Belle Isle City Zoning Code

ARTICLE III

- ZONING CLASSIFICATIONS

Sec. 54-71. - Establishment of districts.

In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and restrict the height and bulk of buildings, and to regulate the area of yards, courts and open spaces about buildings, the city is divided into zoning districts.

(Ord. No. 92-6, ch. I, art. B, § 2, 12-15-1992; Ord. No. 98-1, 3-3-1998)

Sec. 54-72. - Districts shown on maps.

The boundaries of the various districts are shown upon a map entitled "The Official Zoning Map of Belle Isle, Florida," which is on file at city hall. The map, together with any amendments thereto, is intended to show the geographical area of the entire city. The map and amendments thereto including notations, references and other information shall be as much a part of this Land Development Code as if all the matter and information set forth on said map was fully described herein. The Official Zoning Map of Belle Isle, Florida, sometimes referred to as the "official zoning map" or "zoning map" is hereby incorporated by reference into the Land Development Code.

(Ord. No. 92-6, ch. I, art. B, § 3, 12-15-1992; Ord. No. 98-1, 3-3-1998; Ord. No. 03-11, 31, 2-4-2003)

Sec. 54-73. - Rules for interpretation of district boundaries.

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

(1)

Where district boundaries appear to follow streets, highways or alleys, the centerlines thereof shall be construed to be the district boundaries.

(2)

Where district boundaries are indicated as approximately parallel to the centerlines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is indicated specifically on the zoning map, the scale of the map shall determine the distance.

(3)

Where district boundaries run to, but do not extend into water areas, they shall be considered to run into such water areas in a straight line, continuing the prevailing direction of the boundary as it approached the water until they intersect other district boundaries or geographic limits of the city. Boundaries which run through watercourses, lakes and other water areas shall be presumed to terminate midway through such water areas unless otherwise indicated.

(4)

Where district boundaries appear to follow platted lot lines, such lot lines shall be construed to be the district boundaries.

(5)

Where district boundaries are indicated by specific dimensions, such specific dimensions shall control.

(6)

Where district boundaries divide platted lots or cross unsubdivided property, and where no specific dimensions are indicated on the official zoning map, the scale of the official zoning map shall control.

(7)

Where the street or property layout or other physical features existing on the ground are at variance with the official zoning map, or where other uncertainties exist as to interpretation of the official zoning map, the mayor shall interpret the map or maps to fix the exact location of zoning district boundaries.

(Ord. No. 92-6, ch. I, art. B, § 4, 12-15-1992; Ord. No. 98-1, 3-3-1998)

Sec. 54-74. - Agricultural districts A-1 and A-2.

(a)

Intent and purpose of districts. The agricultural districts are intended to apply to areas, having a present or prospective use which is primarily agricultural, or the future development of which is uncertain and for which a more restricted zoning would be premature. The regulations in the agricultural districts are intended to permit a reasonable use of the property, while at the same time preventing conditions which would blight or prevent the proper future use of contiguous or nearby property. The A-1 district is composed largely of land used for citrus production, nurseries, greenhouses and truck farms; whereas, the A-2 district is composed largely of land used for livestock and poultry production.

(b)

Uses permitted.

(1)

The following uses shall be permitted in the A-1 citrus rural district:

A single-family dwelling with customary accessory uses.

Citrus and other fruit crops cultivation and production.

Home occupations.

Plant nurseries.

Sale of products and commodities which are produced on the premises only, providing structures for such activity are set back at least 25 feet from any front property line.

Truck farms.

(2)

The following uses shall be permitted in the A-2 farmland rural district:

Any use permitted in the A-1 district.

Animal or stock grazing, feeding, including cattle, horses, sheep and goats, but excluding swine.

Dairy farm.

Riding stables, when located on a tract of land of not less than ten acres; provided that no structure, pen or corral housing animals shall be closer than 200 feet from any property line and provided that the density shall not exceed one animal per acre of lot area.

(c)

Special exceptions. These uses shall be permitted as special exceptions provided that any review and hearing of an application for a special exception shall consider the character of the area in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

(1)

The following uses may be permitted as special exceptions in A-1 citrus rural districts:

Tenant dwellings, for yearround employees, on the basis of one dwelling unit for each five acres of land, provided such dwellings are accessory to the principal use of land.

Greenhouses.

Churches, with their attendant educational buildings and recreational facilities.

Schools, public and private with academic curriculums, including colleges and universities.

Cemeteries, mausoleums, crematoriums.

Veterinary hospitals and kennels.

Hospitals, sanitariums and nursing homes.

Public or privately owned and operated amusement recreational facilities, open to the public, such as, but not limited to, athletic fields, stadiums, race tracks and speedways, golf driving ranges, swimming pools.

Temporary asphalt and cement batching plants subject to state department of health regulations.

Housing for temporary or migratory farm labor.

Communication towers and antennas.

Each application for a special exception shall be accompanied by a site plan, incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way and the location of buildings, parking areas, curb cuts, and driveways. Said site plan shall be submitted to and approved by the board prior to the granting of a building permit and may be amended only by the board.

(2)

The following uses may be permitted as special exceptions in A-2 farmland rural districts:

Cemeteries, mausoleums, crematoriums.

Veterinary hospitals and kennels.

Hospitals, sanitariums and nursing homes.

Public or privately owned and operated amusement recreational facilities open to the public, such as, but not limited to, athletic fields, stadiums, racetracks and speedways, golf driving ranges and swimming pools.

Housing for temporary or migratory farm labor.

Temporary asphalt and cement batching plants subject to state department of health regulations.

Poultry raising in excess of 100 birds and swine raising (except for domestic purposes) may be permitted as special exceptions subject to the following additional requirements:

All pens, birds, swine, manure and waste disposal activities shall be located at least 2,000 feet from any existing R-1, R-1A, R-1AA, R-2 or R-3 districts.

The minimum lot size for poultry and swine operations shall be nine acres.

All pens, birds, swine, manure and waste disposal activities shall be located at least 150 feet from abutting property and shall be located at least 200 feet from public streets.

Dead birds and swine shall be disposed of in accordance with county health department regulations.

Manure and other wastes shall be disposed of in accordance with county health department regulations.

Flies and insects shall be controlled in accordance with county health department regulations.

Each application for a special exception shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way and the location of buildings, parking areas, curb cuts and driveways. Said site plan shall be submitted to the board for review and approval. The board shall approve the site plan prior to the granting of a building permit. Upon such approval, said site plan becomes a part of the building permit and may be amended only by the board.

Communication towers and antennas.

(d)

Development standards. All development in A-1 and A-2 zoning districts shall be subject to the requirements set forth in chapter 50, article III.

(Ord. No. 92-6, ch. II, art. B, § 1, 12-15-1992; Ord. No. 98-3, §§ 3, 4, 4-21-1998)

Sec. 54-75. - Single-family dwelling districts R-1-AAA, R-1-AA, R-1-A, and R-1.

(a)

Intent and purpose of district. The areas included within R-1-AAA, R-1-AA and R-1-A single-family dwelling districts are intended to be single-family residential areas with large lots and low population densities. The areas included in R-1 single-family dwelling district are of similar general character as R-1-AA and R-1-A, but with a smaller minimum lot size and a corresponding increase in population density. R-1 districts are also used as transition areas between higher densities and lower densities. Certain structures and uses required to serve public, educational, religious, utilities, and noncommercial recreational needs of such areas are permitted within these districts as special exceptions.

All waterfront property shall be limited to R-1-AAA, R-1-A or R-1-AA. All existing waterfront properties which have a zoning classification other than R-1-AAA, R-1-A or R-1-AA shall be exempted from this provision.

(b)

Permitted uses. Only the following uses shall be permitted in any R-1-AAA, R-1-AA, R-1-A, or R-1 single-family dwelling district:

(1)

Detached single-family dwellings;

(2)

Accessory buildings and uses;

(3)

Boat docks;

(4)

Citrus groves in operation on December 28, 1992; and

(5)

Any mobile home located in an existing mobile home park on December 28, 1992. Individual units in a mobile home park may be replaced; however, the total number of mobile homes in the park can not exceed the total number of mobile homes in the park on December 28, 1992.

(c)

Special exceptions. The following uses shall be permitted as special exceptions in the R-1-AAA, R-1-AA, R-1-A or R-1 zoning districts, except that subsection (c)(9) only applies in R-1-AA and R-1-AAA zoning districts, provided that any review and hearing of an application for a special exception shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities:

(1)

Schools, public, parochial and private, with academic curriculums;

(2)

Churches with their attendant educational buildings and recreational facilities;

(3)

Parks and recreation areas owned and operated by nonprofit organizations;

(4)

Public utility and service structures;

(5)

Guest cottages without kitchens;

(6)

Stadiums in conjunction with school facilities, provided the seating capacity does not exceed the student enrollment of the school to be served plus ten percent;

(7)

Golf courses with customary attendant clubhouse facilities and accessory buildings;

(8)

Public uses in addition to those already specified in this section;

(9)

A reduction of the front yard and rear yard setback requirements of the R-1-AA and R-1-AAA zoning district may be permitted as a special exception, provided that: (i) the reduction shall be available only in those subdivisions which are private, gated communities having private internal roads, such that the subdivision is not accessible to the general public; (ii) the reduction shall not exceed a total (combined front and rear yard setbacks) of ten feet with a maximum reduction to rear yard setback of five feet; (iii) the special exception shall be requested as part of the preliminary subdivision plan review and approval process; (iv) the proposed reduction shall not be injurious to the health, safety or welfare of the public or surrounding property owners, and shall recognize and protect the character of surrounding properties.

(d)

Development standards. All development in R-1-AAA, R-1-AA, R-1-A and R-1 zoning districts shall conform to the requirements set forth in chapter 50, article III. Unless otherwise specifically provided, wherever in this Code a provision pertains to the R-1-AA land use classification, that same provision shall pertain to the R-1-AAA land use classification.

(Ord. No. 92-6, ch. II, art. B, § 2, 12-15-1992; Ord. No. 96-3, § 1, 2-20-1996; Ord. No. 05-09, § 2, 5-7-2005)

Sec. 54-76. - Multiple-family dwelling districts R-2, R-3.

(a)

Intent and purpose of district. The multiple-family dwelling districts are composed of certain limited areas where it is desirable, because of an established trend, to recognize a more intensive form of residential use than in the single-family districts. Provision is made for the erection of duplex dwelling structures in the R-2 district. Residential uses are permitted at high population densities in the R-3 district. Certain structures and uses required to serve public, educational, religious, utilities, and noncommercial recreational needs of such areas are permitted as special exceptions.

(b)

Uses permitted.

(1)

Only the following uses shall be permitted within any R-2 district:

Any use permitted in the R-1 district.

Two-family attached dwelling structures.

One-family garage apartment, with a minimum living area of 600 square feet, provided the principal building is a one-family dwelling unit.

Any mobile home located in an existing mobile home park on December 28, 1992. Individual units in a mobile home park may be replaced; however, the total number of mobile homes in the park cannot exceed the total number of mobile homes in the park on December 28, 1992.

(2)

Only the following uses shall be permitted within any R-3 district:

Any use permitted in the R-2 district.

Multiple-family dwellings.

Boardinghouses and lodginghouses.

Kindergartens and day nurseries.

Dormitories, fraternity and sorority houses.

(c)

Special exceptions. These uses shall be permitted as special exceptions provided that any review and hearing of an application for a special exception shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities. The following uses may be permitted as a special exception:

(1)

Schools, public, parochial and private, with academic curriculums.

(2)

Churches with their attendant educational buildings and recreational facilities.

(3)

Parks and recreation areas owned and operated by nonprofit organizations.

(4)

Public utility and service structures.

(5)

Guest cottages without kitchens.

(6)

Stadiums in conjunction with school facilities, provided the seating capacity does not exceed the student enrollment of the school to be served plus ten percent.

(7)

Golf courses with customary attendant clubhouse facilities and accessory buildings.

(8)

Public uses in addition to those already specified.

(9)

Buildings in excess of 30 feet in height. (R-3 district only.)

(10)

Nursing homes. (R-3 district only.)

(11)

Buildings in excess of one story in height within 100 feet of the side and rear lot line of any single-family residential district. (R-3 district only.)

Each application for a special exception shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale and indicate property lines, rights-of-way and the location of buildings, parking areas, curb cuts and driveways. Site plans shall be submitted to the board for review and approval. The board shall approve the site plan prior to the granting of a building permit. Upon such approval, the site plan becomes a part building permit and may be amended only by the board.

(d)

Development standards. Apartments, duplexes, condominiums, and townhouses are subject to standards established herein.

(1)

Complete site plans shall be submitted along with the application for a multifamily project. If units will be available for sale, such plans shall include a subdivision plat which satisfies all of the city's subdivision and platting requirements. The site plan to be submitted shall include the location of existing and proposed buildings, parking spaces, driveways, streets, rights-of-way, easements, service areas, walkways and areas which are to be retained in common ownership. The plan shall indicate the floor area of the units, the number of parking spaces, the total area of the project, and other pertinent data.

(2)

The project shall be in single ownership at the time the application is presented.

(3)

The density of each project shall be no greater than ten units per net residential acre.

(4)

The minimum yard requirements of the multiple-family dwelling district may not apply to each individual lot within the project. For the purpose of interpretation, the minimum yard requirements shall apply to the perimeter of the tract on which the project is located.

(5)

Off-street parking shall be provided at the rate of two spaces per unit. Parking and driving areas shall be located at least ten feet from any building. Parking lots, driveways and streets within the project shall be designed to discourage through traffic. Further regulations can be found in section 50-72.

(6)

Each building shall contain no more than ten units. The minimum height of any building shall be 20 feet. Each unit shall contain at least 600 square feet for one-bedroom units, 750 square feet for two-bedroom units, and 1,000 square feet for three-bedroom units. Each unit shall be self-contained with respect to utilities, heating and air conditioning. Units shall be separated by at least a two-hour firewall which extends to the roof.

(7)

A minimum of 25 percent of the gross area of the project shall be designated for recreation and open space. Recreation areas shall include by way of example not by way of limitation, swimming pools, tennis courts, playgrounds and fitness courses. Open space shall include by way of example not by way of limitation, lakes, wetlands, fields, and picnic areas. Open space shall not include areas required to meet setbacks, retention ponds and parking areas. All recreation and open space areas used to meet the 25 percent shall be located in areas retained in common ownership. Adequate provisions shall be made to eliminate problems of noise and lights to adjacent property.

(8)

Identification signs as provided for in chapter 52 may be permitted in these projects, provided, however, no sign other than real estate signs advertising the sale or lease of property shall be permitted on any individual lot within the project.

(9)

Deed covenants/restrictions shall be developed to ensure the maintenance and upkeep of areas and facilities retained in common ownership in order to provide a safe, healthful and attractive living environment within the projects and to prevent the occurrence of blight and deterioration to the individual units.

(10)

The board may waive the above standards or may impose additional requirements which, in their judgment, are required as a result of unique circumstances with respect to the site, the area in which it is located, and the type of development proposed. Such conditions shall be in line with the intent and purpose of the multiple-family dwelling district.

(11)

The following guidelines are designed to assist the board in reviewing plans for these projects:

Minimum distance between buildings, except side to side: 60 feet.

Minimum distance between sides of buildings: 20 feet.

Minimum width of units: 20 feet.

Outside storage areas for boats, travel trailers and similar equipment shall be screened from view of the dwellings within the project and adjacent property.

When driveways and parking spaces are located adjacent to the perimeter of the project, consideration should be given to the provision of walls or other screening material to avoid the adverse affects of noise and light to adjacent property.

Minimum size of these projects: One acre.

(Ord. No. 92-6, ch. II, art. B, § 3, 12-15-1992)

Sec. 54-77. - Planned development district PD.

(a)

Intent and purpose of district. The intent and purposes of the planned development district are as follows:

(1)

To provide for planned residential or commercial development, compatible with surrounding areas, consistent with the density or intensity permitted under the comprehensive plan, containing a variety of structures and diversity of building arrangements. Under no circumstances does this district permit densities or intensities greater than that available under the land use classification for that property.

(2)

To allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted uses on abutting properties.

(3)

To reduce improvement costs through a more efficient use of land and smaller networks of utilities and streets than is possible through application of conventional zoning districts.

(4)

To ensure that development will occur according to limitations of use, design, density, coverage and phasing as set forth on an approved final development plan.

(5)

To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

(6)

To encourage an increase in the amount of usability of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional development practices.

(7)

To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing environments on properties of adequate size, shape and location.

(b)

Definitions. For the purposes of the planned development district, the following definitions shall apply:

(1)

Open space means the gross acreage exclusive of buildings, vehicular accessways and parking areas.

(2)

Recreation space means any open space having a minimum size of 10,000 square feet, a minimum average dimension of 100 feet and a minimum dimension of 50 feet, and improved for recreational use. Improved trails and paths may also qualify as recreation space.

(c)

Uses permitted. The following uses shall be permitted in the planned development district if designated on an approved final development plan:

(1)

Attached and detached single-family dwelling units.

(2)

Attached multifamily dwelling units.

(3)

Public areas.

(4)

Communication towers and antennas.

(5)

Commercial uses consistent with the C-1 or C-2 zoning district.

(d)

Site development standards. Site development standards in the planned development district shall be as follows:

(1)

The following site development standards shall apply, unless specifically waived by finding of the board and the council that the unique characteristics of the development in question make unnecessary the application of one or more of these provisions in order to carry out the intent and purposes of the planned development district:

The natural topography, soils and vegetation should be preserved and utilized, where possible, through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space and drainage facilities. Removal of mature trees shall be compensated through regulations in the tree section.

All planned development districts shall conform to chapter 50, article III, for landscaping, parking and other development standards.

In residential planned developments, a minimum of 25 percent of the gross area of the project shall be designated for recreation and open space. Recreation areas shall include, by way of example not by way of limitation, swimming pools, tennis courts, playgrounds and fitness courses. Open space shall include, by way of example not by way of limitation, lakes, wetlands, fields, and picnic areas. Open space shall not include areas required to meet setbacks, retention ponds and parking areas. All recreation and open space areas used to meet the 25 percent shall be located in areas retained in common ownership. Adequate provisions shall be made to eliminate problems of noise and lights to adjacent property.

The proposed lighting, access points or activities resulting in high noise levels, and location or arrangement of structures should not be detrimental to existing or future adjacent land uses or to the existing or future development of the neighborhood.

Streets to be dedicated to the public shall be designed and built in accordance with the appropriate sections of the subdivision regulations. Streets and driveways shall be constructed in accordance with adopted road construction specifications and designed to provide for the free movement and safety of vehicular traffic, and to provide safe, efficient and convenient access to land uses within the development and to roadways adjacent to the development. The local, collector and arterial street system must provide adequate access to the development, and properly accommodate traffic generated by the development. Local streets shall provide access within the planned development district in a manner that will discourage through traffic and provide for convenient accessibility to parking areas serving each group of units.

Wherever practicable, vehicular and pedestrian passageways shall be separated. A system of walkways and bicycle paths between buildings, common open spaces, recreation areas, community facilities and parking areas shall be distinctively designed and adequately lighted where appropriate for nighttime use.

Central water, sewage, and stormwater management systems, and utility lines and/or easements shall be provided in accordance with the appropriate sections of the subdivision regulations.

All land shown on the final development plan as common open space, private parks and recreation facilities shall be subject to deed restrictions which ensure the payment of future taxes and the maintenance of areas and facilities for a safe, healthful and attractive living environment.

In order to protect the lakes and canals from destructive activities, no roadways, buildings or other permanent structures shall be permitted within 50 feet of the normal high-water elevation of the lakes or canals. Nature walkways, benches and tables are not considered permanent for these purposes.

(e)

Approval procedure. The review and approval procedure for a planned development district shall be as follows:

(1)

Preapplication conference. The applicant shall confer with a panel of appropriate city departments prior to submitting an application for a zoning change to the PD district. The conference is intended to give the applicant an opportunity to discuss the proposed development and to benefit from comment by city officials before undertaking the required work program. The panel shall include the following: planning and development, city manager, mayor and administrative services personnel. The city engineer and city attorney shall also be included on the panel. Other local governments and/or state agencies may also be asked to serve on the panel on an as-needed basis. The planning and development department shall coordinate the conference, and ensure all other departments and the applicant are notified of the time and place of the conference.

(2)

Preliminary concept plan. Applications for PD districts shall be accompanied by a preliminary concept plan and supporting documents that properly present necessary basic data:

Location and size of entire proposed development.

Existing topographic character of the land.

Existing and proposed land use classifications.

Table showing existing and proposed use by type, density and building sizes.

Location of existing and proposed streets and roadways.

Identification of areas to be dedicated to the public.

Identification of areas for recreation and open space.

Typical examples of each building type proposed.

Location of proposed buildings.

Surrounding zoning.

Other information from the preapplication conference.

The applicant shall also identify the present ownership of all land included in the development, the expected sequence of development, and define the objectives and intent of the PD district. The concept plan should provide enough detail to enable all reviewers to understand the way in which the proposed development will function.

Since the review of the concept plan is conducted in a similar manner as proposed subdivision plats, the concept plan may serve as the preliminary plat when platting is required, so the review can be done simultaneously.

(3)

Approval of preliminary concept plan and PD district. The board and the council shall review the PD district concept plan the same as a rezoning. Specifically, the notice requirement for a concept plan shall adhere to the same public hearing requirements as a zoning change. If a PD district concept plan is approved by the council, the city manager shall change the zoning map to designate the property as PD district, and indicate the date of approval.

(4)

Development plan. Within nine months after preliminary concept plan approval, the applicant shall submit a development plan and supporting documents. The review is conducted in the same manner as proposed subdivision plats. If platting is required, the final plat shall be submitted simultaneously with the development plan. Development plans shall include the following information:

Provisions for necessary improvements such as water, sewer, and drainage facilities as well as systems for firefighting and street lighting.

The location and dimensions of all rights-of-way or easements for streets, pedestrian ways, utilities, watercourses, and greenways, as well as proposed subdivision of land.

The relationship of building locations, arrangements, uses and heights to open areas, streets, pedestrian ways, landscaping, property lines and adjacent uses.

Areas proposed to be conveyed, dedicated, or reserved for recreation and open space, and/or public uses.

Covenants/restrictions, conditions, agreements, and grants which govern the use, maintenance, and continued protection of the PD district and common areas.

Specified design standards applicable to various portions of the PD district as approved by the council.

If the applicant fails to obtain approval of the development plan within one year after approval of the concept plan, the zoning classification shall revert to its previous zoning classification. However, if the previous zoning classification is not compatible with the existing and/or future land use classification for that property, the city shall administratively rezone the property to an appropriate zoning classification. The applicant may apply to the council once for an extension of this deadline for a time period not to exceed one year.

(5)

Approval of the development plan. The council shall review the development plan for substantial compliance with the concept plan and other designated requirements. Upon approval by the council at a public hearing, the city manager shall designate said approval and date on the official zoning map for the PD district included in the approved development plan. After the effective date of such approval, the use of land and the construction, modifications, or alterations of any buildings, structures or other improvements within the planned development will be governed by the approved development plan rather than other standards.

(6)

Amendments to concept or development plans. Substantial proposed changes in requested uses, densities, development sequences or other specifications of the concept or development plan may be allowed only after a public hearing and an approval from the council based upon a recommendation of the board. Any changes shall be noted on the official zoning map. Minor proposed changes, alterations, or modifications that do not change the requested uses, densities, or development sequences shall be reviewed and approved by the mayor based upon a recommendation of the director of planning and development.

(7)

Construction requirements. Approved development plans shall remain in full force and effect for as long as the applicant carries on substantial, continuous development. The term "substantial" shall mean that physical improvements are visible and continuous shall mean that the developer commences construction in accordance with approved plans within 12 months of approval, and does not cease development for a period longer than 60 days. The council shall have the authority to grant an extension of this time period for up to 12 months, provided a written request is filed with the mayor at least 30 days prior to the expiration of the time period. If the applicant either fails to carry on substantial, continuous development or obtain an extension from the council within one year after approval of the development plan, the zoning classification shall revert to its previous zoning classification. If the previous zoning classification is not compatible with the existing and/or future land use classification for that property, the department shall administratively rezone the property to an appropriate zoning classification.

(8)

Breach of agreement. An unapproved deviation from the accepted development plan shall in addition to all other violations under the Land Development Code and Code of Ordinances constitute a breach of agreement between the applicant and the city. Such deviation may cause the city to suspend construction until such time as the deviations are corrected or the development plan is appropriately modified by the applicant and approved by the council. Failure to correct unauthorized deviations shall be cause for the development plans to be revoked. Construction shall cease and no certificate of occupancy shall be issued until a modified development plan is approved or the deviation is corrected.

(Ord. No. 92-6, ch. II, art. B, § 4, 12-15-1992; Ord. No. 98-3, § 5, 4-21-1998; Ord. No. 18-05, § 2, 3-19-2019)

Sec. 54-78. - Professional-office district.

(a)

Intent and purpose. The intent and purpose of the professional-office district is to:

(1)

Provide for and encourage development of a wide variety of high-quality functional and attractive professional office centers in accordance with adopted city development plans and policies.

(2)

Establish standards which will promote high-quality site development of individual office structures and larger office centers, both of which are properly oriented towards arterial roads and compatible with adjoining properties.

(3)

Encourage the provision of professional services at the neighborhood and community levels, and to provide sites large enough to permit landscaped open spaces and off-street parking facilities.

(b)

Definitions. The following words and terms are defined:

(1)

Landscaping. The planting of grass, trees, shrubs, vines, ground cover, rock and other structural landscape features such as tree wells, decorative walls and irrigation systems.

(2)

Open space. The area of a lot or parcel of land exclusive of buildings, accessory uses, vehicular accessways and parking areas.

(c)

Uses permitted. The following uses shall be permitted in the professional-office district:

(1)

Offices for accountants, architects, attorneys, engineers and/or other professionals.

(2)

Financial, insurance, and real estate offices.

(3)

Medical and dental offices and/or clinics.

(4)

Pharmacies.

(5)

Research services.

(6)

Tax consultants.

(7)

General office uses.

(8)

Other uses which are similar or compatible to the uses permitted herein, which would promote the intent and purpose of this district, and which are not specifically prohibited. Determination shall be made by the city council upon recommendation by the board, which may be without public notice or public hearing.

(9)

Communication towers and antennas.

(d)

Uses prohibited. The following uses shall be prohibited in the professional-office district:

(1)

Any business, except pharmacy or medical or dental clinic, which displays merchandise for sale at retail or wholesale, or any business requiring the physical handling of merchandise to be sold at retail or wholesale on the premises.

(2)

Any use conducted either partially or totally outside a building or structure except for parking areas.

(3)

Veterinary establishments.

(e)

Special exceptions. The following uses may be permitted as a special exception in the professional-office district provided that any review and hearing of an application for a special exception shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities. Each application for a special exception in the professional office district shall be accompanied by a site plan incorporating the regulations established herein. Said site plan shall be submitted to the board for review and approval.

(1)

Where integrated within a primary use structure and oriented towards serving the individuals employed within or served by the primary use structure, the following uses may be permitted:

Barbershops and beauty shops.

Restaurants.

Tobacco, candy, newspapers and magazine counters.

(2)

Buildings in excess of 35 feet in height.

(3)

Buildings in excess of two stories in height within 100 feet of the side or rear lot line of any single-family residential district.

(4)

Public uses.

(f)

Site development standards. Site development standards are hereby established in order to ensure adequate levels of light, air, coverage and density; to maintain and enhance locally recognized values of community appearance and design particularly through the combination of smaller parcels into functional sites; to promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; and to otherwise provide for orderly site development and protect the public health, safety and general welfare:

(1)

Minimum lot size shall be 10,000 square feet.

(2)

Minimum site width shall be 85 feet.

(3)

Minimum front setback shall be 25 feet.

(4)

Minimum rear setback shall be 30 feet, provided that building setbacks from the mean water level of every lake shall be a minimum of 50 feet.

(5)

Minimum side yard shall be ten feet for one-story and two-story buildings, plus two feet for each additional story.

(6)

Minimum floor area shall be 500 square feet.

(7)

Maximum building height shall be 35 feet.

(8)

Minimum open space shall be 35 percent. Parking shall count as no more than 15 percent of the total open space required.

(9)

All professional office districts shall conform to chapter 50, article III, for landscaping, parking, and other development standards.

(10)

Water control and quality management devices shall be provided.

(11)

Lighting devices for the illumination of the ground, driveways, walkways, signs, parking areas and building exteriors or interiors shall be installed and maintained in such a manner as to confine direct rays to the premises and prevent direct rays and glare onto neighboring properties and highways. Flashing lights shall not be permitted.

(12)

Boundary landscaping is required for a minimum depth of ten feet along all property lines of the site, except where vehicular accessways and existing structures prohibit such landscaping or where traffic safety would be impaired.

(13)

Refuse or solid waste disposal areas shall be provided and shall be screened. Disposal areas shall not abut any residential district. The screen shall be at least six feet in height and at least 50 percent opaque when viewed from any point along the district boundary.

(g)

Site plan. Building permit applications shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale and include at a minimum the following items:

(1)

Lot size.

(2)

Location of public rights-of-way.

(3)

Property lines.

(4)

Setbacks from property lines.

(5)

Location and height of buildings, structures and signs.

(6)

Total floor area and gross floor area used for office.

(7)

Circulation plan including the location and square footage of drives and parking areas.

(8)

Location and type of exterior lighting facilities.

(9)

Percentage of the lot in open space.

(10)

Location and screening of refuse storage areas.

(11)

Landscaping plan and irrigation system.

(12)

Location, height and type of signs.

(13)

Location and type of water control and quality management devices.

Said site plan shall be submitted to the board for review and approval. The board shall review and approve, approve with conditions, or deny the site plan. Upon such approval, said site plan becomes part of the building permit and may be amended only by authority and directive of the board. A building permit shall not be issued for work contemplated by the site plan until the site plan has been approved.

(Ord. No. 92-6, ch. II, art. B, § 5, 12-15-1992; Ord. No. 98-3, § 6, 4-21-1998)

Sec. 54-79. - Retail commercial district C-1.

(a)

Intent and purpose of district. The retail commercial district is composed of lands and structures used primarily to provide for the retailing of commodities and the furnishing of selected services. The regulations for the retail commercial district are intended to permit and encourage a full development of essential commercial uses, at the same time, however, protecting nearby residential properties from adverse effects of commercial activity.

(b)

Uses permitted. The following uses shall be permitted within any C-1 retail commercial district:

(1)

Shopping centers, and convenience stores with or without gas pumps.

(2)

Personal service establishments, such as barbershops, beauty parlors, medical and dental clinics, restaurants, financial institutions, banks and other offices, parking garages and lots, service stations, laundry and dry cleaning pickup stations, self service coin-operated laundry and dry cleaning establishments, shoe repair, tailoring, watch and clock repair and locksmiths.

(3)

Retail business, such as drug, liquor, hardware stores, book, stationery, china and luggage shops, newsstands, photographic supplies and studios, ladies', men's and children's apparel.

(4)

Drive-in restaurants, when the boundaries of the tract of land on which it is located is in excess of 200 feet from any residential district.

(5)

Automobile repair shops for ignition, fuel, brake and suspension systems.

(6)

Fire stations.

(7)

Theaters, except drive-in theaters.

(8)

Hotels and motels.

(9)

Car rental agencies.

(10)

Churches and schools.

(11)

Day nurseries, kindergartens and other child care centers.

(12)

Florist shops, the products of which are displayed and sold wholly within an enclosed building.

(13)

Grocery, fruit, vegetable and meat market stores.

(14)

Professional offices.

(15)

Hospitals and nursing homes, but not animal hospitals.

(16)

Interior decorating, home furnishings and furniture stores.

(17)

Music conservatory, dancing school and art studios.

(18)

Music, radio and television shops.

(19)

Retail paint and wallpaper stores.

(20)

Private clubs and lodges.

(21)

Public buildings and uses.

(22)

Bowling alleys, skating rinks and billiard parlors, provided such activities and facilities are enclosed within a soundproof building.

(23)

Funeral parlors.

(24)

Dry cleaning establishments using equipment which emits no smoke or escaping steam, and which use nonflammable synthetic cleaning agents (perchloroethylene, trichloroethylene, etc.).

(25)

Bakeries, the products of which are sold only at retail on the premises.

(26)

Tourist information centers which are located entirely within a building.

(27)

Other uses which are similar or compatible to the uses permitted herein, which would promote the intent and purposes of this district. Determination shall be made by the council, upon recommendation of the board, which may be without public notice or public hearing.

(28)

Communication towers and antennas.

(c)

Special exceptions. The following shall be special exceptions in the C-1 retail commercial district:

(1)

Residential dwelling units which are accessory in nature and structurally part of the building which contains the permitted principal use. No more than one residential dwelling unit per building.

(2)

Any permitted use which is to be located in a building that contains more than two permitted uses and is not a shopping center.

(d)

Uses prohibited. The following uses are prohibited in the C-1 retail commercial district:

(1)

No commercial use in any form shall be permitted within 100 feet of the normal high-water elevation (86.9) of Lake Conway except boat docks which have been permitted by special exceptions.

(2)

Tourist information booths which are located either partially or entirely outside of a building which contains the permitted principal use.

(3)

Any commercial use located entirely outside of a building.

(4)

Prohibited uses include, but are not limited to, the following businesses: labor pools, check cashing services, deferred presentment providers, title loan lenders, pawn shops, bail bond businesses, tattoo, body art and body piercing parlors, fortune telling, tarot card reading and similar businesses, adult video arcade and similar casino-like businesses, and outdoor flea markets.

(5)

New and used car, mobile home and boat sales and mechanical services.

(e)

Development standards. For development standards in the C-1 retail commercial district see chapter 50, article III.

(f)

General requirements. General requirements in the C-1 retail commercial district shall be as follows:

(1)

The open storage of equipment, materials or commodities shall be screened. Such screen may be in the form of walls, fences or landscaping; shall be at least six feet in height; and shall be at least 50 percent opaque.

(2)

The first one inch of rainfall from each storm over the entire site shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by the St. John's River Water Management District (SJRWMD) rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the Belle Isle area for 25-year periods for major drainage ways and ten-year periods for all other drainageways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainageways shall be classified as major.

(3)

Any property which abuts a residential area shall meet the provisions of section 50-73(d).

(4)

Each application for a building permit shall be accompanied with a site plan incorporating the regulations established herein. Said site plan shall be submitted to the board for review and approval. The board shall approve the site plan prior to the granting of a building permit. Upon such approval, said site plan becomes a part of the building permit and may be amended only by the board.

(Ord. No. 92-6, ch. II, art. B, § 6, 12-15-1992; Ord. No. 98-3, § 7, 4-21-1998; Ord. No. 98-6, 11-17-1998; Ord. No. 03-33, § 1, 7-15-2003; Ord. No. 04-01, § 1, 2-3-2004; Ord. No. 09-10, § 1, 11-4-2009; Ord. No. 17-02, § 1, 3-21-2017)

Sec. 54-80. - General commercial district C-2.

(a)

Intent and purpose of district. The C-2 general commercial district is composed of certain land and structures used to provide for the retailing of commodities, the furnishing of several major services, selected trade shops and automotive repairs. Characteristically, this type of district occupies an area larger than that of the retail commercial district, and is intended to serve a considerably greater population by offering a wider range of services.

(b)

Uses permitted. The following uses shall be permitted within any C-2 general commercial district:

(1)

Any use permitted in the C-1 retail commercial district.

(2)

Amusements and recreational facilities such as, but not limited to, amusement parks, shooting galleries, miniature golf courses, golf driving ranges, and baseball batting ranges.

(3)

Automobile laundry or car wash.

(4)

New and used car, mobile home and boat sales, and mechanical services.

(5)

Mechanical garage, without body work and painting services.

(6)

Printing, bookbinding, lithography and publishing plants.

(7)

Radio and television broadcasting stations, studios and offices.

(8)

Veterinary hospitals and kennels when confined within structure.

(9)

Frozen food lockers.

(10)

Washing and packaging of fruit when accessory to retail fruit sales on the premises.

(11)

Other uses which are similar to the uses permitted herein, which would promote the intent and purposes of this district. Determination shall be made by the city council, upon recommendation of the board, which may be made without public notice or public hearing.

(c)

Special exceptions. The following shall be special exceptions in the C-2 general commercial district:

(1)

One single-family dwelling which is accessory in nature and attached to a building containing a permitted principal use.

(2)

Carnival-type amusements, which must be located at least 1,500 feet from a residential district.

(d)

Uses prohibited. Prohibited uses in the C-2 general commercial district shall be any use prohibited in a C-1 district, which is not listed as a permitted use in the C-2 general commercial district.

(e)

Development standards. For development standards for the C-2 general commercial district see chapter 50, article III.

(f)

General requirements. General requirements in the C-2 general commercial district shall be as follows:

(1)

(2)

The first one inch of rainfall from each storm shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by the SJRWMD rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the Belle Isle area for 25-year periods for major drainageways and ten-year periods for all other drainageways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainageways shall be classified as major.

(3)

(Ord. No. 92-6, ch. II, art. B, § 7, 12-15-1992)

Sec. 54-81. - Wholesale commercial district C-3.

(a)

Intent and purpose of district. The C-3 wholesale commercial district is composed of those lands and structures which, by their use and location, are especially adapted to the conduct of the business of wholesale distribution, storage and light manufacturing. Such lands are conveniently located on principal thoroughfares and/or railroads.

(b)

Uses permitted. The following uses shall be permitted within any C-3 wholesale commercial district:

(1)

Any use permitted in the C-2 general commercial district.

(2)

Heating and air conditioning sales and service.

(3)

Bakeries.

(4)

Soft drink bottling.

(5)

Building material storage and sales.

(6)

Bus, cab, truck repair, storage and terminals.

(7)

Truck stop.

(8)

Confectionery manufacturers.

(9)

Contractor's storage and equipment yards.

(10)

Dyeing, dry cleaning and laundering.

(11)

Garment manufacturing.

(12)

Testing of materials and equipment and products.

(13)

Machinery sales and storage.

(14)

Machine shops.

(15)

Manufacture and assembly of scientific, electrical, optical and precision instruments or equipment.

(16)

Manufacture of novelties and souvenirs.

(17)

Milk bottling/distribution plants, ice cream manufacturing.

(18)

Mechanical garage, including automobile body shop and painting.

(19)

Storage and wholesale distribution warehouse.

(20)

Trade shops, including tinsmith, cabinet maker, rug and carpet cleaning, upholstering, mattress renovation, electrical, roofing and plumbing shop.

(21)

Veterinary hospitals and kennels.

(22)

Wholesale meat and produce distribution.

(23)

Meat storage, cutting and distribution.

(24)

Other uses which are similar to the uses permitted herein, which are not specifically prohibited, and which would promote the intent and purposes of this district. Determination shall be made by the council, upon recommendation of the board, which may be made without public notice or public hearing.

(25)

Communication towers and antennas.

(c)

Special exceptions. There shall be no special exceptions within a C-3 district.

(d)

Uses prohibited. The following uses shall be prohibited in any C-3 wholesale commercial district:

(1)

Dwellings, except living quarters for custodians, guards and caretakers, when such facilities are accessory to the primary occupancy of the premises.

(2)

Animal slaughtering or the confinement of animals for feeding, finishing and preparation for slaughter, including stockyards and feeding pens.

(3)

Asphalt manufacturing or refining, or any similar petroleum or petrochemical refining or manufacturing process.

(4)

Asphalt or concrete paving, mixing or batching plant.

(5)

Corrosive acid manufacture or bulk storage, including but not limited to hydrochloric, nitric, sulphuric or similar acids.

(6)

Bone distillation or the reduction, rendering, incineration or storage of garbage, offal, animals or animal waste, fats, fish or similar materials or products.

(7)

Blast furnace or similar heat-generating or glare-generating operations.

(8)

Cement, lime, gypsum or plaster-of-Paris manufacture, or the open storage of raw materials or finished products related to such manufacture.

(9)

Glue, size or gelatin manufacture where the processes involve the refining or recovery of such products from fish, animal or refuse materials.

(10)

Tallow, grease, lard or vegetable oil refining.

(11)

Junk, salvage or wrecking yard or structure wherein motor vehicles, appliances or similar used equipment or materials are stored, dismantled or sorted for display, sale or packing.

(12)

Other uses which are similar to those listed above and are not specifically permitted. Determination shall be made by the council, upon recommendation of the board, which may be without public notice or public hearing.

(13)

No commercial activities in any form shall be permitted within 100 feet of the normal high-water elevation (86.9) of Lake Conway.

(14)

All prohibited uses in C-2 and C-1 districts which are not listed as permitted use in the C-3 general commercial district.

(e)

Development standards. For development standards in the C-3 wholesale commercial district see chapter 50, article III.

(f)

General requirements.

(1)

(2)

The first one inch of rainfall from each storm shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by the SJRWMD rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the Belle Isle area at 25-year periods for major drainageways and ten-year periods for all other drainageways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainageways shall be classified as major.

(3)

(Ord. No. 92-6, ch. II, art. B, § 8, 12-15-1992; Ord. No. 98-3, § 8, 4-21-1998; Ord. No. 05-12, § 1, 6-7-2005)

Sec. 54-82. - Industrial district I-2.

(a)

Intent and purpose of district. The I-2 industrial district is composed of those lands and structures which, by their use and location are adaptable to the conduct of general industrial activity.

(b)

Uses permitted. The following uses shall be permitted within any I-2 industrial district:

(1)

Any use permitted in a C-1, C-2 or C-3 district.

(2)

Manufacturing of textile products.

(3)

Manufacturing of wood products.

(4)

Manufacturing of household, office, and public building furniture and fixtures.

(5)

Manufacturing of plastic products.

(6)

Manufacturing of leather products.

(7)

Manufacturing of stone, clay and glass products.

(8)

Manufacturing of industrial and commercial machinery.

(9)

Motor vehicle assembly.

(10)

Avionics testing, aircraft maintenance and manufacturing.

(11)

Manufacturing of electronic machinery and equipment.

(12)

Manufacturing and assembly of optical instruments.

(13)

Manufacturing of photographic equipment and supplies.

(14)

Manufacturing of watches, clocks and parts.

(c)

Special exceptions. The following shall be special exceptions in the I-2 industrial district:.

(1)

Boat manufacturing.

(2)

Public buildings.

(3)

Pain management clinics.

(d)

Uses prohibited. The following uses are prohibited in the I-2 industrial district:

(1)

Animal slaughtering or the confinement of animals for feeding, finishing and preparation for slaughtering including stock executing pens.

(2)

Asphalt manufacturing or refining, or any similar petroleum or petrochemical refining process.

(3)

Corrosive acid manufacture or bulk storage including but not limited to hydrochloric, nitric, sulphuric or similar acids.

(4)

Bone distillation or the reduction, rendering, incineration or storage of garbage, offal, animals or animal waste, fats, fish or similar materials or products.

(5)

Paper mills.

(6)

Lubricating oils and greases manufacturing.

(7)

Primary metal industries.

(8)

Tallow, grease, lard or vegetable oil refining.

(9)

Dwellings, except living quarters for custodians, guards and caretakers, when such facilities are accessory to the primary occupancy of the premises.

(10)

Other uses which are similar to those listed above and are not specifically permitted; determination shall be made by the council, upon recommendation of the board, which may be without public notice or public hearing.

(11)

No industrial activities in any form shall be permitted within 500 feet of the normal high-water elevation (86.9 contour line) of Lake Conway.

(e)

Development standards. For development standards in the C-1 retail commercial district see chapter 50, article III. Unless a conflicting standard is specifically stated for industrial development, the performance standards set forth in chapter 50, article III for C-3 commercial sites shall apply to industrial developments, except that when applicable the environmental regulations of the county for industrial development shall be enforced.

(f)

General requirements.

(1)

The open storage of equipment, materials or commodities shall be screened. Such screen shall be in the form of walls, fences or landscaping; shall be at least six feet in height; and shall be at least 50-percent opaque.

(2)

The first one inch of rainfall from each storm shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by SJRWMD rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the Belle Isle area at 25-year periods for major drainage-ways and ten year periods for all other drainage-ways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainage-way shall be classified as major.

(3)

Each application for a building permit shall be accompanied by a site plan incorporating the regulations established herein. Such site plan shall be submitted to the board for review and approval. The board shall approve the site plan prior to the granting of a building permit. Upon such approval, said site plan becomes part of the building permit and may be amended only by the board.

(Ord. No. 05-04, § 2, 3-1-2005; Ord. No. 13-05, § 1, 3-6-2013)

Sec. 54-83. - Public buildings district PUB.

(a)

Intent and purpose of district. The public buildings district shall apply to those areas the present or prospective use of which is for publicly owned facilities exclusively. The regulations in the public buildings district are intended to permit the use of the property in such a matter to ensure the provision of public facilities to the citizenry.

(b)

Uses permitted. The following uses are permitted in the public buildings district provided that they are owned by a governmental agency:

(1)

Administrative offices.

(2)

Schools and their accessory facilities.

(3)

Recreational/open space areas and facilities.

(4)

Cemeteries, mausoleums and/or crematoriums.

(5)

Hospitals, sanitariums, and nursing homes.

(6)

(7)

Communication towers and antennas.

(c)

Special exceptions. The following uses shall be permitted in the PUB district provided the use is owned by a governmental agency:

(1)

Equipment storage facilities.

(2)

Garage and mechanical repair facilities.

(3)

Water treatment plants.

(4)

Sewer treatment plants.

(d)

Uses prohibited. The following uses are prohibited in the public buildings district:

(1)

Any use that is not owned by a governmental agency.

(2)

Any use that is owned by a governmental agency, but not identified in subsection (b) or (c) of this section.

(3)

Airports and heliports.

(e)

Development standards. For development standards in the public buildings district see chapter 50, article III.

(f)

General requirements. General requirements in the public buildings district shall be as follows:

(1)

(2)

The first one inch of rainfall from each storm shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by the SJRWMD rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the Belle Isle area at 25-year intervals for major drainageways and ten-year intervals for all other drainageways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainageways shall be classified as major.

(3)

(Ord. No. 92-6, ch. II, art. B, § 9, 12-15-1992; Ord. No. 98-3, § 9, 4-21-1998)

Sec. 54-84. - Open space district.

(a)

Intent and purpose of district. The open space district is primarily intended to help protect environmentally sensitive natural systems, preserve major open spaces, and provide for passive recreational needs of the city. Permitted uses are restricted to those with low-intensity characteristics, designed to protect open tracts of land that are owned by municipal, state, or federal governments.

(b)

Definitions. The following definitions apply to the open space district:

Active recreation. Active recreation is generally any recreational activity that requires significant infrastructure for the purposes of active sports or organized events. It is about engaging in adventure sports or outdoor games. An active park refers to structured recreational activities which require specialized parkland development and management which may restrict general use of the parkland or facility. Examples of active recreation include, but are not limited to, sports fields, ball fields, playgrounds, skateparks, swimming pools, gymnasiums, and outdoor theaters.

Passive Recreation. Passive recreation area is generally an undeveloped space or environmentally sensitive area that requires minimal development. Emphasis is placed on preservation of wildlife and the environment. Passive park use refers to less structured recreational activities which require little or no specialized parkland development and management, and therefore can be provided at a low cost to communities. It involves casual activities and pursuit of hobbies, with no adverse impact to the natural habitat. Examples of passive recreation include, but are not limited to, walking and jogging, hiking and nature walks, community gardens, painting, photography, kite flying, picnicking, Frisbee, fishing, and outdoor theaters.

(c)

Uses permitted. The following uses are permitted in the open space district:

(1)

Passive recreational uses;

(2)

Noncommercial agriculture or horticulture such as community gardens; and,

(3)

Customary accessory uses in support of the primary uses listed in 1 and 2 above.

(d)

Special exceptions. The following uses shall be permitted in the open space district through the special exception process:

(1)

Active recreational uses; and,

(2)

Public municipal government buildings, without repair facilities or outdoor storage yards.

(e)

Uses prohibited. The following uses are prohibited in the open space district:

(1)

Any use that is not owned by a municipal, state, or federal governmental agency;

(2)

Any use that is owned by a municipal, state, or federal governmental agency, but not identified in subsection (b), (c) or (d) of this section; and

(3)

Parking that is not associated with the recreational use of the property.

(f)

Development standards. The following development standards apply to the open space district:

(1)

No parking shall be located within 25 feet of any residentially zoned property nor within 15 feet of any right-of-way line;

(2)

No building, or structure, except fences or walls, shall be located within 50 feet of any residentially zoned property line or right-of-way line; and,

(3)

Impervious surfaces shall not cover more than 35 percent of the lot area; and,

(4)

Maximum building height is restricted to 20 feet.

(g)

General requirements. General requirements in the open space district shall be as follows:

(1)

The first one inch of rainfall from each storm shall be retained and either percolated into the ground or collected and evaporated. All drainage systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable material in stormwater runoff within limits set by the SJRWMD rules. Treatment facilities shall be designed by a state-registered engineer to adequately treat the stormwater runoff resulting from rainstorms of the maximum intensity predicted for the city area at 25-year intervals for major drainageways and ten-year intervals for all other drainageways and shall be subject to approval by the council prior to construction. The SJRWMD shall determine which drainageways shall be classified as major.

(2)

(Ord. No. 18-01, § 3, 3-6-2018)

Sec. 54-85. - General provisions for a Live Local Act development.

(a)

General provisions for development proposed in conformance with the Live Local Act of Florida Statutes.

(b)

Definitions. For the purposes of this subsection, the following definitions are provided for terminology not defined in Florida Statutes with respect to implementation consistent with the Belle Isle Land Development Code:

•

Allowed as used in F.S. § 166.0415 shall mean as allowed under the provisions of the city land development code at the time of a proposal is submitted for development subject to F.S. § 166.0415 and shall not mean as allowed historically back in time previous to the present. It shall also mean allowed by right pursuant to the applicable zoning district and shall not include as may potentially be allowed via any bonus density provision or any non-conforming use or structure.

•

Commercial, as used in F.S. § 166.0415, shall mean only the city's commercial zoning districts, which are the properties zoned C-1, C-2, C-3, P-O, and no other zoning district.

•

Height within one mile as used in F.S. § 166.0415 shall mean one mile as can be traveled by human beings along the public streets of the city within the normal permitted lanes of travel from the center point of the proposed development site and shall not mean a straight-line distance as a bird might be able to travel.

•

Highest allowed density as used in F.S. § 166.0415 shall mean, in the context of Belle Isle, ten units per acre, as this is the highest residential density currently allowed.

•

Highest currently allowed height as used in F.S. § 166.0415 shall only mean such height allowed by right within the municipality and not heights allowed if such height would require conditional use approval under the city land development code based upon the size in square footage of the project proposed project under the Live Local Act.

•

Industrial, as used in F.S. § 166.0415, shall mean only the industrial I-2 zoning district of the city and no other industrial zoning district.

•

Mixed use as used in F.S. § 166.0415 shall not apply in the city, as no mixed use zoning district exists within the city.

(c)

Process for approval. The approval process for a qualifying development located within an eligible zoning district shall include payment of a fee, and if the application is not made by the owner of record, then a contract or agreement to purchase (that permits black-out of the financial purchase details) but is clear as to dates of effectiveness and due diligence periods, an application on a form provided by the city, site development plans, and affidavit of commitment to City of Belle Isle's Affordable Housing standards for income qualification, monitoring, and inspection during the full minimum 30 years of operation including acknowledgment of the auditing requirements for eligibility of all tenants living within the designated affordable housing units in order to establish compliance with the provisions of the Live Local Act and penalties for non-compliance as further outlined below. Upon application, the city shall complete a sufficiency review of the materials submitted and provide a response that the application is complete or specifically what items are still required at a date 60 days after submittal. The applicant shall then provide the items that are required for the sufficiency review which shall then begin another sufficiency review period that shall be completed at a date 60 days following re-submittal and so on until a complete application is provided. A contract to purchase must be in full force and effect during the sufficiency and review periods established within this section. If any due diligence period or other contract matter expires within such time periods, then the city shall not begin or complete the sufficiency review or application review.

(d)

Minimum requirements. The minimum requirements for certification of compliance with the Live Local Act are as follows:

Site Development Plan, which includes the following:

(1)

Scale, date, and north arrow.

(2)

Legal description of the property.

(3)

Site data table including gross square footage of the site and project, total impervious coverage and principal setbacks.

(4)

Dimensioned location, size, height and use of all proposed structures.

(5)

Project units, number of affordable units per area median income, and affordability period.

(6)

Label uses of adjacent parcels.

(7)

Location, dimension and method of buffering from adjacent uses.

(8)

Location and method of screening of refuse stations, storage areas and off-street parking and loading areas.

(9)

Method of stormwater retention.

(10)

Location, size and total amount of greenspace.

(11)

Tree table with tree retention and applicable mitigation.

(12)

The location, width, pavement type, right-of-way name and other related appurtenances of all public rights-of-way adjoining, traversing or proximate to the site.

(13)

Location and dimensions of proposed project ingress/egress, parking and service areas, including typical parking space dimensions.

(14)

Vehicle use area buffering adjacent to rights of way.

(15)

Southern Florida Building Code definitions for types of construction proposed and existing.

(16)

Proposed means of vehicular and pedestrian access from the site(s) within the development to adjacent streets and/or alleys, showing all existing and proposed curb cuts and sidewalks.

(17)

Building elevations (4-sided) for each proposed building.

(18)

Commitment to complete a transportation study prior to issuance of the building permit.

(19)

Any other information required under the specific site plan districts pertaining to this article or which may be required, when commensurate with the intent and purpose of this Code, by city reviewing staff.

(20)

An affidavit confirming a 30-year commitment to provide affordable housing and monetary cap on all rent charges including any and all other fees as may be assessed to the occupants of units deemed to be affordable, such that all rents and fees shall not exceed 30 percent of the gross revenue of all occupants of affordable units; affidavit attesting to agreement and acceptance as to the annual audit requirements by a certified public accounting firm attesting to satisfaction of the such income and total rental fees and affidavit attesting to agreement and understanding that violations of such commitments shall be subject to a fine of no less than $5,000.00 per day for each violation determined by the annual audit and for each day the annual audit is not received by the city after March 1st of every year and affidavit agreement that any such fines shall constitute a lien on said property if not paid to the city within 60 days of receipt of the audit by the city by March 1st of every year and agreement to reimburse the city for any legal expenses in the enforcement of these provisions.

(21)

A statement indicating the petitioners' commitment to comply with specific chapters of the City Code applicable to the project (i.e., tree and landscaping, fire, etc.) at the time of permitting.

(22)

Compliance with all land development regulations applicable to the zoning district in which the project is proposed, except only as otherwise preempted by the Live Local Act with respect to height.

(e)

Project narrative. Application shall contain a narrative which demonstrates compliance with F.S. § 166.04151(7)(a)—(g).

(f)

Affidavit of Commitment and Restrictive Covenants. As a condition of approval and prior to any site or building permits for the project being requested or obtained, the applicant (and the property owner, if different from the applicant) must execute and have recorded in the public records of Orange County, Florida, an Affidavit of Commitment and Restrictive Covenants. Such Affidavit of Commitment and Restrictive Covenants shall (i) have terms acceptable to the city, (ii) run with and be binding upon the land for no less than 30 years from the issuance of a certificate of occupancy for the last principal structure of the project (iii) be enforceable by the city; (iv) detail the affordable housing and project conditions and restrictions required by this section, the Live Local Act and on the approval of the project; (v) provide for monitoring, and compliance requirements; and (vi) provide for the city's enforcement remedies. Mortgage holders will be required to execute and record a subordination of their lien interest to such Affidavit of Commitment and Restrictive Covenants prior to or simultaneously with the recording of the Affidavit of Commitment and Restrictive Covenants. The city will provide the monitoring and compliance forms upon submittal of the application, deemed complete and sufficient.

(g)

Equivalent treatment of all dwelling unit requirements. As a condition of approval prior to any site or building permits for the project being requested or obtained, such project must demonstrate and commit that all affordable dwelling units and market rate dwelling units shall be located within the same structure. All common areas and amenities shall be accessible and available to all residents (both affordable and market-rate dwelling units.) Access to the required affordable dwelling units shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development. In addition, the sizes and number of bedrooms in the affordable dwelling units shall be proportional to the square footage and number of bedrooms in the market rate dwelling units (e.g., for the number of bedrooms, if 25 percent of the market rate dwelling units consist of two bedrooms, then 25 percent of the affordable dwelling units shall also have two bedrooms.

(h)

Agent authorization. An affidavit with the property owner's notarized authorization.

(i)

Timeframe for review and issuance of approval. Upon receipt of a complete application, the city will complete its review and respond in 60 days from receipt of such materials as required by this subsection.

(j)

Fee. The fee for a qualifying development will be $2,642.00 plus $111.00/acre or portion thereof or as otherwise amended within the adopted fee schedule from time to time by the city council at a public hearing.

(k)

Duration of approval. An approval received through this process shall be effective for six months from the approval date. The application process and certification of compliance with the Live Local Act shall begin again if the city has not issued a building permit within six months of approval under this section.

(Ord. No. 24-02, § 1, 8-6-2024)