For the purpose of classifying, regulating and restricting the use of land and the location of buildings, the City of Fellsmere is hereby divided into zoning districts, which implement the City of Fellsmere comprehensive plan. The designation of use districts and uses by letter symbols as set forth herein, when used throughout this Code and upon the zoning map, shall have the same effect as if the full description of said district were stated.

A.

RR Rural Residential

B.

SR Suburban Residential

C.

EU Estate Use District

D.

R-1 Single Family Detached Residential District

E.

R-1A Single Family Attached Residential District

F.

R-1B Single-Family Affordable Housing Residential District

G.

R-1MH Single Family/Mobile Home Residential District

H.

R-2 Medium Density Multi-Family Residential District

I.

R-3 High Density Multi-Family Residential District

J.

PDD Planned Development District

K.

RPO Residential, Professional, Office District

L.

OTD Old Town District

M.

C-1 Neighborhood Commercial Restricted District

N.

C-2 General Commercial District

O.

REAC Regional Employment Activity Center District

P.

I Industrial District

Q.

PIN Public and Institutional Lands District

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

This section is intended to correlate individual zoning classifications with land use districts. Table 3A shows which zoning districts implement and are consistent with the various land use categories. No real property shall be rezoned, and no amendment to this Code shall be adopted, unless such action is consistent with the comprehensive plan of the city. The planning and zoning commission shall include in its recommendation upon any rezoning application, and upon any ordinance amending the zoning code submitted to the board for review, a finding that the proposed action is or is not consistent with the city's comprehensive plan.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

TABLE 3A.
ZONING DISTRICT CONSISTENCY WITH THE
COMPREHENSIVE PLAN FUTURE LAND USE CLASSIFICATIONS

¹  Use restrictions, minimum lot size, and other requirements are found in each district.

²  PDDs are subject to the size, use and restrictions found within the PDD district.

³  Conservation is not intended to be mapped as a district, but as a limitation on the use of lands within a particular district.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2023-02, § 3(Exh. A), 7-20-2023)

A.

Adoption/amendment of official zoning maps. The boundaries of these districts are hereby established as shown on a map entitled "The Zoning Map of the City of Fellsmere," on file in the community development department, which map, with all explanatory matter thereon, shall be deemed to accompany, be, and is hereby made a part of this Code.

The official zoning map shall bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to as Ordinance Number 07-01 of the City of Fellsmere, Florida" together with the date of the adoption of this Code. If, in accordance with the provisions of this Code and applicable Florida law, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council. A zoning number and an ordinance or resolution number shall be given to each change and a file of such changes kept by the community development department.

B.

Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted March 15, 2007, as part of Ordinance No. 07-01 of the City of Fellsmere, Florida."

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Interpretation and application. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and adequate parking facilities.

B.

Uses not specifically listed. In the event that a particular use is not listed anywhere in this chapter and that no listed use describes the land use activity in question and that such use is not determined to be an accessory use, then it shall be considered the same as the use having the most similar characteristics. An unlisted use shall be determined to be a permitted use, prohibited, or conditional use based on the similarities to other uses listed or defined elsewhere in this chapter.

1.

Criteria for reviewing uses not listed. Upon application for a use not herein listed, the city manager, or designee, shall determine whether or not the use shall be allowed in the specific zoning district and whether it shall be listed as a permitted use, a permitted use with conditions or a conditional use. The basis for reviewing unlisted uses shall be the North American Industrial Classification System (NAICS), prepared by the Executive Office of the President, Office of Management and Budget, (http.//www.census.gov/epcd/www/naics.html) which shall be used to determine the general classification of uses. Other factors which may be considered shall be traffic generation volume, type of traffic attracted to and generated by the site, parking requirements, compatibility to surrounding land uses, noise, lighting and visual impacts, hours of operation, and intensity of use. The city manager, or designee, may after review of the criteria herein set forth determine that certain uses are prohibited uses and shall not be allowed in any zoning district. In the event that any use is determined to be a prohibited use, record of the reasons given for that decision shall be kept on file and shall be used as guidelines for subsequent use determinations.

2.

Appeals of decisions on unlisted uses. Such decisions may be appealed to the city council in conformance with the provisions of this Code.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Permitted uses. No structure or land in the incorporated area of the City of Fellsmere shall hereafter be constructed or constructed on, built, moved, remodeled, reconstructed, used, or occupied except in accordance with the requirements of the zoning district in which the structure or land is located unless it is a nonconformity under the provisions of article VIII of this Code.

B.

Conditional uses. No structure or land shall be constructed or constructed on, built, remodeled, reconstructed, used, or occupied as a conditional use under this Code except as approved under the procedures and requirements of section 17.19 and the standards of section 17.19 C.

C.

Accessory uses and structures. Accessory structures and uses are permitted in any zoning district in connection with any principal lawfully existing permitted use within such district or in connection with any existing conditional use within such district, subject to the requirements of article IV, provided that all accessory structures or uses shall meet the requirements for the zoning district in which the structure or use is located and all other requirements of this Code.

D.

Transportation and utility rights-of-way. Transportation and utility rights-of-way and the linear portion of transportation facilities, e.g., pipes, poles lines, wires, cables, conduits, pavement rails, drainage and other similar equipment and accessories in connection herewith, shall be permitted in all zoning districts and shall comply, as applicable, with the resource protection and development standards for vegetation protection, protection of environmentally sensitive lands, protection of habitat for endangered and threatened species, flood damage prevention and stormwater management. Prior to any local certification of consistency for those utility rights-of-way subject to review and approval under F.S. Chapter 403, Part II, a conditional use review, in accordance with the provisions of section 17.19, shall be required.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017)

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017; Ord. No. 2019-14, § 2(Exh. A), 9-5-2019; Ord. No. 2020-02, § 2(Exh. A), 7-16-2020)

A.

General. In order to carry out the purpose and intent of this article, size and dimension criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with this section and other applicable provisions of the land development regulations. The minimum area for yards and other required open spaces for each and every building hereafter erected, constructed or structurally altered shall not be encroached upon or considered as area, yard or open space requirements or intensity of use requirements for any other building. Variances from these provisions, excluding the maximum density limitations, may be granted by the board of adjustment pursuant to the procedures and criteria of the land development regulations.

B.

Maximum residential density. In no instance shall the maximum density specified for a given zoning district be exceeded in the approval of any permit or development order except for development orders that utilize density blending with a contiguous parcel as set forth herein. Maximum density shall be expressed in number of dwelling units per gross acre. In the determination of the maximum number of units to be allowed on a lot, the permitted number shall be made proportional to any fraction of an acre(s) that is a part of the lot. Gross area shall mean the area of a lot devoted to residential uses and related open space, yards, parking and circulation, drainage, recreation, waterbodies, and other related or accessory facilities, inclusive of commercial, industrial, and other nonresidential uses for mixed use projects.

Properties may be developed with density blending as a unified plan of development under the city's planned development (PD) zoning regulations. Density blending means the allowable density across two or more contiguous properties may be averaged or "blended" over the entire project, notwithstanding the specific density limitations of the underlying future land use designations, so long as the total allowable units do not exceed that which would be allowed under each separate land use. When using density blending, the resultant gross density of that portion of the property that is located within an agricultural and rural density or Indian River County agricultural future land use district shall not exceed one unit per acre unless central water and sewer services are provided.

C.

Lot size requirements.

1.

Generally. Except as may be qualified by the provisions of the land development regulations, including article VIII, Nonconformities, no structure or part thereof shall hereafter be constructed or relocated onto a lot which does not meet all of the minimum lot size requirements established for the zoning district in which the structure is or is to be located. Furthermore, no structure or land shall hereafter be used, occupied or arranged for use on a lot which does not meet all of the minimum lot size requirements presented for the district in which such structure or land is located unless such lot meets the criteria of article VIII.

2.

Reduction of lot size or yards; subdivision. No lot or yard existing at the effective date of this Code shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of this chapter shall meet the minimum requirements established herein.

3.

Applicability to all uses. All permitted uses shall be subject to the lot size requirements specified for a given district unless other minimum requirements are specified for such uses elsewhere in the land development regulations.

4.

Structure built on two lots. A building constructed on a site consisting of two lots must be located either within the required setback of the individual lot or the setback from the common or unified lot line. Any person wishing to build a structure on two lots must provide legal assurance, approved by the city attorney, which demonstrates unity of title for both lots. In those cases where construction does not commence, such unity of title may be released upon approval of the city manager, or designee, and recording of a dissolution of unity of title in the public records.

5.

Lots of record less than minimum size. Any lot of record legally created prior to the adoption of this Code which contains less lot area or width than required in the district in which it is located may be used for a use in such district subject to the following condition:

a.

The ownership of the lot of record legally created prior to the adoption of this Code which contains less lot area or width than required in the district shall not have been owned at any time since December 17, 1956, by the same person or entity with an adjacent lot that would make the combined properties more compliant with the lot width standards of the district in which it is located.

This provision shall not be construed to permit more than one dwelling unit on a lot with less lot area per dwelling than required for the district in which such lot is located.

6.

Use of lots in single-family districts. In single-family districts, every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than the principal building and the customary accessory buildings on one plot or parcel of land.

D.

Minimum yard and setback requirements.

1.

Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this chapter.

2.

Accessory uses and structures. Special yard requirements related to accessory uses and/or structures are provided in article IV.

3.

Yard encroachments. Every part of a required yard shall be open and unobstructed except as hereinafter provided or as otherwise permitted in this Code.

a.

Sills or belt courses may not project over 18 inches into a required yard.

b.

Movable awnings may not project over five feet into a required yard, and where the yard is less than ten feet in width the projection shall not exceed more than one-half the depth of the yard.

c.

Chimneys, fireplaces, bay windows, or pilasters may not project over three feet into a required yard.

d.

Fire escapes, stairways, and balconies that are unroofed and unenclosed may not project over five feet into a required rear yard, or over three feet into a required side yard, and where the yard is less than ten feet in width the projection shall not exceed more than one-half the depth of the yard.

e.

Hoods, canopies, eaves or marquees may not project over five feet into a required yard, and where the yard is less than ten feet in width the projection shall not exceed more than one-half the depth of the yard.

f.

Fences, walls and hedges shall be permitted in required yards subject to the provisions established herein.

g.

Existing or new patio areas in the rear yard of single-family and duplex structures may be screened provided that the enclosed area does not extend more than 12 feet into the required rear yard and that the area of the enclosure does not exceed 240 square feet. Existing or new patio areas shall meet the front and side setback requirements for accessory structures for the zoning district in which it is located.

h.

Driveways serving single-family or duplex structures may be located within the required yards with a minimum side setback of five feet.

i.

Mechanical equipment such as air conditioning units or pool equipment serving single-family or duplex structures shall not be located within the front setback and shall be considered accessory structures for the purpose of locating such uses in rear or side yards.

4.

Required yards for lawfully created nonconforming lots. Lawfully created nonconforming lots shall have required yards provided, however, that the buildable width of such lot shall not be reduced by front or side yard requirements to less than 20 feet and provided further that no accessory structure on a corner lot shall project into the required front yard on any street. In those instances where the 20-foot minimum applies, the house shall be centered between the lot lines, unless an alternate siting arrangement is approved by the community development director.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2021-12, § 2(Exh. A), 9-16-2021)

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2023-02, § 3(Exh. A), 7-20-2023)

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017)

The purpose of yards required in this chapter is to provide open space around and between structures for health, safety and aesthetic purposes. All required yards and landscaped areas, where not used for parking, driveways, sidewalk or other approved structures, shall be planted and maintained in lawn, sod or landscaping including flower beds, shrubs, hedges, statuary or ornamental objects not over three feet in height. Trees may be planted if they do not obscure the vision of the driver of a vehicle.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Buildings required. All uses shall provide at least the minimum size building required for the district in which the use is to be located except where the use does not require a building such as, but not limited to, vehicle storage, land excavation, land alteration/nonhousehold waste landfill or agricultural uses. Said building shall contain plumbing facilities adequate to serve the needs of the residents, guests, customers or employees of the particular use.

B.

Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to a city approved private street or access easement, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

C.

Minimum building/structure elevation:

1.

The minimum first floor elevation of all residential buildings shall be as follows:

a.

For properties lying within a designated special flood hazard area where the base flood elevation has been determined, as further defined under Chapter 38, Article II, Flood Damage Prevention, of the City Code, all buildings shall be elevated a minimum of 18 inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the flood hazard boundary map for Indian River County, whichever is greater.

b.

For properties lying within a designated special flood hazard area for which the base flood elevation has not been determined, all buildings shall be elevated as follows:

1.

A minimum of 36 inches above the adjacent average natural grade, or 18 inches above the crown of any adjacent roadway, whichever is greater; or

2.

As determined by a sub-basin drainage study for the proposed development meeting the requirements of a stormwater permit.

c.

For properties lying outside of a special flood hazard area, as further defined under Chapter 38, Article II, Flood Damage Prevention, of the City Code, all buildings shall be elevated a minimum of 18 inches above any adjacent roadway.

2.

Habitable/nonresidential buildings shall comply with the following standards:

a.

For properties lying within a designated special flood hazard area where the base flood elevation has been determined, as further defined under Chapter 38, Article II, Flood Damage Prevention, of the City Code, all buildings shall be elevated a minimum of 18 inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the flood hazard boundary map for Indian River County, whichever is greater.

b.

For properties lying within a designated special flood hazard area for which the base flood elevation has not been determined, all buildings shall be elevated as follows:

1.

A minimum of 36 inches above the adjacent average natural grade, or 18 inches above the crown of any adjacent roadway, whichever is greater; or

2.

As determined by a sub-basin drainage study for the proposed development meeting the requirements of a stormwater permit.

c.

For properties lying outside of a special flood hazard area, as further defined under Chapter 38, Article II, Flood Damage Prevention, of the City Code, all buildings shall be elevated a minimum of 18 inches above any adjacent roadway.

3.

When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the city manager shall grant relief from the provisions of this subsection, consistent with flood protection regulations.

4.

For nonhabitable/nonresidential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the city manager may grant relief from the provisions of this Code, consistent with the intent of the flood protection regulations and any other applicable portion of this Code.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one dwelling unit per 2.5 gross acres together with such other uses as may be necessary for and compatible with very low density rural residential surroundings.

B.

Permitted uses. Permitted uses in the RR zoning district shall be in accordance with Table 3B. Any development of 20 or more units will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the RR zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one dwelling unit per gross acre together with such other uses as may be necessary for and compatible with residential surroundings.

B.

Permitted uses. Permitted uses in the SR zoning district shall be in accordance with Table 3B. Any development of 20 or more units will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the SR zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one to three dwelling unit per gross acre together with such other uses as may be necessary for and compatible with residential surroundings.

B.

Permitted uses. Permitted uses in the ER zoning district shall be in accordance with Table 3B. Any development [of] 20 or more units will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the ER zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The R-1 Single-Family Detached Residential Zoning District shall encompass lands devoted to single-family residential development up to five units per acre providing a range of housing choice together with such accessory uses as may be necessary or are normally compatible with residential surroundings. This district may be applied to new subdivisions, redevelopment of existing single family areas, or vacant lots contained within low density or low density mixed use residential land use classifications where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically facilitated.

B.

Permitted uses. Permitted uses in the R-1 zoning district shall be in accordance with Table 3B. Any development of 20 or more units will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the R-1 zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

G.

Mobile homes. Existing mobile homes located within the R-1 zoning district may be remodeled, repaired, and rehabilitated but shall not be replaced. Such existing mobile homes shall be considered legal nonconforming uses subject to the nonconforming requirements of this Code.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The R-1A Single-Family Attached Residential Zoning District encompasses lands devoted to a variety of single-family attached residential developments up to five units per acre on smaller lots providing a range of housing choice together with such accessory uses as may be necessary or are normally compatible with residential surroundings.

B.

Permitted uses. Permitted uses in the R-1A zoning district shall be in accordance with Table 3B. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the R-1A zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Editor's note— Ord. No. 2011-02, § 3(Exh. A), adopted July 7, 2011, repealed § 3.16, which pertained to R-1AA Single-Family Residential District and derived from original codification.

A.

Purpose. The R-1B Single-Family Affordable Housing Residential Zoning District is intended to apply to a specific area of the city proposed for affordable single-family residential development up to four units per acre. Lot sizes and other restrictions are intended to permit a flexibility of design and a variety of housing styles, promote affordable single-family housing, and encourage the preservation of natural features. Housing in this district is provided strictly for those in the 80 percent or less of the median income brackets as determined for the Fellsmere area through the department of housing and urban development. To be eligible to be considered for using the R-1B district, a project must consist of a minimum of ten acres and developed by a not-for-profit organization or community development corporation (CDC) approved by city council and engaged solely in the business of providing affordable housing.

B.

Permitted uses. Permitted uses in the R-1B zoning district shall be in accordance with Table 3B. Any development within the R-1B zoning district shall be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the R-1B zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The R-1MH Single-Family/Mobile Home Residential District is designed to preserve existing low-density, (less than five dwelling units per acre), single-family and mobile home developments, designated as low density mobile home on the city's future land use map. This district shall not be applied to other lands in the city.

B.

Permitted uses. Permitted uses in the R-1MH zoning district shall be in accordance with Table 3B.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the R-1MH zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

G.

Construction regulations. All mobile homes shall be installed so as to meet the permanent foundation anchoring and other rules, pursuant to F.S. 320.8285, and as provided in Chapter l5C-1.0110 of the Florida Administrative Code, also called the" Standards for the installation of Mobile-Manufactured Homes," as may be amended, including the use of a permanent perimeter, under floor enclosure. In addition, in no case shall a mobile home be more than five years old when placed on the site. In addition, all mobile homes installed in the City of Fellsmere after the date of adoption of this Code shall meet the following minimum standards:

1.

Minimum width of main body. The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than 12 feet, as measured across the narrowest portion.

2.

Minimum floor area. The minimum habitable (air conditioned) floor area of any mobile home shall be 600 square feet.

3.

Minimum roof pitch; minimum distance, eaves to ridge. The pitch of the main roof is not less than one foot of rise for each four feet of horizontal run and the minimum distance from eave to ridge is one-half the minimum horizontal dimension.

4.

Roofing materials. The roofing material used is similar in texture, color and appearance to that of detached single-family dwelling units in the same zoning district in which it is to be located.

5.

Exterior finish; light reflection. The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single-family dwelling units in the same zoning district in which it is to be located and are applied in such a manner as to make the mobile home similar in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior enamel.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of the R-2 Medium Density Multi-Family Residential Zoning District is to provide suitable areas for medium density single or multi-family residential development with a density of three to seven dwelling units per acre where sufficient urban services and facilities are provided.

B.

Permitted uses. Permitted uses in the R-2 zoning district shall be in accordance with Table 3B. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Permitted [conditional] uses in the R-2 zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of the R-3 High Density Multi-Family Residential Zoning District is to provide suitable areas for high density multi-family residential development at a density of five to ten dwelling units per acre where sufficient urban services and facilities are provided.

B.

Permitted uses. Permitted uses in the R-2 zoning district shall be in accordance with Table 3B. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3D.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3D.

E.

Conditional uses. Conditional uses in the R-3 zoning district shall be in accordance with Table 3B.

F.

Accessory uses. Accessory uses shall be in accordance with Table 3D and subject to the general requirements of article IV.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2023-02, § 3(Exh. A), 7-20-2023)

A.

Purpose. The purpose of the PDD Planned Development District is to encourage the comprehensive and coordinated development of planned residential, commercial, industrial or mixed use communities providing a full range of residence types as well as commercial and/or industrial uses designed to serve the residents and property owners of the planned development. In addition, application of the planned development district will provide:

1.

Opportunities for the development of planned residential communities containing a variety of building types and arrangements; planned commercial and tourist commercial centers; planned business and industrial parks; planned public and quasi-public facilities, and planned multiple use/mixed use activity centers or areas which may include a diversity of residential, commercial, industrial and public uses that are complementary and compatible with adjacent areas when developed in accordance with an approved development plan;

2.

Community design incentives that will encourage an increase in the amount and use of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional zoning districts;

3.

Opportunities that will allow for the reduction of energy costs through a more efficient use of land and smaller networks of utilities and streets than is possible through application of other more traditional zoning districts and subdivision requirements;

4.

Binding regulations that will ensure that the development will occur according to the limitations of use, design, density, coverage and phasing stipulated on an approved development plan;

5.

Maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape and location; and

6.

Provide opportunities for industrial development requiring site specific needs on properties with Industrial future land use designations of adequate size, shape and location.

B.

Applicability.

1.

The PDD process may be applied, under the following schemes subject to the limitations to their applicability as provided herein:

a.

Any property required by this Code to be developed as a planned development; or

b.

Any property of any size and not zoned planned development district, whose owner or duly authorized applicant requests such approval.

2.

The planned development zoning district may be applied for and used for properties having any number of comprehensive plan land use designations, subject to these planned development regulations and shown in Table 3A. For planned development projects containing residential uses over multiple comprehensive plan land use designations, the allowable density may be blended.

3.

A planned development shall not be a zoning option for the R-1, R-1A, R-2, R-3, R-1MH, or R-1 B zoning districts that lie within the original Town of Fellsmere according to the plat thereof recorded in Plat Book 2, Pages 2 and 3, Public Records of St. Lucie County, now lying in Indian River County or the limits of the plats of the Hall, Carter & James Subdivision according to the plats thereof recorded in Plat Book 3, Page 31 and Plat Book 2, Page 98, Public Records of St. Lucie County, now lying in Indian River County or the limits of the plat of the Lincoln Park Subdivision according to the plat thereof recorded in Plat Book 1, Page 60, Public Records of Indian River County, shall be governed by the following standards.

C.

Permitted uses. Uses allowed within a planned development district may include and shall be limited to the following. Permitted uses shall be reviewed by the city council as part of the development plan approval process and incorporated within the development order.

1.

Residential uses: Single-family attached or detached and multi-family residential dwelling units (including apartments) in semi-detached, attached and zero-lot line configuration. Recreational vehicle master planned communities, including RV sites, community facilities, and other customary accessory uses on five acres or more.

2.

Nonresidential uses: Commercial or retail uses; non-environmentally invasive or noxious light industrial uses or industrial business parks; offices; health care; education and research; restaurant; and professional uses. Hotels, which are permitted at a density not to exceed 60 units per gross acre. Industrial uses, when located on five acres or more, are only allowed within a planned industrial development.

3.

Cultural, passive and active indoor and outdoor recreational lands and facilities and conservation areas.

4.

Public facilities and utilities: Private utilities (gas, electric and cable). Telecommunications towers are only allowed within the public and institutional lands district and only on city-owned land.

5.

Religious facilities.

6.

Agricultural uses: agricultural uses when part of a planned development containing only agricultural uses.

7.

Planned industrial development may include those permitted and conditional industrial uses set forth in table 3C, table of uses, nonresidential districts of the Code.

D.

Accessory uses. Uses that would be clearly incidental and subordinate to the principal uses may be approved by the city council as part of the development plan approval process and incorporated within the development order.

E.

Prohibited uses. Except as specifically permitted in this Code, the following uses are expressly prohibited as either principal or accessory uses:

1.

Foundry;

2.

Drop forging;

3.

Paint or varnish manufacture;

4.

Oil compounding or barreling;

5.

Die casting;

6.

Meat processing, slaughtering;

7.

Fish smoking, curing and canning;

8.

Airport;

9.

Bus storage or repair facilities;

10.

Manufacture of asphalt, brick, tile, blues, cement, lime plaster, concrete, plastics, disinfectants, poison, insecticides and batteries;

11.

Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood;

12.

Manufacturing and/or storage of explosives;

13.

Salvage yard or wrecking facilities;

14.

Pulp or paper mills.

F.

Unified ownership or control. The title to all land within a proposed site for a planned development district shall be owned or controlled by a developer submitting the applications provided for under this subchapter. The term controlled by shall mean that the developer shall have the written consent of all owners of property within the proposed site not wholly owned by the developer. The consent shall contain a statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this subchapter and that the owners shall agree to be bound by the decision of the city council in the event application is approved and shall further be liable for any costs owed to the city not paid by the applicant.

G.

Open space and common open space.

1.

All open space and common open space shall be preserved for its intended purposes as expressed in the final development plan. The developer shall choose one or a combination of the following three methods of administering open space and common open space:

a.

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city in its sole discretion.

b.

Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned development to ensure the maintenance of all open space and common open space. All association documents are subject to review and approval by the city attorney.

c.

Retention of ownership, control and maintenance of all open space and common open space by the developer, providing restrictions are approved by the city attorney and recorded in the public records prohibiting any other use of the land.

2.

The dedication of all open space and/or common open space to a public or acceptable private agency shall, upon acceptance, agree to maintain the open space and/or common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be designated prior to the issuance of any building permits, including land clearing, for any portion of the planned development, and such dedication or conveyance shall be completed prior to the issuance of any certificate of occupancy. For phased conveyance of the land to a public or acceptable private agency, such agency shall, upon acceptance, agree to maintain the open space and/or common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the planned development.

3.

All privately owned (association or developer) common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners, shall contain a prohibition against partition and shall require city council approval to amend or terminate.

4.

All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

5.

If the developer elects to administer open space and/or common open space through an association or nonprofit corporation, the organization shall conform to the following requirements:

a.

The developer must establish the association or nonprofit corporation prior to the approval of the final plat if a plat is required or prior to the first certificate of occupancy if a plat is not required.

b.

Membership in the association or nonprofit corporation shall be mandatory for all property owners within the planned development, and the association or corporation shall not discriminate in its members or shareholders.

c.

The association or nonprofit corporation shall manage all open space and/or common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of the land, any other land within the planned development not publicly or privately owned, and shall secure adequate liability insurance on the land. If the developer elects an association or nonprofit corporation as a method of administering open space and/or common open space, the title to all property owners shall include an undivided fee simple estate in all open space and/or common open space.

6.

For projects of ten acres or greater, all planned developments, except as otherwise provided herein, shall conform to the following open space standards:

a.

A minimum of 30 percent of the gross area of land to be committed to a planned development must be for use as open space, which may include parks, recreation areas, conservation easements, bicycle and pedestrian paths and facilities, urban plazas, marinas, swimming beaches, common open space, stormwater treatment facilities, utilities and common landscaping and planting areas. Golf courses may be used in the computation of open space, but no more than 50 percent of the non-water area of the golf course may be counted toward the common open space. All stormwater treatment facilities included as part of the open space requirement, shall be either 1) permanent water bodies improved with gazebos, overlooks, elevated boardwalks or pathways, docks or piers, and a littoral zone or 2) permanent dry retention or detention areas designed in accordance with the University of Florida guidelines for low impact design. For permanent water bodies, the slope of the planted littoral zone shall be no steeper than one foot vertical to ten feet horizontal to a distance of ten feet waterward of the designated planted littoral zone area. Excluding the planted littoral zones, slopes shall not exceed 5:1 horizontal to the water control elevation, 4:1 to a depth of six feet and 2:1 thereafter. A upland buffer extending ten feet landward of the littoral zones shall also be provided and shall include at least one appropriate tree species for every 750 square feet of upland buffer. The littoral zone shall be maintained around all sides so as not to harbor mosquitoes, insects or rodents. The upland buffer and littoral zone may be clustered.

b.

A minimum of 15 percent of any existing native upland habitat on the property must be preserved in its natural condition as part of the required 30 percent open space.

c.

All areas to be dedicated for open space shall be identified as part of the preliminary and final development plan for the planned development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement, subject to the requirement that 15 percent of any existing native habitat on the property must be included as part of the required 30 percent open space.

7.

For development projects of less than ten acres, a minimum of 20 percent of the gross area of land to be committed to a planned development district must be for use as open space, which may include parks, recreation areas, conservation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas. Stormwater treatment facilities may be used in the computation of open space when otherwise meeting the requirements of subsection 3-21.G.6.a., but no more than 50 percent of such area may be counted toward the open space.

8.

For planned industrial developments of any size located within an Industrial future land use designation, a minimum of 15 percent of the gross area of land to be committed to a planned development district must be for use as open space as defined by the Code. Stormwater treatment facilities may be used in the computation of open space when otherwise meeting the requirements of subsection 3-21.G.6.a., but no more than 50 percent of such area may be counted toward the open space.

9.

For agricultural planned development projects of any size, a minimum of ten percent of the gross area of land to be committed to a planned development district must be for use as open space as defined by the Code. Stormwater treatment facilities may be used in the computation of open space when otherwise meeting the requirements of subsection 3-21.G.6.a., but no more than 50 percent of such area may be counted toward the open space.

10.

No parcel of land identified for use as common open space shall be less than one-half contiguous acre, and all such areas shall be physically part of the planned development. For development projects of less than ten acres, the one-half acre of common open space does not have to be contiguous; however, it must be in a meaningful configuration.

11.

Areas provided or reserved to meet any other environmental preservation or protection requirement of this Code or other lawful regulatory authority may be counted toward the overall open space or common open space requirement, provided that the open space or common open space meets the requirements of this Code.

12.

In lieu of providing all of the land to meet the open space or common open space requirement as provided above, the developer may request the city council to accept a payment into the city's recreation trust fund or stormwater utility fund for development of recreation or stormwater facilities for a portion of the required open space or common open space. If the city council, in its sole discretion, accepts the cash payment in lieu of land, the amount of the payment shall be the value of the land as determined by an MAI appraisal based on the proposed use/density/intensity of the final end product. The city shall hire the appraiser and be reimbursed for this cost by the developer. Upon payment into the recreation trust fund or stormwater utility fund, the developer shall only be required to provide the balance of the required open space or common open space.

H.

General development standards for all planned developments (PD).

1.

Base standards.

a.

Density transfer. Density may be transferred to individual phases within the PD, subject to the approval of a preliminary or final development plan by the city council and as provided for in city's comprehensive plan. The density/intensity permitted in a planned development shall be adopted by the city council, upon recommendation of the planning and zoning commission.

In no case shall maximum density exceed that established by the city's comprehensive plan.

b.

Lighting. All outside lighting shall be appropriately sized, arranged and shielded to prevent glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or residential properties. Industrial areas may have standard FPL concrete poles, but shall have decorative pole top lighting. Decorative and photometric efficient lighting shall be encouraged throughout the PDD. The use of cobra head and similar light fixtures should be prohibited except in certain industrial areas where it is deemed appropriate by city council.

c.

Landscaping. The city's landscape regulations, article XI, shall be the basis for the overall landscape design except that the city council may at its discretion approve alternative methods of landscaping or require additional landscaping or buffering to mitigate the impacts of the planned development on the existing community.

d.

Underground utilities. Within all planned development districts, all utilities including telephone, television cable, and electrical systems shall be installed underground, excluding primary overhead power lines. Primary facilities providing service to the site of the PDD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The city council may require that substations be fenced and screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the planned development districts.

e.

Public facilities/utilities. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the city's. Design requirements with respect to streets, sidewalks and drainage may be waived by the city council upon the recommendation of the technical review committee and planning and zoning commission.

f.

Preservation of trees. In planned developments where woods, environmental corridors, conservation areas, wetlands, large hammocks, and scattered trees occur, the developer shall take into consideration all hardwood canopy trees of six inches d.b.h. or larger in the overall development plan. Aerial photography or tree surveys may be used to identify such trees. Any tree relocated on site shall count toward the overall landscape requirements. Hardwood trees with a ten-inch or larger d.b.h. shall be preserved or relocated unless they exist within:

1)

Proposed public or private easement or drainage facility;

2)

Proposed structure dimensions;

3)

Five feet of a proposed structure;

4)

Proposed driveway;

5)

Proposed golf course or recreational areas.

g.

Off-street parking and loading. All off-street parking spaces and servicing drives shall be located within the boundaries of the property being developed. Off-street parking spaces shall be provided in accordance with section 7.2 of the Land Development Code and the approved development plan. The developer applicant for the planned development shall submit a parking plan at the time of application for a final development plan to identify and support the traffic generation, distribution, accessibility, and on-site parking. The applicant shall demonstrate on the plans for the planned development project appropriate loading and service drives. The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading or unloading no truck will block or extend into any other private or public drive or street used for vehicular circulation unless specifically approved as part of the PDD approval. Loading and delivery zones shall be clearly marked. Each shop or store shall have a rear or side entrance that is accessible to a loading service area or otherwise demonstrate that they have provisions for an efficient and accessible loading/service area.

h.

Access to public or private street. Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a publicly dedicated road; however, the city shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the planned development district.

i.

Buffer yard requirements. A minimum 25-foot Type "B" buffer yard setback shall be maintained around the perimeter of the planned development. This standard may be modified (increased or decreased) by the city council based on the following criteria:

1)

Lot sizes within the development and adjacent areas (existing or permitted).

2)

Structure type and massing.

3)

Structure height.

4)

Provision of opaque buffering or screening to protect the privacy and amenities of the adjacent existing uses.

5)

No buildings, parking lots or other structures may be located within the buffer yard area. However, fences, walls, signage and PDD identification features may be permitted subject to the approval of the city council. The buffer yard area may be included in the calculation for the required open space.

6)

Planned industrial development shall provide for a minimum 25-foot type "A" buffer for building heights of 35 feet or less or 30-foot type "A" buffer for building heights greater than 35 feet.

j.

Internal buffer requirement. Internal buffers shall be as follows: Where residential abuts multifamily, a ten-foot type "B" rear and side buffer shall be required; where a professional office abuts residential, a 15-foot type "B" rear and side buffer shall be required; where commercial abuts residential, a 15-foot type "A" rear and side buffer shall be required; where industrial abuts commercial, a ten-foot type "B" rear and side buffer shall be required; where industrial abuts residential, a 25-foot type "A" rear and side buffer with an opaque feature will be required.

k.

Maximum length of structures. Four hundred feet unless specifically increased or decreased by the city council as part of the final development plan.

l.

Height restrictions. The height of all principal buildings shall not exceed 35 feet except as provided herein. No accessory building or other structure shall exceed 20 feet in height.

m.

[Grant of additional height.] Additional height may be granted by the city council through the PDD zoning district pursuant to the following conditions:

1)

The planned development must be located within the Villages of Fellsmere future land use designation or located as follows:

i)

North side of CR 512 East of I-95 Interchange: Parcel must be within 1,000 feet of the center (Longitude and Latitude of I-95 and CR 512) of the CR 512 and the I-95 Interchange.

ii)

North side of CR 512 West of I-95 Interchange: Parcel must be within 750 feet of the center (Longitude and Latitude of I-95 and CR 512) of CR 512 and the I-95 Interchange.

iii)

South side of CR 512 East of I-95 Interchange: Parcel must be within 1,000 feet of the center (Longitude and Latitude of I-95 and CR 512) of CR 512 and the I-95 Interchange.

iv)

South side of CR 512 West of I-95 Interchange: Parcel must be east of the Florida Power and Light easement that runs generally parallel with I-95.

v)

North side of SR60 West of I-95 Interchange: Parcel must be within 8,500 feet of the center-line of SR 60.

vi)

North and south side of all arterial interchanges with I-95 (except CR 512): Parcel must be within 1,000 feet of the center (Longitude and Latitude of I-95 and the arterial roadway) of the arterial roadway and the I-95 Interchange.

vii)

North side of CR512 abutting Fellsmere Water Control District's eastern boundary and located a minimum of 450 feet from the northern right-of-way of CR512.

2)

Maximum building height cannot exceed 65 feet for nonresidential and 35 feet for residential development except for those additional allowances set forth in Part 3) below.

i)

An additional 20 percent more landscaping shall be incorporated into the front and sides of the project either in landscape beds, in berms, or ornamental plantings.

ii)

Except for planned industrial developments, such projects shall be required to include a minimum of four of the following 13 building design treatments in (a) and (b) below:

(A)

Choose any three:

•

Canopies or porticos integrated with the building's massing and style.

•

Arcades, a minimum of six feet clear in width.

•

Sculptured artwork.

•

Raised cornice parapets over doors.

•

Peaked and varied level roof forms (minimum of three roof planes).

•

Arches integrated with the building's massing and style.

•

Display windows.

•

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, pursuant to these regulations.

•

Gazebos.

•

Any treatment that, in the opinion of the city, meets the intent of this section.

(B)

And one of the following site design elements:

•

Decorative landscape planters or planting areas, a minimum of five feet wide and areas for shaded seating consisting of a minimum of 100 square feet.

•

Integration of specialty pavers or stamped concrete along the building(s) walkway; said treatment shall constitute a minimum of 60 percent of the walkway area.

•

Water element(s), such as fountains statuary, and the like.

iii)

The minimum design treatment set forth above shall entitle the project to increase the height from 35 feet to 45 feet. For each three additional design features that the development incorporates into the design, an additional ten feet of height may be granted up to a maximum of 65 feet, inclusive of all appurtenances.

iv)

To obtain the additional height within a planned industrial development located on the north side of CR512 abutting Fellsmere Water Control District's eastern boundary and located a minimum of 450 feet from the northern right-of-way of CR512, business operations shall be conducted primarily indoors with de minimus noise, dust, odor, vibration or other site nuisances.

v)

The City Council may impose more requirements upon finding that it will improve the general safety, welfare, health, appearance, or aesthetics and is in conformance with the Comprehensive Plan and this Code.

3)

For planned industrial developments or projects located within an Industrial future land use designation located north of S.R. 60, West of I-95 Interchange within 8,500 feet of the centerline of S.R. 60 and containing an industrial use, the principal building height may be 80 feet subject to the supplemental regulations contained in article V of this Code. The city council may impose more requirements upon finding that it will improve the general safety, welfare, health, appearance, or aesthetics and is in conformance with the Comprehensive Plan and this Code.

n.

Access and traffic control:

1)

Access barrier. Each zoning lot, with its buildings, other structures, and parking and loading areas, shall be physically separated from each adjoining street by a curb or other suitable barrier against unchanneled motor vehicle ingress and egress. Such barrier shall be located at the edge of or within the perimeter buffer strip along the property line. Except for the access ways permitted by b) below, the barrier shall be continuous for the entire length of the property line.

2)

Access ways. Each zoning lot shall have not more than two access ways to any one street unless unusual circumstances demonstrate the need for additional access points. Each access way shall comply with the following requirements:

a)

The width of any access way leading to a public street shall not exceed 30 feet at its intersection with the property line. The width of the accessway may exceed 30 feet when circumstances demonstrate the need for additional width such as segregated turn lanes, emergency services lane widenings, landscape medians and other similar provisions. Curb returns shall have a minimum radius of 25 feet. Larger radii will be required to accommodate loading zones and the circulation of trucks and other public service vehicles.

b)

At its intersection with the property line, no part of any access way shall be nearer than 100 feet to the intersection of any two street right-of-way lines, nor shall any such part be nearer than 50 feet to any side or rear property line.

c)

The location and number of access ways shall be so arranged that they will reduce traffic hazards as much as possible.

I.

Physical review: The city shall have the right to evaluate the physical layout, architectural characteristics and amenities of the planned development district and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to insure, protect and promote the health, safety and general welfare of the property owners of the planned development and the residents of the city.

J.

Building permit: No building permit shall be issued by the city until the final development plan has been approved and duly recorded as provided in this subsection.

K.

Waiver: The city council may waive various engineering or design provisions contained with this Code when a project's design features, land use, densities and intensities are consistent with the Comprehensive Plan, based upon the following criteria. The applicant shall:

1.

Submit a letter detailing each item that deviates from the specific base Code requirements;

2.

Substantiate the reason(s) for the deviation from the base Code requirements; and

3.

Demonstrate that through the deviation, the purpose of the Code requirement is being met or enhanced through the requested deviation.

L.

Enforcement. In addition to any other method of enforcement, the city shall have the power to enforce the provisions of this subsection by appropriate suit in equity, code enforcement action, refusal to issue building permits or certificates of occupancy.

M.

Process for obtaining planned development district zoning approval. The process for obtaining planned development district zoning approval is set forth in article XVII, administration, amendments, and development plan review.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2016-01, § 3(Exh. A), 2-18-2016; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017; Ord. No. 2019-14, § 2(Exh. A), 9-5-2019)

A.

Purpose. The RPO zoning district is designed to establish areas of low-intensity, neighborhood residential, professional, office and institutional uses. The RPO district is a mixed-use district which recognizes that areas of current single-family locations on major roadways may no longer be suitable for single family purposes due to changes in the character of the districts. Professional and office use areas should be located on or within 300 feet of major or minor arterial or collector roadways or intersections thereof or be in those areas suitable for providing transitional uses between residential and more intense commercial areas. All residential, professional, and office (RPO) zoned land shall be developed in accordance with the following development parameters.

B.

Permitted uses. Permitted uses in the RPO zoning district shall be in accordance with Table 3C. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3E.

E.

Conditional uses. Conditional uses in the RPO zoning district shall be in accordance with Table 3C.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Parking. Parking shall be provided for as required in section 7.2 Land Development Code for off street parking requirements. In addition, within the residential/professional/office district, parking shall be provided to the rear of the principal structures, to the fullest extent possible, in order to maintain the low-intensity, neighborhood residential character of the district. Parking to serve a permitted or conditional use may be provided on a vacant parcel of land zoned for residential use, as long as the parcel is contiguous to the RPO parcel and approved as part of the site plan approval process. No parcel may be used solely for parking, without a principal or other use.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The OTD (Old Town District) Zoning District is designed to provide and promote a mix of uses to foster a vibrant downtown, to retain existing businesses, preserve historic properties, promote a "Main Street" business district, encourage pedestrian activity, encourage new development of a similar size, scale, and character of the area, and promote economic development. A wide range of retail, office, recreational, restaurant, personal service, residential uses, governmental uses, community facilities and utilities necessary to serve this district or the general public are allowed. The OTD incorporates design and dimensional regulations that maximize the pedestrian experience and that recognize the existing character of Old Fellsmere and its historic buildings.

B.

Permitted uses. Permitted uses in the OTD zoning district shall be in accordance with Table 3C. Any development on five acres or more will be processed as a planned development.

1.

Outside display, street vending or sidewalk vending. Duly licensed commercial business owners on Broadway Avenue may display their products on the outside of their business, in a neat and orderly manner under the following requirements.

a.

All outside display areas shall be located adjacent to the main building, shall not impede pedestrian or traffic flow and shall not take up required parking areas. The defined areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise.

b.

Only agricultural and/or equestrian products may be permanently stored outside a business that is duly licensed to sell such products, such as a feed store or hardware store. No such products may be located forward of the front building line of such store.

c.

Outside storage and/or sales shall not be located:

1)

Within 15 feet of any street intersection or pedestrian crosswalk;

2)

Within five feet of a primary roadway access into a parcel;

3)

Within five feet of another outside vending location;

4)

Within five feet of a building exit;

5)

Within 15 feet of a fire hydrant;

6)

Within an area that abuts the display windows of a permanent business location not owned by the outside vendor; or

7)

Where in the opinion of the city's designated representatives it represents an obstruction to traffic safety or endangers the public welfare.

d.

Merchandise considered valid for outside sales includes, but is not limited to: Small retail items; agricultural products (human consumable products); prepared foods; crafts; art works; plant materials, garden supplies (except mowers, tractors or other heavy equipment); furniture; and the like. Services would include caricatures, face painting, massage therapy by a licensed massage therapist; nail technicians; cosmetics, and similar services. Prohibited items include vehicles, auto parts, tires, heavy equipment of any kind, fireworks, and any hazardous products. The city council shall reserve the right to determine if a product is a valid material to be included in an outside sales environment.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3E.

E.

Conditional uses. Conditional uses in the OTD zoning district shall be in accordance with Table 3C and further regulated as follows:

1.

Theatres shall be limited in size to 200 seats.

2.

Arcades shall be conducted completely within an enclosed building.

3.

Mixed-use buildings with retail, office and residential uses included in one building shall meet the following conditions:

a.

Retail and/or office uses are to be located on the first floor or successive floors, under residential uses.

4.

Places of worship that demonstrate their ability to meet parking demands, through on or off site parking, shared parking with cross parking easements, or other accepted method.

5.

Banks with drive-through facilities, under the following conditions:

a.

Must be on a corner parcel.

b.

Parcel shall be a minimum of one-quarter acre.

c.

Shall be set back 15 feet from existing residential uses including stacking lanes.

6.

Residential units shall not be located on the first floor except for group homes. All residential units shall be a minimum of 750 square feet, except under the following conditions:

a.

For every three units that are 750 square feet, there may be one unit that is no less than 400 square feet.

b.

If the owner registers the entire project with the state as a "55" or older adult community, which states that 80 percent of the units must be for those who are a minimum of 55 years old, there may be two 400 square feet units for every four 750 square feet units.

c.

The units must be sold as condominiums or utilized for long term rentals and may not be used for short term rentals, which would be less than a month's term.

7.

Group homes.

a.

Shall not be located closer than 1,200 feet to another group home or community residential home.

b.

A minimum of two meals per day shall be provided within a common area.

c.

Group homes or community residential homes located along Broadway shall be exempt from the 500-foot separation requirement to single-family residential contained in article V.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Additional regulations.

1.

They must be on public water and waste-water systems.

2.

They must have access at a minimum to an arterial or collector road.

3.

Shops must "line" the street frontage.

4.

Setbacks for retail, office, and mixed use buildings shall not exceed three feet from the right-of-way of Broadway. Setbacks for group homes and bed and breakfast establishments shall not exceed eight feet from the right-of-way of Broadway.

5.

Shared parking may be used.

6.

Alleys shall be used for primary access; the use of pavers, stamped asphalt, or colored concrete is encouraged.

7.

All parking or access areas must be stabilized and be located to the rear of the structure or may be located on the side if on a corner parcel but not forward of the front building line.

8.

At a minimum, the architectural styles shall be either frame vernacular, prairie, craftsman, mission, Mediterranean revival, or masonry vernacular and shall incorporate the following decorative features into the building and site design consistent with the architectural style selected:

a.

Awnings and arcades.

b.

Arched, display, or comparable windows to the existing historic framework in all the Broadway fronting windows on the first floor.

c.

Balconies, where feasible, on the upper floors.

d.

Pavers, stamped asphalt or color concrete systems in parking areas, sidewalks, walkways.

The descriptions provided above are representative features only. Adherence to the architectural style may not require the presence of each element listed and may require additional style treatments determined at time of development application review. The applicant shall be responsible for all review costs related to the review for compliance with this Code.

9.

Bed and breakfast establishments shall abide by the lot development standards contained herein except for existing bed and breakfast establishments in existence prior to May 1, 2011.

H.

Floor area ratio: 2 (footprint).

I.

Specific OTD off-street parking requirements. Off-street parking spaces shall be provided in accordance with the requirements of section 7.2, except as provided for herein. The OTD zoning district is intended to promote the development of a sustainable Main Street in the City of Fellsmere. This combined with the provision of public on-street parking allows for most land use activities to have a reduced off-street parking requirement when compared to similar uses in other zoning districts. In order to provide for sufficient areas of publicly maintained on-street parking areas or municipal off-street parking areas, the city shall require a parking fee and/or a payment-in-lieu of fee for providing parking within the Old Town District for any project that elects to use such payment to meet their parking requirements. The associated fees shall be established by resolution.

1.

For properties less than 7,500 square feet in gross area with buildings less than 2,500 square feet in gross area, no on site parking is required unless it is determined through the site plan review process that the use generates a higher than normal parking demand.

2.

Where parking is required, no part of any required parking shall be forward of the front building line, within the front setback area, or in the front yard of any structure within the OTD. All parking shall be located on the street or within the side or rear yards. On corner lots, parking may be located within the corner setback area, except that no parking areas shall be on the portion of the lot on Broadway.

3.

For all uses where on-site parking is required, the minimum number of off-street parking spaces shall be equal to 80 percent of the minimum number of off-street parking spaces required in section 7.2 with a minimum of two spaces being provided for all uses. Designated on-street parking directly fronting a lot shall count toward fulfilling the parking requirement for that lot.

4.

For uses within the OTD, the planning commission may recommend and the city council approve an additional reduction in the number of required parking spaces if the applicant/or property owner can show traffic studies or parking studies, with supporting data and analysis, that the need is less, or that there are sufficient numbers of spaces within 500 feet of the building site.

5.

Shared parking. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours or when hours of peak use vary. Requests for the use of shared parking are subject to approval by the city council and must meet the following conditions:

a.

The applicant must demonstrate to the city council's satisfaction that substantial conflict shall not exist in the principal hours or periods of peak demand for the uses for which the joint use is proposed.

b.

The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation.

c.

Parking facilities designed for joint use should not be located further than 500 feet from any structure or use served, measured along the most direct pedestrian route.

d.

A written agreement shall be drawn to the satisfaction of the city attorney, executed by all private parties concerned assuring the continued availability of the number of parking spaces designated for joint use, recorded in the public records, and require payment of a parking in lieu of fee when such parking ceases to be available in the future.

6.

For restaurant, eating and drinking uses, the minimum number of spaces provided on-site shall be equal to 55 percent of the minimum number of off-street automobile parking spaces required in section 7.2, with a minimum of two spaces. Any outdoor dining use shall be included when calculating the required number of minimum off-street parking spaces.

7.

Alleys shall be used for access to off-street parking spaces unless otherwise set forth in an approved Broadway Access Management Plan. Alleys shall be used for all loading and un-loading.

8.

Parking spaces for nonresidential uses may be provided on a separate lot or parcel not more than 500 feet from the primary parcel to be served as measured along the most direct pedestrian route.

9.

Hotel, motels, bed and breakfast in the district: one off-street parking space for every two guest rooms plus one space for the resident managers. Parking shall be provided in a manner that is compatible with the surrounding area.

10.

For all other residential uses: one and one-half off-street parking spaces per dwelling unit with one or more bedrooms.

11.

Where not specifically changed in this section, parking requirements shall otherwise comply with the city regulations.

12.

For properties within this district that have existing buildings, the off-street parking arrangement in existence on that date for each building shall continue to be recognized by the city as meeting the minimum parking requirements of the district. Such existing building square foot area may be renovated and redeveloped even if it involves the demolition and subsequent reconstruction of building a similar size to the existing building square foot area without providing any additional off-street parking spaces. However, this recognition of existing parking arrangements shall not apply to additional building square footage or to a change in use that increases the required number of off-street parking spaces.

13.

Parking shall be provided, as required by this section, for any increase in building square foot area or for the increased number of parking spaces required by a change in use.

14.

All parking areas shall be stabilized. If paved, decorative paver systems, stamped asphalt, colored concrete are encouraged.

15.

Where uses are on a corner lot, all vehicular access shall be from the alleyway or side street and not Broadway unless otherwise set forth in an approved Broadway Access Management Plan.

J.

Applicability and nonconformities.

1.

The OTD zoning and design guidelines will provide for the regulation and restriction of uses, structures, lots and parcels, or combinations thereof, which were lawfully established prior to the adoption of this ordinance.

2.

All new uses, development, and redevelopment of 25 percent or more of the square footage of the existing primary business structure or site within the OTD district shall be subject to the requirements of this section and any adopted architectural and site design guidelines.

3.

The city's Land Development Regulations regarding nonconformities shall apply to the OTD except as modified by this section. In cases where an individual lot or parcel has a building site area smaller than the requirements of the district:

a.

Individual lots of record that were legally platted as of the date of adoption of this ordinance and no less than 25 feet in width may be developed if such lot is not adjacent to another lot under that same ownership. If such lot is adjacent to a lot or parcel under the same ownership, the lots shall be combined for the purpose of development to the extent that the combined tract of land shall have a minimum of 50 feet width along Broadway.

b.

No new lots less than 50 feet in width shall be created and no existing lot greater than 50 feet in width as of the date of adoption of this ordinance shall be divided into lots less than 50 feet in width.

K.

First floor uses. For multi-use buildings, pedestrian-oriented uses are required on the first floor, for example:

1.

Retail businesses.

2.

Personal service establishments (e.g., personal and household goods repair and maintenance, personal care services such as barber shops, beauty salons, shoe repair, framing shops).

3.

Medical and dental offices.

4.

Eating and drinking establishments (indoor and/or outdoor).

5.

Food markets.

6.

Studios and galleries (artists, photographer, etc.).

7.

Bank facilities (no drive-through facilities, except on corner lots).

8.

Hotel, motel, and bed and breakfast.

L.

Maximum lot development and unit sizes (see table below).

M.

Specific OTD landscaping requirements for vehicular use (parking) areas. These regulations shall supersede the general landscape requirements of this Code. Parking lots or vehicular use areas shall comply with the following.

1.

There shall be a maximum of three feet separation between curb and sidewalks/walkways. Such area shall contain sod, ground cover, one 15-foot tree with six feet clear trunk space for each 30 lineal feet. No hedge materials may exceed three feet in height.

2.

Where appropriate, the site design shall coordinate with and connect with the existing streetscape in the public right-of-way.

3.

Plant materials and species shall be approved as part of the site plan review process.

4.

Hardscape, paving and construction materials shall match or complement the streetscape materials within the right-of-way.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The purpose of this district is to provide adequate space in appropriate locations suitable for limited neighborhood commercial, office, retail, and other community service oriented activities near the city's Old Town District and located along CR 512. This district is designed to provide a wide range of retail, office, amusement and service uses. In addition, this district provides for selected residential uses, governmental uses, and utilities necessary to serve this district or the general public.

B.

Permitted uses. Permitted uses in the C-1 zoning district shall be in accordance with Table 3C. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3E.

E.

Conditional uses. Conditional uses in the C-1 zoning district shall be in accordance with Table 3C.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Parking. Parking shall be located to the rear of the structures.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The General Commercial District (C-2) is designed to provide adequate space in appropriate locations for more intensive commercial uses that would be found away from the central core areas of the city along CR 512 or other roadways designated as arterial or collector roads.

B.

Permitted uses. Permitted uses in the C-2 zoning district shall be in accordance with Table 3C. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3E.

E.

Conditional uses. Conditional uses in the C-2 zoning district shall be in accordance with Table 3C. Conditional use for additional height. See section 3.25 G.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Additional height, pursuant to the following conditions.

1.

The development must obtain conditional use approval and be located at the CR 512 and I-95 Interchange, as follows:

a.

North side of CR 512 east of I-95 Interchange. Parcel must be within 1,000 feet of the center (longitude and latitude of I-95 and CR 512) of the CR 512 and the I-95 Interchange.

b.

North side of CR 512 west of I-95 Interchange. Parcel must be within 750 feet of the center (longitude and latitude of I-95 and CR 512) of CR 512 and the I-95 Interchange.

c.

South side of CR 512 east and west of I-95 Interchange. Parcel must be within 1,000 feet of the center (longitude and latitude of I-95 and CR 512) of CR 512 and the I-95 Interchange.

1)

Maximum height cannot exceed 65 feet.

2)

An additional 20 percent more landscaping shall be incorporated into the front and sides of the project either in landscape beds, in berms, or ornamental plantings.

3)

Such projects shall be required to include a minimum of four of the following 14 building design treatments in a) and b) below:

a)

Choose any three:

i)

Canopies or porticos, integrated with the building's massing and style.

ii)

Arcades, a minimum of six feet clear in width.

iii)

Sculptured artwork.

iv)

Raised cornice parapets over doors.

v)

Peaked and varied level roof forms (minimum of three roof planes).

vi)

Arches, integrated with the building's massing and style.

vii)

Display windows.

viii)

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, pursuant to these regulations.

ix)

Gazebos.

x)

Any treatment that, in the opinion of the city, meets the intent of this section.

b)

And one of the following site design elements:

i)

Decorative landscape planters or planting areas, a minimum of five feet wide and areas for shaded seating consisting of a minimum of 100 square feet.

ii)

Integration of specialty pavers or stamped concrete along the building(s) walkway; said treatment shall constitute a minimum of 60 percent of the walkway area.

iii)

Water element(s), such as fountains, statuary, and the like.

4)

The minimal design treatment set forth above shall entitle the project to increase the height from 35 feet to 45 feet. For each three additional design features that the development incorporates into the design, an additional ten feet of height may be granted up to a maximum of 65 feet, inclusive of all appurtenances.

5)

The city council may impose more requirements upon finding that it will improve the general safety, welfare, health, appearance, or aesthetics and is in conformance with the comprehensive plan and this Code.

H.

Design guidelines. Development within 800 feet of CR 512 shall be required to adhere to the standards identified with the CR 512 Overlay District.

I.

Air conditioning units, power supplies or other apparatuses shall only be in the rear.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Purpose. The REAC district is intended to provide for planned commercial and light industrial uses, including business park development geared to distribution, light industrial, clean manufacturing and assembly, research and development service uses and regional serving commercial uses. Properties in this district should be located with access to major transportation corridors. The uses within this district shall be consistent with the comprehensive plan.

B.

Permitted uses. Permitted uses in the REAC zoning district shall be in accordance with table 3C. Any development on five acres or more will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with table 3E.

E.

Conditional uses.

1.

Conditional uses in the REAC zoning district shall be in accordance with table 3C.

2.

When a development is approved as part of a preliminary development plan for planned development district, any conditional uses may be approved by the city council in the final development order.

3.

Approval of building height in excess of 35 feet up to a maximum of 65 feet for nonresidential uses. Maximum building height cannot exceed 65 feet for nonresidential and 35 feet for residential development.

a)

An additional 20 percent more landscaping shall be incorporated into the front and sides of the project either in landscape beds, in berms, or ornamental plantings.

b)

Such projects shall be required to include a minimum of four of the following 13 building design treatments in (a) and (b) below:

1)

Choose any three:

•

Canopies or porticos integrated with the building's massing and style.

•

Arcades, a minimum of six feet clear in width.

•

Sculptured artwork.

•

Raised cornice parapets over doors.

•

Peaked and varied level roof forms (minimum of three roof planes).

•

Arches integrated with the building's massing and style.

•

Display windows.

•

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, pursuant to these regulations.

•

Gazebos.

•

Any treatment that, in the opinion of the city, meets the intent of this section.

2)

And one of the following site design elements:

•

Decorative landscape planters or planting areas, a minimum of five feet wide and areas for shaded seating consisting of a minimum of 100 square feet.

•

Integration of specialty pavers or stamped concrete along the building(s) walkway; said treatment shall constitute a minimum of 60 percent of the walkway area.

•

Water element(s), such as fountains statuary, and the like.

3)

The minimal design treatment set forth above shall entitle a nonresidential project to increase the height from 35 feet to 45 feet. For each three additional design features that the development incorporates into the design, an additional ten feet of height may be granted up to a maximum of 65 feet, inclusive of all appurtenances.

4)

The city council may impose more requirements upon finding that it will improve the general safety, welfare, health, appearance, or aesthetics of the project.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Minimum lot area and width. Minimum lot area and width shall be in accordance with table 3E.

H.

Setbacks. Every plot upon which a structure is thereafter erected shall have setbacks as follows. Parking may be provided in required front set-back areas. When parking is contained within the front setback areas, a minimum of 20 feet from the right-of-way must remain open and such area shall be landscaped. The planning and zoning commission may recommend and city council may approve deviations to the required setbacks as part of the site plan approval process.

1.

From collector or arterial roadways:

a)

Seventy-five feet from the right-of-way.

b)

Minimum of 50 feet between buildings.

I.

Maximum floor area ratio (FAR). 1.0.

J.

Minimum open space. Fifteen percent, which must be sodded and landscaped open space. The setback areas may count toward the required open space calculations.

K.

Performance standards. No building or structure, or part thereof, shall be erected or used, in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as it related to sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters.

L.

Design guidelines. Development within 800 feet of CR 512 shall be required to adhere to the standards identified within the CR 512 Overlay zone.

M.

[Air conditioning.] Air conditioning units, power supplies or other apparatuses shall only be in the rear.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017)

A.

Purpose. This district replaces the IR industrial restricted and IL industrial light districts. Any reference in this Code to IR and IL shall be deemed to mean this I industrial district. This district is designed to accommodate industrial uses, conducive to maintaining the city's economic viability, recognizing the proximity to the interstate and the ability to move goods and services to the region. All business uses and all materials and products shall be confined within buildings completely enclosed with walls and a roof unless otherwise approved by city council as part of a planned development; however, wholesale or retail items of substantial size or which of necessity must remain outside a building may be permitted to be displayed outside the building, except as approved within a planned development district. Such wholesale or retail items include but are not limited to nursery items such as plants and trees, masonry, statutory, or contractor equipment.

B.

Permitted uses. Permitted uses in the I zoning district shall be in accordance with table 3C. Any development on five acres or more will be processed as a planned development except for projects meeting the requirements of an economic development project as set forth in section 17-26 of this Code.

C.

Lot size requirements. Lot size requirements shall be in accordance with table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with table 3E.

E.

Conditional uses. Conditional uses in the I zoning district shall be in accordance with table 3C.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

G.

Floor area ratio. Floor area ratio shall be in accordance with table 3E.

H.

Design guidelines. Development within 800 feet of CR 512 shall be required to adhere to the standards identified within the CR 512 overlay district. Development along CR 512, west of Ro-Ed 3,480 acre tract, for a depth of 250 feet shall be required to adhere to the standards identified within the CR 512 overlay zone, except as otherwise provided for in this section or except as otherwise provided in table 4C - table of uses, nonresidential districts.

I.

Performance standards. No building or structure, or part thereof, shall be erected or used, in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as it relatesd to sound, vibrations, odors, glare, radioactive materials, smoke and particular matters.

J.

Building height. Building height shall be in accordance with table 3E or as otherwise set forth herein.

a.

For projects located within an industrial future land use designation located north of S.R. 60 and west of I-95 Interchange within 8,500 feet of the centerline of S.R. 60, principal building height may be 80 feet subject to the supplemental regulations contained in article V of this Code.

(Ord. No. 2010-02, § 3(Exh. A), 5-6-2010; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-02, § 3(Exh. A), 4-6-2017)

A.

Purpose. This district is designed to provide suitable locations for a variety of public and semipublic uses which would benefit and be accessible to the general public. Facilities in this district may be owned by a municipal, regional, state or federal body or agency, or nonprofit agency as regulated by the IRS.

B.

Permitted uses. Permitted uses in the PIN zoning district shall be in accordance with Table 3C. Any development on five acres or more, owned by a quasi public entity, will be processed as a planned development.

C.

Lot size requirements. Lot size requirements shall be in accordance with Table 3E.

D.

Dimensional regulations. Dimensional requirements shall be in accordance with Table 3E.

E.

Conditional uses. Conditional uses in the PIN zoning district shall be in accordance with Table 3C. In addition, the following special uses are noted:

1.

Existing quasi public or non-profit recreational providers, such as the Fellsmere Riding Club, are permitted in this district. Expansion shall require conditional use permit approval.

2.

Telecommunications towers, but only allowed on city-owned land.

3.

All other uses which in the opinion of the city council may conform to the purpose of this district but which are not listed as permitted uses.

F.

Accessory uses. Accessory uses shall be subject to the general requirements of article IV.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)