Daytona Beach Shores
City Zoning Code

ARTICLE VII

ESTABLISHMENT OF DISTRICTS

Sec. 14-15.- Establishment of zoning districts.

The incorporated area of Daytona Beach Shores, Florida, is divided into zoning districts within which the uses of land are regulated as provided by this ordinance.

The following zoning districts have been created and are designated by the accompanying symbols:

RSF-1	Urban Single-Family Residential Detached District
RSF-2	Urban Single-Family Residential Detached District
RMF-1	Multifamily Residential District (High Density)

RMF-2	Multifamily Residential District (Medium Density)
RMF-3	Multifamily Residential District (Low Density)
T	Hotel/Motel District
GC-1	Tourist-Oriented Commercial District
GC-2	Retail/Service Commercial District
PUD	Planned Unit Development
PUD-R	Planned Unit Development-Riverside District
MXD	Mixed Use
P	Public/Quasi-Public
GC-RD	General Commercial-Redevelopment District
MUPUDE	Mixed Use Planned Unit Development East District
MUPUDW	Mixed Use Planned Unit Development West District

(Ord. No. 2007-2, § 1, 2-28-07; Ord. No. 2008-09, § 1, 9-9-08; Ord. No. 2010-09, § 3, 5-11-10; Ord. No. 2011-1, § 1, 3-8-11; Ord. No. 2014-12, § 3, 11-11-14)

Sec. 14-16. - RSF-1 Urban Single-Family Residential Detached District.

14-16.1. Purpose and Intent.

The purpose and intent of the RSF-1 Urban Single-Family Residential Detached District is to provide low residential density for the purpose of preserving the character of existing residential neighborhoods and generally implementing the city's land use plan within, but not necessarily limited to, those areas shown for single-family use.

14-16.2. Permitted Principal Uses and Structures.

Single-family dwelling.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-16.3. Permitted Accessory Uses and Structures.

Home occupations regulated by section 14-45 and other accessory uses or structures customarily incidental to the permitted principal use or structure.

14-16.4. Dimensional Requirements.

Minimum lot size:

Area: Ten thousand (10,000) square feet.

Width: Eighty-five (85) feet.

Minimum yard size:

Front yard: Thirty (30) feet.

Rear yard: Twenty-five (25) feet.

Side yard:

Interior lot: Ten (10) feet.

Waterfront: Twenty-five (25) feet (river); fifty (50) feet (ocean).

Minimum floor area: One thousand (1,000) square feet.

Maximum building height: Thirty-five (35) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

14-16.5.1. Utility Easements.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a ten-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement schedule (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the ten-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The ten-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 2006-23, § 6, 9-27-06; Ord. No. 2006-28, § 6, 11-8-06)

Sec. 14-17. - RSF-2 Urban Single-Family Residential Detached District.

14-17.1. Purpose and Intent.

The purpose and intent of the RSF-2 Urban Single-Family Residential Detached District is to provide medium residential density for the purpose of preserving the character of existing residential neighborhoods and generally implementing the city's land use plan within, but not necessarily limited to, those areas shown for single-family use.

14-17.2. Permitted Principal Uses and Structures.

Single-family dwelling.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-17.3. Permitted Accessory Uses and Structures.

Home occupations regulated by section 14-45 and other accessory uses or structures customarily incidental to the permitted principal use or structure.

14-17.4. Dimensional Requirements.

Minimum lot size:

Area: Seven thousand five hundred (7,500) square feet.

Width: Fifty (50) feet.

Minimum yard size:

Front yard: Thirty (30) feet.

Rear yard: Twenty-five (25) feet.

Side yard:

Interior lot: Ten (10) feet

Abutting any street right-of-way: Twenty-five (25) feet.

Waterfront: Twenty-five (25) feet (river); fifty (50) feet (ocean).

Minimum floor area: One thousand (1,000) square feet.

Maximum building height: Thirty-five (35) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

14-17.5.1. Utility Easements.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a fifteen-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement schedule (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the fifteen-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The fifteen-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property.

14-17.5.2. On-Site Underground Utilities.

All new on-site utilities for properties fronting South Atlantic Avenue shall be buried underground. Existing overhead service connections shall be relocated underground, if the electrical distribution system serving the site is underground or in the event of any alterations or repairs to the electrical service connection exceeding one thousand dollars ($1,000.00) in value.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 2006-23, § 7, 9-27-06; Ord. No. 2006-28, § 7, 11-8-06)

Sec. 14-18. - RMF-1 Multi-Family Residential District (High Density).

14-18.1. Purpose and Intent.

The purpose and intent of the RMF-1 Multi-Family Residential District is to provide for multifamily residential living, catering to the needs of the citizens of the city desiring a well-maintained and natural on-site environment for multifamily living.

14-18.2. Permitted Principal and Prohibited Uses and Structures.

Permitted Uses: Multifamily dwellings.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

Prohibited Use: Off-beach parking facilities and parks are prohibited. Off-beach parking and parks established on properties located in this zoning district prior to the effective date of this ordinance are grandfathered from this provision regardless as to whether the establishment of the use was improvident.

14-18.3. Permitted Accessory Uses and Structures.

Accessory uses or structures customarily incidental to the permitted principal use or structure.

14-18.4. Dimensional Requirements.

Minimum lot size:

Area: Seven hundred twenty-six (726) square feet for each dwelling unit.

Width: Fifty (50) feet.

Minimum floor area:

One (1) bedroom: One thousand (1,000) square feet.

Two (2) bedrooms: One thousand two hundred (1,200) square feet.

Three (3) bedrooms: One thousand four hundred (1,400) square feet.

Required enclosed parking: A minimum of one (1) parking place per unit shall be underground or within an enclosure. The balance of the required parking may be in open areas, subject to the provisions of section 14-48.6.

Minimum "green" area: Thirty (30) percent of lot size, measured to seawall. Landscaped areas shall be located so that no less than thirty (30) percent of the provided front yard and twenty-five (25) percent of the provided side yards are landscaped.

Minimum setbacks:

Front yard: Thirty (30) feet. Porte cocheres or marquees may extend over the required front yard a maximum of twelve (12) feet.

Rear yard from seawall or coastal construction control line established in August 1973: Fifty (50) feet.

Side yard: Abutting any street: Same as interior lot.

Interior lot:

A minimum of seven (7) feet side yard setback for any building up to and including twenty (20) feet in height.

An additional one (1) foot of side yard setback for each three (3) feet of height from twenty (20) feet to sixty-five (65) feet.

An additional one (1) foot of side yard setback for each two and one-half (2½) feet of height from sixty-five (65) feet and up.

Bulkhead line: See section 5-9 of this Code.

For all structures exceeding sixty-five (65) feet in height, the total combined side yard setback requirements on both sides of the building together, may be divided at the owner's option, provided that the smaller of the two (2) side yard setback dimensions shall not be less than twenty-five (25) percent of the combined total and shall not be less than twenty-two (22) feet. For all structures exceeding twelve (12) stories, a minimum side yard setback of forty (40) feet is required. Variances from this requirement are prohibited.

In determining the minimum yard size measurements, except for the rear yard, under this section, the sole criterion shall be a measurement from the applicable lot line to the closest "structure" as that term has been defined in section 2-2 of this Code.

Underground parking garages shall not be constructed within ten (10) feet of any side or fifteen (15) feet of any front lot line and shall maintain the fifty-foot rear yard requirement. Underground parking structures shall be waterproofed and constructed in a manner that does not impede the installation or maintenance of required landscaping and associated irrigation systems above the garage. The top of any underground garage shall not exceed Elevation 20 (NGVD 29) or the predevelopment average site elevation or the crown of the road, whichever is greater. Any exposed walls of underground garages shall be screened by heavy landscaping.

As to the rear yard, swimming pools, decks and other recreational facilities shall be allowed, subject to the provisions of section 14-48.6, as amended, relating to "Hotels and Motels." The provisions of section 14-48.6, as amended, relating to parking shall also apply.

Side yard setback will be established upon the height of the roof line of the structure.

Maximum lot coverage by building: Thirty-five (35) percent of total lot area.

Maximum building height: Large Lot-A: Sixteen (16) stories plus an additional two (2) stories for parking. Large Lot-B: Twenty-three (23) stories plus an additional two (2) stories for parking. An additional one (1) story for parking is permitted when a project provides the following: (1) A minimum of twenty (20) percent additional off-street parking in excess of the minimum required off-street parking; and (2) a minimum of ten (10) percent additional landscaping in excess of the minimum required landscaping. Building height variances are prohibited.

Minimum density: Thirty-five (35) units per acre.

Maximum density: Sixty (60) units per acre.

Maximum North-South Width:

New structures above the average crown of the road shall not exceed a sixty-five (65) percent maximum north-south width along S. Atlantic Avenue. When two (2) or more structures above the average crown of the road are to be developed on the same property, each structure shall be treated as though it were on an individual lot.

Existing structures above the average crown of the road that are at the sixty-five (65) percent maximum north-south width along S. Atlantic shall not be increased in width. Existing structures above the average crown of the road less than sixty-five (65) percent maximum of the north-south width may be increased to sixty-five (65) percent if all minimum setback requirements are met.

Breezeway/Visual Corridor:

There shall be a breezeway/visual corridor across the full depth of all oceanfront properties which shall be reserved to ensure the movement of ocean breezes, and to provide visual access to the ocean. Thirty (30) percent of the total frontage dimensions running the full length of the property from S. Atlantic Avenue to the mean high-water line of the Atlantic Ocean shall be developed as an open breezeway/visual corridor. Rail fences and pool facilities no higher than forty-eight (48) inches above finished grade may encroach into the breezeway/visual corridor provided their placement is clearly subordinate to and coordinated with the breezeway's predominate open space function. In no instances may any such encroachment extend the entire width of the corridor. The breezeway/visual corridor shall include a seven-foot dedicated concrete public walkway, constructed by the applicant, from the sidewalks to the beach. An irrigated landscape area of no less than three (3) feet in depth shall be provided along the entire length of the walkway. The City Commission may waive the requirement to construct a dedicated concrete public walkway from the sidewalks to the beach and the three-foot surrounding landscape area requirement upon making findings that:

(a)

The developer shall provide compensation to the city, equal to the cost estimated to construct the public walkway and irrigated landscape from the sidewalks to the beach plus the city's legal costs for the review of this transaction. The construction costs estimated shall be provided by the applicant and conducted by an estimator approved by the city; and

(b)

At least one (1) public beach access exists within one thousand (1,000) feet of the proposed development.

Site Design Standards for Oceanfront Lots:

All construction materials shall be resistant to the effects of sun and salt water.

All service areas shall be screened from off-site public view by walls or landscaping.

The entire perimeter of the property adjacent to Atlantic Avenue and the first fifteen (15) feet inside the property shall be heavily landscaped such that the primary view toward the property from Atlantic Avenue shall include conspicuous and lush landscaping. Driveway accesses, walkways and fountains may be placed within this landscape area provided their size and location does not conflict with the purpose of this landscape area.

All on-site utilities shall be buried underground.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a ten-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement program (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the ten-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The ten-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property.

Note— Nothing in this section shall be interpreted so as to repeal the dimensional requirements specified within § 14-29.4 of this appendix.

14-18.5. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

(Ord. No. 96-05, § 1, 4-24-96; Ord. No. 98-07, § 2, 4-8-98; Ord. No. 98-22, § 2, 8-5-98; Ord. No. 2006-23, § 1, 9-27-06; Ord. No. 2006-28, § 2, 11-8-06; Ord. No. 2008-15, § 1, 9-23-08; Ord. No. 2017-12, § 2, 10-24-17)

Sec. 14-19. - RMF-2 Multi-Family Residential District (Medium Density).

14-19.1. Purpose and Intent.

The purpose and intent of the RMF-2 Multi-Family Residential District is to provide for multifamily residential living, catering to the needs of the citizens of the city desiring a well-maintained and natural on-site environment for multifamily living.

14-19.2. Permitted Principal Uses and Structures.

Townhouses, multifamily dwellings and adult congregate living units.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-19.3. Permitted Accessory Uses and Structures.

Accessory uses or structures customarily incidental to the permitted principal use or structure.

14-19.4. Dimensional Requirements.

Townhouses:

Minimum lot size:

Area: Two thousand four hundred twenty (2,420) square feet for each dwelling unit.

Width: Seventy-five (75) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

Minimum floor area:

Studio or efficiency: Five hundred (500) square feet.

One bedroom: Six hundred fifty (650) square feet.

Two (2) bedrooms: Eight hundred (800) square feet.

Three (3) bedrooms: Nine hundred fifty (950) square feet.

Each additional bedroom: One hundred twenty (120) square feet.

Minimum building setback from streets, drives and parking lots: No building shall be located closer than twenty (20) feet from any interior street or drive and no closer than ten (10) feet from any parking lot.

Maximum building height: Thirty-five (35) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: Ten (10) feet.

Abutting any street: Twenty (20) feet.

Multifamily Dwellings:

Minimum lot size:

Area: One thousand two hundred forty-four point fifty-seven (1,244.57) square feet per dwelling unit.

Width: Seventy-five (75) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Ten (10) feet plus one (1) foot of rear and side yard for each additional three (3) feet of building height over twenty (20) feet.

Side yard:

Interior lot: Seven (7) feet.

Abutting any street: Twenty (20) feet.

Maximum building height: Sixty-five (65) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

Minimum floor area per unit:

Studio or efficiency: Five hundred (500) square feet.

One (1) bedroom: Six hundred fifty (650) square feet.

Two (2) bedrooms: Eight hundred (800) square feet.

Three (3) bedrooms: Nine hundred fifty (950) square feet.

Each additional bedroom: One hundred twenty (120) square feet.

Minimum building spacing requirements:

Fifty (50) feet between any combination of fronts or rears of adjacent buildings.

A separation requirement of twenty-two (22) feet minimum shall be maintained between buildings exceeding thirty (30) feet in height when more than one (1) building is erected on a recorded lot.

Density: Greater than twelve (12) and a maximum of thirty-five (35) units per acre.

14-19.5. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 2022-10, § 1, 4-12-22)

Sec. 14-20. - RMF-3 Multi-Family Residential District (Low Density).

14-20.1. Purpose and Intent.

The purpose and intent of the RMF-3 Multifamily Residential District is to provide for multifamily residential living and certain properties abutting single-family residential districts providing to the needs of the citizens of the city by providing a well maintained and natural on-site environment for multifamily living.

14-20.2. Permitted Principal Uses and Structures.

Multifamily dwellings, duplexes and townhouses.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-20.3. Permitted Accessory Uses and Structures.

Accessory uses or structures customarily incidental to the permitted principal use or structure.

14-20.4. Dimensional Requirements.

Duplexes:

Minimum lot size:

Area: Seven thousand two hundred sixty (7,260) square feet (three thousand six hundred thirty (3,630) square feet per dwelling unit).

Width: Seventy-five (75) feet.

Minimum yard size:

Front yard: Thirty (30) feet.

Rear yard: Twenty-five (25) feet.

Side yard:

Interior lot: Ten (10) feet.

Abutting any street right-of-way: Twenty (20) feet.

Maximum height: Thirty-five (35) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

Minimum floor area per unit:

One (1) bedroom: Seven hundred fifty (750) square feet.

Two (2) bedrooms: Nine hundred (900) square feet.

Three (3) bedrooms: One thousand (1,000) square feet.

Each additional bedroom: One hundred twenty (120) square feet.

Minimum building spacing requirements:

Twenty-five (25) feet between ends of buildings.

Twenty-five (25) feet between ends and rears of adjacent buildings.

Fifty (50) feet between any combination of fronts or rears of adjacent buildings.

Townhouses:

Minimum lot size:

Area: Three thousand six hundred thirty (3,630) square feet for each dwelling unit.

Width: Seventy-five (75) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

Minimum floor area:

Studio or efficiency: Five hundred (500) square feet.

One (1) bedroom: Six hundred fifty (650) square feet.

Two (2) bedrooms: Eight hundred (800) square feet.

Three (3) bedrooms: Nine hundred fifty (950) square feet.

Each additional bedroom: One hundred twenty (120) square feet.

Maximum building height: Thirty-five (35) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: Ten (10) feet.

Abutting any street: Twenty (20) feet.

Multifamily Dwellings:

Minimum lot size:

Area: Three thousand six hundred thirty (3,630) square feet for each dwelling unit.

Width: Seventy-five (75) feet.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent of the total lot area.

Minimum floor area:

Studio or efficiency: Five hundred (500) square feet.

One (1) bedroom: Six hundred fifty (650) square feet.

Two (2) bedrooms: Eight hundred (800) square feet.

Three (3)bedrooms: Nine hundred fifty (950) square feet.

Each additional bedroom: One hundred twenty (120) square feet.

Minimum building spacing requirements:

Twenty-five (25) feet between ends of buildings.

Twenty-five (25) feet between ends and rears of adjacent buildings.

Fifty (50) feet between any combination of fronts or rears of adjacent buildings.

Maximum building height: Thirty-five (35) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: Ten (10) feet.

Abutting any street: Twenty (20) feet.

14-20.5. Density.

Maximum of twelve (12) units per acre.

14-20.6. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

(Ord. No. 98-07, § 2, 4-8-98)

Sec. 14-21. - T Hotel/Motel District.

14-21.1. Purpose and Intent.

This district recognizes the importance of attractive, well-ordered facilities for tourist accommodations and the importance of tourism in the economy of the district and the region. The T districts have access to major thoroughfares. It is not intended that these areas provide commercial facilities of a character open to the general public nor provide automotive services. The district is a specialized one, designed to protect and enhance the basic economy of the area. It is generally intended to use T district to implement the Comprehensive Plan within but not necessarily limited to those areas of the district shown as "hotel/motel."

14-21.2. Permitted Principal and Prohibited Uses.

Permitted Principal Uses:

Hotels, motels and tourist accommodations.

In connection with and accessory to hotel, motel and tourist accommodation facilities for the sale of sundries, flowers, gifts and souvenirs; newspapers and magazines and the like, personal service facilities such as barber or beauty shops; restaurants, coffee shops and cocktail lounges, shall be subject to the following limitations:

All such facilities shall be designed and scaled to serve the guests of the accommodating establishment, and hotels, motels and tourist accommodations having less than one hundred (100) rooms shall not have restaurant, lounges or coffee shops which have a combined occupancy load of more than two (2) persons per unit based upon the occupancy load established by the Building Official using the codes then currently adopted by the city.

All such facilities shall be accessible only from a foyer, interior court or corridor of the accommodating establishment.

All uses permitted in RMF-1 as long as they meet all dimensional requirements of an RMF-1 district.

Travel agency.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

Hotel suites.

14-21.3. Permitted Accessory Uses and Structures.

Auditoriums, lecture halls or conference rooms accessory to a hotel or motel. Parking lots and parking garages, private and commercial. Other accessory uses and structures incidental to the permitted uses and structures.

14-21.3.1. Permitted Temporary Use.

Promotional Activities shall comply with section 14-60.2.

14-21.4. Dimensional Requirements.

Minimum lot size:

Area: Six hundred twenty-two point two hundred eighty-six (622.286) square feet for each dwelling unit.

Width: Fifty (50) feet.

Minimum "green" area: Twenty (20) percent of lot size measured to seawall or coastal construction control line established in August 1973. Landscaped areas shall be located so that no less than thirty (30) percent of the provided front yard and twenty-five (25) percent of the provided side yards are landscaped.

Minimum setbacks:

Front yard: Thirty (30) feet. Porte cocheres or marquees may extend over the required front yard a maximum of twelve (12) feet.

Rear yard from seawall or coastal construction control line established in August 1973: Fifty (50) feet.

Side yard: Abutting any street: Same as interior lot.

Interior lot:

A minimum of seven (7) feet side yard setback for any building up to and including twenty (20) feet in height.

An additional one (1) foot of side yard setback for each three (3) feet of height from twenty (20) feet to sixty-five (65) feet.

An additional one (1) foot of side yard for each two and one-half (2½) feet of height from sixty-five (65) feet and up.

Bulkhead line: See section 5-9 of this Code.

In determining the minimum yard size measurements, except for rear yard, under this section, the sole criterion shall be a measurement from the applicable lot line to the closest "structure" as that term has been defined in section 2-2 of this Code.

Side yard setback will be established based upon the height of the roof line of the structure. Height, as applied to a building, means the vertical distance from the average crown of the road to the highest finished roof surface in the case of flat roofs or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4½) feet.

Minimum building spacing requirements: A separation requirement of twenty-two (22) feet minimum shall be maintained between buildings exceeding thirty (30) feet in height when more than one (1) building is erected on a recorded lot.

Maximum lot coverage by building: Thirty-five (35) percent of total lot area.

Minimum density: Thirty-five (35) units per acre.

Maximum density: Seventy (70) units per acre.

Maximum north-south width:

Existing structures above the average crown of the road that are at the sixty-five (65) percent maximum north-south width along S. Atlantic shall not be increased in width. Existing structures above the average crown of the road less than the sixty-five (65) percent maximum of the north-south width may be increased to sixty-five (65) percent if all minimum setback requirements are met.

Breezeway/Visual Corridor:

(a)

(b)

At least one (1) public beach access exists within one thousand (1,000) feet of the proposed development.

Site Design Standards for Oceanfront Lots:

All construction materials shall be resistant to the effects of sun and salt water.

All service areas shall be screened from off-site public view by walls or landscaping.

All new onsite utilities shall be buried underground.

Note— Nothing in this section shall be interpreted so as to repeal the dimensional requirements specified within § 14-29.4 of this appendix.

14-21.5. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

14-21.6. Hotel Suite Requirements.

When a hotel unit contains cooking facilities it shall be considered as a hotel suite unit. All hotel suites developed after November 10, 1999, including those developed as a hotel condominium shall conform with the following:

(1)

The hotel suite requirements shall be applied in new construction or in existing buildings where the construction of cooking facilities for suite hotel units are part of a request for a building permit.

(2)

The hotel suite shall have a minimum of four hundred (400) square feet of floor area. Cooking facilities in hotel rooms having less than four hundred (400) square feet shall be limited to one (1) six (6) cubic-foot capacity refrigerator.

(3)

The entire property and building shall be maintained and operated as a hotel with hotel accessory uses in compliance with section 2-2, Definitions for Hotel, and all rooms contained within the property shall be licensed and inspected as required by law for hotel accommodations.

(4)

A minimum of twenty (20) percent of the total gross area shall be maintained as green area. Commercial accessory facilities, walkways, corridors and parking areas shall not be included as green area for purposes of this calculation. This provision shall not be waived or affected through the variance procedure.

(5)

The hotel property and building shall contain a registration desk and a lobby with complete hotel operations including but not limited to daily room, towel and linen service.

(6)

The owner of a hotel property shall not convert a part of a hotel property from a hotel use to a multifamily residential use. The owner of a hotel property shall be permitted to convert the entire property to a permitted multifamily residential use, so long as the property conforms to the requirements for unit size and all other zoning requirements for the zoning district classification and the proposed use. Dual use, i.e., hotel/hotel suite use and multi-family residential use shall be prohibited.

(7)

It shall be unlawful to use a hotel suite unit as a permanent residence. It shall be unlawful to use a hotel suite for the purpose of obtaining an ad valorem tax homestead exemption.

(8)

If the hotel property building is intended to be owned as a condominium, the Prospectus and Declaration of Condominium, and all amendments, shall be filed with the City of Daytona Beach Shores prior to construction, prior to filing of the condominium documents with the State of Florida and prior to the sale of the condominium units, whichever shall occur first, and shall include the following:

(a)

No unit owner may alter the mechanical, plumbing, electrical, structural or other construction unless said alterations comply with all City Code and permitting requirements; have been inspected and approved by the city and said alterations have been approved in writing by the manager of the hotel and the condominium association prior to construction.

(b)

The hotel manager and the condominium association shall be jointly and severally responsible for the operation of the hotel services; for maintaining an occupational license issued by the City of Daytona Beach Shores and a license with the State of Florida for the operation of all hotel suites, hotel rooms or other hotel accommodations located within the hotel premises.

(c)

The utility services shall be identified with each provider of the service.

(d)

The owner(s) of any hotel unit or a common area shall be responsible for code violations within the property owned. The condominium association shall be authorized to accept legal notice and service of process on behalf of each hotel unit owner and common area owner for violations in the common area. The condominium association shall be authorized to assess and collect a reasonable charge for correcting the code violation within or affecting the common area.

(e)

The use of a hotel unit as a permanent residence for the purpose of obtaining ad valorem tax homestead exemption shall be prohibited.

(f)

The hotel manager shall have access to all hotel accommodations and may enter said accommodations upon reasonable notice or in the event of an emergency.

(g)

Cooking facilities, as defined in section 2-2 of the Land Development Code, shall be prohibited in hotel rooms having less than four hundred (400) square feet of floor area.

(h)

The use of grills, barbeques or any other object producing fire or flame is expressly forbidden within twenty-five (25) feet of any building. This prohibition shall include but not be limited to the use of the above-described objects for grilling purposes on balconies of motels, hotels, and multifamily buildings, condominiums or other accommodations.

(i)

The Prospectus and Declaration of Condominium shall strictly conform to the requirements of the Land Development Code and the code requirements shall be recited in the Prospectus and Declaration of Condominium.

(j)

A fee shall be charged for the review of the Prospectus and Declaration of Condominium and the amount shall be set forth and adopted by resolution of the City Commission.

Hotel Suite Parking Requirements:

One (1) space per hotel suite unit. Required parking for hotel accessory uses shall be as set forth in section 14-48.6., Minimum Required Off-Street Parking Spaces, of the Land Development Code.

(Ord. No. 96-05, § 2, 4-24-96; Ord. No. 98-07, § 2, 4-8-98; Ord. No. 98-22, § 3, 8-5-98; Ord. No. 99-20, §§ 2, 3, 11-10-99; Ord. No. 2001-03, § 1, 2-28-01; Ord. No. 2006-23, § 2, 9-27-06; Ord. No. 2006-28, § 2, 11-8-06; Ord. No. 2008-15, § 2, 9-23-08; Ord. No. 2017-12, § 3, 10-24-17)

Sec. 14-22. - GC-1 Tourist-Oriented Commercial District.

14-22.1. Purpose and Intent.

The purpose and intent of this district is to encourage the development of an intensive commercial facility, providing a wide range of tourist oriented goods and services located adjoining at least one (1) major collector or arterial road.

14-22.2. Permitted Principal Uses.

All uses permitted in GC-2 Commercial Retail/Service District and the following:

Amusements.

Bowling Alley.

Beach Concession Parking.

Body Art:

The proposed site shall be at least five thousand two hundred eighty (5,280) feet from any other such use.

The proposed site shall be at least one thousand five hundred (1,500) feet from the nearest house of worship, school, child care center or public park. The beach area adjacent to the Atlantic Ocean shall not be considered a public park for the spacing criteria.

Outdoor display of tattoos by persons or any other means as a form of advertising is prohibited.

Murals or other graphic illustrations shall not be permitted on the exterior walls of the buildings.

All body art shall be performed inside the principal structure and shall not be visible to the public.

The use of body art, tattoos and examples of tattoos shall be considered a prohibited form of signage.

Commercial parking facilities.

Newsstand.

Motion Picture Theater.

Souvenir Shop.

Spiritualists, mediums and palm readers.

Street Concessionaires.

Taverns.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-22.3. Restriction of Exterior Sales and Services.

Except for uses as permitted in section 14-60.2 and compliant with section 14-60.3.3 of this Code, all retail sales and services shall be within a completely enclosed structure which does not create any noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.

Items displayed outdoors shall not impede walking traffic and shall maintain a minimum five (5) foot sidewalk clearance.

Outdoor displays shall not impede vehicular traffic and shall not be placed in any parking area.

14-22.3.1. Permitted Temporary Use.

Promotional activities shall comply with section 14-60.2.

14-22.4. Special Exceptions.

Impounding area for the storage of operable vehicles in excess of twenty-four (24) hours when in connection with an operable automotive service station. Such a facility shall be totally screened with a minimum of a six-foot opaque fence or wall from all adjacent property and from the public right-of-way, subject to approval of all adjacent property owners.

Interior storage facilities carried on entirely indoors in a structure containing a minimum of twenty-thousand (20,000) square feet of gross floor area, provided the site conforms to the following minimum standards:

Section 14-48.6, Minimum Required Off-Street Parking Spaces.

Landscaping and buffering shall be provided in accordance with the requirements of section 14-46.5, Landscaping Design Standards.

Minimum "green area" shall be ten (10) percent of lot size.

Adult Arcade Amusement Centers. Adult arcade amusement centers, provided their [they are in] compliance with section 14-30, standards for adult arcade amusement centers.

14-22.5. Dimensional Requirements.

Minimum lot size: Seven thousand five hundred (7,500) square feet.

Minimum lot width: Sixty-five (65) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard: None, except when abutting any residential district in which case the side yard will be the same as the abutting district.

Maximum building height: Forty-five (45) feet.

Maximum lot coverage: Thirty-five (35) percent of total area. Accessory structures four hundred (400) square feet or less that are associated with an approved bona fide outdoor dining conditional use permit pursuant to section 14-58.2.1.A. of this Land Development Code shall be exempt from this standard.

Screening: Shall be a minimum of six-foot opaque fence or wall when abutting a residential district.

14-22.5.1. Utility Easements.

14-22.5.2. Onsite Underground Utilities.

All new onsite utilities shall be buried underground. Existing overhead service connections shall be relocated underground, if the electrical distribution system serving the site is underground or in the event of any alterations or repairs to the electrical service connection exceeding one thousand dollars ($1,000.00) in value.

14-22.6. Prohibited Uses.

Factory, industrial occupancy, hazardous occupancy, institutional occupancy and exterior storage occupancy.

14-22.7. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

(Ord. No. 98-27, § 2, 8-26-98; Ord. No. 99-09, § 1, 4-28-99; Ord. No. 99-13, § 1, 7-28-99; Ord. No. 2001-03, § 2, 2-28-01; Ord. No. 2001-11, §§ 1, 2, 6-27-01; Ord. No. 2003-39, § 1, 1-14-04; Ord. No. 2006-23, § 3, 9-27-06; Ord. No. 2006-28, § 3, 11-8-06; Ord. No. 2020-05, § 1, 4-28-20; Ord. No. 2021-14, § 2, 11-9-21)

Sec. 14-23. - GC-2 Retail/Service Commercial District.

14-23.1. Purpose and Intent.

This restrictive district is designed to provide small attractive commercial areas, keyed to general locations designated in the Comprehensive Plan, to meet the daily retail and service needs of the resident and tourist population. These commercial areas should be designed and constructed so as to cause the least possible nuisance to adjacent residential uses.

14-23.2. Permitted Principal Uses.

Professional, business offices or retail stores except stores whose principle use is the sale of souvenirs and gifts.

Service establishments such as barber or beauty shop, photographic studio, dance or music studio, self-service laundry, tailor, drapery or dressmaker, laundry or dry cleaning pick-up station and similar activities.

Newspaper office (but not printing).

Food stores and bakery.

Banks and savings and loan associations, small loan agencies.

Medical and dental clinics.

Private clubs and lodges.

Public/quasi public facilities.

Automotive service station.

10.

Restaurant.

11.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-23.3. Restriction of Exterior Sales and Services.

Items displayed outdoors shall not impede walking traffic and shall maintain a minimum five-foot sidewalk clearance.

Outdoor displays shall not impede vehicular traffic and shall not be placed in any parking area.

14-23.3.1. Permitted Temporary Use.

Promotional Activities shall comply with section 14-60.2.

14-23.4. Special Exceptions.

(1)

Impounding area for the storage of operable vehicles in excess of twenty-four (24) hours when in connection with an operable automotive service station. Such a facility shall be a totally screened with a minimum of a six-foot opaque fence or wall from all adjacent property and from the public right-of-way, subject to approval of all adjacent property owners.

(2)

Private and public automobile parking structures and parking lots.

(3)

Beach concession vehicle parking, providing a six-foot high screening from residential areas. Electrical connections shall be provided per NEC adopted code. Reduction of required parking for GC-2 use shall not be affected.

(4)

Taxi cabs and shuttle services.

(5)

Mixed use development as per section 14-25.

(6)

Section 14-48.6, Minimum Required Off-Street Parking Spaces.

Landscaping and buffering shall be provided in accordance with the requirements of section 14-46.5, Landscaping Design Standards.

Minimum "green area" shall be ten (10) percent of lot size.

14-23.5. Dimensional Requirements.

Minimum lot size: Seven thousand five hundred (7,500) square feet.

Minimum lot width: Sixty-five (65) feet.

Minimum yard size:

Front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard: None, except when abutting any residential district in which case the side yard will be the same as the abutting district.

Maximum building height: Forty-five (45) feet.

Maximum lot coverage: The total area covered with principal and accessory building shall not exceed thirty-five (35) percent of the total lot area. Accessory structures four hundred (400) square feet or less that are associated with an approved bona fide outdoor dining conditional use permit pursuant to section 14-58 2.1.A. of this Land Development Code shall be exempt from this standard.

Screening: Shall be a minimum of six-foot opaque fence or wall when abutting a residential district.

14-23.5.1. Utility Easements.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a fifteen-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement schedule (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the fifteen-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The fifteen-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of Occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property.

14-23.5.2. On-site Underground Utilities.

14-23.6. Prohibited Uses.

Factory industrial occupancy, hazardous occupancy, institutional occupancy and exterior storage occupancy.

14-23.7. Site Plan Requirement.

A site plan shall be submitted and approved as required by section 14-56.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 2001-03, § 3, 2-28-01; Ord. No. 2001-11, §§ 3, 4, 6-27-01; Ord. No. 2006-23, § 4, 9-27-06; Ord. No. 2006-28, § 4, 11-8-06; Ord. No. 2020-05, § 1, 4-28-20; Ord. No. 2021-14, § 2, 11-9-21)

Sec. 14-24. - PUD Planned Unit Development.[28]

14-24.1. Declaration of Need.

The City of Daytona Beach Shores needs to establish a method to provide for optional planned residential development on tracts of land suitable in size, location and character for the uses proposed to be planned and developed and to provide a greater dimension to the scope of planning to meet the needs of the city and discourage planning to meet solely the spatial requirements of the land.

14-24.2. Unified Ownership.

All land within the PUD shall be under the ownership of the applicant, be it an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. PUD applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUD.

14-24.3. Permitted and Prohibited Uses and Structures.

Permitted Uses:

Multiple-family dwelling units, town houses, garden apartments, cluster housing units, single-family dwelling units, timeshare units, and hotels.

Parks, playgrounds, swimming pools, clubhouses and other recreation facilities to serve residents of the project.

Semipublic clubs, community centers and civic and social organizational facilities.

Public utility facilities and structures.

Houses of worship, schools, outpatient medical clinics, nursing homes, child care centers.

Neighborhood commercial uses and theme parks which are determined at the time of preliminary approval that such use(s) is appropriate to the PUD development of Daytona Beach Shores.

Prohibited Use: Off-beach parking facilities and parks are prohibited on properties located east of South Atlantic Avenue (State Road A1A and County Road 4075). Off-beach parking and parks located on properties located east of South Atlantic Avenue prior to the effective date of this ordinance are grandfathered from this provision regardless as to whether the establishment of the use was improvident.

14-24.4. PUD Density.

The maximum density of a planned unit development shall be three (3) units per gross acre greater than the density permitted in the residential or other zoning district that applied over the property at the time the PUD zoning was approved or amended. If the PUD encompasses more than one (1) zoning district, the overall PUD density shall be computed from each zoning district separately and each district's dwelling units added together to arrive at the total number of living units in the PUD. If a commercial zoning district applied to a portion of the property at the time of rezoning to PUD, the maximum density calculated for that commercially zoned portion of the property shall be the same density calculated for the residentially zoned portion of the property, or the largest residential district of the property if more than one (1) residential zoning district applied to the property. Maximum density shall not conflict with the city's adopted Comprehensive Plan.

14-24.4.1. Oceanfront PUD Density Calculation.

The density for an oceanfront PUD shall be calculated from the mean high-water line to the right-of-way of S. Atlantic Avenue. In no case shall the density be calculated using any property located on the west side of S. Atlantic Avenue.

14-24.5. Commercial Activities.

Commercial activities permissible in a PUD shall be those designed and scaled to serve the needs and requirements of the PUD residents. PUD commercial use areas normally may not be located along exterior or perimeter streets but shall be located in an area accessible from local streets within the PUD. When commercial activities are approved as a part of a PUD, such commercial activities shall not commence operation until the total project has been approved.

14-24.6. Minimum Parcel Size.

A PUD shall have a minimum of fourteen (14) acres. A lesser minimum area may be approved if the City Commission determines that the intent and purpose of these PUD regulations and expressed municipal development policy can be served in the particular case before the Commission.

14-24.7. Minimum Street and Sidewalk Requirements.

All streets within the PUD shall be public unless private streets are approved by the City Commission. The City Commission shall not approve a private street if such street will be needed to serve the area adjoining the proposed PUD.

When streets are to be private, the developer shall establish a legal organization or entity to own and manage the streets and a method for the organization or entity to assess the property owners having beneficial use of the streets. The method of assessment shall provide the legal right for the managing organization or entity to impose liens against any properties for which payment of any assessment is not made. Collection of assessments and enforcement of the payment thereof shall be the responsibility of the organization or entity, and shall not be the responsibility of the city. Payment of the assessments imposed by the organization or entity by a property owner shall not relieve that property owner from any taxes, fees, charges or assessments imposed by the city.

Legal documents establishing common ownership and management of the streets in the PUD shall provide for clear notice to purchasers and prospective purchasers of properties in the PUD that the organization or entity shall have the authority to make assessments and impose liens as provided in this section. Furthermore, such documents shall provide for clear notice that the city shall never be obligated to accept maintenance responsibility for the private streets. Clear notice shall include a covenant contained within the deed of conveyance. The street and public utility services proposed within a subdivision of lots shall be built or guaranteed by a performance and payment bond or letter of credit in an amount equal to one hundred twenty-five (125) percent of the costs of constructing the street and the public utilities prior to approval of the subdivision plat by the City Commission.

Street rights-of-way within a PUD shall conform to the following minimum requirements:

Public (City-Maintained) Streets:

Minimum Right-of-Way Widths:

(1)

City-maintained collector streets: Sixty (60) feet.

(2)

City-maintained local streets: Fifty (50) feet.

Minimum Pavement Widths:

(1)

City-maintained collector streets: Twenty-two (22) feet.

(2)

City-maintained local streets: Twenty-two (22) feet.

Public Streets:

Minimum Right-of-Way Widths:

(1)

Private local streets: Thirty (30) feet.

(2)

Private Service access ways: Twenty (20) feet.

Minimum Pavement Widths:

(1)

Private local streets:

(a)

Two-way: Twenty (20) feet.

(b)

One-way: Ten (10) feet.

(2)

Private Service access ways: Sixteen (16) feet.

14-24.8. Sidewalk Requirement.

Sidewalks shall be installed within the road right-of-way on both sides of the road. Sidewalks shall have a minimum width of four (4) feet. Within a private road right-of-way, the City Commission may require sidewalks on only one (1) side of the road if the pedestrian access system provides complete access to the site, including the major points of ingress and egress, in the PUD. Sidewalks shall be designed to allow accessibility and use by the handicapped.

14-24.9. Minimum Lot Area and Yard Requirements.

No minimum lot size or yards shall be required within a PUD except that the front yard on dedicated public streets shall be twenty (20) feet for the first story of building height. For each additional story up to and including four (4) stories the front yard shall increase five (5) feet. For each additional story up to and including eight (8) stories the front yard shall increase four (4) feet. For each additional story over eight (8), the front yard shall increase three and one-half (3.5) feet. Porte cocheres or marquees may extend into the required front yard a maximum of twelve (12) feet but in no case shall the front setback be less than twenty (20) feet.

Peripheral yards abutting the PUD boundary on the ocean and river shall be fifty (50) feet. All other peripheral yards abutting the PUD boundary shall be two and one-half (2.5) feet for every one (1) story of building height plus ten (10) feet. For all structures exceeding twelve (12) stories, a minimum side yard setback of forty (40) feet is required. Variances from this requirement are prohibited.

The City Commission may require greater peripheral yards when it is determined that the proposed use may have adverse effects upon adjoining properties or prejudice development on adjoining properties.

Underground parking garages shall not be constructed within ten (10) feet of any side or fifteen (15) feet of any front lot line and shall maintain the fifty-foot ocean rear yard setback. Underground parking structures shall be waterproofed and constructed in a manner that does not impede the installation or maintenance of required landscaping and associated irrigation systems above the garage.

14-24.10. [14-24.9.5.] Building Height.

Building height for PUDs in the City of Daytona Beach Shores shall be limited to twenty-three (23) stories plus an additional two (2) stories for parking. An additional one (1) story for parking is permitted when a project provides the following: (1) A minimum of twenty (20) percent additional off-street parking in excess of the minimum required off-street parking; and (2) a minimum of ten (10) percent additional landscaping in excess of the minimum required landscaping. Building height variances are prohibited.

14-24.10. Schedule of Fees.

An itemized schedule of fees shall be specified in the current "Daytona Beach Shores Land Development Code Schedule of Fees" which is available at the office of the City Clerk, and the City Commission expressly reserves the right to amend the attached schedule by resolution duly adopted.

14-24.11. Off-Street Parking and Loading Space.

Off-street parking and loading space shall be provided as specified in section 14-48, Ordinance No. 77-5, as amended.

14-24.12. Landscaping Requirements.

Landscaping shall be provided as specified in section 14-46, Ordinance No. 77-5, as amended. In addition to section 14-46 and section 14-24.14, thirty (30) percent of the provided front yard and twenty-five (25) percent of the provided side yards should be landscaped. In circumstances where site and design restrictions prohibit achieving these yard landscaping percentage requirements, the City Commission may permit the transfer of the landscape shortage, in equivalent square footage, to other required landscaped yards. In cases where landscape transfers are permitted, the receiving yards shall not be on the oceanfront.

14-24.13. Sign Requirements.

All applications shall describe signs proposed and such signs shall be subject to approval of Building Official in accordance with the provisions of the city sign ordinance, Ordinance No. 79-1.

Cross reference— Signs and advertising, App. G, ch. 16.

14-24.14. Open Space and Common Facilities Requirements.

Sixty (60) percent of a project, other than a single family subdivision with lots over ten thousand (10,000) square feet in area, shall be open space. A minimum of thirty-five (35) percent of the open space shall be designated for use as common open space or common facilities. No area shall be accepted as common open space or common facilities unless it meets the following standards:

Common open space and common facilities shall be dedicated to and usable by all residents of the planned unit development.

Common open space and common facilities must be used for amenity or recreational purposes.

The location, shape, size and character of common open space and common facilities must be shown on the plan.

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

Common open space shall not include any structures other than recreational.

Appropriate arrangements acceptable to the Daytona Beach Shores City Commission shall be made to guarantee the continued maintenance of common open space through the establishment of trust funds and creation of a homeowners association.

Oceanfront PUDs shall have at least one (1) ten-foot dedicated easement for public access, running through the full depth of the property from S. Atlantic Avenue to the beach, for every one (1) high-rise building on-site. This easement shall be dedicated in perpetuity for public pedestrian access to the beach. In cases where more than one (1) public beach access easement is required on site, the following shall apply:

Required easements may be combined and located at the discretion of the Daytona Beach Shores City Commission to ensure optimum public benefit.

All required easements shall be recorded in the public record and provided to the City Clerk at the time of rezoning approval.

If a phase is not constructed the associated recorded easement for that phase may be reverted back to the developer or his assigns. This reversion shall be considered a material change.

Easements shall be fully sodded and maintained by the developer or his/her assigns until such time that the city constructs a physical walkway on said easement.

Easement areas shall not be used to satisfy the requirements of sections 14-24.12, 14-24.14, and 14-46.

No common facilities or open space requirements shall be imposed on a single-family lot subdivision with lots of ten thousand (10,000) square feet or more in area.

14-24.15. Underground Utilities and Site Design Standards for Oceanfront PUDs.

14-24.15.1. Underground Utilities:

All utilities on-site within a PUD including, but not limited to, telephone, television cables and electrical systems shall be installed underground. Appurtenances to these systems and primary facilities which require aboveground installation may be exempted.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a ten-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement program (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the ten-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The ten-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, pedestrian access, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run along the entire length of the property where overhead utilities within the public rights-of-way exist.

14-24.15.2. Site Design Standards for Oceanfront PUDs:

All construction materials shall be resistant to the effects of sun and salt water.

All service areas shall be screened from off-site public view by walls or landscaping.

14-24.16. Rezoning Application Procedures for PUD Approval.

Concept Plan. Prior to submitting an application for a PUD the developer shall submit a concept plan of the entire parcel to the planning commission. The concept plan shall be considered by the planning commission and the developer to be a means of familiarizing the developer with the requirements and recommendations of the various departments affecting the proposed project. The concept plan and supporting data sheets shall include a vicinity location map of the site; legal description; boundaries of tract; total acreage in tract; general proposed land use areas; the approximate height, location, character and density of dwelling units and other structures; the tentative street layout; approximate rights-of-way alignment and widths; sites for schools, parks and other public uses; existing structures, current zoning; source of water supply; method of sewage disposal; and other appropriate information to make a schematic presentation of the development plan. No development approval is given at the concept plan stage. The planning commission may invite review and comment upon the concept plan by affected departments within the city or other intergovernmental agencies affected by the proposed plan.

Preliminary Plan. After the developer has submitted a concept plan to the planning commission, the preliminary plan must be prepared and submitted to the planning commission along with a completed application obtained after concept plan review, and application fees are paid as determined during the concept plan review meeting. This submission shall constitute filing of the rezoning application. The preliminary plan shall consist of six (6) copies of a site plan and written development agreement consisting of information as outlined below.

Preliminary Site Plan Exhibits. The site development plan shall consist of the following information or supporting data thereto:

(1)

Name of project and name, address and telephone number of the developer and professional project engineers, architects, land planners.

(2)

Date plan was drawn, scale and north arrow.

(3)

Names and location of adjoining streets and names of abutting property owners.

(4)

Legal description of property, property boundaries and all existing streets, buildings, railroads, bulkhead lines, easements and other important features in or adjoining the property.

(5)

Wooded areas, wetland areas, one hundred-year floodplain area, marshes, watercourses, ponds and other similar conditions affecting the site.

(6)

Topography of the site at a one-foot contour interval based on mean sea level data.

(7)

General soil types and depth to hardpan or mottling.

(8)

Vegetation types.

(9)

Natural drainage patterns.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets, if applicable.

(11)

Tabulation of densities according to proposed dwelling type.

(12)

Proposed street right-of-way, pavement widths, access and traffic flow into, out of and within the development and particularly demonstrating how vehicular traffic will be separated from pedestrian and other types of traffic.

(13)

General feasibility plans for water, sewer and storm water drainage.

(14)

Major contour changes, dikes or any artificially created water body or natural water bodies or courses that will be altered.

(15)

Such other additional material, maps, studies or reports which the planning commission or the City Commission feels are necessary to determine that the PUD complies with applicable standards and guidelines of these regulations.

(16)

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider the site plan.

Written Development Agreement. In addition to a site development plan, a written agreement must be prepared following a general format supplied by the planning commission at the time [of concept plan review. The development agreement, along with the site] development plan, shall govern the development of the PUD and shall regulate the use of the land regardless of ownership[. The development agreement shall contain the] following information:

(1)

Statement and evidence of unified ownership and control.

(2)

Statement agreeing to:

(a)

Proceed with the proposed development according to all of the PUD regulations;

(b)

Provide agreements, contracts, deed restrictions and sureties acceptable to the City Legal Department for completion of the development or approved development phase for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at the public expense; and

(c)

Bind their successors in title to any commitments made under (a) and (b) preceding.

(d)

Dedication to the city of all collectors and local roads within a PUD shall occur within eighteen (18) months of the completion of the PUD.

(3)

Tabulation of percentages of land devoted to the several dwelling types, streets, recreational uses, parks, open space or other uses.

(4)

Tabulation of densities by proposed dwelling types.

(5)

Building heights.

(6)

Building spacing.

(7)

Building floor area and dimensions.

(8)

Yard areas and buffers.

(9)

General statement regarding the feasible disposition of sanitary waste and stormwater together with proposed arrangement for potable water.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets if applicable.

(11)

Where PUD is planned for development over a period of years, a schedule showing the proposed time within which final approval of each phase of the PUD is intended to be requested.

(12)

The substance of covenants, grants or easements, or other restrictions proposed to be imposed upon the use of lands, buildings and structures together with proposed easements or grants for public utilities.

(13)

Such other information which the planning commission and City Commission feel is [necessary to determine that the PUD complies with applicable] standards and guidelines of these PUD regulations.

(14)

Architectural Controls. Such controls shall provide for a common architectural theme to be applied to all development within the PUD.

(15)

Permitted uses, conditional uses and special exceptions.

Preliminary Plan Review.

Planning and Zoning Board. After the Planning and Zoning Board has determined that all of the required information has been prepared and is shown either on the site development plan or development agreement, the Planning and Zoning Board shall have sixty (60) days to review the plan according to established plan review procedures and to provide comments for City Commission review. If no plan review has been conducted within the sixty-day period, the plans will be forwarded to the City Commission without the benefit of the Planning and Zoning Board's comments or recommendations. Upon a showing of good cause by the applicant or upon its own motion, the Planning and Zoning Board may request that the City Commission grant a time extension for further review of the application. The request for extension shall state the reason or reasons for which extension is sought. The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board will review the preliminary plan.

City Commission Review. The preliminary plan shall be approved or disapproved by the City Commission within thirty (30) days after the City Commission reviews the preliminary plan and planning commission comments. Approval of the preliminary plan shall be indicated by the signature of the Mayor and attested by the City Clerk. If the preliminary plan is disapproved, the reasons for disapproval shall be specified in writing. The applicant may elect to change the preliminary plan in accord with the commission's conditions. The developer's agreement to such changes must be in writing to the commission and appropriate amendments must be made to the preliminary site development plan and development agreement within ninety (90) days after the commission meeting and before submitting a final plan.

Final Plan. In a PUD development no development of any kind shall take place, including cleaning, filling, excavations, dredging, tree-cutting or clearing for road right-of-way and no building permit shall be issued until the City Commission has given final approval to the final plan. The final plan shall consist of a minimum of six (6) copies of the final site development plan for the entire project or a phase thereof and a minimum of six (6) copies of the final written development agreement consisting of information as listed below. The final plan shall include:

Final Site Development Plan Exhibit.

(1)

Such drawings, specifications, covenants, easements, conditions and form of performance bonds as were specified in the written resolution.

(2)

All necessary state and federal permits.

(3)

Engineering plans and drawings for water, sanitary sewers and storm sewer system showing size, cross-section and profiles as required by the public works department. Detailed site plan showing building locations, landscaping, parking areas, vehicular parking spaces, access drives and other site information as required by the planning commission or other reviewing agency.

(4)

The approval of the concept plan shall be subject to the applicant's guaranteeing the installation of all improvements by filing a performance bond, duly executed by an approved corporate surety company (or secured by a mortgage on the real estate acceptable to the city) or by the applicant's creation of an irrevocable escrow by certified or cashier's check or cash, in a form acceptable to the city, in an amount equal to one hundred (100) percent of the construction cost, including the land fill as estimated by the Building Official and Consulting Engineer, if any. All Consulting Engineer fees shall be paid solely by the applicant before final approval of the final plan.

One hundred (100) percent of the performance bond of the alternate guarantee approved by the city shall remain in effect until completion of all improvements and their acceptance by the city of the entire project as set forth in the adopted final plan.

A maintenance warranty bond, executed by an approved corporate surety company or secured by certified or cashier's check or cash in irrevocable escrow, in the amount of ten (10) percent of the construction cost of all improvements, as determined by the Building Official and Consulting Engineer, if any, shall accompany the final plan for final review by the planning commission. Such bond shall be for a period of one (1) year commencing upon the issuance of the certificate of completion by the city and shall cover all improvements installed by the applicant. All Consulting Engineer fees, if any, shall be paid by the applicant for final review of the final plan.

(5)

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and/or the City Commission will consider the final site plan.

Written Development Agreement. The written development agreement shall begin its final form and shall contain all revisions as part of the preliminary plan review and copies of necessary state and federal permits.

Final Plan Review.

City Department Review. A minimum of six (6) copies of final plans shall be submitted to the planning commission along with any applicable fees. The planning commission shall distribute plans for departmental review and approval. Each department shall review the plans within thirty (30) days after it was submitted to the planning commission. If no comments are received within thirty (30) days from a department, the plan will be forwarded to the City Commission.

City Commission Review. The City Commission shall review and take action on the final plan within thirty (30) days after it is scheduled on the commission agenda. If the final plan is consistent with the approved preliminary plan and meets all requirements of this section, the City Commission shall approve the final plan. Approval shall be indicated on each copy by signature of the chairman of the City Commission and attested by the City Clerk. If disapproved, the reasons for disapproval shall be stated in writing. Upon approval of the final plan by the City Commission, the zoning for the subject property shall be designated as PUD. If the applicant or his assigns do not begin construction of improvements in accordance with the plan as approved, within one (1) calendar year following the date of approval of the final plan, the area previously designated PUD shall revert to its former zoning classification automatically and without any formal action by the City Commission.

Plan and Written Development Agreement Amendments. If, after approval, execution and recording of the written development agreement and final plan by the City Commission, the developer wishes to have the written development agreement and/or final plan or any portion thereof amended in any material respect inconsistent with the substantial compliance criteria found in section 2-2 of this Code, the same procedures as provided in section 14-24.16, 2—5 shall be followed except in the following respects:

The preliminary plan and the final plan exhibits shall be limited to those that are necessary to indicate all proposed amendments to the approved final plan, and those exhibits that would be affected by the proposed amendments to the approved final plan.

The written development agreement shall be limited to proposed amendments to the approved written development agreement indicating all revisions required to the approved written development agreement.

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider amendments to the final plan.

Any proposed material change to the final plan or written development agreement that is substantially compliant with this Code shall require administrative approval from the City Manager or his designee.

Expiration of Written Development Agreement. Any written development agreement executed and recorded after the adoption of this Development Code shall be required to include an expiration date or series of expiration dates tied to specific improvements or phases. Such date(s) shall be determined based upon the size of the project, the installation of physical improvements, and any other factors pertinent to the specific proposal. If the city should determine that the developer has failed to satisfy the requirements necessary to avert expiration, the development agreement shall be considered null and void, and approval of any additional final development plans for the PUD shall not be permitted without resubmission and approval of a new development agreement in accordance with the procedures established in this Development Code.

14-24.17. Building Permits and Enforcement.

A plan or phase thereof which has been given final approval by the City Commission shall constitute the basis for issuance of building permits. No building permit of any type or kind shall be issued except in conformity with such final plan or approved phase thereof and any other applicable city and state regulations. It should be the responsibility of the enforcement official to determine during the process of inspection of construction that all requirements as set out in the final approved plan or plan thereof are strictly followed.

In the event that the enforcement official shall determine that the approved final plan, or phase thereof, is not being followed, the developer shall promptly be notified of any discrepancies.

In the event the developer and the enforcement official cannot reach agreement as to the nature of the discrepancies and the disposition to be made thereof, it shall be the duty of the City Commission to hear the developer and the enforcement official on such matters and to reach a conclusion as to whether or not the developer is or is not following the approved final plan or phase thereof. If the commission determines that the final plan is not being followed and the developer is not in agreement with the commission's conclusions, the commission may:

Take such action as it may deem necessary to revise the approved final plan or phases thereof, or

Direct the City Attorney to take such legal action as may be necessary to compel the developer to follow the approved final plan or phase thereof.

14-24.18. Penalties.

Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates or causes to be violated any provision of this section or permits such violation or fails to comply with any of the requirements, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the City Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 95-11, § 1, 7-12-95; Ord. No. 96-19, § 2, 11-20-96; Ord. No. 98-07, § 2, 4-8-98; Ord. No. 98-16, § 3, 5-27-98; Ord. No. 99-30, § 15, 1-26-00; Ord. No. 2007-10, § 1, 9-12-07; Ord. No. 2017-12, § 3, 10-24-17)

Footnotes:

--- (28) ---

Editor's note— Prior to the adoption of Ord. No. 90-29, which enacted the Land Development Code as set out in this Appendix G, Planned Unit Development regulations were contained in App. A, §§ 713.01—713.16, and derived from Ord. No. 80-4, adopted April 22, 1980.

Sec. 14-24.1. - PUD-R Planned Unit Development-Riverside District.

14-24.1.1. Declaration of Need.

The City of Daytona Beach Shores needs to establish a method to provide for optional planned residential development located directly adjacent to the Halifax River, on tracts of land suitable in size, location and character for the uses proposed to be planned and developed and to provide a greater dimension to the scope of planning to meet the needs of the City and discourage planning to meet solely the spatial requirements of the land. PUD-R properties shall only be located and designated on properties with an underlying future land use of Residential Low Density-Riverside as described and identified in the City's Adopted Comprehensive Plan and Future Land Use Map, respectively.

14-24.1.2. Unified Ownership.

All land within the PUD shall be under the ownership of the applicant, be it an individual, partnership or corporation, or groups of individuals, partnerships, or corporations and/or public governmental entities. PUD applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUD.

14-24.1.3. Permitted Use and Structures.

Multiple-family dwelling units, town houses, garden apartments, cluster housing units and single-family dwelling units.

Parks, playgrounds, swimming pools, club houses and other recreation facilities to serve residents of the project.

Semipublic clubs, community centers and civic and social organizational facilities.

Public utility facilities and structures.

All uses permitted in the RMF-2 and RMF-3 zoning districts.

Theme parks which are determined at the time of preliminary approval that such use(s) is appropriate to the PUD development of Daytona Beach Shores.

14-24.1.4. Commercial Activities.

Commercial activities permissible in the PUD shall be those designed and scaled to serve the needs and requirements of the PUD residents. PUD-R commercial use areas normally may not be located along exterior or perimeter streets but shall be located in an area accessible from local streets within the PUD. When commercial activities are approved as a part of a PUD, such commercial activities shall not commence operation until the total project has been approved.

14-24.1.5. PUD Density.

The density of the PUD shall be between twelve and one-tenth (12.1) and fifteen (15) units per gross acre.

14-24.1.5.1. PUD Density and the Comprehensive Plan.

The maximum density of the PUD shall not exceed the maximum density permitted in the City's Comprehensive Plan.

14-24.1.6. Minimum Parcel Size.

The PUD shall have a minimum of three (3) acres.

14-24.1.7. Building Height.

Building height shall not exceed thirty-five (35) feet from the finished grade at the front of building(s).

14-24.1.8. Minimum Street and Sidewalk Requirements.

Legal documents establishing common ownership and management of the streets in the PUD shall provide for clear notice to purchasers and prospective purchasers of properties in the PUD that the organization or entity shall have the authority to make assessments and impose liens as provided in this section. Furthermore, such documents shall provide for clear notice that the city shall never be obligated to accept maintenance responsibility for the private streets. Clear notice shall include a covenant contained within the deed of conveyance. The street and public utility services proposed within a subdivision of lots shall be built or guaranteed by a performance and payment bond or letter of credit in an amount equal to one hundred and twenty-five (125) percent of the costs of constructing the street and the public utilities prior to approval of the subdivision plat by the City Commission.

Street rights-of-way within a PUD shall conform to the following minimum requirements:

Public (City-Maintained) Streets:

Minimum Right-of-Way Widths:

(1)

City-maintained collector streets: Sixty (60) feet.

(2)

City-maintained local streets: Thirty (30) feet.

Minimum Pavement Widths:

(1)

City-maintained collector streets: Twenty-two (22) feet.

(2)

City-maintained local streets: Twenty-two (22) feet.

Public Streets:

Minimum Right-of-Way Widths:

(1)

Private local streets: Thirty (30) feet.

(2)

Private service access ways: Twenty (20) feet.

Minimum Pavement Widths:

(1)

Private local streets:

(a)

Two-way: Twenty (20) feet.

(b)

One-way: Ten (10) feet.

(2)

Private service access ways: Sixteen (16) feet.

14-24.1.9. Sidewalk Requirement.

Sidewalks shall be installed within the road right-of-way on both sides of the road. Sidewalks within a public road right-of-way shall have a minimum width of four (4) feet. Within a private road right-of-way, the City Commission may approve sidewalks with a width of three and one-half (3½) feet. All sidewalks shall be designed to provide internal and external connectivity, accessibility and use by the disabled in accordance with controlling law to include, but not be limited to, the Americans with Disabilities Act.

14-24.1.10. Minimum Lot Area and Yard Requirements.

No minimum lot size shall be required within the PUD. A minimum side yard setback of fifteen (15) feet for any building up to and including three (3) stories in height is required. An additional ten (10) feet of side yard setback shall be required for every additional story over three.

Peripheral yards, abutting the PUD boundary that are not side yards, shall be ten (10) feet for every one (1) story of building height up to and including three (3) stories. For each additional story over three, the front yards and peripheral yards shall be increased five (5) feet.

14-24.1.11. Schedule of Fees.

An itemized schedule of fees shall be specified in the "Daytona Beach Shores Land Development Code Schedule of Fees" which is available at the office of the City Clerk, and which may be amended from time to time.

14-24.1.12. Off-Street Parking and Loading Space.

Off-street parking and loading space shall be provided as specified in this Land Development Code.

14-24.1.13. Landscaping Requirements.

Landscaping shall be provided as specified in this Land Development Code. The City Commission may require greater landscaping buffer and requirements when it is determined that the proposed use may have adverse effects upon adjoining properties or prejudice development on adjoining properties.

14-24.1.14. Sign Requirements.

Signs shall be of a low profile nature and shall not exceed eight (8) feet in height. Signs shall also match the architectural style of the overall development and structures within the PUD. All applications shall describe all signs proposed and all of such signs shall be subject to approval of the Building Official in accordance with the provisions of controlling law.

14-24.1.15. Open Space and Common Facilities Requirements.

Forty (40) percent of a project, other than a single-family subdivision with lots over ten thousand (10,000) square feet in area, shall be open space. Notwithstanding section 2-2 of this Land Development Code, open space may also include parking areas and driveways serving recreational areas. A minimum of thirty-five (35) percent of the open space shall be designated for use as common open space or common facilities. No area shall be accepted as common open space or common facilities unless it meets the following standards:

Common open space and common facilities shall be dedicated to and usable by all residents of the PUD.

Common open space and common facilities must be used for amenity or recreational purposes.

The location, shape, size and character of common open space and common facilities must be shown on the plan.

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

Common open space shall not include any structures other than recreational.

Appropriate legal arrangements acceptable to the City Commission shall be made to guarantee the continued maintenance of common open space through the establishment of trust funds and creation of a homeowners' association.

No common facilities or open space requirements shall be imposed on a single-family lot subdivision with lots of ten thousand (10,000) square feet or more in area.

14-24.1.16. Underground Utilities.

All utilities within a PUD including telephone, television cables and electrical systems shall be installed underground. Appurtenances to these systems and primary facilities which require aboveground installation may be exempted.

14-24.1.17. Rezoning Application Procedures for PUD Approval.

Compliance with Regulations in Effect at the Time of Development. Unless otherwise specifically described within the master development agreement, final development plans and development permits for uses/structures within the PUD shall comply with the controlling land development regulations and fee resolutions in effect at the time of plan approval or permit application. This provision shall be included in all master development agreements.

Preapplication Conference. The developer or developer's representative shall, prior to submitting a rezoning application, meet with the appropriate city personnel to discuss basic rezoning and site plan requirements and to consider features of the site and the proposed development. Discussions shall include the application, rezoning and development review process. No person may rely upon any comment made in good faith concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will ultimately be approved or rejected in any form. No vested rights shall accrue prior to rezoning and/or site development plan approval by the City Commission.

Application for Conceptual Development Plan and Master Development Agreement Approval. Application for conceptual plan and master development agreement approval shall constitute the rezoning application consistent with the rezoning requirements of sections 14-66 and 14-67 of this Code. Applications shall be made to the city utilizing the form provided by the city and accompanied by the appropriate review fee. Initial application shall be accompanied by copies of the conceptual plan, signed and sealed by a registered engineer, architect, or landscape architect, as required by this Code, and copies of the master development agreement, such number of copies being determined by the city based upon its needs. Conceptual plans shall be prepared according to the standards of this Code and the controlling requirements of law. No development approval is given at the concept plan stage. The city may invite review and comment upon the concept plan by affected departments within the city or other intergovernmental agencies affected by the proposed plan.

Review of Application Materials. Within five (5) working days of the receipt of an application, the city shall determine whether the submittal is complete. Incomplete submittals shall be returned to the applicant with the deficiencies noted in writing.

Initiation of Review. When an application is determined to be complete, it shall be reviewed within twenty (20) working days.

Conceptual Development Plan and Required Exhibits. Upon application for rezoning to the PUD-R District, the applicant shall provide a conceptual development plan, which shall be an exhibit of the master development agreement. The conceptual development plan shall consist of the following information or supporting data thereto:

(1)

Name of project and name, address and telephone number of the developer and professional project engineers, architects, land planners.

(2)

Date plan was drawn, scale and north arrow and vicinity location map of the site.

(3)

Names and location of adjoining streets and names of abutting property owners.

(4)

Legal description of property, property boundaries and all existing streets, buildings, railroads, bulkhead lines, easements and other important features in or adjoining the property.

(5)

Total acreage of tract; general proposed land use areas; the approximate height, location, character and density of dwelling units and other structures; the tentative street layout; approximate rights-of-way alignment and widths; sites for schools, parks and other public uses; existing structures, current zoning.

(6)

Wooded areas, wetland areas, one hundred-year floodplain area, marshes, watercourses, ponds and other similar conditions affecting the site.

(7)

Topography of the site at a one-foot contour interval based on mean sea level data.

(8)

General soil types and depth to hardpan or mottling.

(9)

Vegetation types.

(10)

Natural drainage patterns.

(11)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets, if applicable.

(12)

Tabulation of densities according to proposed dwelling type.

(13)

(14)

General feasibility plans for the supply of water and its source, disposal and treatment of sewer and management of stormwater.

(15)

Major contour changes, dikes or any artificially created water body or natural water bodies or courses that will be altered.

(16)

Such other additional material, maps, studies or reports which the city staff, the Planning and Zoning Board or the City Commission feels are necessary to determine that the PUD complies with applicable standards and guidelines of these regulations.

(17)

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider the site plan. Proof of such notice shall be provided prior to the commencement of a hearing.

Written Development Agreement. In addition to a conceptual development plan, a written development agreement must be prepared following a general format supplied by the city at the time of concept plan review. The development agreement, along with the conceptual development plan, shall govern the development of the PUD and shall regulate the use of the land regardless of ownership. This development agreement is a home rule development agreement and not a statutory development agreement. The master development agreement shall contain the following information:

(1)

Statement and evidence of unified ownership and control.

(2)

Statements agreeing to:

(a)

Proceed with the proposed development according to all of the PUD regulations;

(b)

Provide agreements, contracts, deed restrictions and sureties acceptable to the City Attorney for completion of the development or approved development phase for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at the public expense; and

(c)

Bind their successors in title to any and all commitments.

(d)

Dedication to the city of all collectors and local roads by instrument(s) of conveyance acceptable to the City Attorney.

(3)

Tabulation of percentages of land devoted to the several dwelling types, streets, recreational uses, parks, open space or other uses.

(4)

Tabulation of densities by proposed dwelling types.

(5)

Building heights.

(6)

Building spacing.

(7)

Building floor area and dimensions.

(8)

Yard areas and buffers.

(9)

General statement regarding the feasible disposition of sanitary waste and stormwater together with proposed arrangement for potable water.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets if applicable.

(11)

Where PUD is planned for development over a period of years, a schedule showing the proposed time and phases within which final approval of each phase of the PUD is intended to be requested.

(12)

(13)

Architectural controls. Such controls shall provide for a common architectural theme to be applied to all development within the PUD.

(14)

Such other information which the Planning and Zoning Board or City Commission determined are necessary to determine that the PUD complies with applicable standards and guidelines of these PUD regulations.

Application Review Process.

Staff review. All applications shall be reviewed by such members of city staff as determined by the City Manager. Formal staff comments shall be transmitted in writing to the applicant no later than twenty-five (25) working days after the application has been determined as complete.

All time requirements relating to the PUD review and approval processes may be extended by the City Manager based upon good cause being shown in which case such action on an extension shall be in writing and distributed to the applicant.

14-24.1.18. Approval of Application for Rezoning.

Planning and Zoning Board Action. The Planning and Zoning Board shall consider the conceptual plan and master development agreement, no later than sixty (60) working days after the application has been determined complete, at a regularly scheduled meeting to determine if the application meets the requirements of this Code. Upon consideration of the staff and public comments, the Board shall take any of the following actions:

Recommend that the application be denied.

Recommend that the application be approved.

Recommend that the application be approved with conditions.

City Commission Approval. The City Commission shall consider the conceptual plan and master development agreement at a regularly scheduled meeting, no later than thirty (30) working days after the Planning and Zoning Board has heard the rezoning application, and determines if the application meets the requirements of this Code. Upon consideration of the comments of city staff and public, and the recommendation of the Planning and Zoning Board, the City Commission shall take any of the following actions:

Table the consideration of the application to allow for the resolution of outstanding issues.

Deny the application.

Remand the application back to the Planning and Zoning Board.

Approve the application.

Approve the application with conditions.

Execution of Master Development Agreement. The second reading of the ordinance for rezoning of any land to the PUD district shall not take place until the developer has provided an executed copy of the master development agreement to the City Clerk. The document shall be a fully corrected copy which addresses all issues discussed prior to the scheduled second reading and is fully executed by the applicant in a form approved by the City Attorney. The document shall also include reduced copies of the revised conceptual plan exhibits. If there are no additional requirements, corrections or conditions attached by the City Commission at the second reading, the executed document shall be signed by the City Attorney, City Clerk and Mayor and forwarded to the Clerk of Circuit Court for recording in the Official Records of the County (Land Records). If there are additional requirements, corrections or conditions attached by the City Commission at the second reading, the applicant shall revise the agreement and conceptual plan and return the documents to the City Clerk within thirty (30) days for execution and recording. The requirement to return the document within thirty (30) days shall be deemed specified by the City Commission as a condition for approval of the rezoning and the failure to resubmit in a timely manner shall cause the approval action to lapse and be of no effect.

Failure to Provide Timely Resubmission. Failure to meet any of the resubmission deadlines cited above shall require the filing of a new application, including the appropriate review fees.

Extension of Resubmittal Deadlines. The City Manager, or designee, may extend the deadlines cited above, when warranted by unforeseeable events. A request for extension shall be filed in writing with the city explaining the circumstances justifying the extension.

Final Site Development Plan Approval. Unless otherwise noted within the development agreement, final site development plan approval for subdivisions or site plans within the PUD shall be required in accordance with the general procedures established by this Code.

Expiration of Master Development Agreement. Any master development agreement executed and recorded after the adoption of this development code shall be required to include an expiration date or series of expiration dates tied to specific improvements or phases. Such date(s) shall be determined based upon the size of the project, the installation of physical improvements, and any other factors pertinent to the specific proposal. If the city should determine that the developer has failed to satisfy the requirements necessary to avert expiration, the development agreement shall be considered null and void, and approval of any additional final development plans for the PUD shall not be permitted without resubmission and approval of a new development agreement in accordance with the procedures established in this Code.

Amendments to the Master Development Agreement and/or Conceptual Development Plan. Subsequent to execution and recording, the master development agreement and/or conceptual development plan may be amended at any time upon mutual agreement of both the city and the appropriate amending party, unless otherwise provided in the agreement. Application for amendment of the master development agreement and/or conceptual development plan shall be made to the department utilizing the form provided by the department for that purpose and accompanied by the appropriate review fee. Initial application shall be accompanied by a number of copies of the proposed amendment as may be required by the city. Upon receipt of the application by the city, the amendment shall be placed on the agenda of the planning and Zoning Board. Subsequent to action by the planning and Zoning Board, final review and approval shall be required by the City Commission.

Violation of Master Development Agreement or Amendment. It is a violation of this Code for any person to violate or to refuse or fail to comply with any provision of a development agreement or an amendment to such agreement. The city may take any and all actions that it may deem appropriate under controlling law to enforce the provisions of any development agreement or this Code.

(Ord. No. 2011-1, § 1(14-34), 3-8-11)

Sec. 14-25. - MXD Mixed use.

14-25.1. Purpose and Intent.

It is the intent of the City of Daytona Beach Shores to establish a zoning classification permitting developments which contain a mixture of residential, commercial, office, and cultural uses in a single structure or multiple structures. It is the purpose of these regulations to encourage a diversification of uses in unified projects and, through the interrelationship of uses and structures, to promote innovative and energy-conscious design, efficient and effective circulation systems, a variety of housing types, and to encourage the conservation of land resources, minimization of automobile travel, and the location of employment and retail centers in proximity to higher density housing.

14-25.2. Permitted Principal Uses.

Multifamily residential development.

Hotel or motel.

Offices.

Night club, cabaret, cocktail lounge, outdoor cafe, restaurant or theater.

Solarium, sauna, exercise studio or health club.

Antiques, book store, art/craft gallery or artist's studio.

Sundry shops, which shall be limited to the sale of tobacco and tobacco products, magazines, newspapers, confectionery items, suntan oils, patent medicines, milk, bread, tea, coffee, eggs, and similar items. The total aggregate floor area shall not exceed twenty (20) square feet per dwelling unit.

Alcohol beverage sales.

Banks.

10.

Boutiques, haberdasheries and clothing.

11.

Barber shops and hair dressing salons.

12.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.

14-25.3. Prohibited Uses.

No use shall be permitted within a mixed use development that is not included within section 14-25.2 of these regulations.

14-25.4. Site Development Criteria.

The minimum lot size for a mixed use development shall be one (1) acre.

The mixed use development district is classified as a floating zone that may be applied to existing zoning districts designated as RMF-2 (Multi-Family Residential Districts) and GC (General Commercial Districts). A floating zone may be designated by the City Commission in any of these zoning districts where a proposed site meets the other requirements set forth in these regulations.

Residential densities shall not exceed a maximum of thirty-five (35) units per acre.

Retail commercial space shall not exceed twenty (20) percent of the total floor area of the project.

Development may occur in stages for multiple structures; however, the first stage of development shall contain at least twenty (20) percent of the total retail commercial and office or hotel/motel area proposed for the total development.

Minimum setbacks:

Front yard: Thirty (30) feet.

Rear yard: Fifty (50) feet.

Side yard: Thirty (30) feet, where any side yard abuts a street.

For all interior lots the side yard setback requirements shall be calculated as follows:

A minimum of fifteen (15) feet for any building up to and including forty (40) feet in height.

An additional one (1) foot for each three feet of height for any building from forty (40) feet to sixty-five (65) feet.

In no case shall any building or structure exceed sixty-five (65) feet in height.

Where more than one (1) building or structure is proposed to be constructed on a lot, there shall be a minimum of twenty-five (25) feet between all buildings and structures exceeding thirty (30) feet in height.

Maximum building coverage: The total area covered by all buildings shall not exceed forty (40) percent of the lot area.

At least fifteen (15) percent of the total site plan for any mixed use development shall be maintained as landscaped open space, as defined in these regulations.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a fifteen-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement schedule (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the fifteen-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The fifteen-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of Occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property.

10.

14-25.5. Off-Street Parking and Loading Requirements.

The minimum off-street parking and loading requirements for any use or building in a mixed use development shall not be less than the standards set forth in these regulations. However, the Planning and Zoning Board may recommend, and the City Commission may approve, a total reduction of not more than twenty-five (25) percent of the required off-street parking and loading spaces where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. Such study shall be prepared by either a City Planner certified by the American Planning Association, a licensed architect or landscape architect, or a registered professional engineer.

14-25.6. Procedure to Establish a Mixed Use Development District (MXD).

To establish an MXD District through a change of zoning, the procedure shall be as follows:

Application. The owner, or owner of record, or owners under contract of a lot or tract of land, or their authorized representatives shall petition the City Commission on forms prescribed for this purpose by the Planning and Zoning Board. These forms shall be submitted to the building department accompanied by a non-refundable application fee as specified in the current "Daytona Beach Shores Land Development Code Schedule of Fees," which is available at the office of the City Clerk.

Legal description of the property.

Preliminary Development Plan, including but not necessarily limited to the following:

(1)

Proposed uses, including the general location, type and number of dwelling units and hotel/motel units (if proposed); general location, type and square footage of all other proposed uses; general location and size of off-street parking and loading areas and approximate location of landscaped open space.

(2)

Two (2) section profiles through the site indicating preliminary building form, existing natural grade and proposed final grade. Section profiles, together with adjacent building profiles indicating the relationship to abutting properties shall be submitted.

(3)

Maximum building heights and minimum setbacks for parking structures.

(4)

Proposed ingress and egress to the site, including adjacent streets, and approximate alignments of any internal roadways.

A written statement noting in what manner the proposed development is consistent with the Comprehensive Plan of Daytona Beach Shores, and its goals and objectives.

Public Hearing. A public hearing shall be held by the Planning and Zoning Board in accordance with the provisions of these regulations for their amendment. The public hearing shall be set within sixty (60) days of acceptance of the petition, fee, and related plan documents by the City Commission. The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and City Commission will consider the proposed development.

Planning and Zoning Board Recommendation. No action shall be taken by the City Commission with respect to the petition until it has received the recommendation of the Planning and Zoning Board. Said recommendation shall address general planning considerations and compatibility with adjacent development. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the MXD District. Such conditions shall include, but not necessarily [be] limited to the following:

Permitted uses, including maximum floor area, and

Height limitations,

Minimum yard requirements,

Off-street parking and loading requirements,

Sign regulations,

Minimum requirements for site development plans,

Phasing requirements for each use type included in the development, and

Time limitations for commencement of construction.

Site Development Plans.

After passage by the City Commission of an ordinance authorizing the establishment of a MXD District, site development plans shall be submitted in accordance with the provisions set forth in sections 4-3 and 14-56 of the zoning regulations. No building permits or authorization for improvement or development for any use authorized under provisions of this ordinance shall be issued prior to approval of such plans.

Plans shall be submitted to the Planning and Zoning Board for review and approval. Said plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the MXD District, and further, shall comply with the provisions of the Daytona Beach Shores Zoning Ordinance.

In the case of single-lot, multiple building developments, or multiple-lot, or multiple-phased developments, site development phasing plans shall be submitted to the building department for review and approval for the individual building, lot, phase or plat representing a portion of the site development concept plan. The approved phasing plans shall be kept on file by the building department.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 98-16, §§ 4, 5, 5-27-98; Ord. No. 99-30, § 16, 1-26-00; Ord. No. 2004-10, § 1, 6-23-04; Ord. No. 2006-23, § 5, 9-27-06; Ord. No. 2006-28, § 5, 11-8-06)

Sec. 14-26. - P Public/Quasi Public.

14-26.1. Purpose and Intent.

The purpose and intent of the Public/Quasi Public District is to best satisfy the internal, recreational and governmental service needs of the entire community. This district has been developed for implementing the city's land use plan within, but not necessarily limited to, those areas shown for Public/Quasi Public.

14-26.2. Permitted Principal Uses and Structures.

Principal uses permitted in the P Public/Quasi Public District include parks, churches and government offices, telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq., etc.

14-26.2.1 Permitted Accessory Uses.

In the P Public/Quasi Public District counseling services shall be permitted as an accessory use to a church. All other permitted accessory uses shall be consistent with the definition of accessory uses pursuant to section 2-2 of this Code.

14-26.3. Prohibited Use.

Off-beach parking facilities and parks are prohibited on properties located east of South Atlantic Avenue (State Road A1A and County Road 4075) unless approved under the terms of a statutory development agreement as authorized by Chapter 15, Appendix "G", Land Development Code, of the City's Code of Ordinances. Off-beach parking and parks located on properties located east of South Atlantic Avenue prior to the effective date of this ordinance are grandfathered from this subsection regardless as to whether the establishment of the use was improvident.

14-26.4. Exemptions and Special Development Requirement.

Notwithstanding subsection 14-26.3 (A) of this Code, the City Commission may permit off-beach parking facilities and parks west of South Atlantic Avenue (State Road A1A and County Road 4075) by means of the issuance of a special exception (conditional use) upon making findings of each of the following and any other requirement set forth in this Code relating to special exceptions and conditional uses:

The total parking, driving and vehicular use areas do not exceed sixty (60) percent of the overall area of the property.

There is a clear demonstration of need for the parking facility or park based upon sound and generally accepted scientific and land use planning practices and principles. The burden of proof shall be on the property owner to meet this requirement.

Off-beach parking facilities shall be located within five hundred (500) feet of a public pedestrian beach access or vehicular ramp.

(Ord. No. 98-07, § 2, 4-8-98; Ord. No. 2017-04, § 1, 8-22-17; Ord. No. 2017-12, § 6, 10-24-17; Ord. No. 2021-07, § 1, 7-27-21)

Sec. 14-27. - Time-sharing plans.

All time-sharing plans shall conform to the provisions of section 14-48.6, Minimum Required Off-Street Parking Spaces, section 14-48.2, Location, and section 14-21, T Hotel/Motel District, with the following exceptions: Maximum lot coverage by building shall be twenty-five (25) percent of total land area and minimum "green" area shall be twenty (20) percent of lot size, measured to seawall or coastal construction control line established in August, 1973.

Sec. 14-28. - Sidewalks.

Each development or structure to be constructed south of Dunlawton Avenue, within the city limits of the City of Daytona Beach Shores, abutting the east or west side of South Atlantic Avenue shall place a sidewalk on portions of that private property abutting the existing right-of-way of Atlantic Avenue for the length of the property being developed.

Sec. 14-29. - Nonconforming lots.

14-29.1. Purpose.

The purpose and intent of a classification for "small lots" is the recognition that certain small lots by virtue of their dimensions are nonconforming in the Tourist Districts and RMF-1 Multifamily Residential Districts east of Atlantic Avenue.

14-29.2. Definition of Small Lot.

Any lot in the T Hotel/Motel District or RMF-1 Multifamily Residential District whose mean average of (1) the north/south line as measured on South Atlantic Avenue and (2) the north/south line as measured from the bulkhead line, is one hundred twenty (120) feet or less.

14-29.3. Permitted Principal Uses.

Depending on the existing zoning of these lots, any uses permitted in T Hotel/Motel District or RMF-1 Multifamily Residential District.

14-29.4. Dimensional Requirements.

Existing sideyard requirements of interior lots shall be five (5) feet for the first twenty (20) feet of height.

No balcony, walkway or other structure can protrude into the five (5) feet sideyard.

Sideyard setbacks for lots abutting any street shall be a minimum of ten (10) feet.

The minimum green area shall be ten (10) percent.

Side yard setbacks will be as follows: Minimum setbacks, small lots:

Front yard: Twenty (20) feet.

Rear yard from seawall or coastal setback line: Fifty (50) feet.

Sideyard abutting any street shall [be] a minimum of: Ten (10) feet, or the sideyard setback requirements for the height of the building, whichever is greater.

Interior lot:

A minimum of five (5) feet sideyard setback for any building up to and including twenty (20) feet in height.

An additional one (1) foot of sideyard setback for each five (5) feet of height to sixty-five (65) feet.

Maximum building height: Height shall be limited to sixty-five (65) feet.

Maximum density: 60 units per acre.

Note— Pursuant to § 5 of Ord. No. 98-22, 8-5-98, nothing contained in said ordinance, which amended in part §§ 2-2, 14-18.4, and 14-21.4 of this appendix, shall be interpreted so as to repeal the dimensional requirements specified within this section. See corresponding notes, following the affected subsections, in §§ 2-2, 14-18.4, and 14-21.4 of this appendix. A copy of Ord. No. 98-22 is also available in the office of the City Clerk.

14-29.5. Development of "Small Lot" as Special Exception.

A development of a "small lot" pursuant to this chapter, shall be a special exception utilizing the conditions contained in section 14-69.1, 4.f., and shall pertain to the T Hotel/Motel District only.

14-29.6. Authority of Planning and Zoning Board.

That pursuant to the authority of section 14-69.1, 5., the Planning and Zoning Board is hereby assigned the duties to the granting of special exceptions under this provision. In addition, any recommendations by the Planning and Zoning Board shall be heard and require final approval by the City Commission after a public hearing. The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider the request for special exception for small lots.

14-29.7. Applicability of Other Requirements.

Except as amended in this ordinance, all other requirements of the T Hotel/Motel District shall apply to properties described in this ordinance.

(Ord. No. 98-16, § 6, 4-27-98)

Sec. 14-30. - Standards for Adult Arcade Amusement Centers.

Adult Arcade Amusement Center.

Intent: It is the intent of this section to regulate adult arcade amusement centers that mimic the look and feel of gambling venues but are operated in accordance with F.S. ch. 849 (Gambling). Regulation of these venues ensure that they are permitted in the appropriate compatible designation within the City of Daytona Beach Shores and that appropriate police powers are established to ensure reduction in any secondary effects.

(1)

Zoning District Limitations and Uses.

An adult arcade amusement center is permitted in the GC-1 zoning district only with a special exception issued in accordance with sections 14-22.4.3 and 14-69.1.

(2)

Additional Development Standards for Adult Arcade Amusement Centers.

(a)

Location: No special exception shall be granted for an adult arcade amusement center that will be conducted within one thousand (1,000) feet of another establishment, a public or private school, day-care, house of worship, a public library or a public park. The required 1,000-foot minimum separation shall be measured from the nearest point of one establishment to the nearest point of the other establishment in a straight line.

This subsection hereof does not apply to a duly licensed adult arcade amusement center in existence before a public or private school, house of worship, a public library or a public park moved within one thousand (1,000) feet of such adult arcade amusement center.

Such use shall not be located within the same plaza or center as any other adult arcade amusement center regardless of separation distances.

(b)

Hours of Operations: Such amusement centers shall be prohibited from being open past 11:00 p.m. and prior to 9:00 a.m.

(c)

Signage: The use of any imagery referencing gambling, such as, but not limited to slot machine, poker wheels, etc., shall not be permitted when visible from the exterior of the tenant space, including but not limited to, wall signage and window signage. The use of strip lighting is expressly prohibited.

(d)

Parking: Parking requirements for adult arcade amusement center shall be one (1) space per two hundred (200) square feet GFA.

(3)

Special Exception Criteria.

(a)

The special exception required by this section shall not be transferable to any other person, and the business shall be conducted only at the location for which the special exception is issued.

(b)

The person operating or conducting the business shall inform the Community Services Department as to changes in the information required in this section.

(c)

A special exception shall not be issued if a person with an interest in the business, or an employee of the business, has been convicted of a violation of a federal or state statute or any local ordinance pertaining to gambling or any other crime involving moral turpitude within five (5) years preceding the application.

(d)

The applicant shall be twenty-one (21) years of age or more.

(4)

Occupational License and Registration.

(a)

Registration of each coin-operated amusement device is required at the time of application for an occupational license. For each machine registered, a plastic decal shall be issued to the applicant for each machine so covered. Application for machine registration stickers must disclose the location where the machine is to be operated, manufacturer of the machine, the manufacturer's serial number, and the software version, if any. The registration stickers are not transferable person to person, place to place, or machine to machine. No machine should be eligible for a registration sticker if its operation involves any materials elements of change, unless:

The applicant submits with the application, satisfactory proof that the applicant has registered with the Department of Justice pursuant to 15 United States Code 1171, and

The applicant submits with the application, the records required under federal law to be maintained by those who register under 15 United States Code 1171, and certifies the machine bears the permanent marking required by the federal law.

(b)

The applicant shall keep the registered machines, the records of acquisition, location and disposition required by the federal law, records of prize awards open to police inspection at any time.

(5)

Applications.

No person shall operate or conduct an adult arcade amusement center for use by the general public in the City of Daytona Beach Shores or other reward without first obtaining an occupational license. A person wishing such a license shall make an application therefore in writing, which application shall set forth the following:

(a)

The name under which the business is to be conducted;

(b)

The location at which the business is to be carried on;

(c)

The name, address, and principal occupation of every person with an interest in the business;

(d)

The number of coin-operated machines to be exhibited;

(e)

The serial numbers, manufacturer, and name of each machine;

(f)

Whether the applicant has been ever engaged in operating an amusement arcade and when, where and how

long in each place within five (5) years preceding the date of application.

(6)

Operations.

(a)

An adult who is twenty-one (21) years of age or older shall be on the adult arcade amusement center premises and shall supervise the operation thereof at all times during all hours of operation.

(b)

No alcoholic beverages including beer and wine shall be consumed on the premises of an adult arcade amusement center. Each adult arcade amusement center shall post signage providing:

"No alcoholic beverages, including beer and wine, shall be consumed on these premises."

(c)

No person under the age of eighteen (18) years is permitted on premises of an adult arcade amusement center before 4:00 p.m. on any day the public or private schools are in session, unless such person is accompanied by his or her parent or legal guardian.

(d)

The violation of any of the provisions of this section shall be sufficient reason for the City of Daytona Beach Shores to revoke the special exception issued for the business. However, a violation of any of the provisions of this section is not a criminal violation.

(7)

Peace Disturbances; Gambling; Intoxicated Persons, Minors.

No license or owner of any adult arcade amusement center, or any servant, agent or employee of such a licensee or owner, shall permit upon the premises housing a mechanical amusement device arcade any of the following:

(a)

Disorderly persons;

(b)

Gambling, or the use, possession or presence of gambling paraphernalia;

(c)

Intoxicated persons to loiter on the premises;

(d)

Loud noise or music to emerge from the licensed premises, which noise or music is disturbing to the surrounding area; and

(e)

Any licensee or owner, or any servant, agent or employee thereof, shall be presumptively deemed to have permitted the conduct enumerated in subsection (5) hereof if it occurs on the premises housing an adult arcade amusement center.

(Ord. No. 2003-39, § 2, 1-14-04)

Sec. 14-31. - Redevelopment Districts.

14-31.1. GC-RD General Commercial-Redevelopment District.

14-31.1.1.

Purpose and Intent. To encourage the development and redevelopment of commercial property in the redevelopment areas.

14-31.1.2.

Permitted Uses.

Professional and business offices.

Retail stores.

Service establishments such as barber or beauty shops, photographic studios, dance or music studios, self-service laundries, tailor shops, drapery or dressmaker shops, laundry or dry cleaning pickup stations (without any on-site dry cleaning activities using chemicals of any type or nature) and similar activities.

Newspaper offices (but not printing activities of any type or nature).

Food stores and bakeries.

Banks and similar financial institutions, small loan agencies.

Medical and dental clinics.

Private clubs and lodges.

Public/quasi-public facilities.

10.

Restaurants.

11.

Art galleries.

12.

Bowling facilities and similar recreational facilities.

13.

Performance theaters.

14.

Movie theaters.

15.

Public parking facilities.

16.

Medical offices and facilities.

17.

Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq., and other controlling law.

14-31.1.3.

Special Exceptions.

Internet cafes.

Pain management clinics.

Automotive service stations.

Parking.

14-31.1.4.

Permitted Accessory Uses and Structures.

Alcohol sales for consumption on premises may only be permitted as an accessory use to a public food service establishment licensed by the Florida Department of Business and Professional Regulation (FDBPR) in accordance with controlling Florida law. Said establishment shall not derive more than forty-nine (49) percent of its gross sales from the use, sale or consumption of alcohol on the premises. Such establishment may be required to provide the City Manager, or designee, with an accounting report and documents supporting same in form and with content acceptable to the city, prepared by a Florida licensed certified public accountant providing proof that the establishment derives no more than forty-nine (49) percent of its gross sales from the use, sale or consumption of alcohol on the premises. Reports shall be provided to the City Manager within ten (10) days of the end of each quarter (each three-month period) of each year. The establishment shall also possess a valid license issued by the FDBPR in accordance with controlling Florida law.

Outdoor storage is allowed only in connection with moving or construction projects and shall comply with all safety requirements deemed necessary by the city's Building Official. Outdoor storage area(s) shall be determined by the city's Building Official. Outdoor storage shall be completely removed from the site within five (5) days after moving or construction is completed. Outdoor storage area(s) shall be restored or enhanced to a condition equal to or better than the condition prior to storage within the time frame established by the city's Building Official.

Temporary outdoor storage of material being placed inside a building for sale.

Temporary indoor storage of materials in a building that is for sale. Storage of materials shall comply with safety requirements and time frame established by the chief Building Official.

Parking as outlined in section 14-48.11.

Walls and fences shall not be located in the front yard setback except for side yard retaining walls pursuant to an approved site plan.

Marquee signs shall only be permitted as an accessory to a movie or performance theater.

Parking garages are allowed only as outlined in section 14-48.11.

Advertising/newspaper boxes shall not be located in a front or side yard setback.

10.

Vehicle service devices shall not be located in a front or side yard setback.

11.

Gas pumps are allowed only when located at a convenience store.

12.

Dumpsters are allowed only if located in an enclosed area not facing a public right-of-way.

13.

Customary site furnishings such as benches, bicycle racks, light standards, trash receptacles, and any other similar features.

14.

All other accessory uses or structures customarily incidental to the permitted principal use or structure that are not prohibited by this Code, but as determined in accordance with sound and generally accepted land use planning practices and principles as determined by the City Manager, or designee.

All accessory structures shall be compatible with the architectural design of the principal structure. Such compatibility shall be determined by roof design, colors, materials, finishes, scale and any other feature deemed significant by the chief Building Official.

14-31.1.5.

Prohibited Uses. Notwithstanding the provisions of section 14-31.1.2 and section 14-10 of this Code, the following uses are specifically prohibited and unlawful:

Body art studios by whatever name or type of nature.

Adult entertainment related uses, sales and services.

Taverns.

Timeshare sales.

Telemarketing.

Factories, industrial occupancy, hazardous occupancy, institutional occupancy and exterior storage occupancy.

Thrift stores.

Spiritualists, mediums and palm readers.

14-31.1.6.

Restriction of Exterior Sales and Services. Notwithstanding section 14-31.1.7 of this Code, and except for uses as permitted in section 14-60.2 and compliant with section 14-60.3.3 of this Code, all retail sales and services shall occur within a completely enclosed structure, and it is prohibited and unlawful for such uses to create any noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot on which the structure is located. It is prohibited and unlawful to violate either of the following conditions:

Outdoor items and displays shall not impede walking traffic and shall maintain a minimum sidewalk clearance of five (5) feet.

Outdoor items and displays shall not impede vehicular traffic and shall not be placed in any parking area.

14-31.1.7.

Service Areas. All service areas and mechanical equipment (ground or roof) including, but not limited to, air conditioning condensers, heating units, electric meters, satellite dishes, irrigation pumps, ice machines and dispensers, outdoor vending machines, and propane tanks, displays and refilling areas, shall be screened using architectural features consistent with the structure, or landscaping of sufficient density and maturity at planting to provide opaque screening.

Outdoor vehicle service devices such as gas pumps, air pumps, vacuum machines and other similar devices are exempt from this subsection, but shall be screened from view at the public right-or-way using architectural features consistent with the structure, or landscaping of sufficient density and maturity at planting to provide opaque screening.

14-31.1.8.

Dimensional Requirements.

Side Yard: Ten (10) feet.

Front Yard: Twenty (20) feet.

Building Height: Forty-five (45) feet.

Rear Yard: Twenty (20) feet.

Lot Coverage: Thirty-five (35) percent. Accessory structures four hundred (400) square feet or less that are associated with an approved bona fide outdoor dining conditional use permit pursuant to section 14-58 2.1.A. of this Land Development Code shall be exempt from this standard.

Minimum Lot Size: Seven thousand five hundred (7,500) square feet.

Minimum Lot Width: Seventy-five (75) feet.

Screening: Screening shall, at a minimum, be accomplished by an opaque fence or wall when abutting a residential district both of which must be six (6) feet in height.

14-31.1.9.

Utility Easements. Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a utility easement at least fifteen (15) feet in width unless a project involving burying utilities is planned in the city's five-year capital improvement schedule (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The utility easement shall be dedicated to the city prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, sidewalks, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run north-south along the entire length of the property. The city finds that there is a rational nexus between the requirement to dedicate the utility easement and the impacts of development as set forth and that there is not a violation of the rough proportionality test relative to such dedications. Any property owner may appeal the requirement in accordance with the procedures of this Code. The placement and installation of utilities shall be at the expense of the property owner.

14-31.1.10.

On-Site Underground Utilities. All new on-site utilities shall be buried underground. Existing overhead service connections shall be relocated underground, if the electrical distribution system serving the site is underground or in the event of any alterations or repairs to the electrical service connection exceeding one thousand dollars ($1,000.00) in value. The placement and installation of utilities shall be at the expense of the property owner.

14-31.1.11.

Permitted Temporary Use. Promotional activities shall comply with section 14-60.2.

(Ord. No. 2007-23, § 2, 11-28-07; Ord. No. 2009-12, § 1, 8-11-09; Ord. No. 2010-13, § 4, 8-10-10; Ord. No. 2011-09, § 1, 9-27-11; Ord. No. 2014-12, § 3, 11-11-14; Ord. No. 2020-05, § 1, 4-28-20; Ord. No. 2020-11, § 3, 10-13-20; Ord. No. 2021-14, § 2, 11-9-21)

Sec. 14-32. - TC-MUPUDE (Town Center Mixed Use Planned Unit Development East).

14-32.1. Purpose and Intent.

The City of Daytona Beach Shores needs to establish a method to provide for optional planned unit development for the east side of S.R. A1A on tracts of land suitable in size, location and character for the uses proposed to be planned and developed and to provide a greater dimension to the scope of planning to meet the needs of the city and discourage planning to meet solely the spatial requirements of the land. The MUPUDE district shall only be permitted on sites located east of South Atlantic Avenue (State Road A1A) in the Town Center Future Land Use category as identified in the City's Comprehensive Plan.

14-32.2. Unified Ownership.

All land within the MUPUDE (hereafter PUD) shall be under the ownership of the applicant, be it an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. PUD applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUD.

14-32.3.1. Permitted and Prohibited Uses and Structures. (East Side AIA)

Ground Floor Uses: Arcade, art gallery, bowling alleys, retail bakery, bank, beauty salon, clothing cleaning, health spa, fitness center, gift shop, internet cafe, new clothing store, performance theater, convention center, restaurant and tennis club, multifamily residential, timeshare units, and hotel units. Multifamily residential units shall not be located on the same floor as timeshare and or hotel units. Use location shall be clearly defined in the PUD development agreement. Changing of floor designations shall not constitute a substantial change in the PUD but shall be approved in writing by the Building Official and the fire marshal.

Other Floor Uses: Multifamily residential, timeshare units, and hotel units. Multifamily residential units shall not be located on the same floor as timeshare and or hotel units. Use location shall be clearly defined in the PUD development agreement. Changing of floor designations shall not constitute a substantial change in the PUD but shall be approved in writing by the Building Official and the fire marshal.

14-32.3.2. Permitted Accessory Uses and Structures.

Any use or structure customarily incidental to the permitted principal use or structure, including but not limited to sidewalk restaurant and cafe. Accessory uses and structures that are not clearly defined in the PUD development agreement shall be approved in writing by the Building Official and fire marshal.

14-32.3.3. Permitted Conditional Uses.

Dumpsters, sales offices and outdoor golf to be approved in writing by the Building Official and fire marshal.

14-32.4. PUD Density.

The maximum density of a planned unit development shall be seventy (70) units per acre for mixed use multifamily residential/hotel units/timeshare units. This density shall apply to new construction with an approved PUD development agreement and will not apply to any conversions of existing hotel, motel or condominium developments. The minimum density required in this district shall be thirty-five (35) units per acre.

14-32.5. Oceanfront PUD Density Calculation.

14-32.6. Minimum Parcel Size.

A PUD shall have a minimum of five (5) acres. A parcel size of less than five (5) acres, but in no case less than three (3) acres, may be approved as a PUD if the City Commission finds the project to be of significant public interest and benefit in the provisions of the development order approving the PUD.

14-32.7. Minimum Street and Sidewalk Requirements.

Street rights-of-way within a PUD shall conform to the following minimum requirements:

Public (City-Maintained) Streets:

Minimum Right-of-Way Widths:

(1)

City-maintained collector streets: Sixty (60) feet.

(2)

City-maintained local streets: Fifty (50) feet.

Minimum Pavement Widths:

(1)

City-maintained collector streets: Twenty-two (22) feet.

(2)

City-maintained local streets: Twenty-two (22) feet.

Public Streets:

Minimum Right-of-Way Widths:

(1)

Private local streets: Thirty (30) feet.

(2)

Private service access ways: Twenty (20) feet.

Minimum Pavement Widths:

(1)

Private local streets:

(a)

Two-way: Twenty (20) feet.

(b)

One-way: Ten (10) feet.

(2)

Private service access ways: Sixteen (16) feet.

14-32.8. Sidewalk Requirement.

14-32.9. Yard Requirements and Building Height.

No minimum yards shall be required within a PUD except that the front yard on dedicated public streets shall be twenty (20) feet for the first story of building height. For each additional story up to and including four (4) stories the front yard shall increase five (5) feet. For each additional story up to and including eight (8) stories the front yard shall increase four (4) feet. For each additional story over eight (8), the front yard shall increase three and one-half (3.5) feet. Porte cocheres or marquees may extend into the required front yard a maximum of twelve (12) feet but in no case shall the front setback be less than twenty (20) feet. Peripheral yards abutting the PUD boundary on the ocean shall be fifty (50) feet. All other peripheral yards abutting the PUD boundary shall be two and one-half (2.5) feet for every one (1) story of building height PLUS ten (10) feet. For all structures exceeding twelve (12) stories, a minimum side yard setback of forty (40) feet is required. Variances from this requirement are prohibited.

Building Height: Twenty-three (23) stories plus an additional two (2) stories for parking. An additional one (1) story for parking is permitted when a project provides the following: (1) A minimum of twenty (20) percent additional off-street parking in excess of the minimum required off-street parking; and (2) a minimum of ten (10) percent additional landscaping in excess of the minimum required landscaping. Building height variances are prohibited.

14-32.10. Schedule of Fees.

An itemized schedule of fees shall be specified in the Schedule of Fees which is available at the office of the City Clerk, and the City Commission may amend the schedule by resolution duly adopted.

14-32.11. Off-Street Parking and Loading Space.

Off-street parking and loading space shall be provided pursuant to section 14-48 of the Land Development Code.

14-32.12. Landscaping Requirements.

Landscaping shall be provided as specified in section 14-46. In addition to section 14-46 and section 14-24.14, thirty (30) percent of the provided front yard and twenty-five (25) percent of the provided side yards should be landscaped. In circumstances where site and design restrictions prohibit achieving these yard landscaping percentage requirements, the City Commission may permit the transfer of the landscape shortage, in equivalent square footage, to other required landscaped yards. In cases where landscape transfers are permitted, the receiving yards shall not be on the oceanfront.

14-32.13. Sign Requirements.

All applications shall describe signs proposed and such signs shall be subject to approval of Building Official.

Cross reference— Signs and advertising, App. G, ch. 16.

14-32.14. Open Space and Common Facilities Requirements.

Sixty (60) percent of a project shall be open space. A minimum of thirty-five (35) percent of the open space shall be designated for use as common open space or common facilities. No area shall be accepted as common open space or common facilities unless it meets the following standards:

Common open space and common facilities shall be dedicated to and usable by all residents of the planned unit development.

Common open space and common facilities must be used for amenity or recreational purposes.

The location, shape, size and character of common open space and common facilities must be shown on the plan.

Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved.

Common open space shall not include any structures other than recreational.

(a)

Required easements may be combined and located at the discretion of the Daytona Beach Shores City Commission to ensure optimum public benefit.

(b)

All required easements shall be recorded in the public record and provided to the City Clerk at the time of rezoning approval.

(c)

If a phase is not constructed the associated recorded easement for that phase may be reverted back to the developer or his assigns. This reversion shall be considered a material change.

(d)

Easements shall be fully landscaped and maintained by the developer or his/her assigns until such time that the city constructs a physical walkway on said easement.

(e)

Easement areas shall not be used to satisfy the requirements of sections 14-24.12, 14-24.14, and 14-46.

14-32.15. Underground Utilities and Site Design Standards for Oceanfront PUDs.

14-32.15.1.

Underground Utilities.

Existing overhead utilities within the public rights-of-way shall be relocated to and buried within a ten-foot-wide utility easement, unless a project involving burying utilities is planned in the city's five-year capital improvement program (CIP). If a newly proposed development is located within an area scheduled for utility burial in the five-year CIP, the owner proposing said development shall provide and install all conduits necessary to bury said utilities, as prescribed by the city. This requirement shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. If a newly proposed development is located in an area that is not scheduled for utility burial in the five-year CIP, the owner proposing said development shall be required to relocate and bury the existing overhead utilities into the ten-foot-wide utility easement. This will involve all existing overhead utilities, located in the public rights-of-way, along the property's frontage. The owner proposing said development shall coordinate with the city prior to the issuance of a building permit to ensure adequate timing and phasing for burying the existing overhead utilities. The requirement to relocate and bury existing overhead utilities shall be made a condition of the development's building permit and must be completed prior to the issuance of a certificate of occupancy. The ten-foot easement shall be dedicated to the city or its designee, prior to the issuance of a certificate of occupancy. Landscaping, signage, driveways, pedestrian access, light fixtures and utility appurtenances may be located within the easement. All other encroachments within the easement shall be prohibited. The easement shall run along the entire length of the property where overhead utilities within the public rights-of-way exist.

14-32.15.2.

Site Design Standards for Oceanfront PUDs.

All construction materials shall be resistant to the effects of sun and salt water.

All service areas shall be screened from offsite public view by walls or landscaping.

14-32.16. Rezoning Application Procedures for PUD Approval.

Concept Plan. Prior to submitting an application for a PUD the developer shall submit a concept plan of the entire parcel to the community services director. The concept plan shall be considered by the city staff and the developer to be a means of familiarizing the developer with the requirements and recommendations of the various departments affecting the proposed project. The concept plan and supporting data sheets shall include a vicinity location map of the site; legal description; boundaries of tract; total acreage in tract; general proposed land use areas; the approximate height, location, character and density of dwelling units and other structures; the tentative street layout; approximate rights-of-way alignment and widths; sites for schools, parks and other public uses; existing structures, current zoning; source of water supply; method of sewage disposal; and other appropriate information to make a schematic presentation of the development plan. No development approval is given at the concept plan stage. The community services director shall invite review and comment upon the concept plan by affected departments within the city or other intergovernmental agencies affected by the proposed plan.

Preliminary Plan. After the developer has submitted a concept plan to the community services director, the preliminary plan must be prepared and submitted to the Planning and Zoning Board along with a completed application obtained after concept plan review, and application fees are paid as determined during the concept plan review meeting. This submission shall constitute filing of the rezoning application. The preliminary plan shall consist of six (6) copies of a site plan and written development agreement consisting of information as outlined below.

Preliminary Site Plan Exhibits. The site development plan shall consist of the following information or supporting data thereto:

(1)

Name of project and name, address and telephone number of the developer and professional project engineers, architects, land planners.

(2)

Date plan was drawn, scale and north arrow.

(3)

Names and location of adjoining streets and names of abutting property owners.

(4)

Legal description of property, property boundaries and all existing streets, buildings, railroads, bulkhead lines, easements and other important features in or adjoining the property.

(5)

Wooded areas, wetland areas, 100-year floodplain area, marshes, watercourses, ponds and other similar conditions affecting the site.

(6)

Topography of the site at a one-foot contour interval based on mean sea level data.

(7)

General soil types and depth to hardpan or mottling.

(8)

Vegetation types.

(9)

Natural drainage patterns.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets, if applicable.

(11)

Tabulation of densities according to proposed dwelling type.

(12)

(13)

General feasibility plans for water, sewer and stormwater drainage.

(14)

Major contour changes, dikes or any artificially created water body or natural water bodies or courses that will be altered.

(15)

Such other additional material, maps, studies or reports which the city staff, Planning and Zoning Board or the City Commission determines are necessary to determine that the PUD complies with applicable standards and guidelines of these regulations.

(16)

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider the site plan.

Written Development Agreement. In addition to a site development plan, a written agreement must be prepared following a general format supplied by the City Attorney at the time of concept plan review. The development agreement, along with the site development plan, shall govern the development of the PUD and shall regulate the use of the land regardless of ownership. The development agreement shall contain the following information:

(1)

Statement and evidence of unified ownership and control.

(2)

Statement agreeing to:

(a)

Proceed with the proposed development according to all of the PUD regulations;

(b)

(c)

Bind their successors in title to any commitments made under subsections (a) and (b) preceding.

(d)

Dedication to the city of all collectors and local roads within a PUD shall occur within eighteen (18) months of the completion of the PUD.

(3)

Tabulation of percentages of land devoted to the several dwelling types, streets, recreational uses, parks, open space or other uses.

(4)

Tabulation of densities by proposed dwelling types.

(5)

Building heights.

(6)

Building spacing.

(7)

Building floor area and dimensions.

(8)

Yard areas and buffers.

(9)

General statement regarding the feasible disposition of sanitary waste and stormwater together with proposed arrangement for potable water.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets if applicable.

(11)

Where PUD is planned for development over a period of years, a schedule showing the proposed time within which final approval of each phase of the PUD is intended to be requested.

(12)

(13)

Such other information which the city staff, Planning and Zoning Board and City Commission determine is necessary to determine that the PUD complies with applicable standards and guidelines of these PUD regulations.

(14)

Architectural Controls. Such controls shall provide for a common architectural theme to be applied to all development within the PUD and such controls shall be consistent with the provisions of Chapter 8, Article III.

(15)

Permitted uses, conditional uses and special exceptions.

Preliminary Plan Review.

City Commission Review. The preliminary plan shall be approved or disapproved by the City Commission within thirty (30) days after the City Commission reviews the preliminary plan and Planning and Zoning Board comments. Approval of the preliminary plan shall be indicated by the signature of the Mayor and attested by the City Clerk. If the preliminary plan is disapproved, the reasons for disapproval shall be specified in writing. The applicant may elect to change the preliminary plan in accord with the commission's conditions. The developer's agreement to such changes must be in writing to the commission and appropriate amendments must be made to the preliminary site development plan and development agreement within ninety (90) days after the commission meeting and before submitting a final plan.

Final Plan. In a PUD no development of any kind shall take place, including cleaning, filling, excavations, dredging, tree cutting or clearing for road right-of-way and no building permit shall be issued until the City Commission has given final approval to the final plan. The final plan shall consist of a minimum of six (6) copies of the final site development plan for the entire project or a phase thereof and a minimum of six (6) copies of the final written development agreement consisting of information as listed below. The final plan shall include:

Final Site Development Plan Exhibit.

(1)

Such drawings, specifications, covenants, easements, conditions and form of performance bonds as were specified in the written resolution.

(2)

All necessary state and federal permits.

(3)

(4)

A maintenance warranty bond, executed by an approved corporate surety company or secured by certified or cashier's check or cash in irrevocable escrow, in the amount of ten (10) percent of the construction cost of all improvements, as determined by the Building Official and Consulting Engineer, if any, shall accompany the final plan for final review by the Planning and Zoning Board. Such bond shall be for a period of one (1) year commencing upon the issuance of the certificate of completion by the city and shall cover all improvements installed by the applicant. All Consulting Engineer fees, if any, shall be paid by the applicant for final review of the final plan.

(5)

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and/or the City Commission will consider the final site plan.

Final Plan Review.

City Department Review. A minimum of six (6) copies of final plans shall be submitted to the Planning and Zoning Board along with any applicable fees. The Planning and Zoning Board shall distribute plans for departmental review and approval. Each department shall review the plans within thirty (30) days after it was submitted to the Planning and Zoning Board. If no comments are received within thirty (30) days from a department, the plan will be forwarded to the City Commission.

The developer shall provide due public notice pursuant to section 2-2 of the time and place that the Planning and Zoning Board and the City Commission will consider amendments to the final plan.

Any proposed material change to the final plan or written development agreement that is that substantially compliant with this Code shall require administrative approval from the city.

14-32.17.

Architecture Design and Review. All development and redevelopment of properties or structures in this zoning district shall be subject to the applicable provisions of chapter 8, article I.

(Ord. No. 2008-09, § 2(14-31), 9-9-08; Ord. No. 2010-13, § 4, 8-10-10; Ord. No. 2014-12, § 3, 11-11-14; Ord. No. 2017-12, § 5, 10-24-17)

Editor's note— Section 2 of Ord. No. 2008-09, adopted Sept. 9, 2008, enacted provisions designated as § 14-31. Inasmuch as there already exists a section so numbered, at the discretion of the editor, the provisions of Ord. No. 2008-09 have been redesignated as § 14-32, to avoid duplication.

Sec. 14-32.1. - MUPUDW (Mixed Use Planned Unit Development West).

14-32.1.1. Purpose and Intent.

The City of Daytona Beach Shores has determined that it is beneficial and desirable to establish a method to provide for optional planned unit development for the west side of State Road A1A on tracts of land suitable in size, location and character for the uses proposed to be planned and developed and to provide a greater dimension to the scope of planning to meet the needs of the city and discourage planning to meet solely the spatial requirements of the land. The MUPUDW may only be permitted on sites located in the Town Center Future Land Use category as identified in the City's Comprehensive Plan.

14-32.1.2. Permitted Uses and Structures.

Ground Floor Uses: Arcade, art gallery, bowling alleys, drug stores, retail bakery, bank, beauty salon, clothing cleaning, convenience store without gas sales, health spa, fitness center, gift shop, internet cafe, new clothing store, office supply, outdoor recreation equipment, performance theater, photographic sales and service, restaurant, non x-rated video store, and uses that are similar in character, density and intensity based upon generally accepted planning and land use practices and principles, as determined by the Community Services Director.

Second Floor Uses: Office, medical uses, medical and dental clinics, research and development companies, assembly of technical equipment or software, call centers, private clubs and lodges non-adult related, and uses that are similar in character, density and intensity based upon generally accepted planning and land use practices and principles, as determined by the Community Services Director.

Second Through Seventh Floor Uses: Hotels/motels, timeshare developments and multifamily residential (condominiums), including hotel/motel and multifamily accessory use, and uses that are similar in character, density and intensity based upon generally accepted planning and land use practices and principles, as determined by the Community Services Director.

14-32.1.3. Permitted Accessory Uses and Structures.

Billiards, video games, sidewalk cafes, alcohol sales.

14-32.1.4. Permitted Uses with Special Development Requirements.

Uses: Department store, general merchandise store and grocery stores, and uses that are similar in character, density and intensity based upon generally accepted planning and land use practices and principles, as determined by the Community Services Director.

Special Requirements: The uses will be permitted on the ground floor only and shall not exceed ten thousand (10,000) square feet.

14-32.1.5. Dimensional Requirements.

Minimum Parcel Size: A PUD shall have a minimum of two (2)acres.

Lot Coverage: Forty (40) percent.

Front Yard Setback: Fifteen (15) feet for the first two (2) floors of building fronting S. Atlantic Avenue and twenty (20) feet for the remaining floors fronting S. Atlantic Avenue. There shall be no setback requirements for awnings.

Height: Seven (7) floors.

14-32.1.6. PUD Density.

The maximum density of a PUD shall be forty (40) units per acre for mixed use residential/hotel units. This density shall apply to new construction, but shall not apply to any conversions of existing hotel, motel or condominium developments.

14-32.1.7. Unified Ownership.

All land within the PUD shall be under the ownership of the applicant, be it an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. PUD applicants shall present satisfactory evidence at the time of application of unified ownership of the entire area within a proposed PUD which shall, at a minimum, include a current title search approved by the City Attorney.

14-32.1.8. Reserved.

14-32.1.9. Sidewalk Requirement.

Perimeter sidewalks shall be installed on all sides of the PUD in lieu of an alternative design specified in the PUD agreement. All exterior sidewalks shall have a minimum width of fifteen (15) feet. All sidewalks shall be designed to provide internal and external connectivity, accessibility and use by the disabled in accordance with controlling law to include, but not be limited to, the Americans With Disabilities Act.

14-32.1.10. Schedule of Fees.

14-32.1.11. Off-Street Parking and Loading Space.

Off-street parking and loading space shall be provided as specified in section 14-48 of this Land Development Code.

14-32.1.12. Landscaping Requirements.

Landscaping shall be provided as specified in this Land Development Code. Notwithstanding any provisions of this Land Development Code, if the applicant elects to set the building within fifteen (15) feet of a public street, then the sidewalk of fifteen (15) feet in width may replace the landscape buffer.

14-32.1.13. Sign Requirements.

All applications shall describe all signs proposed and all of such signs shall be subject to approval of Building Official in accordance with the provisions of controlling law.

14-32.1.14. Underground Utilities.

All utilities within a PUD including telephone, television cables and electrical systems shall be installed underground. A fifteen (15) foot underground utility easement shall be required to be granted to the City for State Road A1A.

14-32.1.15. Rezoning Application Procedures for PUD Approval.

Compliance with regulations in effect at the time of development. Unless otherwise specifically described within the master development agreement, final development plans and development permits for uses/structures within the PUD shall comply with the controlling land development regulations and fee resolutions in effect at the time of plan approval or permit application. This provision shall be included in all master development agreements.

Preapplication conference. The developer or developer's representative shall, prior to submitting a rezoning application, meet with the appropriate city personnel to discuss basic rezoning and site plan requirements and to consider features of the site and the proposed development. Discussions shall include the application, rezoning and development review process. No person may rely upon any comment made in good faith concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will ultimately be approved or rejected in any form. No vested rights shall accrue prior to rezoning and/or site development plan approval by the City Commission.

Application for conceptual development plan and master development agreement approval. Application for conceptual plan and master development agreement approval shall constitute the rezoning application consistent with the rezoning requirements of sections 14-66 and 14-67 of this Code. Applications shall be made to the city utilizing the form provided by the city and accompanied by the appropriate review fee. Initial application shall be accompanied by copies of the conceptual plan, signed and sealed by a registered engineer, architect, or landscape architect, as required by this Code, and copies of the master development agreement such number of copies being determined by the city based upon its needs. Conceptual plans shall be prepared according to the standards of this Code and the controlling requirements of law. No development approval is given at the concept plan stage. The city may invite review and comment upon the concept plan by affected departments within the city or other intergovernmental agencies affected by the proposed plan.

Review of application materials. Within five (5) working days of the receipt of an application, the city shall determine whether the submittal is complete. Incomplete submittals shall be returned to the applicant with the deficiencies noted in writing.

Initiation of review. When an application is determined to be complete, it shall be reviewed within twenty (20) working days.

Conceptual development plan and required exhibits. Upon application for rezoning to the MUPUDW District, the applicant shall provide a conceptual development plan, which shall be an exhibit of the master development agreement. The conceptual development plan shall consist of the following information or supporting data thereto:

(1)

Name of project and name, address and telephone number of the developer and professional project engineers, architects, land planners.

(2)

Date plan was drawn, scale and north arrow and vicinity location map of the site.

(3)

Names and location of adjoining streets and names of abutting property owners.

(4)

Legal description of property, property boundaries and all existing streets, buildings, railroads, bulkhead lines, easements and other important features in or adjoining the property.

(5)

(6)

Wooded areas, wetland areas, one hundred-year floodplain area, marshes, watercourses, ponds and other similar conditions affecting the site.

(7)

Topography of the site at a one-foot contour interval based on mean sea level data.

(8)

General soil types and depth to hardpan or mottling.

(9)

Vegetation types.

(10)

Natural drainage patterns.

(11)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets, if applicable.

(12)

Tabulation of densities according to proposed dwelling type.

(13)

(14)

General feasibility plans for the supply of water and its source, disposal and treatment of sewer and management of stormwater.

(15)

Major contour changes, dikes or any artificially created water body or natural water bodies or courses that will be altered.

(16)

Such other additional material, maps, studies or reports which the city staff, the Planning and Zoning Board or the City Commission determine are necessary to determine that the PUD complies with applicable standards and guidelines of these regulations.

(17)

Written development agreement. In addition to a conceptual development plan, a written development agreement must be prepared following a general format supplied by the city at the time of concept plan review. The development agreement, along with the conceptual development plan, shall govern the development of the PUD and shall regulate the use of the land regardless of ownership. This development agreement is a home rule development agreement and not a statutory development agreement. The master development agreement shall contain the following information:

(1)

Statement and evidence of unified ownership and control.

(2)

Statements agreeing to:

(a)

Proceed with the proposed development according to all of the PUD regulations;

(b)

(c)

Bind their successors in title to any and all commitments.

(d)

Dedication to the city of all collectors and local roads by instrument(s) of conveyance acceptable to the City Attorney.

(3)

Tabulation of percentages of land devoted to the several dwelling types, streets, recreational uses, parks, open space or other uses.

(4)

Tabulation of densities by proposed dwelling types.

(5)

Building heights.

(6)

Building spacing.

(7)

Building floor area and dimensions.

(8)

Yard areas and buffers.

(9)

General statement regarding the feasible disposition of sanitary waste and stormwater together with proposed arrangement for potable water.

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities including private streets if applicable.

(11)

Where PUD is planned for development over a period of years, a schedule showing the proposed time and phases within which final approval of each phase of the PUD is intended to be requested.

(12)

(13)

Architectural controls. Such controls shall provide for a common architectural theme to be applied to all development within the PUD and such controls shall be consistent with the provisions of Chapter 8, Article III.

(14)

Application Review Process.

14-32.1.16. Approval of Application for Rezoning.

Recommend that the application be denied.

Recommend that the application be approved.

Recommend that the application be approved with conditions.

City Commission Approval. The City Commission shall consider the conceptual plan and master development agreement at a regularly scheduled meeting, no later than thirty (30) working days after the Planning and Zoning Board has heard the rezoning application, and determine if the application meets the requirements of this Code. Upon consideration of the comments of city staff and public, and the recommendation of the Planning and Zoning Board, the City Commission shall take any of the following actions:

Table the consideration of the application to allow for the resolution of outstanding issues.

Deny the application.

Remand the application back to the planning and Zoning Board.

Approve the application.

Approve the application with conditions.

Execution of Master Development Agreement. The second reading of the ordinance for rezoning of any land to the PUD district shall not take place until the developer has provided an executed copy of the master development agreement to the City Clerk. The document shall be a fully corrected copy which addresses all issues discussed prior to the scheduled second reading and is fully executed by the applicant in a form approved by the City Attorney. The document shall also include reduced copies of the revised conceptual plan exhibits. If there are no additional requirements, corrections or conditions attached by the City Commission at the second reading, the executed document shall be signed by the City Attorney, City clerk and Mayor and forwarded to the Clerk of Circuit Court for recording in the Official Records of the County (Land Records). If there are additional requirements, corrections or conditions attached by the City Commission at the second reading, the applicant shall revise the agreement and conceptual plan and return the documents to the City Clerk within thirty (30) days for execution and recording. The requirement to return the document within thirty (30) days shall be deemed specified by the City Commission as a condition for approval of the rezoning and the failure to resubmit in a timely manner shall cause the approval action to lapse and be of no effect.

Failure to Provide Timely Resubmission. Failure to meet any of the resubmission deadlines cited above shall require the filing of a new application, including the appropriate review fees.

14-32.1.17. Architecture Design and Review.

All development and redevelopment of properties or structures in this district shall be subject to the applicable provisions of chapter 8, article III, entitled "Mixed Use Planned Unit Development."

(Ord. No. 2010-09, § 3(14-33), 5-11-10; Ord. No. 2010-13, § 4, 8-10-10; Ord. No. 2014-12, § 3, 11-11-14)

Editor's note— Ord. No. 2014-12, § 3, adopted Nov. 11, 2014, amended § 14-32.1, and in so doing changed the title of said section from "TC-MUPUDW (Town Center Mixed Use Planned Unit Development West)" to "MUPUDW (Mixed Use Planned Unit Development West)," as set out herein.

Daytona Beach Shores
City Zoning Code

ARTICLE VII

ESTABLISHMENT OF DISTRICTS

Sec. 14-15.- Establishment of zoning districts.

The incorporated area of Daytona Beach Shores, Florida, is divided into zoning districts within which the uses of land are regulated as provided by this ordinance.

The following zoning districts have been created and are designated by the accompanying symbols:

RSF-1	Urban Single-Family Residential Detached District
RSF-2	Urban Single-Family Residential Detached District
RMF-1	Multifamily Residential District (High Density)

RMF-2	Multifamily Residential District (Medium Density)
RMF-3	Multifamily Residential District (Low Density)
T	Hotel/Motel District
GC-1	Tourist-Oriented Commercial District
GC-2	Retail/Service Commercial District
PUD	Planned Unit Development
PUD-R	Planned Unit Development-Riverside District
MXD	Mixed Use
P	Public/Quasi-Public
GC-RD	General Commercial-Redevelopment District
MUPUDE	Mixed Use Planned Unit Development East District
MUPUDW	Mixed Use Planned Unit Development West District