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Bradenton City Zoning Code

CHAPTER 3

0 - DISTRICT REGULATIONS4

The following sections establish land use atlas districts for all property within the city and sets forth regulations for their use.


Footnotes:
--- (4) ---

Editor's note— Ord. No. 2926, § 1, Att. A, adopted Sept. 22, 2010, amended Ch. 3.0 to read as herein set out. The former material, designated as 300, General Regulations, derived from Ord. No. 2639, adopted Oct. 11, 2000; Ord. No. 2648, adopted Feb. 14, 2001; Ord. No. 2676, §§ 1, 2, adopted March 13, 2002; Ord. No. 2721, § 1, adopted Oct. 8, 2003; Ord. No. 2722, § 1, adopted Oct. 8, 2003; Ord. No. 2760, §§ 1—3, adopted May 26, 2004; Ord. No. 2782, Att. A, adopted April 27, 2005; Ord. No. 2783, Att. A, adopted April 27, 2005; Ord. No. 2788, Att. A, adopted Sept. 26, 2005; Ord. No. 2884, § 1(Att. A), adopted Feb. 27, 2008; and Ord. No. 2913, § 1, Att. A, adopted Feb. 10, 2010.


3.1 - Land use atlas districts.

The land use atlas districts, defined in subsections 3.1.1 through 3.1.3 below, are hereby defined and are shown on the following maps which are maintained by the PCD director and hereby made part of these LURs:

• Land use atlas

• Flood insurance rate map

• Historic district boundary map

3.1.1 Residential districts.

R-1 Single Family. This district is designed to permit low density single-family development.

R-2 Two-Family. This district is designed to permit moderate density residential development consisting of both single-family and two-family dwellings.

R-3 Multi-Family. This district is designed to permit high density multiple-family residential development.

R-4 Mobile Home. This district is designed to provide for new mobile home developments and the redevelopment of existing mobile home parks.

3.1.2 Mixed-use and non-residential districts.

Urban Core district. This district is designed to combine very high intensity, downtown, pedestrian-oriented office and commercial development with the highest density, multiple-family residential development, and is intended to be used in substantially developed areas.

UCBD district. This district is designed to combine high intensity, downtown, pedestrian-oriented office and commercial development with high density, multiple-family residential development, and is intended to be used in substantially developed areas.

UV/Urban Village. This district is designed to facilitate continued use of already developed high density residential development and to provide for a compact, mixed-use, center of activity with neighborhood and community serving uses at a pedestrian scale and character.

Urban Commercial Corridor district. This district is designed as a transitional zone between downtown and heavy commercial uses and is intended for a mix of pedestrian-oriented office/commercial uses.

Suburban Commercial Corridor district. This district is designed to permit the development of commercial areas along major highways in predominantly developed areas and is intended to meet the needs of motorists and other consumers through the provision of automobile-oriented commercial development.

P/Professional district. This district is designed to permit offices, medical facilities and related commercial uses and is intended for use primarily in developed areas.

Industrial district. This district is designed to permit wholesale and storage establishments and industrial complexes in predominantly developed areas where compatible with surrounding land uses and is intended for use in areas with sites sufficiently large to accommodate industries, their ancillary facilities, parking and buffers.

3.1.3 Special land use districts and overlays. The following land use districts and overlays are intended to provide additional standards conducive to their suggested themes, design standards, or geographical locations. Their boundaries are delineated on the land use atlas.

ADO/Antiques District Overlay. This district allows a mix of residential and light non-residential uses that encourage and promote a retail antiques and historical theme.

Conservation district. This district is designed to severely restrict development in low lying and environmentally sensitive areas.

Flood Hazard district. This district is designed to regulate development in areas of special flood hazard. These areas are shown as zone A, zone V, or floodway on the flood insurance rate map.

Historic District Overlay. This district is designed to regulate areas of historically significant structures.

PDP/Planned Development Project. This district is designed to permit the development of planned complexes of structures and uses where compatible with existing surrounding land uses and is intended for undeveloped parcels of land or those proposed for redevelopment.

VOAD/Village of the Arts District Overlay. This district is designed to allow certain arts-oriented occupations to be operated from residential homes.

Wares Creek Exemption. Pursuant to Ordinance No. 2753, all properties containing more than one valid and legally permitted dwelling unit which units have not been vacant or abandoned for one year or more may sustain the valid and legally permitted multiple dwelling units if such units are damaged or destroyed, or if the property owner chooses to make substantial improvements to the structure(s) or any part of the structure(s). This exemption shall run with the land and is transferable. In the event such use is abandoned or discontinued for more than one year, then such exemption shall cease and be of no force or effect. Properties with multiple dwelling units that were non-conforming prior to the effective date of this exemption shall not be permitted to increase the non-conformity, and shall be required to meet the minimum R-3A standards in effect at that time upon submitting an application for substantial improvement to a property.

3.1.4 Land use atlas and interpretation. The land use atlas delineates the locations and boundaries of the land use atlas districts defined in subsection 3.1.1. The land use atlas is on file in the office of the PCD director. The following rules shall be used to interpret the exact location of the land use atlas district boundaries:

3.1.4.1 Where a land use atlas district boundary follows a street or railroad, the center line of the street or railroad right-of-way is the boundary of the land use atlas district.

3.1.4.2 Where a land use atlas district boundary approximately follows a lot or property line, that line is the boundary of the land use atlas district.

3.1.4.3 Where a land use atlas district boundary follows a stream or the shore of a body of water, that stream or shoreline is the boundary of the land use atlas district.

3.1.4.4 Where a land use atlas district boundary does not clearly follow any of the features mentioned above, its exact location on the ground shall be determined by measurement according to map scale.

3.1.4.5 In any case where the exact location of a land use atlas district boundary is not clear, the PCD director shall make a determination.

3.1.5 Criteria for land use atlas district designations. Land within the city shall be assigned a land use atlas district designation from the list of standard land use atlas districts in section A. [sections 3.1.1 through 3.1.3] above. The following criteria shall be used to make such assignments and to make changes in assignments, whether initiated by the city or by a property owner pursuant to section 2.2.5 land use atlas amendment.

3.1.5.1 Consistency with the comprehensive plan. All land use atlas district assignments shall be consistent with the comprehensive plan, including the future land use map and future land use element goals, objectives and policies. The land use atlas district assigned shall be consistent with the land use category of the future land use map.

3.1.5.2 Land use compatibility. The assigning of land use atlas districts shall promote the compatibility of adjacent land uses.

3.1.5.3 Adequate public facilities. The assigning of land use atlas districts shall be consistent with the public facilities available to set the types of uses allowed in the proposed zoning district. The level of service standards set forth in section 4.1.1.5 shall be considered in assigning land use atlas districts and there shall be reasonable assurance that the demand for services allowed in the proposed land use atlas district can be met.

3.1.5.4 Public interest. Land use atlas district designations shall not be in conflict with the public interest and will promote the public health, safety and welfare.

3.1.5.5 Consistency with LURs. Land use atlas district designations shall be consistent with the purpose and intent of these LURs.

3.2 - Standard land use atlas district regulations.

This section sets forth regulations on the types of uses allowed in the standard land use atlas districts as defined in section 3.1 and also establishes dimensional requirements including lot sizes and building setbacks, for those districts. The types of uses allowed in the various land use atlas districts shall be as set forth on schedules 3.2.1.1 and 3.2.1.2. Permitted uses may be approved by the PCD director per section 2.2.1, Zoning permits. Special use uses may be approved per the procedure in section 2.2.4 Special use permit. Uses and use permissions not indicated are generally prohibited. Dimensional requirements for the use of land in the various land use atlas districts shall be as set forth in schedules 3.2.2.1. and 3.2.2.2.

SCHEDULE 3.2.1.1 RESIDENTIAL DISTRICTS / PERMITTED USES AND SPECIAL USES
USE SINGLE-FAMILY
R-1
TWO FAMILY
R-2
MULTI-FAMILY
R-3
MOBILE HOME
R-4
VILLAGE OF THE ARTS OVERLAY (4) ANTIQUES OVERLAY (4)
P SU SCC P SU SCC P SU SCC P SU SCC P SU SCC P SU SCC
Single-Family Dwelling X X X X X X
Two-Family Dwelling (5) X X X
Multi-Family Dwelling (5) X X
Garage/Accessory Unit (5) X X X X
Boarding House * X
Bed and Breakfast X X X
Home Occupation (6) X X X X X
Home Business X X
Educational/Cultural/
Religious Facilities
Mortuary/Crematory
X X X X X X
Public Facility, Park (1) X X X X X
Nursing Home X X X
Group Care Home **
Congregate Living Home and Emergency Shelter
X X X X X
Group Care Facility ** Inc. Congregate Living Fac., Recovery Home, Emergency Shelter, Res. Treatment Fac. X X X
Hospital X X X
Day Care Center * (2) X X X X X
Public Event X X X X X X
Dock/Pier (3) X X X X
P = Permitted Use SU = Special Use Permit SCC = Special City Council Approval

 

* See Specific Use Regulations, Section 4.3.2 ** See Specific Use Regulations, Section 4.3.6. An exception may apply for a Community Residential Home defined by F.S. § 419.001

(1) Neighborhood parks required in subdivisions or planned development projects shall be permitted uses.

(2) Adult and child day care centers with six or less clients and "family day care homes" as defined and licensed by the Florida Department of Children and Families are exempt from zoning requirements.

(3) Docks and piers not meeting the criteria in subsection 5.1.2.14, and those proposed on public waterfront shall require special use permit approval.

(4) See sections 3.4.5 and 3.4.6, Special district regulations.

(5) See section 4.1.3 Wares Creek exemption schedule 3.2.2.1.

(6) Telephone and mail service only.

SCHEDULE 3.2.1.2 - continued
PERMITTED AND SPECIAL USES
MIXED-USE AND NON-RESIDENTIAL LAND USE ATLAS DISTRICTS
USE (1)(5) UV (6) UC/UCBD (3) UCC SCC P I
P SU P SU P SU P SU P SU P SU
AUTOMOTIVE USES
Service Station/Repair X X X X
Car Wash X X X
Auto Sales/Rental X X X
Parking Lot/Garage X X X X X X
Automotive Specialty X X X X
AMUSEMENT ESTABLISHMENTS
Adult Entertainment * X X X
Indoor X X X X
Outdoor X X X
Parks X X X X X X
Clubs X X X X X
TRANSPORTATION USES
Public Transportation Terminal X X X X X
Marinas X X X
Motor Freight Terminals X
Marine Establishments X X X X
Heliports (11) X X X X X
Docks and Piers * (4) X X X X X
SERVICE AND EQUIPMENT ESTABLISHMENTS
Testing Laboratories X X X X X
Heating and Fuel X X
Ice Plant X X X X
Building Materials X X X X
Construction Service X X X X
Farm/Marine Supplies X X X X
Laundry/Dry Cleaning Plant X X
Wholesale X X
Storage Establishments X X X X
Plant Nurseries X X X
Communication Towers * X X X X X
MANUFACTURING
Light X X X
Heavy X
RESIDENTIAL USES
Single-Family X X X
Multi-Family X X
Mixed Use/Home Occupation X X X
Dwelling Unit w/l Principal bldg X X X X X
Garage Apartment X
PUBLIC FACILITIES X X X X X X
Seasonal Sales (2) X X X
PRIVATE EVENTS X X X X X X
PUBLIC EVENTS REQUIRE CITY COUNCIL APPROVAL
Convenience, Grocery, Drugs X X X X X
Comparison Goods X X X X
Secondhand Stores X X X
Auction Houses* X X X X
P = Permitted Use S = Special Use Blank = Not Permitted
Continued

 

SCHEDULE 3.2.1.2 - continued
PERMITTED AND SPECIAL USES
MIXED-USE AND NON-RESIDENTIAL LAND USE ATLAS DISTRICTS
USE (1)(5) UV (6) UC/UCBD (3) UCC SCC P I
P SU P SU P SU P SU P SU P SU
EATING/DRINKING ESTABLISHMENTS (7)
Restaurants - over 20 seats X X X X
Shopping Center Restautants X X X
Lounges X X X X
Catering X X X X
Take Out/Delivery/Drive Through X X X X
Café/Sidewalk Café < 20 seats (7) X X X X X
NEWSRACKS, MODULAR * X X X X X X
SERVICE ESTABLISHMENTS
Personal Service X X X X X
Business/Domestic Service X X X X
Kennels, Animal Boarding X X X
Freestanding Ice Vending Machine X
EDUCATIONAL AND RELIGIOUS
Schools, Public and Private (9) X X X X
Business, Training Schools X X X X X
Educational X X X X X
Cultural X X X X X
Dormitories X X X
Religious Establishments (9) X X
Cemeteries X X
Mortuaries, Funeral Homes, Crematories X X X X
Day Care Centers * (8) (9) X X X X X
OFFICES - NON-MEDICAL X X X X X X
LODGING
Hotels X X X X
Motels X X
Bed and Breakfast X X X X
Boarding Houses* X X
HEALTH CARE & SOCIAL SERVICE FACILITIES
Hospitals (11) X X X X
Nursing Homes * X X X X
Health Services X X X X X
Group Care Homes (12) X X X X
Group Care Facilities * (12) X X X X X
Social Services Establishment X X X
Veterinarian/Animal Hospital X X X X X
P = Permitted Use SU = Special Use Permit Blank = Not Permitted

 

* Indicates that there are specific use regulations pertaining to the use (section 4.3).

(1)  Outdoor storage and/or display in conjunction with any use is not permitted unless specifically approved by special use permit.

(2)  Limited to four per year, maximum two weeks duration each, except Christmas tree lots which are limited to once yearly for 30 days.

(3)  Refer to section 3.4.6, special district regulations, for use permissions in the Antique District Overlay.

(4)  Docks and piers proposed for public waterfront and those not meeting the criteria in section 5.1.2.14 shall require a special use permit.

(5)  Retail establishments providing modeling services require 1,000 square feet per room.

(6)  Buildings within 40 feet of a local street abutting a residential land use district must be residential in use and character and oriented to the local street. Neighborhood-serving retail uses may be allowed for corner parcels at local and minor collector street intersections if approved as a planned development project with a positive recommendation from the architectural review board.

(7)  City council approval may be required. Refer to sections 2.2.9 and 4.3.1 for alcoholic beverage sales and approval requirements.

(8)  Adult and child day care centers with six or less clients and "family day care home" as defined and licensed by HRS [Department of Children and Families] are exempt from zoning requirements.

(9)  Day care centers, schools, churches, and other religious establishments can not be located within 500 feet of any adult entertainment establishment.

(10)  Permitted use inside the Urban Central Business District Overlay.

(11)  Helicopter pads shall be a permitted accessory use to hospitals and public safety facilities.

(12)  Shall be a state licensed facility.

SCHEDULE 3.2.2.1. DIMENSIONAL AND AREA STANDARDS FOR RESIDENTIAL DISTRICTS
STANDARD RESIDENTIAL DISTRICTS
R-1 R-2 R-3 UV R-4
MINIMUM LOT AREA IN SQUARE FEET
One dwelling unit 7,200 6,500 5,000 5,000 3,000
Two dwelling units (9) 8,500 6,000 6,000
Three dwelling units 7,500 7,000
Additional area required per unit above 3 units 3,000 1,600
Maximum density (units/acre) 6 10 15 25* 15
MINIMUM STREET FRONTAGE IN FEET 50 50 50 50 35
Cul-de-sac 25 25 30 30 35
MINIMUM WIDTH AT BUILDING LINE IN FEET (6)(8)
One dwelling unit 75 60 50 50 35
Two dwelling units (9) 70 60 50
Three dwelling units 70 60
MINIMUM SETBACKS (1) IN FEET
Principal building
 front (2) (8) 20 20 20 10 5
 side 8 8 8 5 5
 rear 20 20 20 5 5
Accessory building & structures, except fences (7)
 side and rear 5 5 5 5 5
MAXIMUM BUILDING HEIGHT (3) IN FEET 35 35 45 45
MINIMUM DWELLING UNIT SIZE IN SQUARE FEET (4)
Single-family unit 1,500 800 800 800 400
Duplex unit 1,500 1,200 1,000
Multi-family unit 700 700
MAXIMUM % IMPERVIOUS SURFACE (5) 50% 60% 70% 70% 70%

 

* A five-unit density bonus is permitted with the provision of affordable housing

(1)  An overhang of up to two feet is permitted to extend into the required setback unless the overhang would extend into a public facilities easement. A variance of up to 12 inches may be approved by the PCD director. Setbacks shall be measured from the right-of-way unless waived by the PCD director per subsection 4.1.1.

(2)  Secondary front yard setback minimum is 15 feet.

(3)  Additional height is permitted if one foot is added to the rear and side setbacks for each foot of additional height of the building.

(4)  Exclusive of garages, carports or other enclosed areas.

(5)  Including building footprint, paved drives, paved terraces, impervious decks, swimming pools, and other impervious surfaces.

(6)  Required on only one frontage on a double frontage lot.

(7)  With the exception of fences, accessory buildings or accessory structures shall not be placed on easements.

(8)  Cul-de-sac lots may reduce lot width at building line by 25 feet

(9)  See section 3.4.5.6 for Village of the Arts Overlay District.

SCHEDULE 3.2.2.2
DIMENSIONS AND AREA STANDARDS FOR MIXED USE AND NON-RESIDENTIAL DISTRICTS
STANDARD MIXED-USE COMMERCIAL PROFESSIONAL INDUSTRIAL
UV UCC SCC P I
NON-RESIDENTIAL BUILDINGS (Building Setbacks in Feet) (9) Arterial (1) Non-Arterial (2) UC UCBD
  Front 5 (3) 10 none none 20 35 35 25
  Side 0 5 none none 10 10 10 20
  Rear 0 15 none none 15 25 25 25
Side or rear adjacent to residential district (10) n/a n/a 35 35 35 35 35 35
Accessory building/structure setback in feet, side or rear (11) none none none none 10 10 10 10
Maximum floor area ratio (12) 0.7 0.7 5 5 0.5 0.5 0.35 1
Maximum building height (in feet) (13) 60 (4) 35 (5) 95 95 35 35 45 45
Maximum building height (in stories) 5 3 8 8 2 2 3 4
MAXIMUM RESIDENTIAL DENSITY IN DWELLINGS UNITS PER ACRE (where permitted) 25 (6)(7) 60 (6)(8) 40 (6)(8) 10 (6)(8)

 

(1)  Standards apply to buildings fronting arterial roadways listed in Section 4.1.3.

(2)  Standards apply to buildings fronting local or collector streets listed in section 4.1.3.

(3)  Maximum building setback of 15 feet.

(4)  Within 125 feet of parcel boundary fronting arterial roadway. Within 125 feet of parcel boundary fronting arterial roadway and local or minor collector street (corner parcel), height may be increased to 85 feet.

(5)  Within 85 feet of parcel boundary fronting local street or minor collector.

(6)  A density bonus of up to ten dwelling units per acre may be granted for planned development project applications subject to architectural review board (ARB) design and compatibility review if such unit(s) meet the following conditions: (1) remains owner occupied with homestead tax exemption status; (2) the initial sales price does not exceed the purchase price limit set forth in the adopted City of Bradenton Local Housing Agency Plan, as may be amended from time to time; and (3) said unit does not exceed said purchase price limit for a time period of not less than five years from date of first occupancy.

(7)  See schedule 3.2.2.1 for urban village residential standards.

(8)  Areas inside the coastal high hazard area being the category 1 storm surge line as established by a sea, lake, and overland surges from hurricanes (SLOSH) computerized storm model are limited to dimensional and area standards and density limitations set forth in the R-3C district.

(9)  An overhang of up to three feet is permitted to extend into the required setback unless the overhang would extend into a public facilities easement or right-of-way. No footings or structural supports shall be located in a public facilities easement, drainage easement or right-of-way.

(10)  A five-foot separation strip shall be provided along all property lines abutting a residential zone. Within the strip, a permanent buffer, such as a wall or evergreen hedge, with a minimum height of six feet shall be provided.

(11)  Pervious wood decks for outdoor seating may extend to side and rear property lines at the discretion of the PCD director. No deck or structure pursuant to this allowance may extend over any water body or wetland. Additional standards may apply for such approval.

(12)  Floor area ratio is defined as the total building area divided by the total land area of the site and is limited to non-residential uses not including parking, public atriums, and/or indoor plazas and courtyards.

(13)  The maximum building height permitted, except in the UV, UC or UCBD zone, may be increased provided one additional foot is added to each required setback for each additional foot to building height. In UV, UC or UCBD districts, increased height may be permitted with the approval of the city council upon the recommendation of the ARB, provided adjoining properties would not be adversely affected based on visual impact and design and compatibility analysis and consistency with the Tamiami Trail Revitalization Strategy.

(14)  Gasoline pumps and propane tanks shall meet a 25-foot front setback and shall be landscaped.

3.3 - Special use permits.

Land uses requiring special use permits are those which have the potential of disturbing other land uses in the zoning district. Because they are not necessarily compatible with land uses in the zone in which they are allowed, they require discretionary review. Special uses are permitted only if in the specific instance the use will be compatible with surrounding uses or can be made compatible through limitations of their operation or enhancements of the site development design. The special use permit makes the stipulations of approval mandatory. The special use permit is valid for the property on which it is issued for as long as the conditions are met, unless the approval stipulates otherwise. Schedules 3.2.1.1 (residential), and 3.2.1.2 (non-residential) indicate what uses require special use permits in various zones. See section 2.2.4 for the application procedure. Special use permit applications shall be reviewed using the following:

3.3.1 General standards. All special uses shall comply at minimum with the following standards. Additional requirements may be made by city council to ensure compatibility of uses.

3.3.1.1 All special uses shall be subject to the general regulations of these LURs for single lot development, structures, lots, yards and vehicular use areas as well as the specific dimensional regulations for lots and structures for the zoning district in which the special use use is proposed.

3.3.1.2 A landscaped separation strip of at least ten feet in width shall be provided along all property lines and along all streets serving the premises, except at approved access points.

3.3.1.3 If the use is listed as a specific use in section 4.3, the standards of that section must be met.

3.3.1.4 Docks requiring special use permit must comply with the requirements of section 3.3.3.

3.3.2 Review criteria. All special uses shall comply with and be reviewed using the following criteria to determine whether to allow the use at the proposed location and to determine appropriate conditions to the use.

3.3.2.1 The tract of land must be suitable for the type of use proposed by virtue of its location, topography, shape and the nature of surrounding development.

3.3.2.2 Access points must be located so as to best suit the use and property. Wide spacing between access points and intersecting streets should be required when feasible.

3.3.2.3 All buildings shall be located an adequate distance from property lines and streets. Setbacks in excess of those required for the specific zone may be required to lessen the effect of the use on neighboring properties.

3.3.2.4 Permanent screening, such as walls, fences, hedges, and other barriers, may be required to protect surrounding properties from view of the premises or noises from the use. The minimum height and other parameters of such screening may be specified.

3.3.2.5 The following shall be considered and cited as reasons for approval or denial of the application:

a.

Adequacy of ingress and egress to property and proposed structures with particular regard for automobiles and pedestrian safety and convenience, traffic generation, flow and control and emergency access.

b.

Location and design of off-street parking and loading areas in regard to the items in "a." above and the smoke, noise, glare, dust, vibrations, fumes, pollution and other effects of the use on adjoining properties.

c.

Location and design of refuse and service areas in regard to availability, adequacy and effect upon surrounding properties.

d.

Utilities, in regard to location, availability, adequacy and compatibility with surrounding properties.

e.

Screening, buffering or separation of any nuisance or hazardous feature of the use.

f.

Proposed signs and exterior lighting with reference to glare, traffic safety and compatibility and harmony with surrounding properties.

g.

Effect upon the value of surrounding properties; the use shall not hinder the development of nearby vacant properties or adversely affect their economic value.

h.

Adequacy of land and/or building which are to be used.

i.

General compatibility or appropriateness with adjacent properties and other property in the district with special consideration given to the proposed hours of operation.

j.

Environmental quality of the district in which the use is proposed and the effect the special use permit might have on such quality.

k.

Consistency with the city's comprehensive plan.

3.3.3 Docks requiring special use permit.

3.3.3.1 General standards. Properties which are separated from a water body by a public right-of-way or public property must obtain a special use prior to installation of any dock, pier, or other appurtenance. Approval of any such dock, pier, or other appurtenance is subject to the following conditions:

a.

The dock, pier or appurtenance shall not be attached to any seawall or other structure located in the public right-of-way.

b.

Setbacks as specified by the Department of Environmental Protection must be complied with in the dock design, a minimum of ten feet.

c.

The property owner will sign a grant of easement with the City of Bradenton for usage of the waterfront property and construction of the dock, pier or appurtenance. The easement specifies that if the City of Bradenton deems the removal of the dock necessary, it will be removed at the property owners expense.

d.

The dock, pier or appurtenance will be compatible and appropriate with adjacent properties or other properties within the district.

e.

The dock, pier, or appurtenance must be approved by the Department of Environmental Protection prior to issuance of a building permit.

3.4. - Special district regulations.

3.4.1 Planned development projects (PDP). The PDP standards in this section are geared to allowing developers maximum flexibility in designing higher quality, more innovative projects that might not otherwise be permitted through these LURs. Preservation of environmentally-sensitive lands, creation of green space, and innovative design is highly encouraged. Interactive community design is also encouraged.

PDP review and approval is required for:

• Any project or new construction in a PDP district, unless the new construction is considered a minor amendment to a previously approved PDP site plan;

• Any project involving more than 200 linear feet of land below the two-foot contour line, pursuant to subsection 3.4.4.

• A subdivision that does not meet the subdivision requirements of section 4.2.

• To be eligible for PDP consideration, the proposed development should:

• Be at least one acre in total area, unless the PCD director has determined that a smaller property could provide a beneficial contribution to the city or surrounding neighborhood. More than one lot of record may be proposed as part of a PDP, including non-contiguous lots of record within the same comprehensive plan neighborhood, subject to PCD approval.

• Generally exceed the standards contained in the LURs, and not merely circumvent them. The applicant agrees that additional standards may be required as part of the approval process. Any PDP proposing a reduction of required standards must include findings provided by the applicant for justifying the reductions.

• Be reviewed by the PCD director, public works and fire departments as part of a pre-application meeting, to discuss the concept of the proposed development and the procedural requirements of these LURs. The applicant must provide a conceptual site plan showing the subject property, its relationship to the surrounding properties, and the general development scheme.

3.4.1.1 Land uses. In PDP land use districts, the land use category of the property as it appears on the future land use map in the comprehensive plan shall govern the uses which may be allowed within the proposed development, as follows:

SCHEDULE 3.4.1.1 ALLOWED USES IN PDP DISTRICTS
FLUM Designation Uses Allowed
Residential Refer to R-3 district atlas category and subsection 3.4.1.3.a.
Professional Refer to Professional district atlas designation.
Commercial Refer to UV/UCC/SCC district atlas designation.
Mixed Use Refer to UV/UC/UCBD district atlas designation.
Industrial Refer to Industrial (I) District atlas designation.

 

In all other land use districts, the land use atlas designation(s) of the property proposed for PDP approval shall govern the uses allowed within the development. Schedule 3.4.1.1 sets forth the uses which may be allowed in the various future land use map (FLUM) designations.

3.4.1.2 General PDP standards. Certain design and service standards are required for all proposed PDPs regardless of the underlying primary use. While flexibility in these requirements may be granted, such flexibility should be mitigated with enhanced standards applied to other aspects of the proposed PDP.

a.

Parking and vehicular access. While parking space, parking area design, and property access is dependent on the type of PDP proposed, the standards as set forth in subsections 4.1.4 and 3.4.1.3 of these LURs shall be generally applied to achieve the highest quality possible. Typically, parking area design should reflect logical and safe traffic flow, opportunities for shared parking and interconnectivity, pedestrian-oriented interaction, and an abundance of well-designed landscaping. Shopping cart areas should be considered an integral component of parking area use.

Access involves ingress and egress design for the proposed development. Applicants must provide a thorough analysis of how the surrounding roadways will be affected by the proposed access design, including input from outside agencies, as applicable. In some cases, roadway improvements such as deceleration or acceleration lanes may be necessary to effect good access design.

b.

Streets. The street standards set forth in subsection 4.1.3 must be met by all proposed PDPs.

c.

Drainage and utilities. The drainage standards set forth in subsections 4.1.5 and 4.2.1.4 of these LURs must be met by all proposed PDPs.

d.

Concurrency. All PDPs must meet the concurrency requirements set forth in subsection 4.1.1.5. of these LURs. Also, see subsections 2.2.10.4.a.iii. and 2.2.10.4.a.iv. and 3.4.1.5.f. for information concerning reservation of capacity for concurrency and for procedures for extending reservations of capacity.

e.

Contributions to public facilities. Stipulations of approval of a preliminary PDP may include requirements to make improvements or contribute funding to improvements to public facilities such as roadways, sewer and water facilities, drainage facilities, schools, or parks and recreational facilities. Required improvements should be relative to the impacts caused by the proposed PDP. However, applicants may propose additional contributions as part of consideration for PDP approval which should be evaluated by the city in regard to the overall quality of the proposed development.

f.

Protection of resources. PDPs must be designed to preserve natural, cultural and historic resources. Proposed development plans shall be reviewed to determine the adequacy of the plan in regard to preservation of such resources. PDPs which are partially in the Conservation district (see subsection 3.4.4) shall be consistent with the requirements of that district. In addition, proposed PDPs shall be designed so that all portions of the PDP lying in the Conservation district (below the two-foot contour line) shall be common open space maintained in perpetuity by the developer or homeowner's association. Additional stipulations may be imposed as found necessary by the approving body to protect coastal resources.

g.

Recycling dumpster pad. In addition to trash dumpster(s), an eight-foot by 22-foot concrete pad for recyclable materials is required. The dumpster must be completely fenced or screened, and landscaped on all three sides.

h.

Sidewalks. Sidewalks along roadways and those that provide logical pedestrian connections to other areas are required for all proposed PDPs, as determined by the PCD director.

3.4.1.3 Additional PDP standards. This subsection sets forth required standards for primary use-oriented developments, as follows:

SCHEDULE 3.4.1.3 SPECIFIC STANDARDS FOR PDPs BY LAND USE
Land Use Standard Reference
Residential
Group Care Facilities
Day Care Facilities
Boardinghouses
Residential PDP standards (Subsection 3.4.1.3.a)
Professional Offices
Educational Facilities
Religious Facilities
Professional PDP Standards (Subsection 3.4.1.3.b)
Commercial
Industrial
Commercial/Industrial PDP Standards (Subsection 3.4.1.3.b)
Mixed Development Mixed Use PDP Standards (Subsection 3.4.1.3.c)

 

a.

Residential PDP.

i.

Density. The number of units per acre shall not exceed the maximum as allowed by the future land use map and related policies of the comprehensive plan. If the project is in a residential district (not a PDP zone) the density shall not exceed the density allowed in that land use atlas district. Acreage for density calculations shall not include areas within the Conservation district. Maximum density is not guaranteed for any proposed PDP, however, the quality of design, contribution to public facilities, open space and recreation, preservation of resources, and compatibility of the proposed development will be evaluated in order to recommend maximum density.

ii.

Open space. Excluding roadways, parking areas, private yards, landscaped areas less than 250 square feet, and stormwater retention areas, open space shall make up a minimum of 25 percent of the site area. Open space may be in the form of recreation fields, courses, or fairways, pedestrian or bicycle paths or walkways, or landscaped common areas greater than 250 square feet each. In some cases, private yards designated as non-disturbed buffers or conservation easements may be eligible for open space calculations. In the Urban Core and Urban Central Business district, the open space requirement may be reduced or eliminated when the quality of the design justifies a reduction or elimination.

iii.

Recreation area. Recreation area shall be provided at a ratio of one acre per 500 residents. In some cases, the PCD director may recommend that recreation area be provided at a ratio of one acre per 200 dwelling units, or more. In no case, shall the minimum recreation area be less than one-half acre, except in the UCBD or PDPs less than two acres in size. To be eligible for credit, a recreation area must include benches, trees, open or grassy areas or fields, pedestrian or bike paths, play or exercise facilities, courses, fairways, or other passive or active recreation facilities, or a combination of such facilities, which may be geared to the type of population served. Higher credit may be given to facilities usable by the general public, as determined by the PCD director. Pedestrian or bike paths designed to meet the recreation standard shall be in specifically designated corridors. No recreational credit will be given to required sidewalks along roadways except for specially-designed, incidental connection points.

iv.

Parking. Two per dwelling unit plus one per ten units for visitor parking. On-street parking may be counted toward the required visitor parking only. In proposed developments of 50 units or more, parking spaces shall be provided at the recreation area in a ratio of one space per ten dwelling units. In some cases, the applicant may recommend more or less parking than required by these standards, however, such designs must be qualified and quantified by quality of design, empirical data, or emerging trends.

v.

Building setbacks. The following setbacks for buildings are typically required, unless otherwise stipulated in the PDP approval for projects proposed outside the Urban Core, Urban Central Business district and Urban Village districts:

Building setbacks for two-story buildings shall be: Thirty-five feet from any project property line which is also a street frontage, 50 feet from a major collector or arterial road as defined in subsection 4.1.3, and 15 feet from an interior private road.

For buildings with more than two stories, building setbacks from any property line shall be increased by ten feet for each additional story.

vi.

Buffers. A landscaped, well-designed perimeter buffer with a minimum or oscillating width of 25 feet from all property lines is required for all proposed residential PDPs, unless otherwise stipulated in the PDP approval.

vii.

Accessory structures. Accessory structures may be approved as part of the proposed PDP based upon subsection 5.1.2 (Accessory structures, residential buildings), as found appropriate by the approving body.

viii.

Neighborhood activity center. A neighborhood activity center consisting of light retail, restaurants, personal services, office, and other similar neighborhood types of activities may be proposed as a compact, defined area limited to one acre or five percent of the overall development. While no specific standards are suggested in order to allow innovation in design, a proposed neighborhood activity center will be evaluated for its physical design including types of uses proposed, pedestrian connectivity with the surrounding residential components, landscaping, and overall feasibility.

b.

Professional, commercial, industrial PDP. See schedule 3.4.1.1 for restrictions on where professional, commercial, and industrial PDPs can be located.

i.

Intensity. The maximum floor area ratio for professional, commercial, or industrial PDPs shall be 0.35, 0.50 and 1.0, respectively.

ii.

Open space. Excluding roadways, parking areas, landscaped areas less than 250 square feet, and stormwater retention areas (unless designed as a landscape amenity), open space shall make up a minimum of 25 percent of the site area.

iii.

Building setbacks. Principal buildings shall be set back 50 feet from street rights-of-way, and adjacent residential land use atlas districts.

iv.

Permitted uses. The uses proposed in a professional, commercial, or industrial PDP shall be the same as those allowed in the Professional, UCC, SCC, or Industrial land use atlas districts, respectively, (see schedule 3.2.1.2), unless otherwise stipulated in the PDP approval. All uses proposed shall be consistent with the future land use map and the comprehensive plan.

v.

Buffers. A landscaped, well-designed perimeter buffer with a minimum or oscillating width of 50 feet from all property lines is required for all proposed professional, commercial, or industrial PDPs, unless otherwise stipulated in the PDP approval.

vi.

Accessory structures. Accessory structures may be approved with the proposed PDP based upon subsection 5.2.2 (Non-residential accessory uses), as found appropriate by the approving body.

c.

Mixed/multiple use PDP. A mixed/multiple use PDP may be allowed in any area of the city provided that the proposed uses are consistent with the future land use map and the comprehensive plan. In the event that a mixed/multiple use PDP involves more than one land use category on the future land use map, the location of the components within the proposed PDP must be compatible with the future land use map. A mixed/multiple use PDP shall comply with all standards applicable to the PDP standards included in the single-use PDPs, above, however, it is expected that variations of the standards may be evaluated and recommended for approval. Proposed mixed/multiple use PDP should reflect the most innovative approaches toward quality development.

3.4.1.4 Application and submittal. Proposed PDPs require a comprehensive application package including the required copies of a bound narrative which may include several of the studies and analyses components indicated in these LURs, and the master site plan and associated documentation and physical delineations. The application submittal process consists of two distinct submittals: 1) the preliminary PDP; and 2) the final PDP. The application can be either paper or electronic media in a PDF format. Additional submittals may be required depending on the nature of the application and the public hearing process.

a.

Preliminary PDP application. The preliminary PDP application shall include, at minimum, 45 submission packets containing the following information, which can be duplicated in black and white up to 8½" x 14" paper size:

i.

A completed application form and fees as set forth in appendix A;

ii.

An aerial photograph taken within 18 months of the application submittal date delineating the proposed PDP boundary;

iii.

The preliminary site plan showing information as required, below;

iv.

Projections of impacts of the PDP upon roadways, sewer and water, public drainage, schools, and recreation for the purpose of concurrency, pursuant to subsection 4.1.1.5;

v.

A phasing plan;

vi.

Conceptual site improvement plans shall be required as for subdivisions (see subsection 2.2.10.2.c.);

vii.

A traffic study for: residential PDPs of 11 dwelling units or more; professional, commercial, industrial, or mixed/multiple use PDPs exceeding 10,000 square feet; and all other projects as required by the PCD director. Expenses for a third party review of the traffic study shall be paid by the applicant, when required by the city;

viii.

A landscape plan showing existing and proposed landscaping, trees, and vegetation proposed for removal. Landscape plans for projects that equal or are higher than 50 dwelling units, 50,000 square feet, or ten acres shall be prepared by a landscape architect registered in Florida.

ix.

A community impact report and project narrative, including detailed analysis of the project and the proposed PDP's potential impacts or effects upon surrounding properties, as determined by the PCD director, including a compatibility review;

x.

A master signage plan that provides a detailed description for all proposed signage, including type, size, and locations. Calculations for total area must also be included;

xi.

Other information as required by the PCD director.

b.

Preliminary site plan requirements. The preliminary site plan shall be 24 inches by 36 inches and shall be drawn at a scale of one inch equals 100 feet or larger, with the following information clearly indicated:

i.

North arrow, graphic scale, and locator inset;

ii.

Name of project, names and addresses of owner(s), engineer, planner, and agent, as applicable;

iii.

Legal description with reference points used for determining the point of beginning, and project boundary lines with bearings and distances;

iv.

Data table showing the following for each use and phase separately, as well as, for the overall PDP;

v.

Acreage:

• Total number of units and individual type calculations, including square footage and density per acre;

• Typical building characteristics including dimensions, height, and number of stories;

• Total acreage/square footage of building footprints;

• Total acreage/square footage of paved areas;

• Streets and parking;

• Total acreage/square footage of retention ponds or other water;

• Total acreage/square footage of open and green space broken down into their separate components (buffers, wooded and wetland areas, fairways, large landscaped areas, etc.);

• Total acreage/square footage of conservation area;

• Total acreage/square footage of recreation area.

vi.

Parking areas with arrangement, number of parking spaces and aisle widths, broken down by area which they serve;

vii.

Boundary lines, bearings and distances for any parcel divisions or phases;

viii.

Contours, existing and proposed, at not greater than two-foot intervals;

ix.

Easements, existing and proposed, and their locations, widths, bearings and distances;

x.

Sidewalks, streets and rights-of-way existing and proposed, on and adjacent to the project and their names, locations, widths, bearings and distances;

xi.

Wetlands, waterways and water bodies on and adjacent to the project;

xii.

Utilities, existing and proposed, on and adjacent to the project;

xiii.

Names and locations of adjacent property owners;

xiv.

Dumpster and recycling pad locations and screening method;

xv.

Building envelopes with dimensions and distances from water bodies, adjacent buildings and rights-of-way;

xvi.

Acreage/square footage calculations for proposed open space/green areas, recreation areas, paved areas, open water and stormwater retention areas;

xvii.

Proposed recreation areas, showing dimensions of any proposed building or facilities;

xviii.

Proposed buffers, walls or other features;

xix.

Statement of proposed mechanism for maintaining common areas and a statement assuring perpetual ownership of common areas;

xx.

Tree survey [Note: may be shown on separate sheet. May be waived by the PCD director.];

xxi.

Statement regarding proposed development on contiguous land under same ownership that is not proposed for approval as part of the application;

xxii.

A detailed rendering of a typical building;

xxiii.

A landscape plan that indicates all existing and proposed sewer, water, and electrical lines in order to prevent planting of trees in piped easements.

c.

Preliminary PDP review.

i.

Planning commission review and recommendation. The preliminary site plan shall be reviewed by the planning commission, based upon the staff evaluation and analysis report submitted to them by the PCD director, and per the requirements of subsection 3.4.1. The planning commission shall hold a public hearing on the application and shall recommend to the city council to approve, approve with stipulations, or deny with specific reference to the criteria in subsection 3.4.1 and the concurrency requirements of subsection 4.1.1.5. Latent changes to an application made by the applicant whereby insufficient review has been allowed for the staff, planning commission, or city council, as determined by the PCD director, may require a delay in the processing of the application, and shall result in additional review and public notice costs at the applicant's expense. The application, with written recommendation by the planning commission shall be forwarded to city council.

ii.

City council review and final decision. The city council, after receiving the planning commission's recommendation, shall approve, approve with stipulations, or deny the application with specific reference to provisions of subsection 304.A. or the concurrency requirements of subsection 4.1.1.5. The plan shall not be approved unless services as required by subsection 4.1.1.5 are available or will be available at the time the certificate of use is issued.

iii.

The approval of the preliminary site plan constitutes a finding of concurrency compliance pursuant to subsection 4.1.1.5, and a reservation of capacity for roadways, sewer and water, public drainage and recreation facilities, subject to the stipulations placed upon the approval. Approval of the preliminary plan and reservation of capacity in public facilities shall be valid for two years. An extension of time may be applied for by the developer by submitting a letter of request to the city council through the PCD director and the fee set forth in appendix A. Reservation of capacity in public facilities may be extended at the same time or city council may choose to extend the approval of the PDP but not the reservation of capacity in public facilities if there is immediate demand for the capacity by other developments. City council may set a date for reconsideration of the reservation of capacity or may reconsider at the time of the next request for extension of the PDP's preliminary approval. The final PDP site plan shall not be applied for until the reservation of capacity is renewed.

iv.

Following city council approval, development permits may be issued as necessary for public improvements.

d.

Amendment of preliminary PDP. The criteria in subsection 3.4.1 shall be used to determine if a proposed preliminary site plan amendment is minor or major. A minor amendment requires the resubmission of the final site plan and approval by the PCD director or, if the final site plan has not been submitted, the amendment can be made with the final site plan application. A major amendment requires a new preliminary site plan application submittal package, fee, and review by the planning commission and city council, unless otherwise determined by the city council.

e.

Extensions of time of a preliminary PDP. An extension of time may be requested by submitting a letter to the PCD director with the fee set forth in appendix A. Expiration dates are outlined in subsection 3.4.1.5.f. below.

f.

Public notice. The PCD shall provide public notice pursuant to Subsection 2.3.1. For the Preliminary PDP hearings. No public notice is required for final site plan review and approval.

3.4.1.5 Final PDP application. Following the approval of the construction plans, the application for final site plan approval shall include, at minimum, the following:

a.

A completed application form and fees as set forth in appendix A;

b.

The final site plan showing information as set forth in subsection 3.4.1.6.b below are required. The number of copies of the final site plan, additional information required for review and deadlines for submission are set forth in the procedures manual maintained by the PCD director. The final site plan may be submitted in phases corresponding to phases shown on the approved preliminary plan;

c.

The final PDP site plan shall be reviewed by the PCD director for completeness and adherence to the approved preliminary site plan and any attached stipulations;

d.

If a bond or other security is to be posted for public improvements, such document shall be submitted to the director of public works and the city clerk for their approval. Approval by the director of public works of as-built plans for all public facilities to be dedicated shall be required prior to acceptance of dedications by city council. Following city council acceptance, the dedication shall be recorded with the clerk of the circuit court by the city clerk;

e.

Following the dedication of, or posting of a bond or other security for all public improvements, and upon finding that the final site plan is complete and in compliance with the approved preliminary site plan, the PCD director shall approve the final site plan and notify the applicant that development permits may be applied for. Approval by the PCD director shall include a reservation of capacity for public facilities (see section 3.1.1.5). A Mylar copy of the approved final site plan shall be filed in the PCD as a permanent record. Minor amendments, as defined in subsection 3.4.1.4.b may be approved by the PCD director with the final site plan;

f.

Approval of the final site plan, including the reservation of capacity of public facilities, shall expire in one year unless building permits have been issued for construction of structures or public improvements have been completed. An extension of time may be applied for by submitting a letter of request and the fee as set forth in appendix A to the PCD director. Reservation of capacity in public facilities may be extended at the same time, or city council may choose to extend the approval of the final site plan but not the reservation of capacity in public facilities if there is demand for the capacity by other developments. City council may set a date for reconsideration of the reservation of capacity or may reconsider at the time of the next request for extension of the final plan approval. Construction permit applications shall not be accepted by the PCD director in the event that the reservation of capacity is not renewed.

3.4.1.6 Final PDP site plan. The final PDP site plan shall be a Mylar drawing and shall be drawn at the same scale as the approved preliminary plan. All sheets shall be 24 inches by 36 inches. In addition, a reproducible plan showing all lot lines, easements, and rights-of-way, shall be submitted in a digital .dwg format. The following information shall be shown:

a.

The final plan shall show all of the items required for the preliminary plan and shall reflect any changes made by the city council approval of the preliminary plan. in addition, the stipulations of the city council approval shall be listed on the plan.

b.

Any public facilities to be dedicated shall be shown on a separate sheet which shall be in a form suitable for recording with the clerk of the circuit court. A certificate of approval for recording, suitable to be signed by the city clerk, shall be included to indicate that the facilities have been accepted by city council. The plan shall show the following certifications:

c.

Certification of title showing that the applicant is the owner of the property;

d.

Certification by a registered surveyor, on plat, as to the accuracy of survey and plan.

e.

Certification by the director of public works that the developer has complied with one of the following alternatives:

i.

All of the required improvements have been installed in accordance with the regulations for such projects and other provisions of these LURs and with the action of the commission, board or governing body, as applicable, giving conditional approval of the preliminary development plat, or

ii.

A surety bond or certified check has been posted with the governing body in sufficient amount to assure completion of all such required improvements.

f.

Certification by the PCD director that the plan is in compliance with the approved preliminary and that a reservation of capacity in public facilities has been made.

3.4.1.7 Amendment to PDP. An amendment to an approved PDP requires the resubmission of a preliminary plan for review by the planning commission, and reapproval by the city council as for the original project, except when the amendment is a minor amendment, per subsection a. below. Minor amendments may be approved as per subsection b., below. Fees for major and minor amendments are set forth in appendix A.

a.

Major amendment. The applicant shall supply the PCD director with an amended site plan or other information sufficient to determine the magnitude of the amendment, and to evaluate the amendment in relation to the criteria below. Major amendments approved by city council require the submission of an amended final plan for review by the PCD director, who may require any other provisions of these LURs found to be applicable, to be included as part of the amended final plan. A Mylar drawing of the entire project as amended shall be submitted with all information as required by subsection 3.4.1.4.b. The PCD director shall find the amendment to be a major amendment if any of the following criteria is applicable:

i.

Floor area (excluding recreational facilities) is increased 20 percent or more.

ii.

The amendment is in conflict with any of the stipulations of the original approval or commitment made by the applicant during the public hearing process for the original approval.

iii.

An accessory structure is proposed which is not consistent with section [chapter] 5.0.

iv.

The amendment reduces buffer area or landscaping materials as most recently approved.

v.

The amendment involves the construction or significant alteration of public facilities.

vi.

The amendment significantly increases the impact on public facilities requiring concurrency review.

vii.

The amendment otherwise alters the project in a manner which the PCD director finds to be significant.

viii.

The conditions of the original approval have not been met, or the project is in violation of any city codes.

ix.

Traffic circulation or access points are significantly altered.

b.

Minor amendment. Minor amendments require the submission of an amended final plan for review by the PCD director, who may require any other provisions of these LURs found to be applicable, to be included as part of the amended final plan. A Mylar drawing of the entire project as amended shall be submitted with all information as required by subsection 3.4.1.4.b.

3.4.2 Historic district. There are two historic districts and scattered historic buildings located outside of these historic districts listed on the Florida Master Site File that are subject to additional review and standards. Proposed construction, uses, and other activities are reviewed by the PCD director and may require a certificate of appropriateness related to their compatibility with, and impact upon these historic districts, buildings, and resources. Applications for a certificate of appropriateness shall require approval by the PCD director, as follows:

3.4.2.1 Review and approval. The PCD director shall determine, through a written report, if the application is consistent with the "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings", issued by the U.S. Department of the Interior. If an application does not appear to be consistent with the guidelines, the PCD director shall not approve the application, and no work may begin. The applicant may then appeal the decision to the architectural review board.

3.4.3 Flood zones. Refer to the city's land use regulations appendix A: floodplain management for flood zone regulations.

(Ord. No. 2950, § 1, 7-17-13)

3.4.4 Conservation district. All areas indicated as "Conservation" on the Conservation district map maintained by the PCD director, or areas lying at, or below the two-foot contour line (two feet above mean sea level) shall be subject to the following regulations. The following are prohibited in the Conservation district except when specifically approved by city council as being of overriding public interest as defined in these LURs:

• Structures, other than docks; boardwalks; and boat ramps.

• Roadways.

• Parking areas and other paved surfaces.

3.4.4.1 Development of land which includes more than 200 linear feet of land at or below the two-foot contour line shall be approved only through the PDP process (see subsections 3.4.1 and 2.2.12) and shall further comply with the following:

a.

The site plan for such projects shall preserve all lands within the Conservation district in compliance with subsection 4.1.2.

b.

The two-foot contour line shall be buffered from upland development by a 35-foot vegetated buffer. The buffer area shall have a maximum slope of 4:1. Vegetation for the buffer shall be approved by the PCD director. Examples of acceptable vegetation are listed in the procedures manual.

c.

Within the PDP, docks, boat ramps and boardwalks shall be approved only as common recreation facilities serving the development or open to the public, and shall not be allowed as private facilities with the exception of single-family subdivided lots. Such facilities shall be restricted to the minimum needed to serve the development and shall be designed and located in such a manner as to minimize damage to valuable plant communities and habitat. Such areas shall include, but are not limited to, seagrass beds, mangrove stands, marsh grass and other coastal wetlands, and shellfish beds (see subsection 4.1.2).

3.4.4.2 Removal of vegetation, dredge and fill operations, and earthmoving adjacent to any Conservation district shall be further governed by subsection 4.1.2.

3.4.5 Village of the Arts Overlay district (VAOD). The purpose of the VAOD is to encourage a desired mix of appropriate home occupation and home business uses oriented toward, or supporting a visual or cultural arts theme while maintaining the residential character of the underlying residential neighborhoods. Any proposed home occupation or home business use related and contributing directly to an arts theme, as determined by the PCD director, unless indicated otherwise, may be approved administratively by the PCD director if the proposed use meets and complies with the minimum standards contained in this subsection. The PCD director may consult with residents and business owners in the VAOD to make such a determination. Additional standards may be required for approval, depending on the type of home occupation or home business proposed.

USE APPROVAL PROCEDURE
Administrative Special Use
PROFESSIONAL: accountant, attorney, consultant, mortgage broker, psychologist, etc. X
ARTISTIC: Fine arts and crafts creation and sales, (e.g. painting, sculpture, photography, design, handicrafts, gallery) X
EATING/DRINKING ESTABLISHMENT: Café, coffee shop, bakery. X *
OTHER USES:
Other similar non-intensive, low traffic generating non-residential uses * *
Day Care X
Public Event *
*Use permission to be determined by PCD director. Additional standards and review requirements may apply.

 

3.4.5.1 Live/work. The proprietor of the home occupation or home business use may live on the premises approved for the use, with the exception of eating/drinking establishments. No more than three employees, including the proprietor and family members, whether full- or part-time, shall work on the premises at one time, except during special events, whereby one additional employee may be permitted. The proprietor of the home occupation or home business use shall be considered an employee of that home occupation or home business. If the proprietor does not live on the premises commercial standards may apply.

3.4.5.2 Parking. Sufficient parking shall be determined by the PCD director on a case-by-case basis. A blend of available parking standards shall be used in evaluating parking needs for each proposal. Applicants for each proposed use are required to submit a detailed parking plan, in order to facilitate approval. Paved parking is typically required; however, other materials may be permitted depending on the suitability of the overall parking design and landscaping, and compatibility with surrounding properties and the VAOD theme in general. In all cases, extensive landscaping may be required to mitigate the impacts of excessive parking in residential neighborhoods.

3.4.5.3 Signage. Not including district theme signage, a home occupation may have one window or hanging façade sign, or ground sign not to exceed six square feet in area. A home business use may have one hanging façade sign not to exceed six square feet in area, or ground sign not to exceed 12 square feet in area. Ground signs must be low profile with a maximum height of 72", including structural components. All signage must be approved by the PCD director, and be compatible with the VAOD theme.

3.4.5.4 Storage. Outdoor storage is generally prohibited, however, temporary display and limited activities pertinent to the home occupation or home business that contribute to the character of the VAOD may be approved by the PCD director. In no case shall there be outdoor storage and/or display on any lot or parcel without a principal structure.

3.4.5.5 Special events. Special events may be permitted with city council approval, within a specifically identified area of the VAOD, of no more than three days in duration, if adequate provisions are made to reasonably limit or mitigate any adverse impacts resulting from noise, lighting, vehicular traffic, vehicular parking, pedestrian traffic, solid waste collection and other such matters and effects as may be expected from the occurrence of such special events. Special event signage may be placed at the entrances to the VAOD in the form of a banner or temporary sign not to exceed 16 square feet. The sign must be located on private property. Special event signage may not be installed more than three weeks prior to the event, and shall be removed within two days after the event.

3.4.5.6 Accessory dwelling units. It is the policy and intent of the City of Bradenton to promote and encourage the creation of legal accessory dwelling units for existing single-family homes in a manner that enhances the character of the Village of the Arts, provides additional income to artists, and helps residents meet their housing needs. Accessory dwelling units are permitted for lots that are between 5,000 and 6,000 square feet. Lots 6,000 square feet or larger are subject to the requirements for residential development in the Urban Village. See schedule 3.2.2.1.

a.

Approval process. One accessory dwelling unit is permitted per eligible lot, provided the development review manager first approves the proposed accessory dwelling unit and a standard building permit is issued.

b.

Permit renewal. A certificate of occupancy issued for an accessory dwelling unit shall expire if the accessory dwelling unit is found in violation by the City of Bradenton Code Enforcement Board or other code enforcement entity. Once an affidavit of compliance is issued by the City of Bradenton Code Enforcement Division or other code enforcement entity and imposed fines are paid to the City of Bradenton, the owner may reapply for a certificate of occupancy.

c.

Lot standards.

i.

The lot proposed for an accessory dwelling unit shall contain an existing single-family dwelling unit.

ii.

The lot must meet or exceed the minimum dimensional and area standards set forth in schedule 3.2.2.1 for the UV district for one dwelling unit to be eligible for an accessory dwelling unit.

iii.

The accessory dwelling unit shall have a minimum side yard setback of ten feet and a minimum rear yard setback of five feet.

iv.

No more than 70 percent of the lot may be impervious.

d.

Occupancy standards. A lot containing an accessory dwelling unit shall be occupied by the owner of the premises, and the owner may live in either the accessory dwelling unit or the principal dwelling unit. Within 30 days of securing approval for construction of an accessory dwelling unit, the owner shall record against the deed of the subject property, a deed restriction running in favor of the municipality limiting occupancy of either the principal dwelling unit or the accessory dwelling unit to the owner of the property. Proof that such a restriction has been recorded shall be provided to the PCD director prior to the issuance of a certificate of occupancy permit for the accessory dwelling unit.

e.

Accessory dwelling unit building standards.

i.

Accessory dwelling units must be permanent structures that reflect the architectural style and character of the principal dwelling unit.

ii.

No entrance for an accessory dwelling unit shall be permitted on, or, from the front of a principal dwelling unit; the accessory dwelling unit's primary entrance shall not be visible from the street view of the principal dwelling; and the accessory dwelling unit's stairways may not be constructed on the front or side of a principal dwelling unit.

iii.

The building height of an accessory structure containing an accessory dwelling unit shall not exceed 22 feet in elevation, except that a two-story accessory structure shall not be permitted if the principal building is not a two-story structure.

iv.

The orientation of the proposed accessory dwelling unit shall, to the maximum extent practical, maintain the privacy of residents in adjoining dwellings as determined by the physical characteristics surrounding the accessory dwelling unit, including landscape screening, fencing, and window and door placement.

v.

In no case shall the gross floor area of an accessory dwelling unit exceed 80 percent of gross floor area of the principal dwelling or 1,000 square feet, whichever is less.

vi.

The accessory dwelling unit shall not contain more than one bedroom.

vii.

The accessory dwelling unit shall not be intended for sale and may be rented.

f.

Parking. At least one off-street parking space must be provided in the side or rear yard setback per accessory dwelling unit subject to approval by the Public Works Department.

g.

Public health.

i.

Applicants must supply the development review manager with certification by the public works department that the water supply and sewage disposal facilities are adequate for the projected number of residents.

ii.

Only one electrical and one water meter shall be allowed to serve the principal dwelling unit and the accessory dwelling unit.

h.

Public safety. Applicants must supply the development review manager with certification by the City of Bradenton Fire Department that the proposed accessory dwelling unit will comply with the Florida Fire Prevention Code.

3.4.5.7 Artisan workshop/gallery. An artisan workshop/gallery is a permitted use within an accessory structure on a single-family lot with or without an accessory dwelling unit and is subject to standards set forth in schedule 3.2.2.1 for accessory buildings and structures. No more than one principal dwelling unit and two accessory buildings are permitted per lot. The artisan workshop may be incorporated into an accessory dwelling unit as an artist studio. The gross floor area of the artisan workshop shall not exceed 400 square feet. High hazard uses, as identified in the Florida Fire Prevention Code, are prohibited. The artisan workshop/gallery shall not be leased, sold, or used for commercial or educational purposes. It is intended for the owner or resident of the premises to prepare individually crafted artwork as defined in chapter 10.0.

3.4.6 Antiques District Overlay (ADO). The purpose of the ADO is to encourage appropriate home occupation and home business uses oriented toward, or supporting an antique collectibles theme with an underlying environment of historic and artistic themes contributing to a desirable mixed-use character. Any proposed home occupation or home business use related and contributing directly to an antiques-oriented theme, as determined by the PCD director, unless indicated otherwise, may be approved administratively by the PCD director if the proposed use meets and complies with the minimum standards contained in this subsection. The PCD director may consult with residents and business owners in the ADO to make such a determination. Additional standards may be required for approval, depending on the type of home occupation or home business proposed.

USE APPROVAL PROCEDURE
Administrative Special Use
PROFESSIONAL: Accountant, attorney, consultant, mortgage broker, psychologist, etc. X
ARTS & CRAFTS:Fine arts and jewelry, crafts creation and sales uses (i.e. painting, sculpture, stained glass, handicrafts, gallery. X
EATING/DRINKING ESTABLISHMENT:Café, restaurant, coffee shop, bakery *
RETAIL/WHOLESALE:Antique collectibles and furniture, antique furniture restoration, boutique, and other similar, period types of uses. X
OTHER USES
Other similar non-intensive, low traffic-generating non-residential uses * *
Day Care X
Public Event* *
* Use permission to be determined by PCD director. Additional standards and review requirements may apply.

 

3.4.6.1 Live/work. The proprietor of the home occupation or home business use may live on the premises approved for the use, with the exception of eating/drinking establishments. No more than three employees, including the proprietor and family members, whether full or part time, shall work on the premises at one time, except during special events, whereby one additional employee may be permitted. The proprietor of the home occupation or home business use shall be considered an employee of that home occupation or home business.

3.4.6.2 Parking. Sufficient parking shall be determined by the PCD director on a case-by-case basis. A blend of available parking standards shall be used in evaluating parking needs for each proposal. Applicants for each proposed use are required to submit a detailed parking plan, in order to facilitate approval. Paved parking is typically required, however, other materials may be permitted depending on the suitability of the overall parking design and landscaping, and compatibility with surrounding properties and the ADO theme in general. In all cases, extensive landscaping may be required to mitigate the impacts of excessive parking in residential neighborhoods.

3.4.6.3 Signage. Not including district theme signage, a home occupation may have one window or hanging façade sign, or ground sign not to exceed six square feet in area. A home business may have one hanging façade sign not to exceed six square feet in area, or ground sign not to exceed 12 square feet in area. Ground signs must be low profile with a maximum height of 72 inches, including structural components. All signage must be approved by the PCD director, and be compatible with the ADO theme.

3.4.6.4 Storage. Outdoor storage is generally prohibited; however, temporary display and limited activities pertinent to the home occupation or home business that contribute to the character of the ADO may be approved by the PCD director. In no case shall there be outdoor storage and/or display on any lot or parcel without a principal structure.

3.4.6.5 Special events. Special events may be permitted within a specifically identified area of the ADO, with city council approval, of no more than three days in duration, if adequate provisions are made to reasonably limit or mitigate any adverse impacts resulting from noise, lighting, vehicular traffic, vehicular parking, pedestrian traffic, solid waste collection and other such matters and effects as may be expected from the occurrence of such special events. Special event signage may be placed at the entrances to the ADO in the form of a banner or temporary sign not to exceed 16 square feet. The sign must be located on private property. Special event signage may not be installed more than three weeks prior to the event, and shall be removed within two days after the event.

3.4.6.6 Historic district. Any alterations to existing buildings, or new construction occurring within the ADO may require a certificate of appropriateness, as determined by the PCD director.