The individual allowable uses within each zoning district and the development standards applicable to such uses are set forth in section 6.6 of this article. specific uses are allowable subject to the standards for development within the district; allowable subject to approval as a special exception use; allowable subject to supplemental use regulations; or prohibited as incompatible with the intent and character of the district.

(Ord. No. 07-04, § 2(Exh. A), 3-27-07)

Except as may be otherwise allowed in the mixed-use overlay district, no lot or parcel in a commercial district may be used for both a residential use and a commercial use. A residential use shall not be deemed accessory to a commercial use nor shall a commercial use be deemed accessory to a residential use.

(Ord. No. 07-04, § 2(Exh. A), 3-27-07)

A.

R-1AA, single-family residential district.

1.

Purpose and intent. This zoning district is intended to protect and enhance the residential character of the Key Royale area. It provides for residential use in the form of single-family detached homes together with essential services and accessory and related uses as may be necessary or normally compatible with a single-family residential neighborhood. This district implements the low density residential land use category set forth in the comprehensive plan.

2.

Allowable uses.

3.

Development standards.

a.

Minimum parcel size: 8,000 square feet with minimum frontage of 80 feet. In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density: No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of 5.8 dwelling units per gross acre of land.

c.

Maximum height: No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C. for additional height limitations and exemptions.

d.

Maximum lot coverage: No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage: Not more than 40 percent of residential parcels or lots may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements:

(1)

Measurement:

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use, for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official.

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard:

First habitable story level: 25 feet

Second habitable story level: 30 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 15 feet

Second habitable story level: 20 feet

(5)

Waterfront—Bay:

(6)

Waterfront—Canal: Regardless of whether the canal is front, side, or rear:

First habitable story level: 25 feet

Second habitable story level: 30 feet

(7)

Waterfront—Gulf of Mexico: 50 feet from the erosion control line at any riparian coastal location.

g.

Minimum floor area required for principal buildings: Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces shall be 1,000 square feet.

h.

More than one dwelling; spacing of buildings: More than one dwelling may be constructed on a single parcel provided the parcel is large enough (8,000 square feet per dwelling), the minimum distance between dwellings shall be double the applicable yard requirements and other requirements for each dwelling shall be met.

i.

Adjacent lots or parcels under single ownership: In the case of adjacent lots or parcels owned by a single owner, the lots may be considered a single building plot and the district regulations applying to the minimum size requirements apply to the building plot as a whole.

j.

Prohibition against short-term occupancy:

1.

No dwelling or parcel shall be leased, subleased or rented for a term of less than 30 consecutive days and such occupancy shall be by the same individual or family.

2.

No time share interval associated with any dwelling or parcel shall be for a term of less than 30 consecutive days.

3.

No dwelling unit owned, leased, or rented by any corporate entity (including not-for-profit entities), shall be made available to employees, contractors, subcontractors, executives, officers, clients or guests of said corporate entity for periods of occupancy of less than 30 consecutive days and such occupancy shall be by the same individual or family.

4.

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner, property manager, or other person or entity on behalf of the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

k.

Required parking: Refer to subsection 8.19D.2.

B.

R-1, Single-family residential district.

1.

Purpose and intent. This zoning district is intended to protect and enhance the residential character of single-family areas located throughout the city. It provides for residential use in the form of single-family detached homes together with essential services and accessory and related uses as may be necessary or normally compatible with a single-family residential neighborhood. This district implements the low density residential land use category set forth in the comprehensive plan.

2.

Allowable uses.

3.

Development standards.

a.

Minimum parcel size: 7,510 square feet with minimum frontage of 75 feet. In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density: No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of 5.8 dwelling units per gross acre of land.

c.

Maximum height: No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

d.

Maximum lot coverage: No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage: Not more than 40 percent of residential parcels or lots may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements:

(1)

Measurement:

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use, for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official.

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard:

First habitable story level: 20 feet

Second habitable story level: 25 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(5)

Waterfront: 20 feet regardless of whether the waterfront is front, side or rear; 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum floor area required for principal buildings: Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces shall be 1,000 square feet.

h.

More than one dwelling: More than one dwelling may be constructed on a single parcel provided the parcel is large enough (7,510 square feet per dwelling).

i.

Adjacent lots or parcels under single ownership: In the case of adjacent lots or parcels owned by a single owner, the lots may be considered a single building plot and the district regulations applying to the minimum size requirements apply to the building plot as a whole.

j.

Spacing of buildings: When more than one separate building or structure is erected upon a single parcel, the building lines of the buildings must be separated by a minimum of 20 feet for structures with one habitable story and 30 feet if either or both buildings contain more than one habitable story.

(1)

A building shall be deemed a separate building, subject to minimum spacing requirements, if it is architecturally or structurally independent of any other building on the site.

(2)

Two or more structures shall be deemed structurally independent for the purpose of spacing requirements even if such buildings have a common floor or are connected by walkways or other passageways or common garages or carports.

k.

Prohibition against short-term occupancy:

(1)

No dwelling or parcel shall be leased, subleased or rented for a term of less than 30 consecutive days and such occupancy shall be by the same individual or family.

(2)

No time share interval associated with any dwelling or parcel shall be for a term of less than 30 consecutive days.

(3)

No dwelling unit owned, leased, or rented by any corporate entity (including not-for-profit entities), shall be made available to employees, contractors, subcontractors, executives, officers, clients or guests of said corporate entity for periods of occupancy of less than 30 consecutive days and such occupancy shall be by the same individual or family.

(4)

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

l.

Required parking: Refer to subsection 8.19D.2.

C.

R-2, Two-family residential district.

1.

Purpose and intent. This zoning district is intended to provide locations for residential use in the form of a mix of single-family and two-family residential dwellings, and to protect and enhance the character of such residential areas located throughout the city. In addition, this district provides for essential services and accessory and related uses as may be necessary or normally compatible with such residential neighborhoods. This district implements the medium density residential land use category set forth in the comprehensive plan.

2.

Allowable uses.

3.

Development standards.

a.

Minimum parcel size.

(1)

Two-family dwellings: 8,712 square feet with minimum frontage of 80 feet.

(2)

Single-family dwellings: 7,510 square feet with minimum frontage of 75 feet.

(3)

In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density. No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of ten dwelling units per gross acre of land.

c.

Maximum height. No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C. for additional height limitations and exemptions.

d.

Maximum lot coverage. No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage. No more than 40 percent of residential parcels or lots may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements.

(1)

Measurement:

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use, for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard:

First habitable story level: 20 feet

Second habitable story level: 25 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(5)

Waterfront: 20 feet regardless of whether the waterfront is front, side or rear; 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum floor area required for principal buildings: Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces.

(1)

Single-family dwelling: 1,000 square feet.

(2)

Two-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

h.

More than one dwelling: Any combination of single-family dwellings and/or two-family dwellings may be constructed on a single parcel, provided the parcel is large enough (7,510 square feet for each single-family dwelling and 8,712 square feet for each two-family dwelling).

i.

Spacing of buildings: When more than one separate building or structure is erected upon a single parcel, the building lines of the buildings must be separated by a minimum of 20 feet for structures with one habitable story and 30 feet if either or both buildings contain more than one habitable story.

(1)

A building shall be deemed a separate building, subject to minimum spacing requirements, if it is architecturally or structurally independent of any other building on the site.

(2)

Two or more structures shall be deemed structurally independent for the purpose of spacing requirements even if such buildings have a common floor or are connected by walkways or other passageways or common garages or carports.

j.

Prohibition against short-term occupancy:

(1)

No dwelling or parcel shall be leased, subleased or rented for a term of less than seven consecutive days and such occupancy shall be by the same individual or family.

(2)

No time share interval associated with any dwelling or parcel shall be for a term of less than seven consecutive days.

(3)

No dwelling unit owned, leased, or rented by any corporate entity (including not for profit entities), shall be made available to employees, contractors, subcontractors, executives, officers, clients or guests of said corporate entity for periods of occupancy of less than seven consecutive days and such occupancy shall be by the same individual or family.

(4)

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

k.

Required parking: Refer to subsection 8.19D.2.

l.

Living area ratio (LAR):

(1)

The maximum allowable LAR for lots of less than 5,000 square feet is 0.40.

(2)

The maximum LAR for lots between 5,000 square feet and 7,499 square feet shall be as set forth in the following table:

(3)

The maximum LAR for lots of 7,500 square feet or more is 0.34.

(4)

Exceptions. Unenclosed covered patios, balconies, porches or terraces shall not be counted in calculating the living area ratio of a dwelling unit. Such appurtenances so erected may not thereafter be enclosed or converted to air conditioned living area if such enclosure or conversion would increase the living area ratio beyond that allowed under subsections (1) through (3) above. Furthermore, a garage that is air conditioned does not qualify as habitable space; may not be used as habitable space; and shall not be counted in calculating the living area ratio of a dwelling unit.

m.

Maximum number of bedrooms.

(1)

No single-family dwelling unit may contain more than four bedrooms. A single-family dwelling unit with more than four bedrooms may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

(2)

No individual dwelling unit located in a duplex/two-family structure may contain more than two bedrooms. A dwelling unit with more than two bedrooms and which is located in a duplex/two-family structure may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

D.

R-3, Medium density residential district.

1.

Purpose and intent. This zoning district is intended to provide locations for a mix of single-family, two-family, and multifamily residential dwellings, and resort housing, and to protect and enhance the character of such residential areas located in the city. In addition, this district provides for essential services and accessory and related uses as may be necessary or normally compatible with such residential neighborhoods. This district is compatible with and is intended to implement the medium density residential land use category set forth in the comprehensive plan and to partially implement Goal 1 of the comprehensive plan through recognition of the importance to the community of the tourist trade.

2.

Allowable use.

3.

Development standards.

a.

Minimum parcel size:

(1)

Two-family and multiple-family dwellings: 8,712 square feet with 4,356 square feet for each additional dwelling unit over two, and with a minimum frontage of 80 feet.

(2)

Single-family dwellings: 7,510 square feet with minimum frontage of 75 feet.

(3)

In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density: No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of ten dwelling units per gross acre of land.

c.

Maximum height: No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

d.

Maximum lot coverage: No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage: Not more than 40 percent of residential parcels or lots may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements:

(1)

Measurement:

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use, for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official.

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard:

First habitable story level: 20 feet

Second habitable story level: 25 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(5)

Waterfront: 20 feet regardless of whether the waterfront is front, side or rear; 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum floor area required for principal buildings: Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces.

(1)

Single-family dwelling: 1,000 square feet.

(2)

Two-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

(3)

Multiple-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

h.

More than one dwelling: Any combination of single-family dwellings and/or two-family dwellings may be constructed on a single parcel, provided the parcel is large enough (7,510 square feet for each single-family dwelling and 8,712 square feet for each two-family dwelling).

i.

Spacing of buildings: When more than one separate building or structure is erected upon a single parcel, the building lines of the buildings must be separated by a minimum of 20 feet for structures with one habitable story and 30 feet if either or both buildings contain more than one habitable story.

(1)

A building shall be deemed a separate building, subject to minimum spacing requirements, if it is architecturally or structurally independent of any other building on the site.

(2)

Two or more structures shall be deemed structurally independent for the purpose of spacing requirements even if such buildings have a common floor or are connected by walkways or other passageways or common garages or carports.

j.

Buffering: Buffering shall be installed, as appropriate, where there is a change of use planned or where an increase in intensity is proposed. Buffering may also be required as proper separation between residential and nonresidential land uses.

k.

Prohibition against short-term occupancy:

(1)

No dwelling or parcel shall be leased, subleased or rented for a term of less than seven consecutive days and such occupancy shall be by the same individual or family.

(2)

No time share interval associated with any dwelling or parcel shall be for a term of less than seven consecutive days.

(3)

No dwelling unit owned, leased, or rented by any corporate entity (including not for profit entities), shall be made available to employees, contractors, subcontractors, executives, officers, clients or guests of said corporate entity for periods of occupancy of less than seven consecutive days and such occupancy shall be by the same individual or family.

(4)

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

l.

Required parking: Refer to subsection 8.19D.2.

m.

Maximum number of bedrooms.

(1)

No single-family dwelling unit may contain more than four bedrooms. A single-family dwelling unit with more than four bedrooms may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

(2)

No individual dwelling unit located in a duplex/two-family structure may contain more than two bedrooms. A dwelling unit with more than two bedrooms and which is located in a duplex/two-family structure may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

n.

Special review standards. A major site and development plan for multifamily residential development at a density in excess of 9.5 units/acre in the R-3, R-4, and A-1 districts shall be approved only if the site plan:

(1)

Reflects a creative approach for development/redevelopment;

(2)

Provides more open space than that called for by the strict application of the minimum requirements of the land development regulations;

(3)

Reflects a harmonious development of the site with the surrounding areas and community facilities; and

(4)

Provides for safe and efficient internal and external traffic circulation.

E.

R-4, Medium density residential district.

1.

Purpose and intent. This zoning district is intended to provide locations for a mix of single-family, two-family, and multifamily residential dwellings, and resort housing, and to protect and enhance the character of such residential areas located in the city. In addition, this district provides for essential services and accessory and related uses as may be necessary or normally compatible with such residential neighborhoods. This district is compatible with and is intended to implement the medium density residential land use category set forth in the comprehensive plan and to partially implement Goal 1 of the comprehensive plan through recognition of the importance to the community of the tourist trade.

2.

Allowable uses.

3.

Development standards.

a.

Minimum parcel size.

(1)

Two-family and multiple-family dwellings: 8,712 square feet with 4,356 square feet for each additional dwelling unit over two, and with a minimum frontage of 80 feet.

(2)

Single-family dwellings: 7,510 square feet with minimum frontage of 75 feet.

(3)

In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density. No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of ten dwelling units per gross acre of land.

c.

Maximum height. No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

d.

Maximum lot coverage. No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage. No more than 40 percent of residential parcels or lots may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements.

(1)

Measurement.

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use, for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official.

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard:

First habitable story level: 20 feet

Second habitable story level: 25 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(5)

Waterfront: 20 feet regardless of whether the waterfront is front, side or rear; 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum floor area required for principal buildings. Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces.

(1)

Single-family dwelling: 1,000 square feet.

(2)

Two-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

(3)

Multiple-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

h.

More than one dwelling. Any combination of single-family dwellings and/or two-family dwellings may be constructed on a single parcel, provided the parcel is large enough (7,510 square feet for each single-family dwelling and 8,712 square feet for each two-family dwelling).

i.

Spacing of buildings. When more than one separate building or structure is erected upon a single parcel, the building lines of the buildings must be separated by a minimum of 20 feet for structures with one habitable story and 30 feet if either or both buildings contain more than one habitable story.

(1)

A building shall be deemed a separate building, subject to minimum spacing requirements, if it is architecturally or structurally independent of any other building on the site.

(2)

Two or more structures shall be deemed structurally independent for the purpose of spacing requirements even if such buildings have a common floor or are connected by walkways or other passageways or common garages or carports.

j.

Buffering. Buffering shall be installed, as appropriate, where there is a change of use proposed or where an increase in intensity is proposed. Buffering may also be required as proper separation between residential and nonresidential land uses.

k.

Prohibition against short-term occupancy.

(1)

No dwelling or parcel shall be leased, subleased or rented for a term of less than seven consecutive days and such occupancy shall be by the same individual or family.

(2)

No time share interval associated with any dwelling or parcel shall be for a term of less than seven consecutive days.

(3)

No dwelling unit owned, leased, or rented by any corporate entity (including not for profit entities), shall be made available to employees, contractors, subcontractors, executives, officers, clients or guests of said corporate entity for periods of occupancy of less than seven consecutive days and such occupancy shall be by the same individual or family.

(4)

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

l.

Required parking. Refer to subsection 8.19D.2.

m.

Maximum number of bedrooms.

(1)

No single-family dwelling unit may contain more than four bedrooms. A single-family dwelling unit with more than four bedrooms may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

(2)

No individual dwelling unit located in a duplex/two-family structure may contain more than two bedrooms. A dwelling unit with more than two bedrooms and which is located in a duplex/two-family structure may qualify as a legal nonconforming structure as to the number of bedrooms. Refer to subsection 4.2E and sections 4.12—4.16.

n.

Special review standards. A major site and development plan for multifamily residential development at a density in excess of 9.5 units/acre in the R-3, R-4, and A-1 districts shall be approved only if the site plan:

(1)

Reflects a creative approach for development/redevelopment;

(2)

Provides more open space than that called for by the strict application of the minimum requirements of the land development regulations;

(3)

Reflects a harmonious development of the site with the surrounding areas and community facilities; and

(4)

Provides for safe and efficient internal and external traffic circulation.

F.

A-1, Multifamily residential/seasonal tourist district.

1.

Purpose and intent. This zoning district is intended to recognize that the City of Holmes Beach is, to a limited degree, a resort community and to provide suitable locations adjacent to the Gulf of Mexico for intense multifamily residential/seasonal occupancy and short-term/transient occupancy by tourists. In addition, this district provides for limited ancillary commercial uses, essential services, and accessory and related uses as may be necessary or normally compatible with such occupancies. This district is compatible with and is intended to implement the multifamily residential/seasonal tourist land use category and to implement Goal 1 of the comprehensive plan through recognition of the importance to the community of the tourist trade.

2.

Allowable uses.

3.

Development standards.

a.

Minimum parcel size: 13,068 square feet with 4,356 square feet for each additional dwelling unit over three, and with a minimum frontage of 80 feet. In the case of a parcel other than rectangular, the frontage will be considered to be the width of the parcel at the midpoint.

b.

Maximum density. Maximum allowable density shall be as follows:

(1)

Ten units per gross acre of land for residential units;

(2)

Fourteen units per gross acre of land for seasonal tourist units (which includes time shares, hotels, and motels) with not more than one room suitable for sleeping purposes;

(3)

Twelve units per gross acre of land for seasonal tourist units (which includes time shares, hotels and motels) with more than one room suitable for sleeping purposes;

(4)

For the purposes of this section, a room suitable for sleeping purposes includes the main living area of a unit and all separate bedrooms, dens, lofts, offices or similar spaces, but excludes bathrooms, laundry rooms, and stand-alone kitchen areas.

c.

Maximum height. No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

d.

Maximum lot coverage. No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage. No more than 40 percent of parcels of lots in this district may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements.

(1)

Measurement. Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(2)

Front yard:

First habitable story level: 20 feet

Second habitable story level: 25 feet

(3)

Side yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard:

First habitable story level: 10 feet

Second habitable story level: 15 feet

(5)

Waterfront: 20 feet regardless of whether the waterfront is front, side or rear; 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum floor area required for principal buildings. Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces.

(1)

Multiple-family dwellings: 600 square feet per family dwelling unit plus 150 square feet for each bedroom in addition to the first.

(2)

Hotels, motels and time sharing uses: 200 square feet for one-room units, plus 150 additional square feet for each additional room in excess of the first per unit or suite. There is no restriction in the distribution of the total required floor space between or among rooms of a unit or suite.

(3)

Restaurants, bars, cocktail lounges: 850 square feet of customer space.

h.

Spacing of buildings. When more than one building or structure is erected upon a single parcel, the building lines of the buildings may not be closer at any point than 20 feet for structures with one habitable story and 30 feet if either or both buildings contain more than one habitable story.

(1)

For the spacing requirements herein contained, a building shall be deemed a separate building, subject to minimum spacing requirements, if it is architecturally or structurally independent. To constitute a single building, such building must be a single architectural and structural unit, having common walls, roof and floor.

(2)

Two or more structures shall not be deemed one building for the purpose of spacing requirements unless the provisions of this subsection are met, notwithstanding that such buildings may have a common floor or be connected by walkways or other passageways or common garages or carports.

i.

Buffering. Buffering shall be installed, as appropriate, where there is a change of use proposed or where an increase in intensity is proposed. Buffering may also be required as proper separation between residential and nonresidential land uses.

j.

Required parking. Refer to subsection 8.19D.2.

k.

All residential housing in A-1 district (does not include hotels and motels):

(1)

The use chart for the A-1 district authorizes multiple-family dwellings, one-family and two-family structures and resort housing provided that the requirements set forth in subsection 6.6F(2) are met.

(2)

Resort housing is a defined term as set forth in section 1.4 of the LDC and section 4.4 of chapter 4 of the Holmes Beach Code of Ordinances.

(3)

When the term "rented" or any derivation of that term is used in this subsection, the meaning of that term shall include the donation or offer of use of a dwelling for a charitable or non-charitable auction or other platform on which the dwelling is offered for use without full or partial compensation payable to the owner or property manager. The definition shall exclude the use of a dwelling by a relative of the owner or when the dwelling is made available to a person without direct or indirect compensation payable to the owner or property manager and not made available for use through an auction or other platform that makes the dwelling available to third parties.

l.

Special review standards. A major site and development plan for multifamily residential development at a density in excess of 9.5 units/acre in the R-3, R-4, and A-1 districts shall be approved only if the site plan:

(1)

Reflects a creative approach for development/redevelopment;

(2)

Provides more open space than that called for by the strict application of the minimum requirements of the land development regulations;

(3)

Reflects a harmonious development of the site with the surrounding areas and community facilities; and

(4)

Provides for safe and efficient internal and external traffic circulation.

G.

Residential planned unit development (PUD).

1.

Defined. A parcel to be planned and developed as a single entity containing one or more residential dwelling units. Appropriate recreational, public and semi-public uses may be included if such uses are primarily for the benefit of the residential development.

2.

Purpose and intent. The PUD district is established to encourage innovative creative designs; to insure ample provision and efficient use of open space; to promote balanced developments of mixed housing types; to promote high standards in the layouts, design and construction; to reflect a harmonious development of the site, and the surrounding areas and community facilities; and to provide for safe and efficient internal and external traffic circulation.

3.

Location. PUDs are permissible only on tracts within areas designated on the future land use map in the comprehensive plan as medium density residential and multifamily/seasonal tourist land use categories.

4.

Permitted uses.

a.

PUDs located in the medium density land use category may include any of the uses permitted in the R-1AA, R-1, R-2, R-3, R-4, POS, REC, PSP, and PRES districts.

b.

PUDs located in the multifamily/seasonal tourist land use category may include any of the uses permitted in the A-1, R-3, R-4, POS, REC, PSP and PRES districts.

c.

PUDs located within the multifamily/seasonal tourist land use category may contain limited ancillary commercial facilities as otherwise allowed in the A-1 district.

5.

Proportion of uses. Within any parcel developed as a PUD in the medium density land use category, not more than 35 percent of the total acreage may be developed for lower density residential purposes (R-1AA and R-1, as applicable), not more than 65 percent of the total acreage may be developed for medium density residential purposes (R-2, R-3 or R-4, as applicable).

6.

Submission of plans. The plans for the proposed PUD shall identify the portions of the parcel that the developer intends to develop for particular uses permitted in PUDs. The purpose of the mix of uses is to establish an attractive and well-planned development that includes appropriate proportions of the possible types of uses.

7.

Dimensional standards. The dimensional standards for PUD shall be as follows:

a.

Minimum parcel size. Three contiguous acres with a minimum frontage of 80 feet on a public street.

b.

Maximum density. No building, structure or part thereof shall be constructed, altered or used so as to result in a density in excess of ten dwelling units per gross acre of land.

c.

Maximum height. No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

d.

Maximum lot coverage. No more than 30 percent of a lot, parcel or building plot may be occupied by the building or buildings thereon.

e.

Maximum lot coverage and impervious surface coverage. No more than 40 percent of parcels or lots in this district may be covered by buildings or other impervious surfaces.

f.

Minimum yard requirements.

(1)

Measurement. Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level. If the parcel boundary is adjacent to an existing street, the minimum yard requirements in subsection g., following, will apply.

(2)

Front yard.

First habitable story level: 25 feet

Second habitable story level: 30 feet

(3)

Side yard.

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard.

First habitable story level: 15 feet

Second habitable story level: 20 feet

(5)

Waterfront.

First habitable story level: 25 feet

Second habitable story level: 30 feet

The minimum waterfront yard shall be 50 feet from the erosion control line at any riparian coastal location fronting on the Gulf of Mexico.

g.

Minimum setbacks from street line. All buildings shall be set back a minimum of 20 feet from the street line.

h.

Minimum floor area required for principal buildings. Minimum enclosed livable floor area of any dwelling, exclusive of carports, garages, breezeways, porches or terraces, shall be 900 square feet.

8.

General standards for PUDs. No application shall be approved for a PUD unless the development meets the following general standards:

a.

Consistency with the comprehensive plan. The PUD shall be consistent with the adopted plan, particularly with respect to type, character and intensity of use and public facilities.

b.

Design quality. All PUDs shall be generally superior in their design and land use plan to what would be required for similar development under conventional zoning district regulations.

c.

Environmental design. The PUD shall provide for tree protection, stormwater management, erosion controls and other environmental protection measures which are superior to the minimum standards of all applicable federal, state and city requirements. The design shall incorporate natural buffering and other natural environmental controls to the maximum extent possible.

d.

Energy efficiency. The PUD shall incorporate all feasible state-of-the-art techniques for energy-efficient site layout, site and structural design, and facilities operation.

e.

Access. All means of access to buildings shall be by public or private streets. All private streets shall consist of a minimum width of 25 feet and shall be paved. The developer shall provide appropriate documentation guaranteeing access.

f.

Circulation. All PUDs shall include a comprehensive system of pedestrian and bicycle paths which shall be coordinated with the required open space, recreational facilities and vehicular access routes.

g.

Recreation/open space requirements. Each PUD shall provide, either through dedication or reservation, recreational areas and open space in an amount equal to 0.0050 acres (217.8 square feet) per person expected to reside in that development. For purposes of this section, one-bedroom dwelling units shall be deemed to house an average of 1.4 persons, two-bedroom dwelling units shall be deemed to house an average of 2.2 persons, three-bedroom dwelling units shall be deemed to house an average of 3.2 persons and dwelling units with four or more bedrooms shall be deemed to house an average of 4.0 persons. Land to be used for recreational purposes must be determined suitable for that purpose during the site planning process.

h.

Buffering and screening. The minimum buffering and screening requirement is Type A (refer to subsection 8.5C.1).

9.

Review procedure. The procedure for review and approval of all planned unit development projects shall be as follows:

a.

Advisory meeting. The developer of a proposed PUD project shall meet with the building official prior to the preparation or submission of a site plan for the project. The purpose of this meeting shall be to discuss informally the minimum requirements and design standards for PUD projects as well as to discuss existing or proposed development which may affect, or be affected by, the proposed PUD project. For the purpose of such discussion, the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area, the proportion of uses planned and the location of the uses as reflected on the sketch plan and the general development scheme. The advisory meeting and informal review is designed to prevent unnecessary and costly revisions to the site plan application. Formal application or filing of a site plan with the building official is not required for the advisory meeting.

b.

Submission of preliminary PUD site plan application. After the advisory meeting, the developer shall submit an application to the building official along with three copies of the preliminary PUD site plan and any required supplementary material. The preliminary site plan shall reflect the standards of design set forth in this ordinance for PUD projects and other information deemed necessary by the building official. The information required for site plan review pursuant to this ordinance shall be considered the minimum format required for a PUD site plan. The building official shall comment on the application as submitted and make a recommendation to the city commission attaching any proposed conditions deemed necessary.

c.

Action by city commission on preliminary PUD site plan. The commission shall review the site plan of a proposed PUD in regard to its design and compatibility with surrounding uses, major streets and regulations of the PUD provisions of this ordinance. The commission shall especially consider the effect of the proposed project on existing and anticipated land use patterns, traffic circulation and community services and facilities. The commission may also require revised or additional plans, data or drawings of the proposed development when necessary to the review procedure. The commission shall also consider the recommendation and conditions of the building official. Since a PUD is inherently more complex than individual lot development and because each such development must be tailored to the topography and neighboring uses, the requirement for such development must be flexible. The commission may therefore consider any reasonable conditions or stipulations necessary to ensure that there shall be no departure from the intent of this ordinance.

The city commission shall approve, disapprove, or approve subject to modifications, stipulations or conditions the PUD site plan. If approved, the city commission shall express its approval as conditional approval and state the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefore. If a site plan is disapproved, reasons for such disapproval shall be stated in writing on the records of the city commission and a statement in writing of such grounds of disapproval shall be furnished to the developer. If approved subject to modifications or conditions, the nature of the required modifications or conditions shall also be indicated in writing on the records of the city commission and furnished to the developer. One copy of the preliminary site plan shall be returned to the developer, one copy shall be filed with the building official and the other copy retained by the city commission. Approval of the preliminary site plan shall not constitute acceptance of the final PUD plan. The approval of the preliminary site plan shall lapse unless a final site plan based thereon is submitted within 180 days from the date of such approval. An extension for a 180-day period may be applied for by the developer and granted by the city commission for good cause.

d.

Amendment of zoning district. If the parcel proposed for PUD site plan approval is not zoned PUD, the developer must submit an application for rezoning in accordance with the procedures contained in this ordinance simultaneously with the preliminary PUD site plan application. The preliminary site plan may be approved at the public hearing on the rezone request.

e.

Submission of final PUD site plan approval. After receiving written authorization by the city commission to prepare a final site plan and after completion of all the required improvements and conditions or the posting of a surety bond or certified check to assure such completion, the developer may submit an application requesting final approval of the PUD project. The developer shall submit an application along with three copies of the final PUD site plan and any necessary supplementary material to the building official. In addition, the developer shall submit one reproducible copy of the final site plan. The final site plan shall conform substantially to the approved preliminary site plan and, if desired by the developer, it may constitute only that portion or phase of the approved project which the developer proposes to develop at the time; provided, however, that such portion conforms to all requirements of this ordinance. The final site plan shall reflect all special conditions and stipulations to which the preliminary site plan was subject, if same are still applicable, as well as the applicable data and information required for final PUD site plan approval.

f.

Action by city commission on final PUD site plan. Upon receipt of the final site plan application and required supplementary material, the commission shall review the site plan for its completeness and adherence to the preliminary site plan and attached stipulations and conditions, if any. If the final site plan is substantially in accordance with the approved preliminary site plan, fulfills all attached stipulations and conditions, is complete and reflects all of the required certifications, the commission may approve the final site plan. Such commission approval shall be indicated on the final site plan by the mayor and the chairman of the commission signing a certificate of approval for recording. If the mayor does not sign such certificate within ten business days immediately following commission approval, signature of the chairman of the commission alone on such certificate shall be deemed sufficient for all purposes. If the final site plan is disapproved, the grounds for disapproval shall be stated in the records of the commission and a statement in writing of such grounds of disapproval shall be furnished to the developer. Approval by the commission shall not constitute acceptance by the public of the dedication of any street or other public way. When the final site plan has been approved by the commission, the original and one copy shall be returned to the developer with the approval of the commission certified thereon for filing with the city clerk for record.

Another certified copy shall be retained by the city commission for any necessary action on any proposed dedication or similar matter, and one certified copy shall be filed with the building official.

10.

Coordination with subdivision regulations and site plan requirements. All preliminary and final PUD plans submitted under this section shall conform to the requirements of article III, division 4 for preliminary and final subdivision plats, respectively, where the planned development involves the subdivision of land. Where no subdivision of land is involved, such PUD site plans shall conform to the requirements for site plans of this ordinance. Preliminary and final PUD site plans involving subdivisions should be processed simultaneously with the respective preliminary and final subdivision plats. In connection with the approval of any plats involved in a planned development, the requirements of the subdivision regulations may be waived or modified where such waiver or modification would be consistent with the purposes and standards of this section. All actions of the city commission pertaining to PUDs shall be based upon a recommendation of the building official.

H.

Commercial districts.

1.

C-1 zoning district.

Purpose and intent. This zoning district is intended for office locations for the provision of personal, professional and business services to the community's residents, businesses and visitors. In addition, this district provides for essential services, temporary uses and accessory uses as may be necessary or normally compatible with uses allowable within the district. This district implements the commercial land use category as set forth in the comprehensive plan.

2.

C-2 zoning district.

Purpose and intent. This zoning district is intended to provide locations for professional offices, retail businesses and personal and business services serving the day-to-day needs of local residents, businesses and visitors to the community. In addition, this district provides for essential services, temporary uses and accessory uses as may be necessary or normally compatible with uses allowable within the district. This district implements the commercial land use category as set forth in the comprehensive plan.

3.

C-3 zoning district.

Purpose and intent. This zoning district is intended as the most intensive commercial district in the city. In addition to allowing offices, retail and service businesses, it provides locations for automotive- and marine-related businesses and other commercial activities more intensive in nature than those associated [with] retail sales and the provision of personal and business services to the general public. In addition, this district provides for essential services, temporary uses and accessory uses as may be necessary or normally compatible with uses allowable within the district. This district implements the commercial land use category as set forth in the comprehensive plan.

a.

Use regulations for commercial districts are as follows:

P — Principal Permitted Use

SE — Special Exception Note (4)

- — Not Permitted

Notes:

(1)

Family day care homes are exempt pursuant to F.S. § 125.0109.

(2)

Refer to subsection 6-8(b), chapter 6, Alcoholic Beverages, in the city's Code of Ordinances for specific regulations applicable to bars, cocktail lounges and nightclubs.

(3)

The special exception process shall be required to determine the location and use of microphones, loudspeakers or amplifiers in outdoor dining and outdoor recreation activity areas as accessory uses to approved restaurants with outdoor seating for dining.

(4)

Site plan review required for approval of all special exception uses in compliance with section 3.9, Special exception uses.

(5)

Refer to section 6.7X for additional regulations related to supplemental parking on commercially zoned parcels.

(6)

Refer to sections 6.7 and 6.8 for additional regulations that may apply to permitted, special exception, temporary and/or accessory uses.

3.

Development standards for C-1, C-2, and C-3 zoning districts.

a.

Maximum height of buildings: No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

b.

Maximum lot coverage and impervious surface coverage: No more than 70 percent of commercial parcels or lots may be covered by impervious surface.

c.

Minimum setback requirements:

(1)

Measurement: Minimum setback requirements are to be measured from the property line to the nearest building wall or other vertical structure.

(2)

Front setback: 25 feet.

(3)

Side setback: Ten feet except where the adjacent district is zoned residential, the side setback will be 30 feet.

(4)

Rear setback: 15 feet except where the adjacent district is zoned residential, the rear setback will be 30 feet when the property exceeds 140 feet in depth.

d.

Minimum floor area required for principal buildings: Exclusive of carports, garages, breezeways, porches or terraces, 850 square feet.

e.

Manatee habitats: Marinas are prohibited in designated manatee habitats.

I.

Reserved.

J.

Reserved.

K.

Recreation/open space districts.

1.

POS, private recreation/open space district.

a.

Purpose and intent. The purpose of this district is to provide for privately owned open space that is designed and/or improved for recreational use by the residents of a particular development or project. This district implements the recreation/open space land use category as set forth in the comprehensive plan.

b.

Location. Private recreation open space may be located on or off the development site but shall be reasonably accessible to all dwelling units therein.

c.

Permitted uses. Land designated as private recreation open/space shall be suitable for active and passive recreational use and may, subject to site plan review, include the following:

(1)

Parks

(2)

Playgrounds

(3)

Tot lots

(4)

Golf courses

(5)

Beach frontage

(6)

Nature trails

(7)

Lakes

(8)

Bikeways

(9)

Recreational clubhouses

(10)

Swimming pools

(11)

Tennis courts

(12)

Similar facilities

2.

REC, public recreation/open space district.

a.

Purpose and intent. The purpose of this district is to provide for and recognize existing open space lands designed and/or improved for recreational use by the residents of the city and citizens from surrounding areas. This district implements the recreation/open space land use category as set forth in the comprehensive plan.

b.

Permitted uses. Land designated as public recreation open/space shall be suitable for active and passive recreational use and may include the following:

(1)

Parks

(2)

Playgrounds

(3)

Tot lots

(4)

Reserved

(5)

Beach frontage

(6)

Nature trails

(7)

Lakes

(8)

Bikeways

(9)

Reserved

(10)

Swimming pools

(11)

Tennis courts

(12)

Public roads and rights-of-way

(13)

Transportation corridor related uses such as but not limited to stormwater, bike paths, sidewalks, etc.

(14)

Vehicular parking as an accessory use

(15)

Wildlife, natural, and conservation areas

(16)

Similar facilities

c.

Access to REC facilities by the economically disadvantaged. Where fees are to be paid by members of the public to use any such public facility as a public recreational facility, the city commission shall determine those fees charged so as to enable the facility to maintain itself while not making a considerable profit at public expense.

3.

Development standards for the POS and REC zoning districts.

a.

Minimum parcel size for certain physical facilities. A clubhouse, swimming pool, tennis court, restroom facility or similar facility or structure may be constructed on a lot or parcel in the POS zoning district only if such lot or parcel encompasses at least one acre in land area, except:

(1)

Such above referenced facility(ies) may be constructed on a lot or parcel of less than one acre in land area provided the facility is for the sole use by the owner or tenant of an adjacent lot or parcel on which is located a single-family or duplex residential structure.

b.

Maximum height of buildings. No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

c.

Maximum lot coverage and impervious surface coverage. Not more than 70 percent of nonresidential parcels or lots may be covered by buildings or other impervious surfaces, except that in the REC district public roads and rights-of-way shall not be included in the calculation of impervious surface coverage.

d.

Minimum yard requirements.

(1)

Measurement.

(a)

Minimum yard requirements are to be measured from the property line to the nearest building wall or other vertical structure. Portions of structures below the first habitable story level, and structures with the first floor elevation lower than that required to qualify as habitable space, shall be subject to the same minimum yard requirements as those for the first habitable story level.

(b)

In the case of an accessory building, structure, or use where a publicly owned alleyway exists adjacent to the property, measurement shall be taken from the center of the alleyway to the accessory building, structure, or use.

Prior to constructing or erecting any accessory building or structure or commencing any accessory use for which the setback is to be measured from the center of a publicly owned alleyway, the property owner shall provide a sealed survey showing the property boundary and the centerline of the alley, along with a sketch showing the proposed location of the accessory building, structure, or use, to the building department for review and approval by the building official.

(c)

In no case may any portion of any accessory building, structure, or use encroach in any publicly owned alleyway.

(2)

Front yard.

First habitable story level: 25 feet

Second habitable story level: 30 feet

(3)

Side yard.

First habitable story level: 10 feet

Second habitable story level: 15 feet

(4)

Rear yard.

First habitable story level: 15 feet

Second habitable story level: 20 feet

(5)

Waterfront—Bay.

(6)

Waterfront—Canal. Regardless of whether the canal is front, side, or rear:

First habitable story level: 25 feet

Second habitable story level: 30 feet

(7)

Waterfront—Gulf of Mexico. The minimum waterfront yard shall be 50 feet from the erosion control line at any riparian coastal location.

(8)

[Requests for modification.] Applicants may request modification of these required yards during site plan review provided the applicant provides evidence justifying the modification.

e.

Coastal hazard mitigation. Development in this zoning district shall comply with all floodplain management regulations included in this ordinance and any other federal, state or local regulations to which the property may be subject.

f.

Buffering. Buffering or screening shall be required to separate incompatible recreational activities or land uses. Land designated as recreation/open space will require adequate buffering or screening to separate such property from adjacent and/or incompatible land uses.

g.

Landscaping and protection of natural vegetation. Appropriate landscaping of recreation/open space areas shall be required as part of the site plan review process. Natural vegetation occurring on recreation/open space property shall be protected whenever possible. Where such protection is not feasible due to the proposed use of the property, during site plan review or other approval or review process in conjunction with the proposed new development or redevelopment, the building official may require additional plantings of native vegetation in alternate locations to replace those to be removed.

h.

Parking facilities for handicapped and cyclists at parks and other recreational facilities. Parking facilities shall be provided at parks and other recreational facilities for the handicapped and for cyclists as set forth in the parking regulations in this ordinance.

i.

Access to park and recreational facilities and services. Access to park and recreational facilities and services shall be provided for the elderly and handicapped, wherever possible. If the recreation/open space is being provided in accordance with the requirements for a new residential development or redevelopment as provided herein, any site plan submitted shall show the manner of access to such facilities by the elderly and handicapped.

j.

Signage. Any sign to be located on property designated as recreation/open space shall require the approval of the city commission prior to the issuance of a permit with the fee for such sign to be set by the city commission. It shall determine the conditions to which the sign will be subject, the dimensions of the requested sign and any other applicable matters.

k.

Limitations on the use of allowed clubhouse facilities. Clubhouses shall be limited to day use and shall not contain sleeping quarters or other overnight accommodations. Clubhouses may contain meeting rooms, banquet and eating facilities, bars, locker rooms, pro shops and similar facilities appropriate for the club's intended use.

L.

PRES, preservation district.

1.

Purpose and intent. This zoning district is intended to implement the preservation land use category, as set forth in the comprehensive plan, by preserving areas in the city that are considered vital for the maintenance and recharge of water resources; exhibit valuable topographic or subsurface features; or are of significant environmental or ecological importance (for example, coastal beach soils).

2.

Prohibition of development. Areas designated as PRES may not be developed and must be kept in their natural state.

3.

Property subject to recurring major hurricane damage from storm surge. The city shall attempt to publicly acquire and designate as preservation, where financially feasible, property that has experienced recurring major hurricane damage from storm surge. Such designation is intended, in accordance with the comprehensive plan, to prevent redevelopment of the property to its prehurricane land use.

4.

Signage. Any sign to be located on property designated as preservation shall require the approval of the city commission prior to the issuance of a permit with the fee for such sign to be set by the city commission. It shall determine the conditions to which the sign will be subject, the dimensions of the requested sign and any other applicable matters.

M.

CON, conservation district.

1.

Purpose and intent. This zoning district is intended to implement the conservation land use category, as set forth in the comprehensive plan, by providing for low intensive preservation, conservation and recreation uses that require the retention of an essential natural landscape with the predominant surface cover being vegetated and permeable.

2.

Allowable uses and development standards.

a.

Passive open space use. Areas developed as passive open space, which may include such physical development as raised boardwalks, nature trails and limited parking and restroom facilities, shall comply with the regulations and standards herein contained for recreation/open space districts, except that the combination of buildings and other impervious surfaces shall not exceed 20 percent of the lot or parcel.

b.

Residential use. Areas may be developed as residential under the following conditions:

(1)

Development is limited to a density of one dwelling unit per acre of land.

(2)

All other standards and requirements for the R-1AA district, which are not incompatible with this section or other requirements of the city commission, must be met.

(3)

No shoreline development is permitted if it will adversely impact marine fisheries' habitats.

N.

PSP, public/semi-public district.

1.

Purpose and intent. This zoning district is intended to implement the public/semi-public land use category, as set forth in the comprehensive plan, by recognizing identifiable areas of the community which support public, municipal and semi-public centers, community services and facilities including houses of worship and schools, both public and private.

2.

Allowable uses.

a.

Public, municipal and semi-public centers.

b.

Community services and facilities

c.

Houses of worship.

d.

Public and private schools.

3.

Development standards.

a.

Maximum height of buildings: No building, structure or part thereof shall exceed a total height of 36 feet above the crown of the street as measured at the front center of the property. See section 6.8C for additional height limitations and exemptions.

b.

Maximum lot coverage and impervious surface coverage: No more than 70 percent of nonresidential parcels or lots may be covered by impervious surface.

c.

[Site plan review and approval.] Any development or redevelopment shall be subject to site plan review and approval by the city commission.

O.

MXD, mixed-use overlay district.

1.

Purpose and intent. The MXD district is intended to promote redevelopment and enhance the opportunity for a more vibrant community center by providing a vehicle for development of a variety of residential uses and nonresidential uses in mixed-use planned developments. These developments must contain a mix of residential and nonresidential uses. The latter category includes retail, personal and business services, offices, institutional uses, tourist related uses; and public; semi-public; or recreational uses. Development in the MXD must be developed in accordance with the following provisions:

2.

Applicability. The MXD district is an optional set of regulations that may be voluntarily employed in the development of lands located within geographic limits of the mixed-use overlay area shown on the future land use map of the comprehensive plan.

a.

If the applicant should choose not to develop under these optional regulations, all regulations of the underlying zoning shall apply.

b.

Should the applicant choose to develop under these optional regulations, the applicant must:

(1)

Include in the development application a written statement that the applicant chooses to develop under the optional MXD regulations and understands that:

(a)

The decision to develop under these regulations runs with the land, and that

(b)

Compliance with the MXD district regulations is required as long as the property utilizes the MXD district regulations to legitimize its plan of development.

(2)

Submit the development application as a mixed-use planned development (MUPD) in accordance with, and to be reviewed under, the requirements and provisions of subsection 5. of this section.

(3)

Comply with all regulations of the MXD district as well as such regulations of the underlying district where such regulations do not conflict with the MXD district regulations.

3.

Allowable uses.

a.

All uses listed as permitted or special exception uses in the underlying zoning district shall be permitted equally in the MXD district, and such uses shall be subject to all conditions, requirements or limitations applicable to such use in the underlying zoning district, except as may otherwise be set forth in this section.

b.

Residential and resort housing uses provided the following conditions are met:

(1)

All residential and resort housing units are located on the second and/or third floors above ground floor commercial, public, semi-public, or recreational use(s).

(2)

The maximum allowable density for residential and resort housing is ten dwelling units per acre.

(3)

The gross square footage of all residential, resort housing, and transient or seasonal tourist lodging facilities on the property does not exceed 50 percent of the gross floor area of all uses in the development.

c.

Transient or seasonal tourist lodging (hotels, motels, time sharing, and onshore lodging) offering occupancy periods of less than one month, provided the following conditions are met:

(1)

Such units are located on the second and/or third floors above ground floor commercial, public, semi-public, or recreational use(s)

(2)

In accordance with limitations on density in the city's comprehensive plan, maximum allowable density for transient or seasonal tourist lodging facilities is 14 units per acre for units containing only one room suitable for sleeping purposes, and 12 units per acre for units with more than one room suitable for sleeping purpose, as such room is defined in subsection 6.6F.3.b(4) of the LDC.

(3)

In accordance with the comprehensive plan, when developed at a density greater than ten seasonal tourist units per acre, buffering shall be provided to protect adjoining residential uses.

(4)

The gross square footage of transient or seasonal tourist lodging facilities combined with the square footage of residential and resort housing units, does not exceed 50 percent of the gross floor area of all uses in the development.

(5)

For the purposes of this section, a room suitable for sleeping purposes includes the main living area of a unit and all separate bedrooms, dens, lofts, offices or similar spaces, but excludes bathrooms, laundry rooms, and stand-alone kitchen areas.

4.

Development standards.

a.

All development within the MXD district shall be subject to the development standards of the underlying zoning district except as otherwise set forth in this section.

b.

Development within the MXD district is limited to lots or parcels of 5,000 square feet or greater.

c.

Each residential or resort housing unit shall be provided with convenient pedestrian access from the public way to the entrance of the unit.

d.

For parking purposes resort housing, hotels, motels and time sharing uses are considered nonresidential uses and shall provide parking in accordance with the requirements of subsection 8.19.2.b.

e.

The minimum off-street parking requirement for each residential unit shall be one parking space plus one space for each bedroom in excess of one.

f.

Each residential or resort housing dwelling unit shall be provided at least one parking space that is conveniently located to the unit it is intended to serve. This parking space shall be clearly marked and identified as being reserved, on a 24-hour basis, only for occupants of the residential or resort housing unit.

5.

Review procedures for a mixed-use planned development (MUPD). The procedure for review of all MUPDs shall be as follows:

a.

Advisory meeting. The developer of a proposed MUPD project shall meet with the building official prior to the preparation or submission of a site plan for the project. The purpose of this meeting shall be to discuss informally the minimum requirements and design standards for MUPD projects as well as to discuss existing or proposed development which may affect, or be affected by, the proposed MUPD project.

(1)

For the purpose of such discussion, the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area, the proportion of uses planned and the location of the uses as reflected on the sketch plan and the general development scheme.

(2)

The advisory meeting and informal review is designed to prevent unnecessary and costly revisions to the site plan application. Formal application or filing of a site plan with the building official is not required for the advisory meeting.

b.

Submission of preliminary MUPD site plan application. After the advisory meeting, the developer shall submit an application to the building official along with three copies of the preliminary MUPD site plan and any required supplementary materials.

(1)

The preliminary site plan shall reflect the standards of design set forth in this ordinance for MUPD projects and other information deemed necessary by the building official. The information required for site plan review pursuant to this ordinance shall be considered the minimum format required for a MUPD site plan.

(2)

The building official shall comment on the application as submitted and make a recommendation to the city commission attaching any proposed conditions deemed necessary.

c.

Action by city commission on preliminary MUPD site plan. The commission shall review the site plan of a proposed MUPD in regard to its design and compatibility with surrounding uses, major streets and regulations of the MUPD provisions of this ordinance.

(1)

The commission shall especially consider the effect of the proposed project on existing and anticipated land use patterns, traffic circulation and community services and facilities.

(2)

The commission may also require revised or additional plans, data or drawings of the proposed development when necessary to the review procedure.

(3)

The commission shall also consider the recommendation and conditions of the building official. Since an MUPD is inherently more complex than development of a single use individual lot, the city commission may require any reasonable conditions or stipulations necessary to ensure that there shall be no departure from the intent of this ordinance.

(4)

The city commission shall approve, disapprove, or approve subject to modifications, stipulations or conditions the MUPD site plan.

(a)

If approved, the city commission shall express its approval as conditional approval and state the conditions of such approval, if any, or

(b)

If disapproved, shall express its disapproval and its reasons therefore in writing on the records of the city commission and a statement in writing of such grounds of disapproval shall be furnished to the developer,

(c)

If approved subject to modifications or conditions, the nature of the required modifications or conditions shall also be indicated in writing on the records of the city commission and furnished to the developer,

(d)

One copy of the preliminary site plan shall be returned to the developer; one copy shall be filed with the building official; and, another copy shall be retained by the city commission,

(e)

Approval of the preliminary site plan shall not constitute acceptance of the final MUPD plan. The approval of the preliminary site plan shall lapse unless a final site plan based thereon is submitted within 180 days from the date of such approval. An extension for a 180-day period may be applied for by the developer and granted by the city commission for good cause.

d.

Submission of final MUPD site plan approval. After receiving written authorization by the city commission to prepare a final site plan and after completion of all the required improvements and conditions or the posting of a surety bond or certified check to assure such completion, the developer may submit an application requesting final approval of the MUPD project.

(1)

The developer shall submit an application along with three copies of the final MUPD site plan and any necessary supplementary material to the building official.

(2)

In addition, the developer shall submit one reproducible copy of the final site plan.

(a)

The final site plan shall conform substantially to the approved preliminary site plan and, if desired by the developer, it may constitute only that portion or phase of the approved project which the developer proposes to develop at the time; provided, however, that such portion conforms to all requirements of this ordinance.

(b)

The final site plan shall reflect all special conditions and stipulations to which the preliminary site plan was subject, if same are still applicable, as well as the applicable data and information required for final MUPD site plan approval.

e.

Action by city commission on final MUPD site plan. Upon receipt of the final site plan application and required supplementary material, the commission shall review the site plan for its completeness and adherence to the preliminary site plan and attached stipulations and conditions, if any.

(1)

If the final site plan is substantially in accordance with the approved preliminary site plan, fulfills all attached stipulations and conditions, is complete and reflects all of the required certifications, the commission may approve the final site plan.

(a)

Such commission approval shall be indicated on the final site plan by the mayor and the chairman of the commission signing a certificate of approval for recording.

(b)

If the mayor does not sign such certificate within ten business days immediately following commission approval, signature of the chairman of the commission alone on such certificate shall be deemed sufficient for all purposes. If the final site plan is disapproved, the grounds for disapproval shall be stated in the records of the commission and a statement in writing of such grounds of disapproval shall be furnished to the developer.

(c)

Approval by the commission shall not constitute acceptance by the public of the dedication of any street or other public way.

(d)

When the final site plan has been approved by the commission, the original and one copy shall be returned to the developer with the approval of the commission certified thereon for filing with the city clerk for record. Another certified copy shall be retained by the city commission for any necessary action on any proposed dedication or similar matter, and one certified copy shall be filed with the building official.

6.

Coordination with subdivision regulations and site plan requirements.

a.

All preliminary and final MUPD plans submitted under this section shall conform to the requirements of article III, division 4 for preliminary and final subdivision plats, respectively, where the planned development involves the subdivision of land.

b.

Where no subdivision of land is involved, such MUPD site plans shall conform to the requirements for site plans of this ordinance. Preliminary and final MUPD site plans involving subdivisions should be processed simultaneously with the respective preliminary and final subdivision plats.

c.

In connection with the approval of any plats involved in an MUPD, the requirements of the subdivision regulations may be waived or modified where such waiver or modification would be consistent with the purposes and standards of this section. All actions of the city commission pertaining to MUPDs shall be based upon a recommendation of the building official.

(Ord. No. 07-04, § 2(Exh. A), 3-27-07; Ord. No. 09-06, §§ 5, 6, 11-10-09; Ord. No. 10-06, §§ 6, 13—15, 10-26-10; Ord. No. 11-09, §§ 3—5, 9-13-11; Ord. No. 12-07, §§ 2—7, 10-23-12; Ord. No. 13-03, §§ 2, 4, 4-9-13; Ord. No. 13-05, §§ 2—9, 4-9-13; Ord. No. 14-14, 2, 8-12-14; Ord. No. 15-12, §§ 3—5, 9-8-15; Ord. No. 15-19, §§ 4—6, 11-10-15; Ord. No. 17-11, §§ 4—10, 10-10-17; Ord. No. 18-05, §§ 3A—6, 3-1-18; Ord. No. 18-07, §§ 2, 3, 4-10-18; Ord. No. 21-18, § 3, 9-28-21; Ord. No. 22-13, § 2, 8-24-22; Ord. No. 24-10, § 3, 8-27-24; Ord. No. 25-02, § 4, 2-11-25)

Editor's note— Ord. No. 13-03, § 4, adopted January 22, 2013, enacted provisions intended for use as subsection 6.6C.3.g. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection 6.6C.3.l.