(a)

The purpose and intent of this article is to provide that no building shall be erected or structurally altered, nor shall any building or premises be used for any purpose, other than as permitted in the zoning district in which the building or premises is located. No land or lot area shall be so reduced or diminished that the yards or open spaces shall be smaller than presented in this article, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations established by this article for the district in which such building is located. No yard or the open space provided about any building shall be considered as providing a yard or other open space for any other building.

(b)

The zoning districts established in this article and their standards and requirements are intended to allow development and use of property only in compliance with the goals, objectives and policies of the town as expressed in the town's comprehensive plan. Where these regulations differ from the town's comprehensive plan, the more restrictive of the two shall apply.

(Ord. No. 300, § III(2.00.01), 11-7-90; Ord. No. 328, § B(2.00.01), 8-3-93; Ord. No. 399, § 1, 11-20-01)

Construction offices, real estate offices and model homes may be allowed in any district for the purpose of developing and marketing the property on which they are to be located. Application shall be made in conjunction with a preliminary development plan, or by separate permit accompanied by a site plan. A permit will not be issued if such site plan indicates undesirable conditions in regard to traffic flow, sanitation, etc. Permits for such temporary use structures may be issued for a period not exceeding six months. Such permits may be extended upon application to and approval by the town commission.

No temporary use structure that is not generally associated with the standard use of a particular zoning district and which is not otherwise provided for herein in the Town Code, will be allowed without issuance of a permit by the town. To the extent that any temporary use structure provided for in this section may be regulated by another provision set forth in the Town Code, this section shall govern to the extent of any conflict. Permits for such temporary use structures many be issued for a period not exceeding six months unless such time period is otherwise extended by the town, based upon compelling facts demonstrating that such structure is required for a longer period due to unique circumstances. Such permits may be extended only upon application to and approval by the town commission.

Notwithstanding the foregoing general provisions, the specific temporary uses set forth below also shall be governed by the following provisions:

(1)

Construction offices, real estate offices and model homes may be allowed in any district for the purpose of developing and marketing the property on which they are to be located. Applications will be made in conjunction with a preliminary development plan, or by separate permit accompanied by a site plan. A permit will not be issued if such site plan indicates undesirable conditions in regard to traffic flow, sanitation, etc. Such permits may extend for the term of the project, so long as active marketing is being conducted from such facility.

(2)

Any temporary storage structure will require a permit which shall be issued by the town manager in accordance with chapter 66, article IV, for a period of 72 hours. No fee shall be charged for such initial, 72-hour permit. The permit may be conditioned as deemed appropriate by the town manager, including the location of such structure. The permit may be extended upon approval of the town manager only for good cause shown, for up to an additional four days, with the total time period for the permit not to exceed seven days within any 30-day time-frame. Such extension shall be in the sole discretion of the town manager, which shall be final. If such extension is granted, an escalating permit fee shall be charged for each day beyond the initial, 72-hour period. Such permits may be extended beyond seven days only upon application to, and approval by, the town commission, upon a showing of compelling facts demonstrating unique circumstances requiring such extension and payment of an escalating permit fee for each subsequent permit renewal.

(3)

Any stationary construction equipment, including but not limited to, construction refuse containers, located in a residential zoning district shall require a permit. Permits for such stationary construction equipment may be issued for (1) the period necessary to obtain a certificate of occupancy for the subject site if not currently occupied; or (2) for sites for which certificates of occupancy have been issued, a three-month period and the payment of a permit fee, which permit may be renewed only upon approval by the town commission and payment of an escalating permit fee for each subsequent permit renewal.

(4)

The permit fees authorized hereunder shall be established by the town manager, from time-to-time, and approved by the town commission as part of the town's annual budgetary process.

(Ord. No. 300, § III(2.00.02), 11-7-90; Ord. No. 386, § 1, 4-20-99; Ord. No. 399, § 1, 11-20-01)

For the purpose of regulating temporary uses in residential districts such as estate sales, garage sales, lawn sales and sale of used automobiles, the following requirements are set forth:

(1)

Temporary uses set forth in this section shall require a prior permit issued by the town manager or the manager's designee consistent with chapter 66, article IV. If the permit applicant is not the property owner, the written consent of the property owner shall accompany the permit application.

(2)

Except as provided herein, a permit shall be issued no more than once annually for each property parcel (not each residential unit if a multifamily dwelling property); and for periods not to exceed the following:

(a)

Garage or lawn sales: Two days.

(b)

Estate sale: Seven days.

(c)

Personal auto sale: 14 days in calendar year.

(3)

Used automobiles shall be owned by the resident of the property on which the sale is being conducted, and shall have an unexpired registration.

(4)

Notwithstanding the once per year limitation in subsection (2), the town manager may grant an exception for a second sale within a year if conducted in connection with a property owner's move and not otherwise violating the provisions hereof.

(5)

The town shall provide approved signs for permitted sales which shall be posted on the property at all times during the conduct of such sales. The sign shall be placed on the property in accordance with subsection 74-572(b), permitted temporary signs.

(Ord. No. 318, § 4, 6-2-92; Ord. No. 399, § 1, 11-20-01; Ord. No. 451, § 2, 3-4-08)

(a)

The purpose of this section is to provide mechanisms for obtaining temporary relief from the following provisions of the Code of Ordinances:

(1)

Section 6-2: Drinking in public; possession of open container.

(2)

Article II: Parking.

(3)

Article III: Commercial Solicitation.

(4)

Section 74-311: Home occupations.

(5)

Section 74-484: Public nuisance noises.

(6)

Section 74-572: Permitted temporary signs.

(b)

Except as provided herein, a special relief permit shall be issued by the town commission, no more than twice annually for each property parcel, (not each unit if a multifamily dwelling property); and for periods not to exceed 72 hours.

(c)

For town owned parcels, there shall be no prohibition on the maximum number of permits to be issued.

(d)

All applications for special relief permits shall be made to the town manager for consideration by the town commission at least three weeks prior to the proposed event. Applicants shall pay a fee equivalent to that of "appeal to the commission" listed in appendix B, fee schedule.

(e)

The town commission has the right to attach conditions of issuance as it deems necessary to further the health, safety, comfort, convenience and welfare of the town and its residents.

(f)

All applications shall contain the following:

(1)

Site address;

(2)

Current zoning of the subject parcel;

(3)

Property owner; if the permit applicant is not the property owner, the written consent of the property owner;

(4)

Local contact information;

(5)

Date and time of the use requested;

(6)

Any plans relevant to the requested temporary use including but not limited to: a detailed description of the proposed temporary use, site layouts, proposed hours of operations, parking plans, public safety access, noise mitigation plans, alcohol licensure, temporary signage, sanitary plans, waste elimination and restoration.

(g)

All approved uses shall only be valid during the times approved and shall expire immediately following the event.

(h)

Additional requirements for major events.

(1)

Major events are defined as any event or series of related events which will:

a.

Be conducted for more than 72 hours;

b.

Are anticipated to be attended by more than 1,000 persons; or

c.

Significantly impact public streets, rights-of-way, and the need for emergency services such as police, fire or medical aid (with any event which involves an open invitation to the public to attend presumed to be an event that will have a significant impact on public streets, rights-of-way or emergency services).

(2)

Applications for major event special relief permit shall include all of the information listed in subsection (f) hereof and such additional information as shall be requested by the town.

(3)

The town commission shall have the authority to grant temporary relief from any additional provisions of the Code of Ordinances not listed in subsection (a) hereof if applicable to the major event.

(4)

Consideration of major event special relief permits, except for a major event sponsored and conducted by the town, shall require two public hearings before the town commission.

(5)

In addition to the application fee provided for in subsection (d), applicants for major event special relief permits shall pay an additional fee of $1,000.00 to defray the cost to the town's departments in establishing their plans to accommodate the major event. This application fee shall be due upon submittal of the major event special relief permit application. The commission reserves the right to waive or reduce this fee at its discretion.

(6)

To the extent any of the town's departments including, but not limited to, police, parks and recreation, public works, and solid waste will incur additional costs relating to required service to accommodate a major event, the town commission may impose as a condition to the special relief permit, the agreement by the applicant to reimburse the town for such additional costs. In this case, a deposit of the total estimated amount due shall be paid in-full to the town within five (5) business days of the permit's approval at second hearing. Any adjustments to the estimation of staff's additional cost(s) shall be reconciled following the event.

(7)

The town police department is specifically authorized to enforce any conditions imposed by the town commission with respect to any major event special relief permit including, but not limited to parking and traffic plan and restrictions and all public safety requirements in the same manner as the ordinances of the town.

(Ord. No. 521, § 1, 6-19-18; Ord. No. 529, § 1, 3-18-20)

The boundaries of each zoning district are designated as shown on the official zoning map for the town. The boundaries of the districts, together with all explanatory statements thereon, are hereby adopted and incorporated as part of this chapter. The original official zoning map is continuously maintained by the office of the city clerk and kept in that office.

(Ord. No. 300, § III(2.01.01), 11-7-90; Ord. No. 399, § 1, 11-20-01)

No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this land development code. If in accordance with these procedures, changes or amendments on the official zoning map shall be made promptly after official adoption of the change or amendment as provided for in this code. The town clerk shall be responsible for the physical changing and amendment of the official zoning map.

(Ord. No. 300, § III(2.01.02), 11-7-90; Ord. No. 399, § 1, 11-20-01)

If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and number of changes and additions, the town commission may adopt a new official zoning map, which shall supersede the prior official zoning map.

(Ord. No. 300, § III(2.01.03), 11-7-90; Ord. No. 399, § 1, 11-20-01)

For the purpose of classifying, regulating and restricting the location of trades, industries, multiple residential and other uses, and the location of buildings erected or structurally altered for specific uses, the town is hereby divided into districts. These districts are intended to allow development and use of property only in compliance with the goals, objectives and policies of the town as expressed in the town comprehensive plan.

(Ord. No. 300, § III(2.02.01), 11-7-90; Ord. No. 399, § 1, 11-20-01)

The schedule of zoning district regulations is as follows:

*See article IV of this chapter.

¹ Public/semi-public, ancillary nonresidential use: shall not exceed a maximum area of three acres. Any such use, alone or when added to existing contiguous like uses, which exceeds this threshold shall require a plan amendment with shall include such use and all contiguous like uses.

² Public/semi-public, ancillary nonresidential use: shall not exceed a maximum area of five acres. Any such use, alone or when added to existing contiguous like uses, which exceeds this threshold shall require a plan amendment which shall include such use and all contiguous like uses.

³ Where property designated with the public zoning district is also designated recreation/open space on the town's future land use map, uses are limited to those allowed in the R/OS future land use plan category as per the comprehensive plan, which include parks and recreation facilities and electrical substations.

(Ord. No. 300, § III(2.02.02), 11-7-90; Ord. No. 318, § 3, 6-2-92; Ord. No. 328, § B(2.02.02), 8-3-93; Ord. No. 399, § 1, 11-20-01; Ord. No. 469, § 1, 6-1-10; Ord. No. 491, § 1, 4-15-14; Ord. No. 497, § 2, 6-17-14; Ord. No. 519, § 2(Att. A), 6-19-18)

(a)

Multifamily residential district regulations (RM-10 district). This district is composed of low medium-density (ten units per acre) multiple-family residential dwelling areas with additional open areas where it is likely and desirable to extend such type of development and may serve as a transition from more intensive to less intensive development areas.

Site area requirements reflect the relative need for open space for the various types of residences based on the expected density of use. Permitted uses, minimum living space requirements and height bonus provisions shall be as follows:

(1)

Permitted uses. Within any RM-10 multifamily residential district, only the following uses shall be permitted:

a.

Single-family, duplex, and multifamily dwellings; and

b.

Accessory uses (see schedule of regulations).

(2)

Minimum living space per unit. The minimum dwelling unit area shall be 1,500 square feet. Garages, breezeways, porches, balconies, common halls and stairways shall not be included in computing living space.

(3)

Height bonus provisions. Additional height may be authorized in the RM-10 zoning district pursuant to the provisions of this subsection.

a.

The provisions in this subsection are cumulative and additional height may be authorized on the basis of one or all of these provisions; however, in no event shall the height of any building in the RM-10 zoning district exceed 2.5 times the height permitted by right in this zoning district.

b.

To be eligible for any height bonus, the average height of all buildings in the development, in proportion to the floor area of the first residential living floor of all buildings in the development, must not exceed the height otherwise permitted by right by more than 50 percent.

c.

Should a building take advantage of the parking height bonus identified in subsection (3)d.2., the applicable height of the building will be reduced, as it relates to height calculation in [subsection] (3)d.3., by the distance, measured from floor to ceiling of any designated parking floor, provided that:

1.

Seventy-five percent of parking floor area is dedicated to parking.

2.

The cumulative height of all parking floors above grade in a given building is below 20 percent of the unadjusted building height.

d.

The following three provisions may be used to qualify for a height bonus, either singularly or in combination, consistent with the above stated conditions:

1.

Setbacks. The height of a building may be increased by .5 feet up to a maximum of one-half of the height permitted as of right for every additional one foot the building is set back from required setbacks for either or both of the following:

i.

The distance from the property line or the centerline of the road, whichever is greater; and

ii.

The distance between buildings on the parcel proposed for development.

2.

Structured parking. The height of a building may be increased up to a maximum of one-half of the height permitted as of right if 50 percent or more of the required parking is provided for in a parking structure beneath the building.

3.

Average height. The height of a building may be increased up to a maximum of one-half of the height permitted by right, provided that the average height of all buildings on the site, in proportion to the floor area of the first residential living floor of all buildings, does not exceed the height otherwise permitted by right by more than 50 percent.

(b)

Multifamily residential district regulations (RM-15 district). This district is composed of medium-density (15 units per acre) multiple-family residential dwelling areas with additional open areas where it is likely and desirable to extend such type of development. Because of the higher average concentrations of people and vehicles, this district is situated where it is well-served by commercial and public services and has convenient access to thoroughfares. Site area requirements reflect the relative need for open space for the various types of residences based on the expected density of use. Permitted uses and minimum living space requirements shall be as follows:

(1)

Permitted uses. Within any RM-15 multifamily residential district, only the following uses shall be permitted:

a.

Single-family and multifamily dwellings; and

b.

Accessory uses (see schedule of regulations).

(2)

Minimum living space per unit. The minimum dwelling unit area shall be 1,000 square feet. Garages, breezeways, porches, balconies, common halls and stairways shall not be included in computing living space.

(c)

Residential planned development regulations (RPD district see definition in section 66-10). This district allows variable density areas, with supporting service facilities. Within such a district, both single-family and multifamily dwellings, as well as certain service structures, may be permitted. The intent of this district is to encourage use of imaginative design, to avoid monotonous repetition of pattern, to provide adequate open space, and to permit flexibility of site design.

(1)

Minimum district area. The minimum area of a residential planned development (RPD) district shall be five acres.

(2)

Permitted uses. Within any RPD district, only the following uses shall be permitted:

a.

Single-family dwellings.

b.

Multiple-family dwellings.

c.

Accessory uses to serve primarily the residents of the district as follows:

1.

Parks.

2.

Marinas which provide launching, docking and wet storage of boats primarily for the use of the residents of the district.

3.

Recreational facilities and structures primarily for the use of the residents of the district.

4.

Golf courses, which may be calculated as required recreational space provided that the clubhouse and other structures are located over 300 feet from any dwelling structure.

d.

Public or private utility substations, lift stations and such other uses, provided that there is no storage of trucks or materials on the site.

(3)

Minimum living space per unit. The minimum living space per unit in an RPD district shall be as follows:

a.

Single-family dwellings: 1,200 square feet per unit.

b.

Multifamily dwellings:

1.

One-bedroom units: 1,200 square feet per unit.

2.

Two-bedroom units: 1,500 square feet per unit.

3.

Three-bedroom units; 1,800 square feet per unit.

4.

Units with more than three bedrooms: 1,800 square feet per unit.

Garages, breezeways, porches, balconies, exterior common halls and exterior stairways shall not be included in computing living space.

(4)

Setbacks. The minimum distance between structures shall be 15 feet from wall to wall, and a minimum setback of 25 feet shall be required from the nearest part of any building wall to the edge of any publicly dedicated right-of-way, and 50 feet from the centerline of any private street lying within or adjacent to the RPD district. A minimum 25-foot setback shall be maintained between the walls of all structures and the perimeter of the district.

(d)

Hotel district (H district). This district is intended to provide transient residential accommodations which are compatible with medium density multiple-family residential development. Such transient accommodations must be available, on an unrestricted basis, to the general public and not to a limited group of individuals. In addition, such transient accommodations must be rented by the day or week, and not for other extended periods of time. Hotels are defined as any building or group of buildings in which public sleeping room accommodations are provided for more than 100 people, with the usual and customary staff in hotels of similar size and quality, and providing the services generally provided by a commercial hotel, together with accessory facilities. Such manner of operation must be recognized as a hotel in the local community; provided further, all ingress and egress to and from the rooms in the hotel building or group of buildings shall be made through inside halls. The hotel building or group of buildings shall have a lobby and an office staffed and operated by personnel of the hotel during all hours of the day to serve the public guests occupying and utilizing the hotel rooms and accessory facilities. The building and/or buildings herein described as a hotel shall not be used or operated as a motel, boardinghouse, lodging house or apartment building as such terms are generally known and defined, nor as housing accommodations for a private club, educational institution, church or religious order or other similar organization on a permanent or regular basis, rather than for public patrons not affiliated therewith. Requirements for the hotel (H) district shall be as follows:

(1)

Permitted uses. Hotels and RE district uses, together with the following accessory uses, shall be permitted in the hotel (H) district:

a.

Recreational facilities, to include marinas for docking and refueling, swimming pools, cabanas, tennis courts and other similar accessory facilities which will serve primarily the public guests of the hotel; provided, however, swimming pools and cabanas shall only be open for use when the hotel is open and operating as a commercial hotel in a bona fide manner with its usual and customary staff.

b.

Service facilities such as public rooms for eating and drinking, serving primarily, but not limited to, public guests of the hotel; shops, offices and facilities such as health services, beauty shops, barbershops, package liquor/party goods shop, drugstore, newsstand, jewelry store, men's shop, women's shop, linen shop, children's shop, valet and laundry, gift shop, photo studio, flower, fruit and candy shop, and other similar service facilities; provided that the total aggregate space occupied by the facilities as described in this paragraph shall not exceed 16 percent of the total floor area of the complete hotel structure, excluding dormitories or other structures and facilities utilized for the housing of employees of the hotel.

c.

All service facilities as described herein must be located within the complete hotel structure and not in a separate building constructed for accessory use or uses; provided further, service facilities are accessory uses to the hotel and such facilities shall only be open for business when the hotel is open and operating as a commercial hotel in a bona fide manner with its usual and customary staff; except that such service facilities may be open not more than 30 days prior to and in preparation for the opening of the hotel and such service facilities may remain open for a maximum of 30 days after the hotel closes, during which period the hotel staff is in the process of securing the hotel for the off-season.

(2)

Setbacks. The minimum distance between structures shall be 15 feet from wall to wall, and a minimum setback of 25 feet shall be required from the nearest part of any building wall to the edge of any publicly dedicated right-of-way, and 50 feet from the centerline of any private street lying within or adjacent to the hotel (H) district. A minimum 25-foot setback shall be maintained between the walls of all structures and the perimeter of the district.

(Ord. No. 300, § III(2.02.03), 11-7-90; Ord. No. 328, § B(2.02.03C), 8-3-93; Ord. No. 399, § 1, 11-20-01; Ord. No. 491, § 2, 4-15-14)

Editor's note— Section 2 of Ord. No. 491, adopted April 15, 2014, changed the title of § 74-83 from "Special regulations for RM-15, RPD and H districts" to read as herein set out.

The schedule of dimensional regulations for the various zoning districts is as follows:

¹ See article III, division 3, of this chapter, pertaining to Off-street parking regulations.

² Exclusive of garages, breezeways, proches and patios.

³ The height regulations contained in this section shall mean 32 or 34 feet from grade to the highest finished roof surface in the case of a flat roof, or to a point at the midpoint of the highest sloped roof, exxcept for chimneys, parapets, bell towers and elevator penthouses. In no chase shall a structure exceed 45 feet in height except in a RPD or RM-10 zoned district. Building height limitations for flood zone area construction are as follows: Any property which is located within an area of special flood hazard as designated on flood hazard boundary map or a flood insurance rate map, shall measure the maximum height standard from the base flood elevation (BFE) of the flood zone the sstructure is located within. This shall not apply to any property located in the RPD district existing at the tim eof adoptio of this land development code. See subsection 74-83 (a)(3) for special height bonus provisions for RM-10 district.

⁴ See section 74-113.

⁵ See subsection 74-83(a) for additional requirements for RM-10 district.

⁶ For impervious surface ratio, see section 74-112.

⁷ On waterfront lots, all bildings, including gues cotages and servants quarters, shall be set back a minimum of 20 feet from the mean highwater mark or the seawall.

⁸ All setbacks are measured from property lines except as noted.

(Ord. No. 300, § III(2.02.04), 11-7-90; Ord. No. 318, § 5, 6-2-92; Ord. No. 328, § B(2.02.04), 8-3-93; Ord. No. 342, § I, 11-2-93; Ord. No. 363, § 2, 3-19-96; Ord. No. 399, § 1, 11-20-01; Ord. No. 491, § 3, 4-15-14; Ord. No. 495, § 2, 4-1-14; Ord. No. 497, § 3, 6-17-14)

(a)

Purpose. The purpose of the planned mixed use (PMU) zoning district is to recognize the need and desirability of combining temporary lodging use with multi-family residential use in a manner that facilitates the redevelopment of the property to include a historic recognition component consistent with and based upon any special certificate of appropriateness approved in accordance with section 74-332 of the land development code.

In particular, it is the objective of this district to provide an expanded range of uses and flexible standards directed at providing the economic incentives and practical considerations required to foster redevelopment in a manner that gives recognition to the historic tradition of the Belleview Biltmore property.

(b)

Correlation with the future land use plan. The PMU zoning district shall only be eligible for consideration and utilization in conjunction with the commercial general plan category of the future land use map.

(c)

Permitted uses. Permitted uses in the PMU district include the following:

(1)

Temporary lodging use, including hotel/inn.

(2)

Multi-family residential use, when part of a plan that includes temporary lodging use.

(3)

Accessory uses to temporary lodging and residential use.

(4)

Nothing in this section shall be interpreted to preclude a permitted temporary lodging use and multi-family residential use from being located either horizontally or vertically in the same or attached structure(s).

(5)

Any permitted accessory use to a temporary lodging use shall be accessible to the public for entry/exit only internal to and from within the temporary lodging use itself.

(d)

Density/intensity standards. The maximum permitted density/intensity standards for the PMU district for projects that satisfactorily address the historic recognition component criteria of this section shall be as follows:

(1)

Temporary lodging use: 42 temporary lodging units (tlu) per acre.

(2)

Multi-family residential use in conjunction with temporary lodging use: ten dwelling units (du) per acre.

(3)

Mixed use projects may combine both temporary lodging use and multi-family residential use based on the maximum density/intensity allowed for each use, calculated on the basis of the proportionate share of the property attributed to each use.

(4)

The maximum permitted impervious surface ratio (ISR) for the PMU district shall be 60 percent.

(e)

Minimum district and unit size shall be as follows:

(1)

The minimum district size for utilization of the PMU district shall be 17.5 acres.

(2)

The minimum living area of any residential dwelling unit shall be 1,500 square feet.

(3)

The minimum room size for any temporary lodging unit shall be 300 square feet.

(f)

Building setbacks and separation distances shall be as follows:

(1)

The minimum required setback distance for the portion of any building or structure that does not exceed 32 feet in height shall be 25 feet from the edge of pavement/curb for the perimeter roadways.

(2)

The minimum required setback distance for the portion of any building or structure that exceeds 32 feet in height shall be 50 feet from the adjoining roadway centerline or property line, whichever provides for the greater setback distance.

(3)

The minimum separation distance between buildings or structures shall be one-half the height of the higher of any two structures and meet the minimum required by the applicable building code requirements.

(g)

Building height shall be regulated as follows:

(1)

The maximum permitted building height shall be as follows, subject to the provisions for height bonus set forth as herein:

a.

Temporary lodging use: 56 feet.

b.

Residential use: 32 feet.

(2)

Height bonus provisions shall be as follows:

a.

The provisions in this section are cumulative and additional height may be authorized on the basis of one or all of these provisions; however, in no event shall the height of any building in the PMU zoning district exceed 88 feet.

b.

To be eligible for any height bonus, the average height of all buildings in the development, in proportion to the floor area of the first habitable floor of all buildings in the development, must not exceed 56 feet.

c.

Should a building take advantage of the parking height bonus identified in this section, the applicable height of the building will be reduced, as it relates to height calculation for average height, by the distance, measured from floor to floor of any designated parking floor, provided that:

1.

Seventy-five percent of parking floor area is dedicated to parking; and

2.

The cumulative height of all parking floors above grade in a given building is below 20 percent of the unadjusted building height.

d.

The following four provisions may be used to qualify for a height bonus, either singularly or in combination, consistent with the above stated conditions:

1.

Setbacks. The height of a building may be increased by one-half foot up to a maximum of one-half of the height permitted as of right for every additional one foot of additional setback above and beyond that which is required based on the average setback for all buildings.

2.

Structured parking. The height of a building may be increased up to a maximum of one-half of the height permitted as of right if 50 percent or more of the required parking is provided for in a parking structure beneath the building.

3.

Impervious surface. The height of a building may be increased up to a maximum of one-half of the height permitted by right, provided that the impervious surface ratio for the site is less than 50 percent of the total site area.

4.

Average height. The height of a building may be increased up to a maximum of one-half of the height permitted by right, provided that the average height of all buildings on the site, in proportion to the floor area of the first habitable floor of all buildings, does not exceed 56 feet.

(h)

Parking. Parking requirements for the PMU district shall be as follows:

(1)

Temporary lodging use and uses accessory thereto: one parking space per temporary lodging unit; plus one parking space for each employee anticipated to be on the property at any one time.

(2)

Residential use and uses accessory thereto: two parking spaces per dwelling unit plus one parking space for every three dwelling units.

(3)

All other provisions for parking and loading shall be consistent with article III, division 3, off-street parking and loading.

(i)

Planned development flexibility provisions. The enumerated standards for district and unit size, and separation distances, setbacks, building height, and parking are as set forth herein, except that the commission may approve such adjustment to one or more of these standards under the planned development district process based on the merits of the specific site development plan, consistent with and based upon achieving the objectives of the historic recognition component of this section.

Any such flexible adjustment may only be approved, and will be explicitly determined and set forth, as part of a development agreement approved by the commission pursuant to section 74-86, development agreements of the Town Code.

(j)

Historic recognition component. The recognition of historic characteristics embodies a series of factors that reflect the importance of a given structure or property to a community and the larger public interest. These factors may include the nature of the use itself, the unique architectural or structural composition of a building, the historic significance of a site or location, and the economic, social, and cultural importance to a community or region. Each of these factors should be considered in determining the need, value and practicality of recognizing and preserving, replicating, or symbolizing in some form, one or more of these contributing aspects of historic recognition.

This historic recognition component section shall apply only in the event that a special certificate of appropriateness has been approved pursuant to and consistent with the criteria of section 74-332, historic preservation of the land development code and the proposed project accompanying the application for the special certificate of appropriateness has submitted application for rezoning to planned mixed use (PMU).

For the purposes of this section and determining the eligibility of a given project to qualify for the combination of use, increased density/intensity, height bonus, and related planned development flexibility provisions set forth herein, the following criteria will be evaluated by the town as part of its determination to approve a planned mixed use zoning amendment and the corresponding site development plan and development agreement.

(1)

General criteria. The factors to be evaluated shall include:

a.

Use of the property. The proposed temporary lodging use shall provide temporary lodging that is representative of the historic use of the property.

b.

Unique architectural composition. The proposed temporary lodging use shall reflect or replicate the character defining features of the exterior architectural style and appearance of the Belleview Biltmore Hotel as shown in appendix A to a reasonable degree, such that any new building incorporates one or more of the original building's defining architectural features.

There shall be a reasonable attempt to utilize building materials and artifacts from the existing building in any new or replicated structure, such that the history of the original structure and its memorabilia can be identified, observed and used as an educational link to the past.

c.

Site/location. The project shall honor and reflect the original site through the location, addition, or any new replacement building relative to its positioning, approach and relationship to the site as a whole.

d.

Economic contribution. The proposed project shall provide, to a reasonable degree, an economic contribution that is of benefit to the community that would be otherwise lost if no temporary lodging use was included.

e.

Social, cultural and community heritage. The proposed use shall contribute to the historical character, identity and social and cultural heritage of the town as a whole.

(2)

Specific design criteria. The design of the temporary lodging use and any accessory use thereto shall replicate the character defining features of the original exterior architectural style of the original Belleview Biltmore Hotel as shown in appendix A attached hereto and hereby made a part of this section. The intent of this provision is to include, to the extent practical and consistent with current building code standards, the following design components:

a.

Victorian architecture with Queen Anne style ornamentation;

b.

Minimum height of three stories and maximum height of four and one-half stories; with clear division of stories;

c.

Intersection gabled, moderately pitched, roof;

d.

Broad verandas at main entrances;

e.

Multiple chimneys;

f.

Exterior style and character of the architectural treatment; and

g.

Use of original construction materials indigenous to the area at the end of the 19th century, including those materials that may be salvaged or harvested from the existing building.

(Ord. No. 497, § 4, 6-17-14)

(a)

Purpose. The purpose of the development agreement process is to enable the detailed review of projects to be considered pursuant to the major development provisions of the Town Code in general and the planned mixed use (PMU) zoning district in particular to ensure compliance with the objectives and standards thereof; as well as to comply with the requirements of Section 4.2.7.6 of the Countywide Rules with respect to temporary lodging use standards as may be necessary.

(b)

Submission requirements. Application for a development agreement shall include the information required for site plan review, any additional information required to determine compliance with or the basis for adjustment of the development standards and historic recognition provisions of this division, and as otherwise determined necessary by the town based on the specific features of the proposed development project.

(c)

Procedures. The procedures for consideration and action on a development agreement shall, at a minimum, be consistent with and meet the requirements of the Florida Local Government Development Agreement Act (F.S. §§ 163.3220—163.3243). In particular, the procedure shall include the following:

(1)

Public hearings. Before entering into, amending, or revoking a development agreement, the town shall conduct at least two public hearings. At the option of the town commission, one of the public hearings may be held by the planning and zoning board.

(2)

Notice of intent.

a.

Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation and readership in the county. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

b.

The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed densities, intensities and building height, and shall specify a place where a copy of the proposed agreement can be obtained.

(3)

Commission action. Upon conclusion of the second public hearing, the town commission shall approve, approve with conditions, or deny the application to enter into a development agreement. If the town commission proposes a change to the proposed development agreement at the second public hearing, the commission may continue the hearing on a date certain to allow for a written revisions of the proposed development agreement to be provided to the commission for consideration.

(4)

Corresponding relief. The town commission, in approving a development agreement, is authorized, to grant relief from any provision of the land development regulations that is otherwise authorized to be waived, varied, or granted by the land development regulations, except that no such waiver or variance shall be made to the permitted uses or maximum permitted density and/or intensity standards.

(5)

Plan incorporation. All plans, schematics, and conditions approved by the town commission will become part of, or properly identified and referenced in the development agreement for the project.

(d)

Content. At a minimum, a development agreement shall include the following:

(1)

A legal description of the land subject to the agreement, and the names of its legal and equitable owners;

(2)

The duration of the agreement;

(3)

The development uses permitted on the land, including densities, intensities and building height;

(4)

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

(5)

A description of any reservation or dedication of land for public purposes;

(6)

A description of all local development permits approved or needed to be approved for the development of the land;

(7)

A finding that the development permitted or proposed is consistent with the town's comprehensive plan and land development regulations;

(8)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the town for the public health, safety, or welfare of its citizens;

(9)

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restriction; and

(10)

Such additional information or requirements as the town may determine necessary.

A development agreement may provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time.

(e)

Effect of subsequent code changes. Upon approval and execution of a development agreement, the town's codes and ordinances governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. The town may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the town has had a public hearing and determined that one or more of the following apply:

(1)

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

(2)

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

They are specifically anticipated and provided for in the development agreement;

(4)

The town demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(5)

The development agreement is based on substantially inaccurate information supplied by the developer.

(f)

Duration, amendment, filing. The following shall govern development agreements approved pursuant to the section:

(1)

The duration of a development agreement may not exceed 30 years, unless it is extended by mutual consent of the town commission and the developer, subject to public hearings as required for the initial approval.

(2)

The town shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the agreement. If the town finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the town.

(3)

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(4)

Within 14 days after execution of a development agreement, the town shall record the agreement with the clerk of the circuit court. A development agreement is not effective until it is properly recorded in the public records of the county. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor in interest to the parties to the agreement.

(5)

If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws.

(Ord. No. 497, § 5, 6-17-14)

(a)

Golf club cottages, as defined herein, are authorized as accessory structures and accessory uses on properties in the golf course ("GC") zoning district which are actively used for golf course play.

(b)

Golf club cottages shall mean temporary living and sleeping quarters located on a golf course property for the exclusive use of golf club members and their sponsored guests which shall comply with the following standards and restrictions with respect to their design and use.

(c)

Design standards for golf club cottages.

(1)

Occupants. The maximum number of bedrooms per individual cottage shall be 12. For multiple cottage structures on a golf course property, the cumulative number of bedrooms shall not exceed 28.

(2)

Dimensions. Each individual cottage shall have a minimum area of 3,000 square feet. Each bedroom in a cottage shall have a minimum area of 300 square feet. Golf club cottages shall comply with all dimensional regulations in section 74-84.

(3)

Common entry and living area. Each cottage structure shall have a single keyed entrance and shall have common living, dining and entertainment areas.

(4)

Kitchen/cooking facilities. Golf club cottages shall have no permanent provisions or facilities for cooking.

(5)

Vehicle parking. No vehicle parking is permitted near or adjacent to a golf club cottage. Guests shall access the cottages by walking or by golf cart.

(d)

Use restrictions.

(1)

Exclusive use by golf club members. Use of golf club cottages is limited to golf course members and their sponsored guests.

(2)

No other transient rentals. All use of the cottages shall be controlled and monitored by the golf club owner. No third party booking or reservation service shall be used to offer accommodations at the golf club cottages. Fees for use of the cottages will be billed to and paid by the sponsoring club member.

(3)

Maximum length of stay. Because the primary purpose of the golf club cottages is to provide accommodations for out of town club members and guests while utilizing the golf course facilities, the maximum length of stay for any group using a cottage shall be one week.

(Ord. No. 519, § 2(Att. A), 6-19-18; Ord. No. 525, § 2(Att. A), 8-6-19)

(a)

Generally. All developments shall have a total land area sufficient to meet all development design standards in this land development code, including but not limited to land required to provide setbacks from abutting rights-of-way, buffers, stormwater management, off-street parking and circulation, and protection of environmentally sensitive lands, and to comply with any other provisions which may require land to be set aside.

(b)

Residential development. Minimum lot area for individual lots within a development shall be as specified in article II of this chapter and provide for the following requirements:

(1)

The land area for the total project shall be sufficient to meet the standards of this land development code as stated in subsection (a) of this section.

(2)

Gross density of the area shall not exceed that specified in section 74-84.

(3)

Land, exclusive of individual lots to be conveyed in fee simple ownership, shall be controlled and maintained through a condominium association, property owners' association or other similar provision, or may be conveyed to governmental or not-for-profit organizations. Recordable instruments providing for these common ownership lands shall be submitted for review with the application for development plan review.

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. Impervious surface on a development site shall not exceed the ratios provided in the table in subsection (e) of this section.

(b)

Ratio calculation. The impervious surface ratio is calculated by dividing the total impervious surface by the gross site area. Water bodies are impervious and shall be included as such in the impervious surface ratio calculation.

(c)

Cluster development and residential planned developments (RPD district). Because the impervious surface ratio is calculated for the gross site, cluster development or other site design alternatives may result in individual lots within a development project exceeding the impervious surface ratio, while other lots may be devoted entirely to open space. The town may require, as a condition of approval, deed restrictions or covenants that guarantee the maintenance of such open space in perpetuity.

(d)

Use of alternative paving materials. If porous paving materials are used in accord with town specifications, then the area covered with porous paving materials shall be counted as 50 percent impervious surface.

(e)

Table of impervious surface ratios. Maximum impervious surface ratios shall be as follows:

¹ The maximum impervious surface ratio is given for each district, regardless of the type of use proposed and allowable pursuant to article II of this chapter.

(Ord. No. 399, § 1, 11-20-01; Ord. No. 491, § 4, 4-15-14; Ord. No. 497, § 6, 6-17-14)

(a)

Side and rear yards. Minimum setbacks required for side and rear yards (those sides of a building which do not abut a right-of-way), are provided in article II of this chapter. Side and rear yard setbacks are defined in section 66-10.

(b)

Distance between buildings.

(1)

The minimum distance between adjacent buildings shall be 15 feet.

(2)

Distance shall be measured at the narrowest space between structures, whether a main living unit, principal structure, an allowable attachment or an accessory use, and shall not include roof overhangs (eaves), sills, cornices, chimneys or flues which project no more than two feet into the setback area.

(c)

Front yards. The minimum distances for front yards are provided in article II of this chapter. Front yard setbacks is defined in section 66-10.

(d)

Corner lots and multiple frontage lots. Corner lots and multiple frontage lots shall be considered to have front yards on all public and vehicular access easement street frontages. Front yard setbacks will apply in each of these cases. Side yard setbacks will apply to all other sides of the lot or parcel.

(e)

Waterfront lots. All buildings, including guest cottages and servants' quarters, shall be set back a minimum of 20 feet from the mean high-water mark or the seawall as pertinent.

(f)

Exceptions.

(1)

Sills, eaves, cornices, chimneys or flues may project no more than two feet into a setback area.

(2)

An open, unroofed porch, patio, stairwell or paved terrace may project no more than ten feet into a required front yard setback. (See section 74-286 for other setback requirements.)

(3)

Ready-made, mass produced: open air stairwell, air conditioning unit, propane pad, oil tank, pool pumps, standby power generator systems and other mechanical equipment necessary and generally accepted for the operations of a modern habitable structure and its appurtenances may extend into the rear yard and side yard setback area, provided they are immediately adjacent to the structure they are designed to serve and extend no farther into the setback than necessary to physically accommodate the equipment unit and the servicing thereof.

(g)

No required variance. Provided that all of the conditions of subsection 74-114(f)(3) are satisfied for installation of standby power generator equipment for a residential property that encroaches into the minimum building setbacks, henceforth, the permitting of such installation shall not require the grant of a variance to the town's minimum building setbacks.

(Ord. No. 399, § 1, 11-20-01; Ord. No. 430, § 2, 12-20-05; Ord. No. 454, §§ 2, 3, 9-3-08)