For the purpose of implementing the comprehensive plan of the city and all planning directives set forth in this chapter, the following zoning districts are hereby established into which the city is divided and may be developed:

(a)

Single-family residential districts.

R-E-2

R-E-1

R-1-A

R-1-B

R-1-C

R-1-D

R-1-E

R-1-F

R-1-G

(b)

Multifamily residential districts.

R-2—2-family dwellings

R-3—Multifamily dwellings

R-3-A—Multifamily dwellings

R-3-B—Multifamily dwellings

R-3-C—Multifamily dwellings

R-3-D—Multifamily dwellings

R-3-E—Multifamily dwellings

R-3-F—Multifamily dwellings

R-4—Multifamily, hotels, motels and apartments

R-5—Multifamily, hotels, motels and apartments

R-5-A—Multifamily, hotels, motels and apartments

(c)

Business and commercial districts.

NCBD—Neighborhood convenience business

R-B-1—Motel business

B-1—Local business

B-2—Community business

B-3—Central business

B-4—General business

C-1—Commercial

MC—Medical center

POI—Professional, office and institutional

City CG—Commercial general

City CHO—Commercial high office

(d)

Industrial districts.

LIRP—Light industrial research park

M-1—Light industrial

M-2—General industrial

M-3—Manufacturing industrial

IG/S1—Industrial general—Special district #1

W-1—Warehouse district

LIRP-5—Museum center district

(e)

Miscellaneous districts.

LB—Civic center and limited business

REC—Recreational

PM-0.40—Planned mobility 0.40

PT—Public transportation

PL—Public land

VC—Village center

(f)

Planned development districts.

PUD—Planned unit districts*

PCD—Planned community districts*

PID—Planned industrial districts*

*Provided, however, from and after November 28, 2017, no parcel of land shall be rezoned to this zoning district.

(Ord. No. 564, 8-23-60; Ord. No. 672, § 2, 12-12-61; Ord. No. 706, § 2, 9-4-62; Ord. No. 1136, § 1, 8-16-66; Ord. No. 157, 11-1-66; Ord. No. 1594, 9-14-71; Ord. No. 1624, § 1, 12-14-71; Ord. No. 1647, §§ 1-3, 4-18-72; Ord. No. 1705, 8-22-72; Ord. No. 1812, 5-8-73; Ord. No. 1828, § 2, 7-18-73; Ord. No. 1858, § 2, 9-25-73; Ord. No. 1978, § 2, 5-21-74; Ord. No. 2274, § 1, 8-12-76; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2447, § 1, 4-18-78; Ord. No. 2486, § 2, 5-9-78; Ord. No. 2988, § 2, 7-14-81; Ord. No. 3849, § 4, 6-26-90; Ord. No. 4908, § 6, 2-28-06; Ord. No. 5239, § 3, 8-27-13; Ord. No. 5327, § 3, 11-24-15; Ord. No. 5427, § 6, 11-28-17; Ord. No. 5461, § 4, 10-23-18; Ord. No. 5655, § 1, 10-11-23)

Cross reference— Comprehensive plan, § 23-31 et seq.

(1)

The areas assigned to the zoning districts, the designations of same and boundaries of the districts shown upon the map, which is on file in the city and made a part of this chapter by reference, are hereby established, such map being redesignated as the district map. The district map and its proper notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by the map were all fully described herein and the map herein set out. The map is identified by the title "District Map—Development Services Department," the number and effective date of the ordinance from which this chapter is derived, and the most current revision date. The map will be contained in a computer data base and an official hardcopy shall be maintained at all times.

(2)

Each district shall be subject to the regulations stipulated in this chapter.

(Ord. No. 253, § 6.2, 2-28-56; Ord. No. 1433, § 1, 6-9-70; Ord. No. 2649, § 1, 7-24-79; Ord. No. 3925, § 1, 5-14-91; Ord. No. 4170, § 27, 9-27-94)

(1)

The water surfaces, and the land under the water surface, of all canals, waterways, ponds, lakes and other water areas in the city are hereby placed in the same zoning district as the land abutting, as shown on the district map. Where the zoning districts shown on the district map are different on opposite sides of the water area, then the kind of zoning district on each side shall extend to the centerline or midpoint of the water area.

(2)

For convenience of mapping and clarity, the zoning of water areas is not shown on the district map, but is determined by the provisions of this section.

(Ord. No. 253, § 6.4, 2-28-56)

Cross reference— Marine structures, ch. 22; planning and development, ch. 23; comprehensive plan, § 23-31 et seq.; development regulations, § 23-86 et seq.; land clearing, dredging and filling, § 23-266 et seq.; artificial lakes, ponds and canals, § 23-301 et seq.; ocean ridge area, § 23-321 et seq.; plan and permit review and requirement in the land development code, § 23-56 et seq.

(1)

Where a motel-business, business or commercial district directly abuts on a residential district without any division or separator between them such as a street, alley, park or other public open space, any plot in the above districts which abuts on the residential district shall be provided with a yard at least 25 feet in depth adjacent to the residentially zoned property except for setbacks in R-B-1 as specified in section 28-748(1) and (2). Where a motel-business, business, commercial or industrial district directly abuts on a residential district without any division or separator between them such as a street, alley, park or other public open space, a 6-foot unpierced masonry wall, smoothly finished on both sides, shall be constructed in such a manner as to preclude horizontal vision, simultaneously with the construction of the business building. Such wall shall be located at the zoning district boundary line and said walls to be maintained in good repair as determined by the chief code administrator.

(2)

Where an industrial district directly abuts on a residential district, any plot in the industrial district which abuts on the residential district shall be provided with a yard at least 30 feet in depth adjacent to the residentially zoned property.

(3)

Where a business, commercial or industrial district is separated by an alley or street of 4 lanes or less excluding turn lanes from a residential district, any plot in such business, commercial or industrial district adjacent to the separating street or alley shall be provided with a landscaped yard at least 30 feet in depth along such separating street or alley.

(4)

Where a yard is required in (2) above, such yard shall be landscaped and shall not be used for any purpose except for walkways or driveways to serve the plot.

(5)

Where a landscaped yard is required in (3) above, the following regulations shall prevail:

(a)

Where the business, commercial, or industrial plot only has access from the street separating it from the residential district, no paving shall be permitted in the required landscaped yard, except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(b)

When the business, commercial or industrial plot has access from a street other than that separating it from a residential district, no paving shall be permitted in the required landscaped yard, except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises. The required yard may in this instance be reduced to 25 feet, providing a continuous, solid masonry wall or decorative wall 6 feet in height is located at the interior line of the 25-foot-deep required yard. Such wall shall not be used for any sign and shall have 1 hedgerow of hardy shrubs placed on the street side of such wall.

(6)

Where landscaping is referred to in this section, it shall mean that the landscaped area shall be planted and maintained in lawn or landscaping, including flower beds, shrubs or hedges not over 3 feet in height (except when next to a wall as permitted in (5)(b) above), or trees planted so as not to obscure vision of traffic. All such landscaping shall be proposed, established and maintained in a manner consistent with all applicable landscaping requirements set forth in this Code.

(Ord. No. 253, § 6.5, 2-28-56; Ord. No. 374, § 1, 4-14-59.; Ord. No. 658, § 1, 8-29-61; Ord. No. 668, §§ 1, 2, 11-14-61; Ord. No. 958, § 1, 4-6-65; Ord. No. 1217, § 1, 5-23-67; Ord. No. 1342, § 1, 3-18-69; Ord. No. 1814, § 1, 5-8-73; Ord. No. 2659, §§ 1, 2, 10-9-79; Ord. No. 4165, § 1, 7-26-94; Ord. No. 5706, § 11, 10-22-24; Ord. No. 5714, § 1, 11-4-24)

Cross reference— Marine structures, ch. 22; docks and other mooring facilities, § 22-56 et seq.; neighborhood convenience business district, § 28-716 et seq.; R-B-1 motel-business district, § 28-741 et seq.; B-1 local business district, § 28-776 et seq.; B-2 community business district, § 28-796 et seq.; B-3 central business district, § 28-821 et seq.; B-4 general business district, § 28-846 et seq.; C-1 commercial district, § 28-871 et seq.; POI professional, office and industrial district, § 28-891 et seq.; MC medical center district, § 28-921 et seq.; LIRP-5 light industrial and research park 5 district, § 28-976 et seq.; LIRP-2.5 light industrial and research park 2.5 district, § 28-996 et seq.; W-I warehouse district, § 28-1016 et seq.; IG/S1 industrial-general special district number 1, § 28-1041 et seq.; M-1 light industrial district, § 28-1071 et seq.; M-2 general industrial district, § 28-1096 et seq.; M-3 manufacturing industrial district, § 28-1121 et seq.

Editor's note— At the direction of the city, former §§ 28-305 and 28-306 have been transferred to Art. IX of this chapter and included at the discretion of the editor as §§ 28-341 and 28-342.

(1)

Development in the following zoning districts shall be limited to the following floor area ratios:

(2)

For the purpose of this section, the following definitions shall apply:

(a)

"Floor area" shall mean the sum of the gross areas of the horizontal plane of each story of a building, including atrium areas, measured from the interior faces of the exterior walls or from the centerline of walls separating 2 buildings, excluding parking structures, attic areas, balconies, unenclosed stairs or fire escapes, and basement space where the ceiling is less than 72 inches above the floor.

(b)

"Floor area ratio" shall mean the floor area in square feet of buildings on any lot divided by the lot area in square feet.

(3)

The building intensity and development of any property zoned in a classification not set forth in 1 above shall be governed by the zoning district regulations applicable to such property.

(Ord. No. 3706, § 1, 8-9-88; Ord. No. 4224, § 1, 7-25-95; Ord. No. 4908, § 7, 2-28-06; Ord. No. 5239, § 3, 8-27-13; Ord. No. 5327, § 3, 11-24-15; Ord. No. 5369, § 1, 5-23-17; Ord. No. 5427, § 7, 11-28-17; Ord. No. 5461, § 5, 10-23-18; Ord. No. 5476, § 5, 1-8-19; Ord. No. 5655, § 5, 10-11-23; Ord. No. 5660, § 2, 10-11-23)

Cross reference— Neighborhood convenience business districts, § 28-716 et seq.; R-B-1 motel business district, § 28-741 et seq.; B-1 community business district, § 28-796 et seq.; B-3 central business district, § 28-821 et seq.; B-4 general business district, § 28-846 et seq.; C-1 commercial district, § 28-871 et seq.; POI professional office and industrial district, § 28-891 et seq.; LIRP-5 light industrial and research park 5 district, § 28-976 et seq.; LIRP-2.5 light industrial and research park 2.5 district, § 28-996 et seq.; W-1 warehouse district, § 28-1016 et seq.; IG/S1 industrial general-special district number 1, § 28-1041 et seq.; M-1 light industrial district, § 28-1071 et seq.; M-2 general industrial district, § 28-1096 et seq.; M-3 manufacturing industrial district, § 28-1121 et seq.

Editor's note— At the direction of the city, former § 28-308 has been transferred to Art. IX of this chapter, and included at the discretion of the editor as § 28-343.