(a)

Purpose. The purpose of the Harbor Overlay District is to create a unique mixed use development that will enhance the area and promote activity on the Conn Brown Harbor peninsula while preserving an environmentally sensitive area.

(b)

Development. Development within the Harbor Overlay District must be in accordance with the approved Development Plan shown and attached as Exhibit A. (Ordinance No. 2015-4120, September 8, 2015)

(c)

Uses. All uses permitted in this district must comply with the uses permitted in the "GB" General Business District.

(d)

Additional uses. The following uses are in addition to the uses permitted by right in the "GB" General Business District.

(1)

Marinas;

(2)

Outside storage of boats and boat trailers within this overlay district must be screened from public view.

(3)

Enclosed boat storage is an allowed use provided that all associated activity occurs within the boundaries of the tract of land.

(e)

Prohibited uses. The following uses are prohibited within the overlay district.

(1)

Animal Clinic or Hospital, with or without outside runs;

(2)

Bar, Lounges, or taverns;

(3)

Billiards Parlor;

(4)

Book, Handcraft Binding;

(5)

Brick Yard and Similar Building Material Sales;

(6)

Cabinet and Woodwork Shop, Custom;

(7)

Cemetery;

(8)

Cleaning Shop, Commercial or Small Custom Shop;

(9)

Convent or Monastery;

(10)

Dance Hall or Night Club;

(11)

Eating establishments with drive-in or curb service;

(12)

Institution for Care of Alcoholic;

(13)

Laboratory, Medical or Dental;

(14)

Motor Vehicle and Related Uses, except that Parking, Commercial Lot or

(15)

Garage will be allowed;

(16)

Mortuary;

(17)

Nursing Home or Residence Home;

(18)

Pawn Shop;

(19)

Salvage and Reclamation.

(20)

Second-Hand Store, Used;

(21)

Storage, Processing and Commercial Uses

(22)

Tool Rental; and

(23)

Welfare or Health Center

(f)

Height. The maximum heights permitted within the Harbor Overlay District is fifty-four (54) feet for the hotel and commercial development; one hundred (100) feet for the condominium development and fifty (50) feet for single-family and townhouse development.

(g)

Residential lot standards. Standards for residential lots must comply with the following:

(1)

Lot width - Each residential lot must have a width of not less than forty (40) feet.

(2)

Lot depth - Each residential lot must have a lot depth of not less than seventy-seven (77) feet.

(h)

Setbacks. Setbacks for each type of development is shown in the details attached and labeled as Exhibit C. (Ordinance No. 2015-4120, September 8, 2015)

(i)

Pedestrian walkway. A pedestrian walkway of not less than ten (10) feet in width shall be constructed and located in accordance with the attached phasing plan (Exhibit B). (Ordinance No. 2015-4120, September 8,2015)

(j)

Architectural control committee. Development within the Harbor Overlay District must be reviewed and approved by the Architectural Control Committee (ACC) prior to the issuance of any building permit. The ACC shall comprise of five (5) members of which two (2) members will be current City Council members appointed by the City Council. The ACC must approve or reject the proposed development within ten (10) business days after a complete submittal is received. Failure to meet the ten (10) business day deadline, the development shall be deemed approved and a building permit shall be issued.

(k)

Parking. Parking for each use must be in compliance with the parking regulations as listed in Section 12 of the Zoning Ordinance, as amended.

(l)

Roadway sections. Roadway sections must comply with City design standards and be consistent with cross sections as shown in Exhibit D. (Ordinance No. 2015-4120, September 8, 2015)

(m)

Existing uses. Uses existing in the Harbor Overlay District at the time this ordinance and not consistent with Conditions 3 and 4 shall be considered as nonconforming uses. As a nonconforming use, the existing use may be allowed to continue as long as it remains in operation. If the use ceases operation for a period of ninety (90) days or more, the use shall be considered as abandoned and not allowed to reopen. Destruction of a nonconforming use/structure, whether intentionally or unintentionally, equal to or greater than fifty-one percent (51%) shall not be allowed to rebuild and the nonconforming use/structure shall be deemed closed. The nonconforming use/structure may be allowed to make repairs equal to or less than fifty percent (50%) of the original value to maintain the structure in a safe and working condition. The nonconforming use may not expand its operations, increase the square footage of the existing buildings; and/or expand its paved area or outside storage area. All existing outside storage area must be screened from public view within one hundred eighty days (180) days after the passage of this ordinance.