhood.

Siding. Exterior wall and trim materials shall be visually compatible with the existing architectural context of the streetscape and immediate neighborhood. Vinyl and aluminum siding are prohibited. Use of siding materials other than vinyl and aluminum (e.g., solid wood and fiber cement board) have long-term benefits for resistance to storm damage and overall structural integrity.

Design elements. All new or structurally- or materially-altered dwellings shall provide some form of architectural character with the use of design elements such as roof dormers, extended entryway, a covered porch, decorative columns or wing walls and/or other features to enhance the appearance and alter the straight line or rectangular shape of the structure to be consistent with the majority of dwellings in the immediate neighborhood.

Windows and doors. Proportion, scale, height, shape, detailing and building material of windows and doors shall be consistent with the style of the proposed dwelling and other dwellings in the immediate neighborhood. Windows and doors shall be set back two to three inches from siding and trim to prevent the appearance of flatness to the facades, which is contrary to the appearance of the majority of dwellings in the city.

Crawl space. The crawl space of an elevated above-grade building (that area located between the grade and the lowest floor member) shall be shielded by some architectural feature which is compatible with the design and architecture of the building so that the line of sight from any public road or alley does not include any portion of the underside of the structure. Such feature shall be included as part of any building permit application.

Foundation and enclosure. There is required a permanent foundation and an enclosure, which presents a clean, uncluttered appearance, around the perimeter of every elevated home. An enclosure in flood Zone V must additionally meet applicable requirements of the city's floodplain management ordinance and the Florida Building Code that it references. Any wheels, tongues, or other transportation apparatuses must be removed. The foundation or finished floor elevation must be substantially similar in appearance to the foundation or finished floor elevations of dwellings in the immediate neighborhood. An open structural pier foundation may be allowed, but in no case will any anchor tie-down strap be visible.

(2)

To promote safety within residential neighborhoods in the city, the following safety standards shall apply to all newly-constructed single-family dwellings in all zoning districts:

Footings. All elevated above-grade buildings shall be supported by and tied to a continuous footing of sufficient size to resist the gravity, wind and uplift forces which might be imposed on such buildings. Dry stack masonry units (blocks and bricks) as piers for support of any structure are prohibited.

Metal fasteners. For all residential structures, any bolts, anchors, straps, tie-downs or other type hardware which are in contact with the ground or any part of which is within 12 inches above the ground at that location shall be of stainless steel material. This shall not apply to any such items, bolts, anchors, straps, tie-downs or other such hardware, that are permanently and wholly encased in concrete.

Exterior steps. Exterior steps of elevated homes must be permanently affixed to the foundation or facade stem wall.

Electric meter box. The electrical meter box shall be permanently affixed to the single-family dwelling or mounted on a suitable structure, but in no case shall be pole-mounted.

(LDC, art. IV, § E; Ord. No. 2016-01, 4-5-2016; Ord. No. 2017-07, § 2, 8-8-2017; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2021-02, § 1, 7-6-2021)

Sec. 111-289. - Schedule of fees, charges and expenses.

(a)

The city commission has established a schedule for fees, charges and expenses, and a collection procedure, for building permits, appeals, rezoning requests, site plan review, stormwater management plan review and similar matters. This schedule of fees shall be available in the city building inspector's office and may be altered or amended only by the city commission.

(b)

No permit, certificate, exception or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before any board or commission unless or until preliminary charges and fees have been paid in full.

(LDC, art. IV, § F)

Sec. 111-290. - Penalties.

(a)

Any person who shall violate any of the provisions of this code or fail to comply with any of its requirements, or build or alter any building or structure contrary to intent expressed or approved, or without obtaining the required permits and certificates, or use any land, building or other structure in a manner prohibited by this code, shall upon conviction thereof, be fined not more than $500.00, or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continued shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, any architect, building, contractor, agent, or other person who commits, takes part in, assists in, or maintains such violation shall each be guilty of a separate offense and suffer the penalties herein provided.

(c)

This code may be enforced by the supplemental enforcement provisions of Code chapter 14, Enforcement, at the discretion of the city.

(LDC, art. IV, § G)

Sec. 111-291. - Amendments.

In case of a protest against an amendment or change to the regulations, restrictions or boundaries set forth in this code, signed by the owners of 20 percent of more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 500 feet from the street frontage of such, opposite lots, such amendments shall not become effective except by the favorable vote of four-fifths of the governing body of the city.

(LDC, art. IV, § I)

Sec. 111-292. - Transient lodging.

Dimensional requirements.

(1)

Hotel/motel.

Minimum number of units: 11.

Maximum number of units: 50.

Minimum square footage per unit: 200 square feet.

Maximum square footage per unit: 600 square feet.

Permissible building height: 35 feet.

Maximum lot coverage: Refer to district standards.

Maximum impervious surface ratio: Refer to district standards.

Minimum building lot size: that amount of land necessary to accommodate the desired number of units (minimum of 11 units) and still adhere to lot coverage and infrastructure requirements.

Minimum width: Refer to district standards.

Minimum depth: Refer to district standards.

Setbacks: Refer to district standards.

(2)

Bed and breakfast.

Maximum number of units: ten (per building).

Minimum building lot size: that amount of land necessary to accommodate the desired number of units and still adhere to lot coverage and infrastructure requirements.

(LDC, art. X; Ord. No. 2017-04, § 4, 4-4-2017; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 2, 12-5-2023)

Sec. 111-293. - Additional regulations.

In addition to any existing regulations relating to hotel/motel development found elsewhere in the land development regulations, the following criteria shall apply to all transient lodging facilities:

(1)

All units in all transient lodging facilities (hotel/motel/bed and breakfast) within the city shall be considered transient accommodation units and must be made available as rentals on a continual daily or weekly basis but for a period of time less than 30 consecutive days. If the occupancy of any such unit does not change more frequently than 12 times or more in any continuous 12-month period, then a rebuttable presumption shall arise that the unit is not being used for transient accommodations.

(2)

Proper licensing will be required of all transient lodging units.

(3)

A reservation system shall be required as an integral part of the hotel/motel facility for the rental of units.

(4)

For hotels/motels, there shall be a lobby/front desk area that is internally oriented, operated for transient lodging, and occupied or accessible by staff on a 24-hour basis.

(5)

All units shall be subject to all applicable tourist tax collections when rented.

(6)

For hotels/motels, all units must be included in the inventory of units that are available for rent.

(7)

Annual occupational licenses for each business operating a transient lodging facility shall be required from the city.

(8)

All transient lodging facilities must have sufficient signage viewable by the general public designating the uses as such.

(9)

The books and records of the transient lodging facility pertaining to the rentals of each unit in a hotel/motel facility shall be open for inspection by authorized representatives of the city, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

(10)

The city may require affidavits of compliance with this section from each hotel/motel facility owner.

(11)

Each hotel/motel facility shall have no more than one potable water tap and one electrical hookup.

(12)

Time-sharing of hotel/motel/bed and breakfast units shall not be permitted.

(13)

Transient lodging facilities (hotels/motels) located along the riverfront must provide access to the riverfront and provide boardwalk access along the waterfront and give a perpetual easement to the city for the general public.

(14)

Transient lodging facilities (applies to hotels, motels and bed and breakfasts) must be located in appropriate zoning districts as provided in the zoning chapter.

(15)

All transient lodging facilities must meet applicable parking, stormwater and site plan requirements as provided in the zoning chapter.

(16)

In the general commercial zone C-1 or riverfront commercial zone C-4, a building having a first-floor commercial use may have a bed and breakfast use on an upper floor provided all applicable requirements are met.

(17)

In the general commercial zone C-1, the first and/or upper floor of a stand-alone, single-family dwelling existing on the effective date of state department of economic opportunity's state register notice approving this provision may be converted to abed and breakfast use, provided that the first floor dwelling footprint is not expanded and all parking, floodplain management provisions, and other applicable requirements are met.

(LDC, art. X; Ord. No. 2005-08, § 1, 9-27-2005; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 3, 12-5-2023)

Sec. 111-294. - Parking mitigation.

(a)

This section allows developers to substitute payments toward off-site parking for on-site parking in C-1, C-4, and RF districts.

(b)

The city shall establish and administer a dedicated municipal revenue fund, called the Apalachicola Parking Mitigation Fund (APMF), whose purpose is to help fund operations, maintenance and improvements necessitated by the use of city-owned parking facilities by new buildings, structures or uses in the city's commercial district, in order, among other things, to offset impacts from new buildings, structures or uses upon the availability of off-street parking spaces in municipal parking facilities; and to offset increases in the cost of operating and maintaining municipal parking facilities that are attributable to the use of such facilities by new buildings, structures, and uses.

(c)

The fee shall be calculated by multiplying the number of required parking spaces for the principal buildings, structures, or uses to be provided for designated city parking areas by the rate of $5,000.00 per required parking space. The rates are intended to offset the city's reasonable cost to construct new parking facilities of each type, and to maintain them for a period of 30 years.

(d)

Prior to the issuance of a building permit for a principal building, structure, or use, a portion of whose required parking is provided at a municipal parking facility under this section, the owner of such principal building, structure, or use shall deposit the total dollar amount due for its parking mitigation fee in the APMF as a one-time mitigation fee.

(e)

The city shall contribute the payments to a parking fund specifically set aside to provide public parking serving the commercial districts. All moneys received as fees imposed by this section shall be deposited and held, together with interest thereon, in a public parking mitigation fund hereby created, and shall be expended from that fund only for the purpose of creating new public parking. The cost of creating public parking shall include all costs related to land acquisition, design, permitting, drainage, mitigation, and construction of lighted and paved public parking, including engineering, legal, consulting, and internal overhead costs.

(f)

Required parking spaces for nonresidential uses may be mitigated through pro rata contributions to the parking mitigation fund. Mitigation is not allowed for residential uses.

(g)

Mitigation may be used to offset up to half of the required parking spaces for a development. The other half must be met by on-site or approved off-site requirements as established in this Code, unless otherwise referenced for historic structures or development on one lot as identified in section 111-288(i)(11) or (12).

(h)

No certificate of occupancy shall be issued until complete payment has been received by the city or the city has:

(1)

Approved an agreement providing for a phased payment plan. In no case shall payments be deferred for more than two years;

(2)

Approved an agreement providing for the deferred construction or occupancy of floor space for which parking has not been mitigated; or

(3)

Approved other arrangements providing for required parking to serve the proposed use within 12 months of the application. In no case shall arrangements include a parking variance.

(i)

All proposed parking mitigation contributions shall be placed in the parking mitigation fund, which shall be used exclusively to establish parking to serve nonresidential uses in the commercial districts.

(j)

The moneys in the parking mitigation fund may be allowed to accumulate from year to year until the city commission determines to expend the moneys in the fund for the purposes specified.

(Ord. No. 2018-02, § 3, 7-10-2018)

Sec. 111-321. - In general.

At the time of passage of this code and subsequent amendments, there existed structures, uses of structures and land, and lots that would be prohibited under the terms of this code or amendments. These are nonconforming structures, uses, and lots. The overall intent of this code is to preserve historic, nonconforming structures and to provide for the limited protection of nonhistoric, nonconforming structures, uses, and lots.

(LDC, art. IV, § C)

Sec. 111-322. - Historic and nonhistoric nonconforming structures.

(a)

Historic nonconforming structures. The intent of this section is to preserve all historic structures, including those that are nonconforming as to size, setback, elevation, and/or height.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of historic, nonconforming structures.

(2)

Repairs, alterations, and additions necessary for the preservation, restoration, and rehabilitation of a nonconforming structure may be permissible when authorized by the architectural review board in the form of a certificate of appropriateness, provided the structure is a documented historic structure.

(3)

If an historic, nonconforming structure receives substantial damage in excess of 50 percent of the appraised value of the structure, such historic structure shall be reconstructed in accordance with the Florida Building Code. If the damaged or destroyed historic structure was nonconforming based on size, setback, elevation, or height, it may be reconstructed at no greater nonconformity than prior to when it was damaged or destroyed. A damaged or destroyed historic, nonconforming building that exceeded current height restrictions may be rebuilt to original height provided it is a replica of the original historic building. In the case of transient lodging facilities, the number of units in the reconstructed structure may not exceed the number of units in existence at the time of damage or destruction.

(4)

If an historic, nonconforming structure or portion of any such structure is declared by any duly authorized official of the city to be physically unsafe or unlawful due to lack of repairs or maintenance, the unsafe or unlawful portion shall be repaired and rebuilt in conformity with the historic preservation provisions of chapter 109.

(b)

Nonhistoric nonconforming structures. The intent of this section is to provide for the limited protection of nonhistoric, nonconforming structures.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonhistoric, nonconforming structures.

(2)

Ordinary repairs and maintenance on any nonhistoric, nonconforming structure may be done in any period of 12 consecutive months, but repair or replacement of nonbearing walls, fixtures, wiring, or plumbing may not exceed ten percent of the latest assessed valuation of the building.

(3)

If a nonhistoric, nonconforming structure receives substantial damage in excess of 50 percent of the appraised value of the structure, reconstruction of the structure must comply with the Florida Building Code, the city's floodplain management ordinance, and this code. If the damaged or destroyed structure was nonconforming based on size, setback, elevation, or height, the damaged portion of the structure may be reconstructed only if it is in accordance with the code requirements for size, setback, elevation, and height. In the case of transient lodging facilities, the number of units in the reconstructed structure may not exceed the number of units in existence at the time of damage or destruction.

(4)

If a nonhistoric, nonconforming structure or portion of any such structure is declared by any duly authorized official of the city to be physically unsafe or unlawful due to lack of repairs or maintenance, the unsafe or unlawful portion of the structure shall be removed or repaired and rebuilt in conformity with this code.

(c)

Expansion of historic and nonhistoric, nonconforming structures. The intent of this section is not to permit either historic or nonhistoric nonconforming structures to be enlarged upon, expanded, or extended, except as allowed through the variance process at section 101-61(2). Existing nonconformities of a structure shall not be used as grounds for adding other structures prohibited elsewhere in the same district.

(1)

An expansion in square footage for either historic or nonhistoric structures shall be permitted where such expansion meets all requirements of this code, including those of section 101-61(3)b when a variance is needed.

(2)

An expansion of either an historic or nonhistoric, nonconforming structure is permissible when it is required by law or ordered by the building inspector to secure the safety of the building.

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-323. - Nonconforming uses.

The intent of this code is to permit nonconforming uses of structures until they are removed by economic forces or otherwise, but not to encourage their survival, since it has been determined that such uses are not compatible with other uses in the districts involved. Conformity of use is determined by the zoning district in which the structure is located. A nonconforming use may apply to either a conforming or nonconforming structure. An existing nonconforming use within a district shall not be used as grounds for permitting expansion of such use or the permitting of additional nonconforming uses within said district.

(1)

Subject to the provisions contained herein, the lawful use of structures or land existing on December 3, 1991, the date of enactment of this code, shall be allowed to continue. Any business use that predates this code and otherwise would be in violation of this section's requirements may continue to operate and be licensed as a legal nonconforming use; provided, however, that the business location of the use shall not be enlarged or increased in size or intentionally abandoned in use for a period of more than 180 days. In such event, the nonconforming use shall cease and the business shall conform in all respects to the provisions of this code. All material and equipment associated with the abandoned nonconforming use shall be completely removed from the premises by its owner. Abandonment shall occur when the property owner has intent to abandon the property's nonconforming use either by an act or a failure to act. These provisions apply to intentional abandonment not caused by force majeure.

(2)

Nothing in this section shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been commenced within 12 months of the date of that permit.

(3)

Uses under special exception provisions are not nonconforming uses. Any uses for which a special exception is required, or for which a special permit may be granted as provided in this code, shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(4)

If any nonconforming use of land intentionally ceases for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by the code for the district in which such use of property is located.

(5)

If a nonconforming structure or portion of any structure containing a nonconforming use is declared by any duly authorized official of the city to be physically unsafe or unlawful due to lack of repairs or maintenance, the structure shall not thereafter be repaired or rebuilt except in conformity with this code. Closure of a nonconforming use for repair shall not be subject to the 180-day abandonment clause.

(6)

An expansion of a nonconforming use may be permitted where such expansion is solely to extend an existing use throughout the building in which the use occurs on the date of enactment of this code. Such expansion shall not be extended to occupy any land outside the building, including parking and other impervious surfaces.

(7)

No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in district in which it is located.

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-324. - Nonconforming lots.

It is not the intent of this code to permit construction on nonconforming lots that do not meet the required lot size. However, a deeded lot that was recorded prior to December 3, 1991, shall be recognized by the city as a lawfully created lot even it is does not meet the required square footage required for development. Nonconforming lots are subject to the following additional provisions:

(1)

Lots containing historic structures within the historic district that contain more than one historic structure shall be considered conforming as to density. Any lot made smaller purely by an act of the city or utility company shall not be deemed nonconforming.

(2)

Notwithstanding limitations imposed by other provisions of this code in any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on a single lot of record that existed at the time of passage or amendment of this code, if such lot is in separate ownership and not of continuous frontage with other lots in the same ownership, even though such lot fails to meet the requirements for area and/or width generally applicable in the district, provided that yard dimensions and other requirements not involving area and/or width of lot shall conform to the regulations for the district in which such lot is located.

(3)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this code, and if all or part of the lots do not meet the requirements for lot width and area as established by this code, the lands involved shall be considered to be an undivided parcel for the purposes of this code, and no portion of said parcel shall be used or sold for the purpose of development which does not meet lot width and area requirements established by this code nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements herein.

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-325. - District regulations.

District regulations comprise those in the schedule of district regulations, hereby declared to be part of this code, and in section 111-288.

(LDC, art. IV, § D)

Apalachicola City Zoning Code

ARTICLE III

- ZONING

Sec. 111-249. - Establishing district.

(a)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby declared to be part of this code.

(b)

(c)

(d)

(LDC, art. IV, § A)

Sec. 111-250. - Rules for interpreting boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

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

(2)

Boundaries indicated, as approximately following platted lot lines, shall be construed as following lot lines.

(3)

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

(4)

(5)

(LDC, art. IV, § B)

Sec. 111-267. - Schedule of district regulations.

List of Districts shall be as follows:

(1)

R-1 single-family residential.

(2)

R-2 multifamily residential.

(3)

R-3 mobile home residential.

(4)

R-4 mixed use residential.

(5)

O/R office residential.

(6)

C-1 general commercial.

(7)

C-2 neighborhood commercial.

(8)

C-3 highway commercial.

(9)

C-4 riverfront commercial.

(10)

RF riverfront.

(11)

R/C research/conservation.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-268. - R-1 single-family residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal. Single-family residential.

(2)

(c)

(1)

Utilities substations.

(2)

Churches.

(3)

Schools.

(4)

Hospitals and clinics (prohibited in velocity zones as shown on the flood insurance rate maps).

(5)

Two-family residential.

(6)

Parks and playgrounds.

(7)

Residential apartment units in existing single-family structures (see subsection (f) of this section).

(8)

Public facilities and structures.

(9)

Home occupations.

(d)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Travel trailers.

(5)

Any structure or use of a nature not specifically or provisionally permitted herein.

(e)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions except for two-family and home occupations.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building size. Single-family dwelling: 800 square feet.

(3)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures, five feet for accessory structures.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

(2)

Parking regulations. See section 111-288.

(3)

(4)

(5)

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-269. - R-2 multifamily residential.

(a)

(b)

Permitted uses and structure.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

(2)

(3)

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Assisted living facilities.

Public facilities and structures.

Residential apartment units in existing single-family structure (see subsection (e) of this section).

(c)

Prohibited uses and structure.

(1)

Mobile homes or house trailers on vacant lots or in residential yards.

(2)

Any structure or use of a nature not specifically or provisionally permitted herein.

(3)

Travel trailers.

(d)

Development standards. Minimum lot or site size shall be as follows:

(1)

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Two family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(3)

Townhouses.

Area.

Site size: 9,000 square feet.

Individual lot size: 1,800 square feet. per dwelling unit.

Maximum building grouping: ten units or 200 feet.

Minimum building grouping: three units or 48 feet.

Width.

Site: 90 feet.

Individual lot: 16 feet.

Depth:

Site: 100 feet.

Individual lot: none.

(4)

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

Minimum building size.

Single family dwelling: 800 square feet.

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

(i)

Single family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(ii)

Two family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(iii)

Townhouses: For four or fewer attached townhouses the same as for single family. For five or more attached townhouses the same as for multifamily.

(iv)

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

Maximum building restrictions.

Lot coverage: 40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

(2)

Parking regulations. See section 111-288.

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 600 square feet.

Maximum of 20 dwelling units per acre at total build-out.

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite.

(f)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-270. - R-3 mobile home residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

Mobile and modular homes constructed in accordance with the Florida Building Code.

(2)

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions.

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Cemeteries.

Public facilities and structures.

Mobile home parks (see site plan requirements).

Parks and playgrounds.

Child care centers.

(c)

Prohibited uses and structures. Any structure or use of a nature not specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family and day care centers.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Townhouses.

Area:

(i)

Site size: 9,000 square feet.

(ii)

Individual lot size: 1,800 square feet per dwelling unit.

(iii)

Maximum building grouping: ten units or 200 feet.

(iv)

Minimum building grouping: three units or 48 feet.

Width:

(i)

Site: 90 feet.

(ii)

Individual lot: 16 feet.

Depth:

(i)

Site: 100 feet.

(ii)

Individual lot: none.

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

Single-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Two-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Townhouses: for four or fewer attached townhouses, the same as for single-family. For five or more attached townhouses, the same as for multifamily.

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage.

40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures in residential districts. In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards.

(2)

Review requirements for mobile home parks.

Mobile home park site plan requirements: as a special exception, mobile home parks are allowed in this district when the developer meets the following requirements:

Submit a site plan.

Submit a department of environmental regulation permitted stormwater management plan.

The park must be hooked up to the city's central water and sewer.

Submit a copy of park regulations that require:

(i)

Under skirting;

(ii)

Limit on accessory buildings.

A mobile home park may have a greater density up to one unit per 4,500 square feet, with minimum lot width of 50 feet, minimum lot depth of 90 feet, provided that:

All of the above requirements are met.

The planning and zoning board is satisfied that because of the layout of the park, the increased density will not have a negative effect on the character of the area.

All parks require a 20-foot landscaped area adjacent to public streets which shall be attractive and maintained at all times. This required buffer may be included within a required setback.

(3)

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 500 square feet.

Maximum of 20 dwelling units per acre at total build-out.

(4)

(5)

Parking regulations. See section 111-288.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-271. - R-4 mixed use residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Laundromats.

Monument companies.

Retail food and grocery.

Retail drug stores.

Retail hardware.

Retail variety stores.

Retail specialties.

Retail small appliances.

Upholstery.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Utilities substations.

Child care centers.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Churches.

Schools.

Residential apartment units.

Funeral homes.

Utilities substations.

(c)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Travel trailers.

(3)

Junkyards.

(4)

Any structures or uses not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures.

Five feet for accessory structures.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures. No accessory structures shall be located in required front or side yards.

(2)

Parking regulations. See section 111-288.

(3)

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-272. - O/R office residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Studios and galleries for photography, music, art, dance, vocal and drama.

Medical offices and services.

Bed and breakfasts.

(2)

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Funeral homes.

Utilities substations.

Hospitals and clinics.

Public buildings.

Cemeteries.

Churches and church-sponsored businesses.

Schools.

Residential apartment units.

Child care centers.

(c)

Prohibited uses and structures.

(1)

Mobile homes or housetrailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Any structure or use not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

(3)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and depth of 100 feet, and provided that at least one parking space per apartment unit is provided on-site.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-273. - C-1 general commercial downtown.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail establishments.

Eating and drinking establishments.

Offices, studios.

Financial institutions.

Service establishments.

Hotel, motels.

Private clubs.

Public buildings.

Trade schools.

Funeral homes.

Utilities substations.

Indoor amusements.

Indoor theaters.

Repair services (small items).

Printing and publishing.

Child care centers.

Laundromats.

Retail package stores.

Light manufacturing and assembly.

Boat sales and service/marine retail.

Retail and wholesale seafood establishments.

Museums, galleries.

Medical offices/clinics.

Veterinary clinics.

Service stations/convenience stores. Note: light automotive repair is an acceptable use provided it is done in conjunction with a service station operation.

aa.

Stand-alone, single-family dwellings existing on the effective date of state department of economic opportunity's state register notice approving this provision.

bb.

Bed and breakfast units.

On an upper floor above a first floor commercial business, provided the bed and breakfast use is compatible with the first floor commercial use; or

Note— Any change of use affecting intensity/density of use of land within this district will be subject to planning and zoning board review.

(2)

(c)

(d)

Prohibited uses and structures.

(1)

Adult businesses.

(2)

(e)

Development standards.

(1)

Minimum lot or site size; principal uses.

(2)

Minimum building setbacks.

Front: zero feet.

Side, interior lot: none.

Side, corner lot: none.

Rear: zero feet.

(3)

Minimum building size.

Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 80 percent.

Permissible building height: 35 feet.

(5)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

(3)

Sign regulations. See chapter 113.

(4)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater management plan.

(5)

(6)

Sewer and water. All development within the C-1 general commercial district must be hooked up to the city water and sewer system.

(7)

(8)

(LDC, art. IV; Ord. No. 2005-05, § I, 8-2-2005; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2019-05, 7-2-2019)

Sec. 111-274. - C-2 neighborhood commercial.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail food and grocery.

Retail drug stores.

Retail hardwares.

Retail variety stores.

Retail specialties.

Retail small appliances.

Eating and drinking establishments.

Offices, studios.

Upholstery.

Laundromats.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Single-family.

Utilities substations.

Child care centers.

(2)

(c)

Special exceptions. After public notice and hearing and appropriate conditions safeguards, the planning and zoning board may permit, as special exceptions the following:

(1)

Bed and breakfasts.

(2)

Indoor amusements (pool, billiard, similar uses).

(3)

Service stations (no repair facilities).

(4)

Two-family.

(5)

Residential apartment units.

(d)

Prohibited uses and structures.

(1)

Junkyards.

(2)

Mobile homes.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use of structure.

(5)

Large-scale commercial activities.

(e)

Development standards.

(1)

Minimum lot or site size. Single-family and other principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Single-family.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Other principal uses.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(f)

Maximum building restrictions.

(1)

Single-family.

Lot coverage: 40 percent.

Building height: 35 feet.

(2)

Other principal uses.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(g)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Sign regulations. See chapter 113.

(3)

(4)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided on-site; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided on-site.

(5)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 2011-03, § II, 7-5-2011; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-275. - C-3 highway commercial.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Hotels, motels, and bed and breakfasts.

Restaurants.

Antique shops.

Business and professional offices.

Medical offices.

Social and fraternal clubs and lodges.

Repair services.

Financial, insurance, and real estate services.

Personal services (barber and beauty shops).

Utilities substations.

(2)

Accessory. Customary uses and structures clearly incidental to one or more permitted uses and structures including dwelling units for owners or employees of permitted principal uses provided that such accessory use shall not be of a nature prohibited as a principal use.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

(1)

Convenience stores.

(2)

Retail specialties.

(3)

Churches.

(4)

Service stations.

(5)

Single-family residential.

(6)

Two-family residential.

(d)

Prohibited uses and structures.

(1)

Mobile homes.

(2)

House trailers.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use and structure.

(5)

(e)

Development standards.

(1)

Minimum lot or site size. Principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setback.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(3)

Maximum building restrictions.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(4)

Applicable regulations.

Parking regulations. See section 111-288.

Sign regulations. See chapter 113.

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

Supplemental regulations.

Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-276. - C-4 riverfront commercial district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale building materials.

Automotive repair, sales and rental.

Veterinary hospitals, medical clinics and offices.

Light manufacturing and assembly.

Printing and publishing.

Boat sales and services.

Retail and wholesale activities.

Retail and wholesale seafood.

Ship repair yards with dry-dock facilities.

Marine supplies.

One single-family dwelling, one apartment, or one residential apartment unit per 2,400 square feet of lot when combined with a commercial establishment. All such residential units shall not extend beyond the total foundation footprint (may include porches, but not parking spaces and/or driveways) of the first commercial floor. Further, the residential units will not be permitted on the ground floor, nor shall first floor parking garages, storage units or drive-throughs be considered commercial endeavors. Commercial and residential units will not be connected within the building. Separate entrances must be provided. Upstairs residential use shall be compatible with the first floor commercial use.

Hotels, motels.

Eating and drinking establishments.

Offices/studios.

Museums/galleries.

Bed and breakfasts units, on an upper floor above a first floor commercial business. Upstairs bed and breakfast use shall be compatible with the first floor commercial use.

Note— Any change of use affecting any intensity/density of use of land within this district shall be subject to planning and zoning board review.

(2)

(c)

(d)

Prohibited uses and structures.

(1)

(2)

Adult businesses.

(e)

Development standards.

(1)

(2)

Minimum building setbacks.

Front: zero or the minimum distance required to provide elevated access to the building.

Side: five feet. Note: the minimum five-foot setback may be reduced to zero, provided appropriate fire safety standards (firewalls, etc.) are met.

Rear: zero or the balance between what is necessary to set back on the front and still meet a 20-foot overall setback from front/rear.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(5)

Maximum building restrictions.

Lot coverage: 65 percent. See subsection (f)(6) of this section for additional requirements.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan and review by city engineers.

(2)

(3)

Parking regulations. See section 111-288.

(4)

Sign regulations. See chapter 113.

(5)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to all lands within this district. Those areas within this district which fall within the special waterfront district are also subject to applicable regulations.

(6)

Development adjacent to wetlands. According to the city comprehensive plan (Coastal Management Element: Policy 2.2) the city's land use regulations shall prohibit high-density development proposed for areas within the special waterfront district adjacent to the waters or wetlands of the state. Development on lots adjacent to waters/wetlands will be restricted to 60 percent lot coverage. Further, lots that fall within the special waterfront district, which are adjacent to waters or wetlands of the state, will maintain a 20-foot buffer (ten feet in RF). See subsection (7) of this section for applicable types of development allowed within the special waterfront district buffer.

(7)

(8)

Hotels/motels. See the sections 111-292 and 111-293 for specific development standards that apply to uses in this district.

(LDC, art. IV; Ord. No. 2006-01, 2-7-2006; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-277. - RF riverfront district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale seafood.

Ship repair yards and dry-dock facilities.

Marine supplies and bait shops.

Ice houses.

Marinas.

Restaurants.

Motels/hotels.

Recreation facilities.

Boat sales and service.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted uses and structures.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit, as special exceptions, the following:

(1)

Fuel dispensing devices.

(2)

Retail establishments, such as, but not limited to, gift shops, boutiques, and souvenir shops.

(3)

Drinking establishments.

(4)

Multifamily residential.

(5)

Single-family residential.

(6)

Utilities substations.

(d)

Prohibited uses and structures. All uses and structures not of a nature specifically or provisionally permitted.

(e)

Development standards.

(1)

Minimum lot or site size.

Principal uses other than residential.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Single-family.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Multifamily residential.

Area: 7,000 square feet platted.

Width: 100 feet.

Depth: 70 feet platted.

(2)

Minimum building setbacks.

Residential uses.

Front: none.

Side, interior lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Rear: ten feet from the river.

Other principal uses.

Front: none.

Rear: ten feet from the river.

(3)

Maximum building restrictions.

Lot coverage: 80 percent total lot coverage.

50 percent impervious lot coverage.

Permissible building height: 35 feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

(2)

Stormwater management.

(3)

(4)

Parking requirements. See section 111-288.

(5)

(6)

(7)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(8)

Standards for marinas.

New enclosed boat basins shall be prohibited.

Docks shall extend out to water no less than four feet deep at mean low tide.

Dredging for new marinas shall be restricted to limited channels for launching boats.

Marinas must provide vehicular parking according to the standards set forth in section 111-288.

Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water.

All parking, dry storage and non-water-dependent facilities shall be built on existing uplands.

All marinas shall be required to have sewage pump out facilities.

(LDC, art. IV; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-278. - R/C research conservation district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Open space.

Scientific research facilities.

Educational facilities for natural observation and demonstration programs.

Facilities necessary for the regulation and support of public facilities.

Management facilities for federal, state or local research programs.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(c)

(d)

Prohibited uses and structures.

(1)

Residential uses.

(2)

Commercial uses.

(3)

Industrial uses.

(e)

Development standards.

(1)

Minimum lot or site size.

Area: 8,000 square feet.

Width: 80 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 25 feet.

Side, interior lot: 15 feet.

Side, corner lot: 15 feet.

Rear: 20 feet.

(3)

Maximum building restrictions.

Lot coverage: 30 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Facilities and structures must be located on sides adjacent to existing roadway.

(3)

No development, except elevated pervious walkways, shall occur within 60 feet of marsh land, wetlands or mean high water. This 60 feet shall consist of a vegetated buffer.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115, shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-288. - In general.

(a)

(b)

(c)

Alleys. Ten-foot alleys are intended to accommodate utility lines, such as water and sewer, and are not intended to support traffic. Ten-foot alleys are not to be used for ingress and egress.

(d)

(1)

(2)

No operation in connection with such establishments shall be conducted in a manner, which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

(3)

(4)

(5)

(e)

Fences.

(1)

Requirements applying to all zoning districts and the historic district.

A fence may abut but shall not be located on any property line.

(2)

All residential districts.

Height, location, and design.

No fence or wall in excess of four feet (48 inches) in height shall be allowed in the front yard (for corner lots, the two sides of the lot paralleling the two streets).

As required in section 11-288(b) above, front-yard fences on corner lots may not exceed two and one-half feet (30 inches) in height within 50 feet of the point of intersection of two streets.

No fence or wall in excess of six feet (72 inches) in height shall be allowed in side and/or rear yards. These fences may begin from the rear of the principal structure facade.

(f)

(1)

Home occupations.

Home occupations shall not involve employment of nonresidents of the premises;

Home occupations shall be conducted entirely and only within the principal residential structure and shall not occupy more than 25 percent of the floor area of such structure;

There shall be no external evidence of the conduct of such occupation except one sign, not illuminated, and not exceeding one square foot in area, mounted flat against the wall of the residence;

Home occupations shall not be constructed to include barbershops, beauty parlors, tea rooms, and food processing establishments, restaurants, antique stores, or commercial kennels.

(2)

Residential apartment units.

Residential apartment units are subject to particular district standards for single-family dwellings.

(g)

(h)

(1)

All housing and other structures within this waterfront area shall be connected to the city's central sewer system.

(2)

All plans for development with the waterfront area shall ensure:

Wetlands will be preserved and protected.

Land development shall be consistent with a safe environment, adequate community facilities, and a desire to minimize environmental hazards.

(3)

(4)

(5)

(6)

(7)

The alteration, other than approved maintenance, of mosquito ditches is prohibited.

(i)

Parking requirements.

(1)

(2)

Dwelling. One parking space for each dwelling unit or room for rent.

Offices, studios, and financial institutions. One off-street parking space for each two persons at work on peak shifts, plus one for each 500 square feet of floor space open to the public.

Marinas. One off-street parking space for each wet slip, plus one off-street parking space for every three dry slips.

All other permitted uses and structures. One off-street parking space for each two persons at work on peak shifts, plus additional spaces as determined by the planning and zoning board.

(3)

(4)

(5)

(6)

Every parcel of land used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

Any commercial parking area shall require a department of environmental regulation stormwater permit before a city development permit can be issued.

(7)

(8)

(9)

(10)

New commercial development within the C-1, C-4 and RF districts may use on-street parking to meet part of the required parking standard as provided in subsection (i)(2) of this section.

(11)

(12)

New development on a single lot (30 feet by 80 feet) within the C-1, C-4 and RF districts may mitigate up to 100 percent of parking not to exceed eight spaces.

(13)

(j)

(k)

All development shall be required to connect to the city water and sewer system where and when it is available.

(l)

All septic tanks and drain fields shall be set back at least 75 feet from waters or wetlands of the state.

(m)

Architectural design, aesthetic, and safety standards for single-family dwellings.

(1)

(2)

To promote safety within residential neighborhoods in the city, the following safety standards shall apply to all newly-constructed single-family dwellings in all zoning districts:

Exterior steps. Exterior steps of elevated homes must be permanently affixed to the foundation or facade stem wall.

Electric meter box. The electrical meter box shall be permanently affixed to the single-family dwelling or mounted on a suitable structure, but in no case shall be pole-mounted.

(LDC, art. IV, § E; Ord. No. 2016-01, 4-5-2016; Ord. No. 2017-07, § 2, 8-8-2017; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2021-02, § 1, 7-6-2021)

Sec. 111-289. - Schedule of fees, charges and expenses.

(a)

(b)

(LDC, art. IV, § F)

Sec. 111-290. - Penalties.

(a)

(b)

(c)

This code may be enforced by the supplemental enforcement provisions of Code chapter 14, Enforcement, at the discretion of the city.

(LDC, art. IV, § G)

Sec. 111-291. - Amendments.

(LDC, art. IV, § I)

Sec. 111-292. - Transient lodging.

Dimensional requirements.

(1)

Hotel/motel.

Minimum number of units: 11.

Maximum number of units: 50.

Minimum square footage per unit: 200 square feet.

Maximum square footage per unit: 600 square feet.

Permissible building height: 35 feet.

Maximum lot coverage: Refer to district standards.

Maximum impervious surface ratio: Refer to district standards.

Minimum building lot size: that amount of land necessary to accommodate the desired number of units (minimum of 11 units) and still adhere to lot coverage and infrastructure requirements.

Minimum width: Refer to district standards.

Minimum depth: Refer to district standards.

Setbacks: Refer to district standards.

(2)

Bed and breakfast.

Maximum number of units: ten (per building).

Minimum building lot size: that amount of land necessary to accommodate the desired number of units and still adhere to lot coverage and infrastructure requirements.

(LDC, art. X; Ord. No. 2017-04, § 4, 4-4-2017; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 2, 12-5-2023)

Sec. 111-293. - Additional regulations.

(1)

(2)

Proper licensing will be required of all transient lodging units.

(3)

A reservation system shall be required as an integral part of the hotel/motel facility for the rental of units.

(4)

For hotels/motels, there shall be a lobby/front desk area that is internally oriented, operated for transient lodging, and occupied or accessible by staff on a 24-hour basis.

(5)

All units shall be subject to all applicable tourist tax collections when rented.

(6)

For hotels/motels, all units must be included in the inventory of units that are available for rent.

(7)

Annual occupational licenses for each business operating a transient lodging facility shall be required from the city.

(8)

All transient lodging facilities must have sufficient signage viewable by the general public designating the uses as such.

(9)

(10)

The city may require affidavits of compliance with this section from each hotel/motel facility owner.

(11)

Each hotel/motel facility shall have no more than one potable water tap and one electrical hookup.

(12)

Time-sharing of hotel/motel/bed and breakfast units shall not be permitted.

(13)

(14)

Transient lodging facilities (applies to hotels, motels and bed and breakfasts) must be located in appropriate zoning districts as provided in the zoning chapter.

(15)

All transient lodging facilities must meet applicable parking, stormwater and site plan requirements as provided in the zoning chapter.

(16)

(17)

(LDC, art. X; Ord. No. 2005-08, § 1, 9-27-2005; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 3, 12-5-2023)

Sec. 111-294. - Parking mitigation.

(a)

This section allows developers to substitute payments toward off-site parking for on-site parking in C-1, C-4, and RF districts.

(b)

(c)

(d)

(e)

(f)

Required parking spaces for nonresidential uses may be mitigated through pro rata contributions to the parking mitigation fund. Mitigation is not allowed for residential uses.

(g)

(h)

No certificate of occupancy shall be issued until complete payment has been received by the city or the city has:

(1)

Approved an agreement providing for a phased payment plan. In no case shall payments be deferred for more than two years;

(2)

Approved an agreement providing for the deferred construction or occupancy of floor space for which parking has not been mitigated; or

(3)

Approved other arrangements providing for required parking to serve the proposed use within 12 months of the application. In no case shall arrangements include a parking variance.

(i)

(j)

The moneys in the parking mitigation fund may be allowed to accumulate from year to year until the city commission determines to expend the moneys in the fund for the purposes specified.

(Ord. No. 2018-02, § 3, 7-10-2018)

Sec. 111-321. - In general.

(LDC, art. IV, § C)

Sec. 111-322. - Historic and nonhistoric nonconforming structures.

(a)

Historic nonconforming structures. The intent of this section is to preserve all historic structures, including those that are nonconforming as to size, setback, elevation, and/or height.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of historic, nonconforming structures.

(2)

(3)

(4)

(b)

Nonhistoric nonconforming structures. The intent of this section is to provide for the limited protection of nonhistoric, nonconforming structures.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonhistoric, nonconforming structures.

(2)

(3)

(4)

(c)

(1)

(2)

An expansion of either an historic or nonhistoric, nonconforming structure is permissible when it is required by law or ordered by the building inspector to secure the safety of the building.

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-323. - Nonconforming uses.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-324. - Nonconforming lots.

(1)

(2)

(3)

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-325. - District regulations.

District regulations comprise those in the schedule of district regulations, hereby declared to be part of this code, and in section 111-288.

(LDC, art. IV, § D)

Apalachicola City Zoning Code

ARTICLE III

- ZONING

Sec. 111-249. - Establishing district.

(a)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby declared to be part of this code.

(b)

(c)

(d)

(LDC, art. IV, § A)

Sec. 111-250. - Rules for interpreting boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

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

(2)

Boundaries indicated, as approximately following platted lot lines, shall be construed as following lot lines.

(3)

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

(4)

(5)

(LDC, art. IV, § B)

Sec. 111-267. - Schedule of district regulations.

List of Districts shall be as follows:

(1)

R-1 single-family residential.

(2)

R-2 multifamily residential.

(3)

R-3 mobile home residential.

(4)

R-4 mixed use residential.

(5)

O/R office residential.

(6)

C-1 general commercial.

(7)

C-2 neighborhood commercial.

(8)

C-3 highway commercial.

(9)

C-4 riverfront commercial.

(10)

RF riverfront.

(11)

R/C research/conservation.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-268. - R-1 single-family residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal. Single-family residential.

(2)

(c)

(1)

Utilities substations.

(2)

Churches.

(3)

Schools.

(4)

Hospitals and clinics (prohibited in velocity zones as shown on the flood insurance rate maps).

(5)

Two-family residential.

(6)

Parks and playgrounds.

(7)

Residential apartment units in existing single-family structures (see subsection (f) of this section).

(8)

Public facilities and structures.

(9)

Home occupations.

(d)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Travel trailers.

(5)

Any structure or use of a nature not specifically or provisionally permitted herein.

(e)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions except for two-family and home occupations.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building size. Single-family dwelling: 800 square feet.

(3)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures, five feet for accessory structures.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

(2)

Parking regulations. See section 111-288.

(3)

(4)

(5)

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-269. - R-2 multifamily residential.

(a)

(b)

Permitted uses and structure.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

(2)

(3)

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Assisted living facilities.

Public facilities and structures.

Residential apartment units in existing single-family structure (see subsection (e) of this section).

(c)

Prohibited uses and structure.

(1)

Mobile homes or house trailers on vacant lots or in residential yards.

(2)

Any structure or use of a nature not specifically or provisionally permitted herein.

(3)

Travel trailers.

(d)

Development standards. Minimum lot or site size shall be as follows:

(1)

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Two family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(3)

Townhouses.

Area.

Site size: 9,000 square feet.

Individual lot size: 1,800 square feet. per dwelling unit.

Maximum building grouping: ten units or 200 feet.

Minimum building grouping: three units or 48 feet.

Width.

Site: 90 feet.

Individual lot: 16 feet.

Depth:

Site: 100 feet.

Individual lot: none.

(4)

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

Minimum building size.

Single family dwelling: 800 square feet.

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

(i)

Single family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(ii)

Two family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

(iii)

Townhouses: For four or fewer attached townhouses the same as for single family. For five or more attached townhouses the same as for multifamily.

(iv)

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

Maximum building restrictions.

Lot coverage: 40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

(2)

Parking regulations. See section 111-288.

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 600 square feet.

Maximum of 20 dwelling units per acre at total build-out.

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite.

(f)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-270. - R-3 mobile home residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Townhouses.

Multifamily residential.

Mobile and modular homes constructed in accordance with the Florida Building Code.

(2)

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions.

Funeral homes.

Utilities substations.

Churches.

Schools.

Hospitals and clinics.

Home occupations.

Cemeteries.

Public facilities and structures.

Mobile home parks (see site plan requirements).

Parks and playgrounds.

Child care centers.

(c)

Prohibited uses and structures. Any structure or use of a nature not specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and home occupations.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family and day care centers.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Townhouses.

Area:

(i)

Site size: 9,000 square feet.

(ii)

Individual lot size: 1,800 square feet per dwelling unit.

(iii)

Maximum building grouping: ten units or 200 feet.

(iv)

Minimum building grouping: three units or 48 feet.

Width:

(i)

Site: 90 feet.

(ii)

Individual lot: 16 feet.

Depth:

(i)

Site: 100 feet.

(ii)

Individual lot: none.

Multifamily and special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 85 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot:

Single-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Two-family: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Townhouses: for four or fewer attached townhouses, the same as for single-family. For five or more attached townhouses, the same as for multifamily.

Multifamily: 15 feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structure.

Five feet for accessory structure.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage.

40 percent for single-family.

45 percent for two-family.

45 percent for townhouses.

50 percent for multifamily.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures in residential districts. In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards.

(2)

Review requirements for mobile home parks.

Mobile home park site plan requirements: as a special exception, mobile home parks are allowed in this district when the developer meets the following requirements:

Submit a site plan.

Submit a department of environmental regulation permitted stormwater management plan.

The park must be hooked up to the city's central water and sewer.

Submit a copy of park regulations that require:

(i)

Under skirting;

(ii)

Limit on accessory buildings.

A mobile home park may have a greater density up to one unit per 4,500 square feet, with minimum lot width of 50 feet, minimum lot depth of 90 feet, provided that:

All of the above requirements are met.

The planning and zoning board is satisfied that because of the layout of the park, the increased density will not have a negative effect on the character of the area.

All parks require a 20-foot landscaped area adjacent to public streets which shall be attractive and maintained at all times. This required buffer may be included within a required setback.

(3)

Multifamily housing.

50 percent maximum lot coverage which shall include impervious surface.

Maximum of one ground floor dwelling unit per 2,000 square feet of total building site.

Minimum dwelling unit size shall be 500 square feet.

Maximum of 20 dwelling units per acre at total build-out.

(4)

(5)

Parking regulations. See section 111-288.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-271. - R-4 mixed use residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Laundromats.

Monument companies.

Retail food and grocery.

Retail drug stores.

Retail hardware.

Retail variety stores.

Retail specialties.

Retail small appliances.

Upholstery.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Utilities substations.

Child care centers.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Churches.

Schools.

Residential apartment units.

Funeral homes.

Utilities substations.

(c)

Prohibited uses and structures.

(1)

Mobile homes and house trailers.

(2)

Travel trailers.

(3)

Junkyards.

(4)

Any structures or uses not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

Special exceptions.

Area: 12,000 square feet.

Width: 120 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet for principal structures.

Five feet for accessory structures.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Location of accessory structures. No accessory structures shall be located in required front or side yards.

(2)

Parking regulations. See section 111-288.

(3)

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-272. - O/R office residential.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Single-family residential.

Two-family residential.

Professional offices and services.

Studios and galleries for photography, music, art, dance, vocal and drama.

Medical offices and services.

Bed and breakfasts.

(2)

(3)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

Funeral homes.

Utilities substations.

Hospitals and clinics.

Public buildings.

Cemeteries.

Churches and church-sponsored businesses.

Schools.

Residential apartment units.

Child care centers.

(c)

Prohibited uses and structures.

(1)

Mobile homes or housetrailers.

(2)

Establishments for the conduct of retail trade.

(3)

Storage yards or warehouses.

(4)

Any structure or use not of a nature specifically or provisionally permitted herein.

(d)

Development standards.

(1)

Minimum lot or site size.

Single-family and other principal uses.

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

Two-family.

Area: 9,000 square feet.

Width: 90 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 40 percent.

Permissible building height: 35 feet.

(e)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

(3)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and depth of 100 feet, and provided that at least one parking space per apartment unit is provided on-site.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-273. - C-1 general commercial downtown.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail establishments.

Eating and drinking establishments.

Offices, studios.

Financial institutions.

Service establishments.

Hotel, motels.

Private clubs.

Public buildings.

Trade schools.

Funeral homes.

Utilities substations.

Indoor amusements.

Indoor theaters.

Repair services (small items).

Printing and publishing.

Child care centers.

Laundromats.

Retail package stores.

Light manufacturing and assembly.

Boat sales and service/marine retail.

Retail and wholesale seafood establishments.

Museums, galleries.

Medical offices/clinics.

Veterinary clinics.

Service stations/convenience stores. Note: light automotive repair is an acceptable use provided it is done in conjunction with a service station operation.

aa.

Stand-alone, single-family dwellings existing on the effective date of state department of economic opportunity's state register notice approving this provision.

bb.

Bed and breakfast units.

On an upper floor above a first floor commercial business, provided the bed and breakfast use is compatible with the first floor commercial use; or

Note— Any change of use affecting intensity/density of use of land within this district will be subject to planning and zoning board review.

(2)

(c)

(d)

Prohibited uses and structures.

(1)

Adult businesses.

(2)

(e)

Development standards.

(1)

Minimum lot or site size; principal uses.

(2)

Minimum building setbacks.

Front: zero feet.

Side, interior lot: none.

Side, corner lot: none.

Rear: zero feet.

(3)

Minimum building size.

Single-family dwelling: 800 square feet.

(4)

Maximum building restrictions.

Lot coverage: 80 percent.

Permissible building height: 35 feet.

(5)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

(3)

Sign regulations. See chapter 113.

(4)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater management plan.

(5)

(6)

Sewer and water. All development within the C-1 general commercial district must be hooked up to the city water and sewer system.

(7)

(8)

(LDC, art. IV; Ord. No. 2005-05, § I, 8-2-2005; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2019-05, 7-2-2019)

Sec. 111-274. - C-2 neighborhood commercial.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail food and grocery.

Retail drug stores.

Retail hardwares.

Retail variety stores.

Retail specialties.

Retail small appliances.

Eating and drinking establishments.

Offices, studios.

Upholstery.

Laundromats.

Personal services (barber and beauty shops).

Social, fraternal and recreational clubs.

Antique shops.

Financial institutions.

Single-family.

Utilities substations.

Child care centers.

(2)

(c)

Special exceptions. After public notice and hearing and appropriate conditions safeguards, the planning and zoning board may permit, as special exceptions the following:

(1)

Bed and breakfasts.

(2)

Indoor amusements (pool, billiard, similar uses).

(3)

Service stations (no repair facilities).

(4)

Two-family.

(5)

Residential apartment units.

(d)

Prohibited uses and structures.

(1)

Junkyards.

(2)

Mobile homes.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use of structure.

(5)

Large-scale commercial activities.

(e)

Development standards.

(1)

Minimum lot or site size. Single-family and other principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Single-family.

Front: 15 feet.

Side, interior lot: 7½ feet each side, or any combination of setbacks on each that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: 15 feet.

Rear: 25 feet.

(3)

Other principal uses.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(f)

Maximum building restrictions.

(1)

Single-family.

Lot coverage: 40 percent.

Building height: 35 feet.

(2)

Other principal uses.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(g)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Sign regulations. See chapter 113.

(3)

(4)

Residential apartment units. When approved as a special exception, up to a maximum of three residential apartment units may be allowed per existing single-family structure, provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet, and provided that at least one parking space per apartment unit is provided on-site; however, up to a maximum of four residential apartment units may be allowed when approved as a special exception, provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided on-site.

(5)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

(6)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 2011-03, § II, 7-5-2011; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-275. - C-3 highway commercial.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Hotels, motels, and bed and breakfasts.

Restaurants.

Antique shops.

Business and professional offices.

Medical offices.

Social and fraternal clubs and lodges.

Repair services.

Financial, insurance, and real estate services.

Personal services (barber and beauty shops).

Utilities substations.

(2)

Accessory. Customary uses and structures clearly incidental to one or more permitted uses and structures including dwelling units for owners or employees of permitted principal uses provided that such accessory use shall not be of a nature prohibited as a principal use.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit as special exceptions:

(1)

Convenience stores.

(2)

Retail specialties.

(3)

Churches.

(4)

Service stations.

(5)

Single-family residential.

(6)

Two-family residential.

(d)

Prohibited uses and structures.

(1)

Mobile homes.

(2)

House trailers.

(3)

Residential travel trailers.

(4)

Uses and structures not permitted as a special exception, principal use or accessory use and structure.

(5)

(e)

Development standards.

(1)

Minimum lot or site size. Principal uses:

Area: 6,000 square feet.

Width: 60 feet.

Depth: 100 feet.

(2)

Minimum building setback.

Front: 15 feet.

Side, interior lot: five feet.

Side, corner lot: five feet.

Rear: ten feet.

(3)

Maximum building restrictions.

Lot coverage: 60 percent.

Permissible building height: 35 feet.

(4)

Applicable regulations.

Parking regulations. See section 111-288.

Sign regulations. See chapter 113.

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan.

Supplemental regulations.

Provisions of article I of this chapter and article I of chapter 115 shall be applicable to certain lands within this district.

(LDC, art. IV)

Sec. 111-276. - C-4 riverfront commercial district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale building materials.

Automotive repair, sales and rental.

Veterinary hospitals, medical clinics and offices.

Light manufacturing and assembly.

Printing and publishing.

Boat sales and services.

Retail and wholesale activities.

Retail and wholesale seafood.

Ship repair yards with dry-dock facilities.

Marine supplies.

One single-family dwelling, one apartment, or one residential apartment unit per 2,400 square feet of lot when combined with a commercial establishment. All such residential units shall not extend beyond the total foundation footprint (may include porches, but not parking spaces and/or driveways) of the first commercial floor. Further, the residential units will not be permitted on the ground floor, nor shall first floor parking garages, storage units or drive-throughs be considered commercial endeavors. Commercial and residential units will not be connected within the building. Separate entrances must be provided. Upstairs residential use shall be compatible with the first floor commercial use.

Hotels, motels.

Eating and drinking establishments.

Offices/studios.

Museums/galleries.

Bed and breakfasts units, on an upper floor above a first floor commercial business. Upstairs bed and breakfast use shall be compatible with the first floor commercial use.

Note— Any change of use affecting any intensity/density of use of land within this district shall be subject to planning and zoning board review.

(2)

(c)

(d)

Prohibited uses and structures.

(1)

(2)

Adult businesses.

(e)

Development standards.

(1)

(2)

Minimum building setbacks.

Front: zero or the minimum distance required to provide elevated access to the building.

Side: five feet. Note: the minimum five-foot setback may be reduced to zero, provided appropriate fire safety standards (firewalls, etc.) are met.

Rear: zero or the balance between what is necessary to set back on the front and still meet a 20-foot overall setback from front/rear.

(3)

Minimum building size. Single-family dwelling: 800 square feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(5)

Maximum building restrictions.

Lot coverage: 65 percent. See subsection (f)(6) of this section for additional requirements.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Stormwater management plans. Commercial development requires a department of environmental regulation permitted stormwater plan and review by city engineers.

(2)

(3)

Parking regulations. See section 111-288.

(4)

Sign regulations. See chapter 113.

(5)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 shall be applicable to all lands within this district. Those areas within this district which fall within the special waterfront district are also subject to applicable regulations.

(6)

Development adjacent to wetlands. According to the city comprehensive plan (Coastal Management Element: Policy 2.2) the city's land use regulations shall prohibit high-density development proposed for areas within the special waterfront district adjacent to the waters or wetlands of the state. Development on lots adjacent to waters/wetlands will be restricted to 60 percent lot coverage. Further, lots that fall within the special waterfront district, which are adjacent to waters or wetlands of the state, will maintain a 20-foot buffer (ten feet in RF). See subsection (7) of this section for applicable types of development allowed within the special waterfront district buffer.

(7)

(8)

Hotels/motels. See the sections 111-292 and 111-293 for specific development standards that apply to uses in this district.

(LDC, art. IV; Ord. No. 2006-01, 2-7-2006; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-277. - RF riverfront district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Retail and wholesale seafood.

Ship repair yards and dry-dock facilities.

Marine supplies and bait shops.

Ice houses.

Marinas.

Restaurants.

Motels/hotels.

Recreation facilities.

Boat sales and service.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted uses and structures.

(c)

Special exceptions. After public notice and hearing and appropriate conditions and safeguards, the planning and zoning board may permit, as special exceptions, the following:

(1)

Fuel dispensing devices.

(2)

Retail establishments, such as, but not limited to, gift shops, boutiques, and souvenir shops.

(3)

Drinking establishments.

(4)

Multifamily residential.

(5)

Single-family residential.

(6)

Utilities substations.

(d)

Prohibited uses and structures. All uses and structures not of a nature specifically or provisionally permitted.

(e)

Development standards.

(1)

Minimum lot or site size.

Principal uses other than residential.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Single-family.

Area: 3,500 square feet platted.

Width: 50 feet.

Depth: 70 feet platted.

Multifamily residential.

Area: 7,000 square feet platted.

Width: 100 feet.

Depth: 70 feet platted.

(2)

Minimum building setbacks.

Residential uses.

Front: none.

Side, interior lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Side, corner lot: any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet.

Rear: ten feet from the river.

Other principal uses.

Front: none.

Rear: ten feet from the river.

(3)

Maximum building restrictions.

Lot coverage: 80 percent total lot coverage.

50 percent impervious lot coverage.

Permissible building height: 35 feet.

(4)

Maximum building footprint. A single commercial development building footprint may not exceed 8,500 square feet.

(f)

Applicable regulations.

(1)

(2)

Stormwater management.

(3)

(4)

Parking requirements. See section 111-288.

(5)

(6)

(7)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115 of this code shall be applicable to certain lands within this district.

(8)

Standards for marinas.

New enclosed boat basins shall be prohibited.

Docks shall extend out to water no less than four feet deep at mean low tide.

Dredging for new marinas shall be restricted to limited channels for launching boats.

Marinas must provide vehicular parking according to the standards set forth in section 111-288.

Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water.

All parking, dry storage and non-water-dependent facilities shall be built on existing uplands.

All marinas shall be required to have sewage pump out facilities.

(LDC, art. IV; Ord. No. 2018-02, § 2, 7-10-2018)

Sec. 111-278. - R/C research conservation district.

(a)

(b)

Permitted uses and structures.

(1)

Principal.

Open space.

Scientific research facilities.

Educational facilities for natural observation and demonstration programs.

Facilities necessary for the regulation and support of public facilities.

Management facilities for federal, state or local research programs.

(2)

Accessory. Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures.

(c)

(d)

Prohibited uses and structures.

(1)

Residential uses.

(2)

Commercial uses.

(3)

Industrial uses.

(e)

Development standards.

(1)

Minimum lot or site size.

Area: 8,000 square feet.

Width: 80 feet.

Depth: 100 feet.

(2)

Minimum building setbacks.

Front: 25 feet.

Side, interior lot: 15 feet.

Side, corner lot: 15 feet.

Rear: 20 feet.

(3)

Maximum building restrictions.

Lot coverage: 30 percent.

Permissible building height: 35 feet.

(f)

Applicable regulations.

(1)

Parking regulations. See section 111-288.

(2)

Facilities and structures must be located on sides adjacent to existing roadway.

(3)

No development, except elevated pervious walkways, shall occur within 60 feet of marsh land, wetlands or mean high water. This 60 feet shall consist of a vegetated buffer.

(4)

Supplemental regulations. Provisions of article I of this chapter and article I of chapter 115, shall be applicable to certain lands within this district.

(LDC, art. IV; Ord. No. 86-3, 11-13-1986; Ord. No. 2008-01, 5-6-2008; Ord. No. 2017-04, 4-4-2017; Ord. No. 2017-07, § 2, 8-8-2017)

Sec. 111-288. - In general.

(a)

(b)

(c)

Alleys. Ten-foot alleys are intended to accommodate utility lines, such as water and sewer, and are not intended to support traffic. Ten-foot alleys are not to be used for ingress and egress.

(d)

(1)

(2)

No operation in connection with such establishments shall be conducted in a manner, which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

(3)

(4)

(5)

(e)

Fences.

(1)

Requirements applying to all zoning districts and the historic district.

A fence may abut but shall not be located on any property line.

(2)

All residential districts.

Height, location, and design.

No fence or wall in excess of four feet (48 inches) in height shall be allowed in the front yard (for corner lots, the two sides of the lot paralleling the two streets).

As required in section 11-288(b) above, front-yard fences on corner lots may not exceed two and one-half feet (30 inches) in height within 50 feet of the point of intersection of two streets.

No fence or wall in excess of six feet (72 inches) in height shall be allowed in side and/or rear yards. These fences may begin from the rear of the principal structure facade.

(f)

(1)

Home occupations.

Home occupations shall not involve employment of nonresidents of the premises;

Home occupations shall be conducted entirely and only within the principal residential structure and shall not occupy more than 25 percent of the floor area of such structure;

There shall be no external evidence of the conduct of such occupation except one sign, not illuminated, and not exceeding one square foot in area, mounted flat against the wall of the residence;

Home occupations shall not be constructed to include barbershops, beauty parlors, tea rooms, and food processing establishments, restaurants, antique stores, or commercial kennels.

(2)

Residential apartment units.

Residential apartment units are subject to particular district standards for single-family dwellings.

(g)

(h)

(1)

All housing and other structures within this waterfront area shall be connected to the city's central sewer system.

(2)

All plans for development with the waterfront area shall ensure:

Wetlands will be preserved and protected.

Land development shall be consistent with a safe environment, adequate community facilities, and a desire to minimize environmental hazards.

(3)

(4)

(5)

(6)

(7)

The alteration, other than approved maintenance, of mosquito ditches is prohibited.

(i)

Parking requirements.

(1)

(2)

Dwelling. One parking space for each dwelling unit or room for rent.

Offices, studios, and financial institutions. One off-street parking space for each two persons at work on peak shifts, plus one for each 500 square feet of floor space open to the public.

Marinas. One off-street parking space for each wet slip, plus one off-street parking space for every three dry slips.

All other permitted uses and structures. One off-street parking space for each two persons at work on peak shifts, plus additional spaces as determined by the planning and zoning board.

(3)

(4)

(5)

(6)

Every parcel of land used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

Any commercial parking area shall require a department of environmental regulation stormwater permit before a city development permit can be issued.

(7)

(8)

(9)

(10)

New commercial development within the C-1, C-4 and RF districts may use on-street parking to meet part of the required parking standard as provided in subsection (i)(2) of this section.

(11)

(12)

New development on a single lot (30 feet by 80 feet) within the C-1, C-4 and RF districts may mitigate up to 100 percent of parking not to exceed eight spaces.

(13)

(j)

(k)

All development shall be required to connect to the city water and sewer system where and when it is available.

(l)

All septic tanks and drain fields shall be set back at least 75 feet from waters or wetlands of the state.

(m)

Architectural design, aesthetic, and safety standards for single-family dwellings.

(1)

(2)

To promote safety within residential neighborhoods in the city, the following safety standards shall apply to all newly-constructed single-family dwellings in all zoning districts:

Exterior steps. Exterior steps of elevated homes must be permanently affixed to the foundation or facade stem wall.

Electric meter box. The electrical meter box shall be permanently affixed to the single-family dwelling or mounted on a suitable structure, but in no case shall be pole-mounted.

(LDC, art. IV, § E; Ord. No. 2016-01, 4-5-2016; Ord. No. 2017-07, § 2, 8-8-2017; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 2021-02, § 1, 7-6-2021)

Sec. 111-289. - Schedule of fees, charges and expenses.

(a)

(b)

(LDC, art. IV, § F)

Sec. 111-290. - Penalties.

(a)

(b)

(c)

This code may be enforced by the supplemental enforcement provisions of Code chapter 14, Enforcement, at the discretion of the city.

(LDC, art. IV, § G)

Sec. 111-291. - Amendments.

(LDC, art. IV, § I)

Sec. 111-292. - Transient lodging.

Dimensional requirements.

(1)

Hotel/motel.

Minimum number of units: 11.

Maximum number of units: 50.

Minimum square footage per unit: 200 square feet.

Maximum square footage per unit: 600 square feet.

Permissible building height: 35 feet.

Maximum lot coverage: Refer to district standards.

Maximum impervious surface ratio: Refer to district standards.

Minimum building lot size: that amount of land necessary to accommodate the desired number of units (minimum of 11 units) and still adhere to lot coverage and infrastructure requirements.

Minimum width: Refer to district standards.

Minimum depth: Refer to district standards.

Setbacks: Refer to district standards.

(2)

Bed and breakfast.

Maximum number of units: ten (per building).

Minimum building lot size: that amount of land necessary to accommodate the desired number of units and still adhere to lot coverage and infrastructure requirements.

(LDC, art. X; Ord. No. 2017-04, § 4, 4-4-2017; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 2, 12-5-2023)

Sec. 111-293. - Additional regulations.

(1)

(2)

Proper licensing will be required of all transient lodging units.

(3)

A reservation system shall be required as an integral part of the hotel/motel facility for the rental of units.

(4)

For hotels/motels, there shall be a lobby/front desk area that is internally oriented, operated for transient lodging, and occupied or accessible by staff on a 24-hour basis.

(5)

All units shall be subject to all applicable tourist tax collections when rented.

(6)

For hotels/motels, all units must be included in the inventory of units that are available for rent.

(7)

Annual occupational licenses for each business operating a transient lodging facility shall be required from the city.

(8)

All transient lodging facilities must have sufficient signage viewable by the general public designating the uses as such.

(9)

(10)

The city may require affidavits of compliance with this section from each hotel/motel facility owner.

(11)

Each hotel/motel facility shall have no more than one potable water tap and one electrical hookup.

(12)

Time-sharing of hotel/motel/bed and breakfast units shall not be permitted.

(13)

(14)

Transient lodging facilities (applies to hotels, motels and bed and breakfasts) must be located in appropriate zoning districts as provided in the zoning chapter.

(15)

All transient lodging facilities must meet applicable parking, stormwater and site plan requirements as provided in the zoning chapter.

(16)

(17)

(LDC, art. X; Ord. No. 2005-08, § 1, 9-27-2005; Ord. No. 2017-07, § 3, 8-8-2017; Ord. No. 2023-06, § 3, 12-5-2023)

Sec. 111-294. - Parking mitigation.

(a)

This section allows developers to substitute payments toward off-site parking for on-site parking in C-1, C-4, and RF districts.

(b)

(c)

(d)

(e)

(f)

Required parking spaces for nonresidential uses may be mitigated through pro rata contributions to the parking mitigation fund. Mitigation is not allowed for residential uses.

(g)

(h)

No certificate of occupancy shall be issued until complete payment has been received by the city or the city has:

(1)

Approved an agreement providing for a phased payment plan. In no case shall payments be deferred for more than two years;

(2)

Approved an agreement providing for the deferred construction or occupancy of floor space for which parking has not been mitigated; or

(3)

Approved other arrangements providing for required parking to serve the proposed use within 12 months of the application. In no case shall arrangements include a parking variance.

(i)

(j)

The moneys in the parking mitigation fund may be allowed to accumulate from year to year until the city commission determines to expend the moneys in the fund for the purposes specified.

(Ord. No. 2018-02, § 3, 7-10-2018)

Sec. 111-321. - In general.

(LDC, art. IV, § C)

Sec. 111-322. - Historic and nonhistoric nonconforming structures.

(a)

Historic nonconforming structures. The intent of this section is to preserve all historic structures, including those that are nonconforming as to size, setback, elevation, and/or height.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of historic, nonconforming structures.

(2)

(3)

(4)

(b)

Nonhistoric nonconforming structures. The intent of this section is to provide for the limited protection of nonhistoric, nonconforming structures.

(1)

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonhistoric, nonconforming structures.

(2)

(3)

(4)

(c)

(1)

(2)

An expansion of either an historic or nonhistoric, nonconforming structure is permissible when it is required by law or ordered by the building inspector to secure the safety of the building.

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-323. - Nonconforming uses.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-324. - Nonconforming lots.

(1)

(2)

(3)

(LDC, art. IV, § C; Ord. No. 2017-05, § 4, 4-4-2017)

Sec. 111-325. - District regulations.

District regulations comprise those in the schedule of district regulations, hereby declared to be part of this code, and in section 111-288.

(LDC, art. IV, § D)