Debary City Zoning Code

The map entitled "Zoning Map of The City of DeBary, Florida," is hereby made a part of this Code by reference and shall be referred to as the "Zoning Map."

(Ord. No. 01-99, § 1(301.1), 11-3-1999; Ord. No. 02-12, § 3(Exh. B), 9-5-2012)

The following matrix illustrates which City zoning classifications are consistent with the corresponding Comprehensive Plan Future Land Use Map classification of the City's Comprehensive Plan.

*Refer to Chapter 5 for TOD Sub-area requirements/ Minimum of 14 du/acre and Maximum of 32 du/acre
DU/Acre = Dwelling units per net buildable acre
FAR = Floor Area Ratio

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 13-2023, § 2, 1/3/2024; Ord. No. 13-2024, 12-4-2024)

The following rules of interpretation shall be used to locate the classification boundaries shown on the official Zoning Map:

(a)

Boundaries following streets. Boundaries following, or approximately following, the centerlines of streets shall be construed to follow those centerlines. If a street is vacated, the classification boundary shall be construed to remain in its location, except when ownership of the vacated street is divided other than at the center, in which case, the boundary shall be construed to move with the ownership.

(b)

Boundaries following lot lines. Boundaries following, or approximately following, lot lines shall be construed to follow those lot lines.

(c)

Boundaries following County and City limits. Boundaries following, or approximately following, County and City limits shall be construed to follow those County and City limits.

(d)

Boundaries following railroad lines. Boundaries following, or approximately following, railroad lines shall be construed to follow the centerline of the railroad right-of-way. If a railroad right-of-way is vacated, the classification boundary shall be construed to remain in its location; except when ownership of the vacated railroad right-of-way is divided other than at the center, in which case, the boundary shall be construed to move with the ownership.

(e)

Boundaries following water bodies. Boundaries following, or approximately following, the shorelines of water bodies shall be construed to follow and move with those shorelines. Boundaries following, or approximately following, the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow and move with those centerlines.

(f)

Boundaries entering any body of water. Boundaries entering any body of water, but not continuing to intersect with other zoning boundaries, shall be construed to extend in the same direction in which they entered the body of water, until they intersect with other zoning boundaries.

(g)

Reduction of unincorporated area by municipal annexation. If City limits change through annexation, classification boundaries shall be construed to move with the City limits.

(h)

Boundaries parallel to or extensions of above features. Boundaries apparently parallel to or extensions of the features indicated in subsections (a)—(h) of this section shall be construed to be parallel to or extensions of those features, as the case may be.

(i)

Other cases.

(1)

Boundaries splitting existing lots and any other boundaries not determined by the above rules shall be determined by reference to the expressed distances on or the scale of the official Zoning Map.

(2)

In instances where boundaries, other than Resource Corridor boundaries, split existing lots, parcels or other tracts of land, the minimum requirements of the respective zoning classifications shall be measured from the classification boundary. If the existing lot will not accommodate any of the uses permitted in the multiple classification indicated thereon, a rezoning to an appropriate classification shall be required.

(3)

In instances where Resource Corridor (RC) boundaries split lots, parcels or other tracts of land, principal and accessory structures shall be located on the area not classified as Resource Corridor utilizing the dimensional requirements, except lot coverage of that zoning classification. In instances where the structure must be located in the area classified as Resource Corridor, the structure and lot shall meet the requirements of the RC zoning classification.

(Ord. No. 01-99, § 1(301.2(400.00)), 11-3-1999)

No premises shall hereafter be used or occupied, and no principal building, accessory structure or sign shall be hereafter erected, constructed, moved or altered except in conformity with these regulations.

(Ord. No. 01-99, § 1(301.2(500.00)), 11-3-1999)

The following classifications and their included regulations are established:

(Ord. No. 01-99, § 1(301.3, 11-3-1999))

(a)

Conservation Classification (C). It is intended that the C, Conservation Classification be applied to certain lands which are either owned or controlled by a governmental agency, but it may be applied to privately owned lands upon request of the owner. It is the purpose of this classification to protect and preserve:

(1)

Historic or archaeologic sites;

(2)

Fishing, wildlife, or forest management areas;

(3)

The natural environment of other selected public lands such as well fields; and

(4)

Any other unusual or unique feature or areas such as governmentally designated canoe trails, wild or scenic watercourses.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(b)

Public Use Classification (P). The purpose and intent of the P, Public Use Classification is to provide for development of governmentally owned or used lands in a manner which is consistent with the Comprehensive Plan. This classification is a specialized one, designed to be applied to areas that are not intended for public use special exceptions.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(c)

Resource Corridor Classification (RC). The purpose and intent of the RC, Resource Corridor Classification is to provide protected, natural corridors consisting of environmentally sensitive and ecologically significant lands which connect to other protected areas such as parks and water bodies. The corridor shall provide a contiguous hydro ecological pathway, where the wetlands and uplands are integrated and conducive to the maintenance and perpetuation of the system. The RC boundaries are based on the general location of environmentally sensitive areas. The lines, however, may be adjusted based on wetland delineation surveys.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(d)

Rural Agriculture Classification (A-2). The purpose and intent of the A-2, Rural Agriculture Classification is to preserve and protect rural areas of the City that have some agricultural value, but which are also suitable for rural estate living. In order to ensure the long term vitality of agricultural uses and natural resources, all agricultural uses are encouraged to utilize the Natural Resource Conservation Service (formerly the Soil Conservation Service) best management techniques and other agricultural best management practices.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 02-13, § 2(Exh. A), 6-5-2013; Ord. No. 07-13, § 2(Exh. A), 8-7-2013)

(e)

Transitional Agriculture Classification (A-3). The purpose and intent of the A-3, Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural production or to provide a transitional agricultural zone between more intensive agricultural use areas and residential areas. In order to ensure the long term vitality of agricultural uses and natural resources, all agricultural uses are encouraged to utilize the Natural Resource Conservation Service (formerly the Soil Conservation Service) best management techniques and other agricultural best management practices.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 02-13, § 2(Exh. A), 6-5-2013; Ord. No. 07-13, § 2(Exh. A), 8-7-2013)

(f)

Rural Residential Classification (RR). The purpose and intent of the RR, Rural Residential Classification is to provide for low density development and certain rural activities.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 02-13, § 2(Exh. A), 6-5-2013; Ord. No. 07-13, § 2(Exh. A), 8-7-2013)

(g)

Rural Estate Classification (RA). The purpose and intent of the RA, Rural Estate Classification is to provide for very low density residential estate development and certain rural activities.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 02-13, § 2(Exh. A), 6-5-2013; Ord. No. 07-13, § 2(Exh. A), 8-7-2013)

(h)

Urban Single-Family Residential Classifications (R-1, R-3, R-4, R-5). The purpose and intent of the Urban Single-Family Residential Classifications is to provide for low to medium-density residential developments, preserving the character of existing or proposed residential neighborhoods.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 10-08, § 2, 9-17-2008; Ord. No. 02-12, § 2(Exh. A), 9-5-2012); Ord. No. 07-13, § 2(Exh. A), 8-7-2013)

(i)

Urban Two-Family Residential Classification (R-6). The purpose and intent of the R-6, Urban Two-Family Residential Classification is to provide for a mixture of one- and two-unit dwellings where that mixture of land use exists or is proposed.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(j)

Urban Multifamily Residential Classifications (R-7 and R-8). The purpose and intent of the Urban Multifamily Residential Classifications is to provide for multifamily residential living where medium-density residential developments exist or are proposed.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-04, § 1, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(k)

Mobile Home Park Classification (MH-1). The purpose and intent of the MH-1, Mobile Home Park Classification is to provide areas for the use and development of mobile home parks.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(l)

Urban Mobile Home Classification (MH-5). The purpose and intent of the MH-5, Urban Mobile Home Subdivision Classification is to provide medium-density areas for mobile home subdivisions.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(m)

Neighborhood Commercial Classification (B-2). The purpose and intent of the B-2, Neighborhood Commercial Classification is to provide a limited commercial convenience facility, servicing nearby residential neighborhoods, planned and developed as an integral unit.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(n)

Shopping Center Classification (B-3). The purpose and intent of the B-3, Shopping Center Classification is to provide shopping centers where compatible business establishments will be planned, organized and grouped in a unified arrangement. Such centers should be designed of sufficient dimension to satisfy all off-street parking needs, and be located along major arterial streets, where the traffic generated can be accommodated in a manner consistent with the public health, welfare and safety.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 22-02, 12-11-2002; Ord. No. 02-04, § 2, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

(o)

General Commercial Classification (B-4). The purpose and intent of the B-4, General Commercial Classification is to encourage the development of commercial areas providing a wide range of goods and services, and located adjoining at least one major collector or arterial road. The B-4 classification is intended to be applied to existing or developing strip retail areas which, because of the nature of existing development, are not appropriate for inclusion in the B-3 Shopping Center Classification.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 22-02, 12-11-2002; Ord. No. 02-04, § 2, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

(p)

Heavy Commercial Classification (B-5). The purpose and intent of the B-5, Heavy Commercial Classification is to provide areas for commercial uses and structures that are not generally compatible with B-4 uses and structures.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 22-02, 12-11-2002; Ord. No. 02-04, § 2, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

(q)

Highway Interchange Commercial Classification (B-6). The purpose and intent of the B-6 Highway Interchange Commercial Classification is to provide a specialized classification for hotels, motels and tourist-related retail facilities near major highway interchanges.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 22-02, 12-11-2002; Ord. No. 02-04, § 2, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(r)

Commercial Marina Classification (B-7). The purpose and intent of the B-7, Commercial Marina Classification is to provide appropriate locations for pleasure or commercial boats and other water-oriented facilities. Its application is primarily intended along the St. Johns River and other water bodies or watercourses.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-04, § 2, 5-5-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(s)

General Office Classification (B-9). The purpose and intent of the B-9, General Office classification is to provide areas for general office use. It is intended that this classification apply to suitable properties which are situated in urban areas to provide a transitional area between residential development and more intensive land uses.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(t)

Light Industrial Classification (I-1). The purpose and intent of the I-1, Light Industrial Classification is to provide sufficient space in appropriate locations for industrial operations engaged in the fabricating, repair or storage of manufactured goods of such a nature that objectionable by-products of the activity (such as odors, smoke, dust, refuse, electro-magnetic interference, noise in excess of that customary to loading, unloading and handling of goods and materials) are not nuisances beyond the lot on which the facility is located.

(Ord. No. 01-99, § 1(301.3), 11-3-1999; Ord. No. 05-10, § 2, 6-16-2010; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

Except as specifically provided otherwise in this Code, the permitted uses in each zoning classification shall be as shown in Table 4-1 for conservation and rural classifications, Table 4-2 for residential classifications, and Table 4-3 for non-residential classifications.

Uses of land or structures not expressly listed in the schedule of uses as Permitted (P) or Special Exception (S) uses are prohibited. The uses listed may only be established in that district only after approval of an application in accordance with the procedures and requirements listed in Chapter 3.

Mixed-use developments may only include uses that are specifically allowed in the applicable zoning classification. If any use in a proposed mixed-use development requires special exception approval, the entire mixed-use site must be reviewed under the special exception process.

(Ord. No. 01-99, § 1(301.2(501.00)), 11-3-1999)

Table 4 - 1: Schedule of Uses — Conservation and Rural Zoning Classifications

P=Permitted; S=Special Exception

*Provided, however, that the RC classified area does not comprise part of a lot classified for residential, commercial, or industrial use.

Table 4 - 2: Schedule of Uses — Residential Zoning Classifications

P=Permitted; S=Special Exception

Table 4 - 3: Schedule of Uses — Non-Residential Zoning Classifications

P=Permitted; S=Special Exception

(a)

General rules.

(1)

Multiple use of required space prohibited. No part of a yard, or other required open space, or of the off-street parking or loading spaces for one structure, shall be included as part of a yard, open space or off-street parking or loading space requirements for any other structure, unless otherwise expressly permitted by this Code.

(Ord. No. 01-99, § 1(301.2(503.00)), 11-3-1999)

(2)

Exceptions to minimum yard requirements. Every part of every yard shall be open and unobstructed from the ground up, except as follows:

a.

In all zoning classifications, accessory structures may be located in yards to the extent permitted by Chapter 6.

b.

In all zoning classifications, off-street parking lots may be in yards to the extent permitted by Chapter 7, but not within buffers.

c.

Moveable awnings, chimneys, pilasters, roof overhangs, unenclosed balconies and unenclosed stairways may project into any yard for 3 1/2 feet or half of the yard, whichever is less.

d.

In all residential classifications, where a lot is situated between two lots, each having a principal building which projects beyond the minimum front yard requirements for its classification, its minimum front yard requirement shall be the average of the distance between the front lines and the fronts of the principal buildings on the adjacent properties.

e.

If, because of prior zoning regulations, or because of a unified plan of development, or for any other reason, a majority of the houses already constructed in a particular residential neighborhood observe a setback greater than that which is required by these regulations, the average setback actually observed shall apply to all new construction in that neighborhood, anything in these regulations to the contrary notwithstanding.

(Ord. No. 01-99, § 1(301.2(801.00)), 11-3-1999; Ord. No. 06-14, § 2(Exh. A), 9-3-2014)

(3)

Erection of more than one principal structure on a lot. In the RC, A-2, and A-3 classifications, more than one principal structure may be erected on a lot, but only one principal standard or manufactured single-family or mobile home dwelling may be erected. In the R-7, R-8 and MH-1 classifications, more than one principal structure may be erected on a lot. In commercial, industrial, conservation, and public use classifications, more than one principal structure may be erected on a lot, provided that the requirements of this Code shall be met for each principal structure as though it were on an individual lot, except hotels. In all other classifications, only one principal structure may be erected on a lot.

(Ord. No. 01-99, § 1(301.2(804.00)), 11-3-1999)

(4)

Exceptions to height regulations. Spires, belfries, cupolas, clerestory windows, antennas, water tanks, ventilators, solar panels, windmills, chimneys, or other similar accessory structures customarily required to extend above the roof level may extend for an additional ten feet above the maximum building height prescribed for the classification in which they are located.

(Ord. No. 01-99, § 1(301.2(805.00)), 11-3-1999)

(5)

Waterfront yards. Such a yard shall be measured from the ordinary high-water mark on non-tidal waters whenever the ordinary high-water mark falls within the lot lines. For the purposes of determining the maximum lot coverage and density for lots with waterfront yards, the ordinary high-water mark shall be substituted for lot lines wherever said lines fall within the lot lines; provided, however, the yard on lots with seawalls shall be measured from the seawall or top of revetment.

(6)

Flag Lots. Flag lots, as defined by Chapter 2, shall be prohibited in all zoning classifications.

(7)

Shipping containers and metal buildings. Shipping containers and other metal buildings shall not be used for dwelling units, unless the structure is completely improved and there is no metal exposed. The structure shall have windows, siding or similar material for concealment as well as meet all Florida Building Code standards for a residential dwelling unit.

(Ord. No. 03-10, § I, 3-3-2010)

(b)

Schedule of dimensional regulations for standard zoning classifications. Every principal or accessory structure to be erected upon a lot shall meet all yard, lot coverage, floor area and building height requirements of its classification as noted in Table 4-4, 4-5, and 4-6 unless otherwise expressly permitted by this Code.

(Ord. No. 01-99, § 1(301.2(502.00)), 11-3-1999)

Table 4 - 4: Dimensional Standards — Conservation and Rural Districts

¹ See Sec. 4.8(c) for dimensional requirements for lots, parcels or other tracts of land which are zoned a mixture of RC and another zoning classification.
² Lot clearance shall not exceed 20%. The total cleared lot area covered with principal and accessory buildings shall not exceed 10%.

Table 4 - 5: Dimensional Standards — Residential Zoning Classifications

¹ Yard setbacks for mobile homes parks with no individual lots must be applied as distance from the mobile home park street (front and corner) and separation between mobile home space (side and rear).
² See Sec. 6.37 (Mobile Home Recreational Vehicle Requirements) for alternative setbacks.
³ Buildings over 25 feet in height shall provide additional interior side yards and rear yards at a ratio of one foot of yard for every foot of building height over 25 feet.

Table 4 - 6: Dimensional Standards — Non-Residential Zoning Classifications

¹ For buildings over 35 feet in height, the side and rear yards shall be increased by one foot of yard for each foot of building over 35 feet.
² For buildings over 35 feet in height, the waterfront yard shall be increased one foot for each foot of height over 35 feet.
³ Developments in the B-2 zoning classification shall be restricted to 5,000 square feet for each use.

(c)

Dimensional requirements for sites zoned a mixture of RC and another zone classification. In instances where Resource Corridor boundaries split existing lots, parcels or tracts of land, the subject property may be subdivided into lots meeting the minimum lot area and width requirements of the zoning classification of the property not classified as Resource Corridor; providing that Resource Corridor classified lands are not counted as meeting part of the minimum lot area or lot width requirements of such zoning classification. In such instances, there shall be no minimum area or width requirements for the portion of the lot classified as RC.

(1)

Minimum lot area and width: No minimum for the portion of the lot classified as RC; providing that the minimum area requirement for the portion of the lot classified other than RC is met.

(2)

Minimum yard sizes: As provided for under Sec. 4.3(i).

(3)

Maximum building height: 35 feet.

(4)

Maximum lot coverage: Lot clearance on the portion of the lot classified as RC cannot exceed 20%, and no more than 10% of the portion of the lot classified as RC may be covered with principal and accessory buildings. The portion of the lot classified other than RC shall be subject to the maximum lot coverage requirements of that zoning classification.

(5)

Minimum floor area: As required for the portion of the lot not classified as RC.

(a)

The purpose and intent of the PUD, Planned Unit Development classification is to provide for integrated developments, which are consistent with the Comprehensive Plan, so as to promote a mixture of land use types and economical and orderly development consisting of a single or of a mixture of compatible land uses. Further, it is intended that a proposed development be sensitive to existing adjacent and future land uses as depicted by the Future Land Use Map of the Comprehensive Plan, the natural environment and the impact upon supporting public infrastructure through such mechanisms as, but not limited to, the establishment of appropriate buffer areas between land uses, and limitations upon the types of permissible uses and structures which are to be permitted in the development.

(b)

The PUD classification has been divided into four sub-classifications. These sub-classifications are Residential, Business, Industrial, and Mixed Use.

(c)

The procedure for review and approval of a PUD shall be as set forth in this section and Sec. 3.8 and 3.9. Subsequent to approval, major modifications shall be reviewed pursuant to Sec. 3.10.

The following regulations apply to all PUDs unless the specific type (i.e., RPUD, BPUD, IPUD, MPUD) is otherwise referenced.

(a)

Unified ownership. All land within the PUD shall be under the ownership of one person, either by deed, agreement for deed or contract for purchase or lease. PUD applicants shall present either an opinion of title by an attorney licensed in the State or a certification by an abstractor or a title company, authorized to do business in the State, that, at the time of initial application, unified ownership of the entire area within the proposed PUD is in the applicant, or contract seller's possession. Unified ownership shall thereafter be maintained until after the recording of the master development plan or final plat.

(b)

Commercial uses in an MPUD. Commercial areas shall be located in an area accessible from the highest priority streets within or adjacent to the MPUD.

(c)

Utility distribution lines. All utility distribution lines within the PUD shall be located underground; however, those appurtenances requiring aboveground installations may be exempted by the City Council.

(d)

Open space requirements. Twenty percent of an RPUD project or the residential portion of an MPUD containing residential uses shall be common open space. Common open space shall meet the following standards:

(1)

It shall be dedicated by plat, deed or other suitable instrument to and usable by all residents of the RPUD/MPUD. Useable space may be in the form of active or passive recreational areas with residents having physical access to the space. Passive facilities such as picnic tables and nature trails shall be placed in a manner that functions with the site's natural amenities or recreational needs of future residents. Examples of active recreational useable space are playgrounds, free play areas, golf courses, nature trails, swimming pools, and tennis courts.

(2)

To further the City's efforts of tree protection, 15% of the site shall be preserved in a natural state (passive recreational uses may be permitted).

(3)

Common open or public space should have the following qualities: accessibility, visibility, security, and interconnection (either physical or visual).

(4)

Its location, shape, size and character shall be illustrated on the master development plan.

(5)

Provisions for maintenance of the common open space may be provided in the development agreement.

(6)

No more than 20% of the provided common open space shall be surface water.

The permitted principal uses and structures shall be those agreed upon by the City Council and are dependent upon which sub-classification is requested.

(a)

A Residential Planned Unit Development shall be indicated by an R. The permitted uses within a RPUD may be those found in any of the residential zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the City Council.

(b)

A Business Planned Unit Development shall be indicated by a B. The permitted uses within a BPUD may be those found in any of the commercial zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the City Council.

(c)

An Industrial Planned Unit Development shall be indicated by an I. The permitted uses within an IPUD may be those found in the industrial zoning classifications of this chapter, provided that said uses are listed in the development agreement and have been approved by the City Council.

(d)

A Mixed Use Planned Unit Development shall be indicated by an M. The permitted uses within an MPUD must consist of a combination of uses allowed from at least two of the above three PUD sub-classifications as approved by the City Council. No MPUD shall permit both residential and industrial.

(e)

Other uses and structures of a similar nature to those listed, after determination by the City Council at the time of master development plan approval that such uses and structures are compatible with the PUD development and the surrounding area.

(a)

Minimum parcel size:

•

Residential only: 5 acres.

•

Business only: 1 acre.

•

Industrial only: 1 acre.

•

Mixed Use: 5 acres.

(b)

Minimum lot area and yard requirements. Minimum lot sizes, width, and yard areas shall be described in the development agreement. In determining yard sizes, the City Council shall consider whether or not the proposed PUD will have adverse effects upon adjoining properties. Factors which may be considered in determining yard sizes include, but are not limited to, existing and future land uses, lot size, and buffer requirements.

(c)

Density. The total number of dwelling units per acre of land shall be calculated and described in the development agreement and comply with the Future Land Use Element's density limitations within the Comprehensive Plan.

A landscape buffer area meeting the requirements of Chapter 5 when applicable and Chapter 8 shall be constructed unless otherwise negotiated and approved by City Council as part of the master development plan and written development agreement.

(a)

Off-street parking and loading areas meeting the requirements of Chapter 7 shall be constructed.

(b)

The City Council may modify the off-street parking requirements for the number of the individual spaces.

(c)

Any modifications to said requirements which may be granted by the City Council shall be described in the development agreement.

(Ord. No. 01-99, §§ 1(204), 1(205), 1(301), 1(301.3), 2(813.00)), 11-3-1999; Ord. No. 05-09, § II, 5-6-2009; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)