DISTRICT DESIGNATION AND REGULATIONS
For the purposes of protecting, promoting and improving the public health, safety and general welfare of the community and in order to regulate the location of buildings, the height and size of buildings hereafter erected or structured, the setbacks and other open space requirements, the city is hereby divided into the following zoning districts, together with the appropriate land use categories as defined in the comprehensive plan:
(1)
Single-family residential zoning district—S.
a.
Definition; purpose and intent. The S, single-family residential district provides for single-family residential development located where lower density single-family uses are desirable. The S, single-family residential district, correlates with the residential urban (RU) category of the countywide plan. Essential services and public facilities compatible with this residential district are also provided. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the S, single-family residential district are as follows:
1.
Dwelling, single-family detached.
2.
Public education facilities of the school board.
3.
Assisted living facilities and family care homes with six or fewer residents.
c.
Accessory uses. The accessory uses in the S, single-family residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools and cabanas.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the S, single-family residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
e.
Minimum building site area requirements. The minimum building site area requirements in the S, single-family residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Minimum width: 50 feet.
iii.
Minimum depth: 80 feet.
iv.
Density: The maximum density is seven and one-half single-family dwelling units per acre.
v.
Minimum unit size: One-story dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces.
vi.
Residential equivalent use shall not exceed three beds per dwelling unit with 7.5 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the S district:
1.
Front yard: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots: 25 feet for single-family and 20 feet for duplex measured from the center of the seawall.
ii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iii.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard: Total side setback of 15 feet with a minimum of seven feet on either side.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Floor area ratio. There is no floor area ratio in the S single-family residential district for residential uses. The maximum floor area ratio for non-residential uses is 0.40.
i.
Impervious surface ratio (ISR). There is no maximum impervious surface ratio (ISR) in the S, single-family residential district. The maximum impervious surface ratio for non-residential uses is 0.65.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(2)
Medium density residential zoning district—RM1.
a.
Definition; purpose and intent. The RM-1, medium density residential district provides for medium density single-family and two-family residential dwellings and correlates with the residential medium (RM) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the RM-1, medium density residential district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached (duplex).
3.
Assisted living facilities and family care homes with six or fewer residents.
4.
Public education facilities of the school board.
c.
Accessory uses. The accessory uses in the RM-1, medium density residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools and cabanas.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the RM-1, medium density residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
e.
Minimum building site area requirements. The minimum building site area requirements in the RM-1, medium density duplex residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family: 5,808 square feet.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is seven and one-half units per acre for single-family dwelling units and 15 units per acre for duplexes.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the RM-1, medium density duplex residential district:
1.
Front yard setback for both single-family and duplex: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots: 25 feet for single-family and 20 feet for duplex measured from the center of the seawall.
ii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iii.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard: Total side setback of 15 feet with a minimum of seven feet on either side for both single-family and duplex residential.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. There is no floor area ratio in the RM-1, medium density duplex residential district for residential uses. The maximum floor area ratio for non-residential use is 0.50.
i.
Impervious surface ratio (ISR). There is no impervious surface ratio (ISR) in the RM-1, medium density duplex residential district. The maximum impervious surface ratio for non-residential use is 0.75.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(3)
Medium density multifamily residential zoning district—RM2.
a.
Definition; purpose and intent. The RM-2, medium density three or more units, multifamily residential dwelling district provides for medium density development. The RM-2, medium density multifamily residential district correlates with the residential medium (RM) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the RM-2, medium density multifamily residential district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Planned unit developments.
5.
Public educational facilities.
6.
Assisted living facilities and family care homes with seven to 14 residents.
c.
Accessory uses. The accessory uses in the RM-2, medium density multifamily residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the RM-2, medium density residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
6.
Community residential homes.
e.
Minimum building site area requirements. The minimum building site area requirements in the RM-2, medium density multifamily residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family (duplex): 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 8,712 square feet for the first three units and 2,904 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is 15 dwelling units per acre.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the RM-2, medium density residential district:
1.
Front yard setback for single-family, duplex and multifamily in the RM-2 district is 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots for single-family: 25 feet measured from the center of the seawall.
ii.
Waterfront lots for duplex and multifamily: 20 feet measured from the center of the seawall.
iii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iv.
Non-waterfront lots for multifamily dwelling:
a)
With an alley: five feet
b)
With no alley: 15 feet
v.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: Total side setback of 15 feet with a minimum of seven feet on either side.
ii.
For buildings that exceed 25 feet in height feet above pilings: Total side setback of 20 feet with a minimum of ten per side.
4.
Corner lots: If the property is a corner lot (fronts on two bisecting streets), the side setback shall be a minimum of 15 feet on the street and a minimum of ten feet on the other side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. There is no maximum floor area ratio in the RM-2, medium density residential district for residential uses. The maximum floor area ratio for non-residential uses is 0.50.
i.
Impervious surface ratio (ISR). There is no maximum impervious surface ratio (ISR) in the RM-2, medium density residential district for single-family and duplex.
The maximum impervious surface ratio (ISR) for multifamily is 0.70.
The maximum impervious surface ratio for non-residential uses is 0.75.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(4)
Professional office zoning district—P1.
a.
Definition; purpose and intent. The P-1, professional office district, encourages office buildings of high character and attractive surroundings with types of uses and exterior indication of these uses so controlled as to be compatible with single-family or multiple-family dwellings conveniently located within or adjacent to the district. When used with the R/OG and R/O/R land use plan categories, the use of parcels for single-use purposes is discouraged. P-1 is intended for location in or bordering low or medium density single-family residential or multifamily zoning districts. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P-1, professional office district are as follows:
1.
Professional offices.
2.
Medical clinics.
3.
Studios (e.g., art, dance and photography).
4.
Dwelling, single-family detached.
5.
Dwelling, two-family attached (duplex).
6.
Dwelling, multifamily attached.
7.
Financial services.
8.
Public educational facilities.
9.
Bed and breakfast establishments in accordance with section 110-592.
c.
Accessory uses. The accessory uses in the P-1, professional office district are as follows:
1.
Private garages.
2.
Other accessory uses customarily incidental to permitted or special exception uses.
3.
Parking lots.
d.
Special exception uses. There are no special exception uses in the P-1 zoning district.
e.
Minimum building site area requirements. The minimum building site area requirements in the P-1, professional office district are as follows:
1.
Lot size:
i.
Office: 7,200 square feet.
ii.
Single-family: 5,808 square feet.
iii.
Two-family (duplex): 5,808 square feet.
iv.
Multifamily: 8,712 for the first three units and 2,904 for each additional unit.
2.
Density: The maximum density for single-family dwellings in 7.5 units per acre. The maximum density duplex and multifamily dwellings is 15 units per acre.
3.
Minimum unit size: 200 square feet exclusive of garage, carport or open space.
4.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the P-1 professional office district:
1.
Front yard: Setback for all structures in the P-1 zone is 25 feet.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
3.
Side yard:
i.
For single-family, duplex or multifamily in the P-1 zone the side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For professional office the side yard setback is a total of 20 feet with a minimum of ten feet on one side.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the P-1 zone for professional offices and non-residential use is 0.40.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio in the P-1 zone for professional offices and non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(5)
High density commercial tourist zoning district—CT.
a.
Definition; purpose and intent. The CT, [commercial tourist] district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT commercial tourist district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
b.
Permitted uses. The permitted uses in the CT, high density commercial tourist district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
c.
Accessory uses. The accessory uses in the CT, commercial tourist district are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the CT, commercial tourist district:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly-owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT, commercial tourist district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family, duplex: 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first four units and 1,452 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the CT district:
1.
Front yard setback in CT zoning is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Rear yard for hotel, motel, motor lodge and multifamily:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
3.
Rear yard for single-family and duplex:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
4.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard and the other side setback shall be the minimum as calculated based on height and width of the building.
5.
Minimum rear setback on a north/south street: 20 feet.
6.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
7.
Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard. Generally, this area is found south of Central Avenue.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT—commercial tourist district is 0.50 for hotels, motels, motor lodges and non-residential uses. There is no maximum floor area ratio for single-family, duplex, or multifamily in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT zone for hotel, motel, multifamily structures and non-residential uses is 0.70. There is no impervious surface ratio for single-family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(6)
Business zoning district—B.
a.
Definition; purpose and intent. The purpose of this district is to provide for retail shopping areas. The B, business district correlates with the CG, commercial general category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
b.
Permitted uses. The permitted uses in the B, business district are as follows:
1.
Retail and personal services.
2.
Business and financial service uses.
3.
Offices.
4.
Service stations.
5.
Restaurants.
6.
Public land and buildings.
7.
Dwelling, single-family on the floors above commercial.
8.
Dwelling, two-family on the floors above commercial.
9.
Dwelling, multifamily on the floors above commercial.
10.
Hotels, motels and motor lodges.
11.
Bed and breakfast establishments in accordance with section 110-592.
12.
Mixed use of commercial and residential.
13.
Temporary lodging use.
14.
Craft/microbrewery, winery, or distillery.
15.
Paid parking lots shall be a permitted use solely in the business district triangle overlay zone.
c.
Accessory uses. The accessory uses in the B, business district are as follows:
1.
Parking lots.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Certain portions of outdoor dining establishments allowing dogs.
5.
Home occupations.
d.
Special exception uses. First-floor residential use.
e.
Minimum building site area requirements.
1.
The minimum building site area requirements in the B, business district is 5,808 square feet.
2.
The number of businesses on a lot shall be regulated by sections 110-371 through 110-377 and chapter 86. Where a platted lot exists as of February 1, 1983, having an area of less than 5,808 square feet, that actual area shall be considered the minimum lot size requirement for that lot.
3.
Density: The maximum density is 18 units per acre for permanent dwelling units and 15 units per acre for temporary lodging.
4.
Minimum unit size: 200 square feet of area exclusive of garage, carport, or open space.
5.
Residential equivalent use shall not exceed three beds per dwelling unit with 18 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the B, business district:
1.
Front yard setback in B zoning is 25 feet measured from the property line.
i.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard as measured from the property line, unless elsewhere provided.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
iii.
Minimum rear setback on a north/south street 20 feet
3.
Side yard:
i.
Total side setback of 20 feet with a minimum of ten [feet] per side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side setback shall be a minimum of 15 feet on the street and a minimum of ten feet on the other side.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. Maximum floor area ratio in the B business district for non-residential use is 0.55.
i.
Impervious surface ratio (ISR). Maximum impervious surface ratio (ISR) in the B business district for non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(7)
Neighborhood mixed use zoning district—NMU.
a.
Definition; purpose and intent. The purpose of the neighborhood mixed use district is to provide for a mixture of medium density dwellings. The district also allows for low intensity office and neighborhood-type commercial uses. When used with the R/O/R land use plan categories the use of parcels for single-use purposes is discouraged. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the NMU, neighborhood mixed use district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Professional/medical offices.
5.
Retail and personal services
6.
Financial services (Institutions qualified under state and federal bonding regulations).
7.
Bed and breakfast establishments in accordance with section 110-592.
c.
Accessory uses. The accessory uses in the NMU, neighborhood mixed use district are as follows:
1.
Private garages.
2.
Other accessory uses customarily incidental to permitted or special exception uses.
3.
Parking lots.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the NMU, neighborhood mixed use district:
1.
Public buildings.
2.
Essential services.
3.
Churches, synagogues or other homes of worship.
4.
Publicly-owned parks or recreation areas.
e.
Minimum building site area requirements. The minimum building site area requirements in the NMU, neighborhood mixed use district are as follows:
1.
Lot size: Minimum lot size in NMU is 5,808 square feet.
i.
Single-family: 5,808 square feet.
ii.
Two-family (duplex): 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 8,712 square feet for the first three units and 2,904 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is 15 units per acre for both permanent dwelling units and temporary lodging in the NMU district.
5.
Minimum unit size:
i.
Single-family, one-story dwellings, 1,000 square feet of living area, exclusive of garage, carport or open porches. Two-story dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces.
ii.
Duplex, minimum of 850 square feet of living area, exclusive of garage, carport and open spaces.
iii.
Multifamily, a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
iv.
Professional/medical office, 200 square feet, exclusive of garage, carport or open space.
v.
Retail and personal services, 200 square feet, exclusive of garage, carport or open spaces.
vi.
Financial service uses, 200 square feet, exclusive of garage, carport or open space.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the NMU district:
1.
Front yard: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
With an alley: five feet from the rear property line.
ii.
With no alley: ten feet from the rear property line.
3.
Minimum rear setback on a north/south street: 20 feet.
4.
Side yard: For neighborhood mixed use the side yard setback is a total of 20 feet with a minimum of ten feet on one side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet containing with two habitable floors.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the NMU district for non-residential use is 0.40.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the NMU district for non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(8)
Recreation/open space—R/OS.
a.
Definition; purpose and intent. The purpose of the R/OS, recreation/open space district is for areas of recreational uses where the predominant activities involve developed public physical facilities. The R/OS, recreation/open space district correlates with the recreation/open space (R/OS) and the water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the R/OS, recreation/open space district are as follows:
1.
Parks.
2.
Recreation areas.
3.
Beaches.
4.
Beach accesses.
5.
Open areas for fishing, boat launch and public recreation.
6.
Community gardens.
c.
Accessory uses. The accessory uses in the R/OS, recreation/open space district are as follows:
• Other accessory uses customarily incidental to permitted uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the R/OS recreation/open space district.
• Other municipal or governmental recreational uses.
e.
Minimum building site area requirements. The minimum building site area requirements in the R/OS recreation/open space district are as follows:
Lot size: Minimum lot size in R/OS recreation/open space district is 5,808 square feet.
1.
Density: Not applicable.
2.
Minimum unit size: No dwelling units are permitted in the R/OS district.
f.
Setback requirements. The following minimum setbacks shall apply in the R/OS district:
1.
Street Front: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
With an alley: 15 feet from the rear property line.
ii.
With no alley: 5 feet from the rear property line.
3.
Minimum rear setback on a north/south street: 20 feet.
4.
Side yard: For recreation open space the side yard setback is a total of 15 feet with a minimum of seven feet on one side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the R/OS district is 0.25.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the ROS district is 0.60.
(9)
Preservation zoning district—P.
a.
Definition; purpose and intent. The purpose of the P, preservation district is for preservation of water recharge areas and areas of significant environmental or ecological importance, and low intensive preservation including conservation and recreation uses which require the retention of an essentially natural landscape with the predominating surface cover being vegetated and permeable is for areas of recreational uses where the predominant activities involve developed public physical facilities. The P, preservation district correlates with the preservation and the water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P, preservation district are as follows:
1.
Wildlife preserves.
2.
Freshwater and saltwater wetlands.
3.
Coastal dunes, etc.
4.
Conservation and recreation uses.
c.
Accessory uses. The accessory uses in the P, preservation district are as follows:
• Other accessory uses customarily incidental to permitted uses.
d.
Special exception uses.
• None.
e.
Minimum building site area requirements. The minimum building site area requirements in the P, preservation district are as follows:
Lot size:
1.
Minimum lot size in P, preservation district is 5,808 square feet.
2.
Density: There is no minimum density in the P, preservation district.
3.
Minimum unit size: No dwelling units are permitted except for existing nonconforming units in the P, preservation district.
f.
Setback requirements. The following minimum setbacks shall apply in the P, preservation district:
Front yard:
1.
Front yard setback in P, preservation zoning is:
i.
25 feet from the property line.
ii.
Minimum gulf front setback is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
Bay front setback shall be 20 feet. Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard.
3.
Side yard:
i.
A total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side yard setback shall be a minimum of ten feet on the street and a minimum of seven feet on the other side. This provision does not apply to gulf-front lots abutting beach accesses.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet containing with two habitable floors.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the P, preservation district is 0.10.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the P, preservation district is 0.20.
(10)
Public/semipublic zoning district—P/SP.
a.
Definition; purpose and intent. The purpose of the P/SP district is for areas to be used for public/semipublic, institutional or utility uses. The P/SP district correlates with the institutional (I), transportation/utility (T/U) and water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P/SP district are as follows:
1.
Public/private schools.
2.
Hospitals.
3.
Churches/religious institutes.
4.
Fraternal/civic organizations.
5.
Municipal office/public buildings.
6.
Utility transmission line/electric power substation.
7.
Municipal water supply, wastewater disposal facility, solid waste/refuse disposal transfer, recycling facility.
8.
Public services.
9.
Garage/storage.
c.
Accessory uses. The accessory uses in the P/SP district are as follows:
1.
Other accessory uses customarily incidental to permitted uses.
2.
Any public/semipublic accessory or special exception use shall not exceed a maximum area of three acres. Any such use, alone or when added to existing contiguous like uses, which exceed this threshold shall require an appropriate plan and corresponding zoning map amendment which shall include such use and all contiguous like uses.
d.
Special exception uses.
• None.
e.
Minimum building site area requirements. The minimum building site area requirements in the P/SP district are as follows:
Lot size:
1.
Minimum lot size in P/SP district: 5,808 square feet.
2.
Density: There is no minimum density in the P/SP district.
3.
Minimum unit size: No dwelling units are permitted in the P/SP district.
f.
Setback requirements. The following minimum setbacks shall apply in the P/SP district:
Front yard:
1.
Front yard setback in P/SP zoning is:
i.
25 feet from the property line.
ii.
Minimum gulf front setback is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
Bay front setback shall be 20 feet.
3.
Side yard:
i.
A total of 15 feet with a minimum of seven feet on one side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side yard setback shall be a minimum of ten feet on the street and a minimum of seven feet on the other side. This provision does not apply to gulf-front lots abutting beach accesses.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the P/SP district is 0.65.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the P/SP district is 0.85.
(11)
Planned development zoning district—PDD.
a.
Definition; purpose and intent. The purpose of a planned development district is to encourage flexibility in the design of the built environment and development of land; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open spaces. This district shall foster and encourage context-sensitive buildings and creative and innovative land development techniques. Applications for a planned development district are allowed only in the business district triangle overlay area of Indian Rocks Beach.
b.
Permitted uses. The permitted uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
c.
Accessory uses. The accessory uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, special exception uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
e.
Minimum building site area requirements.
1.
The minimum building site area requirements in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
2.
Density: The maximum density in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
3.
Minimum unit size: The minimum unit size in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
f.
Setback requirements. The minimum setbacks in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 40 feet. Otherwise, the maximum height of a building is 50 feet.
h.
Maximum floor area ratio. Maximum floor area ratio in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses of the underlying future land use category.
i.
Impervious surface ratio (ISR). Maximum impervious surface ratio (ISR) in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses of the underlying future land use category.
j.
Required parking. The required number of parking spaces required in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
k.
Required landscaping. Required landscaping in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
l.
Signs. Signs shall be as provided for in the Indian Rocks Beach Code of Ordinances.
m.
Swimming pools. Swimming pools in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
n.
Miscellaneous zoning and land development regulation requirements. All other zoning and land development regulations requirements shall apply in the Planned Development District.
o.
Procedure for review and approval.
1.
A rezoning application shall be filed by or on behalf of the landowner with the city manager or designee. Maps and reports shall be submitted and be of sufficient detail to indicate conformance with the standards for reviewing planned development districts.
i.
Protection of unique, natural topographical features on the site;
ii.
Protection and preservation of environmentally sensitive features;
iii.
Development of common areas, open space or recreational areas accessible to the residents or users of the development by way of sidewalks, footpaths or combined walkways/bikeways;
iv.
Efficient use of the land including the reduction of land areas disturbed for utilities and motor vehicle access;
v.
Creation of innovative residential and business environments;
vi.
Reduction in alteration of the natural site features through the design and situation of individual lots, streets and buildings;
vii.
Diversity and originality in lot layout;
viii.
Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and
ix.
Relationship to surrounding properties.
p.
Compliance with development standards.
1.
A planned development district rezoning application shall include the following written and graphic materials specified.
2.
The rezoning application shall include the following written and graphic materials:
i.
Written materials shall include, but not be limited to, the following:
a)
Legal description of the total development parcel proposed for development including exact location and a statement of present and proposed ownership;
b)
Statement of development concept, including the planning objectives and the character of the development to be achieved;
c)
Development schedule indicating the appropriate date when construction can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development;
d)
Statement of intentions regarding the future selling or leasing of all or portions of the development, such as land area, dwelling units, and public facilities;
e)
Statement of financing plan, including projected sources and amounts of funds;
f)
Statement of how utilities and other public works will be provided, including design standards;
g)
The impact of the development on existing city services outside the development.
h)
Purpose statement, permitted uses, accessory uses, description of landscaping, parking and other zoning and land development standards.
i)
Building elevations.
ii.
Quantitative data including, but not limited to, the following:
a)
Parcel size;
b)
Proposed lot coverage of structures;
c)
Floor area ratio;
d)
Total amount of usable open space, both private and public;
e)
Total number and type of dwelling units by number of bedrooms;
f)
Residential and temporary lodging densities;
g)
Total amount in square footage of nonresidential construction by type of use;
h)
Number of parking spaces to be provided by use;
i)
Number and types of public facilities.
iii.
Graphic materials shall include, but not limited to, the following:
a)
Map of existing site conditions, including contours, watercourse, floodplains, unique nature features, existing vegetation, soil types, existing buildings;
b)
Map of existing on site and surrounding land use;
c)
Existing and proposed lot lines;
d)
Location and size of gross floor area of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, and nonresidential structures by use;
e)
Location and size in square feet of all usable open space and areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
f)
The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and all points of access to existing public rights-of-way;
g)
Proposed pedestrian circulation system;
h)
Existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
i)
General landscape plan indicating the treatment of materials used for private and common open spaces;
j)
Description of adjacent land areas, including land uses, zoning, densities, circulation systems, public facilities, and unique natural features of the landscape;
k)
Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences, and walls.
q.
General development standards.
1.
The planned development district shall be compatible with the regulations for the comprehensive plan land use category in which it is to be located.
2.
The planned development district shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provisions for the preservation of scenic features and amenities of the site and the surrounding area.
3.
The planned development district shall be designed, planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
r.
Arrangement of buildings.
1.
All buildings in the layout and design shall be integrated into one cohesive master plan for the development.
2.
The site design shall incorporate and connect pedestrian, bicycle and vehicular movement and access into the surrounding area.
3.
Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide visually and physically integrated development.
4.
Treatment of the sides and rear of all buildings within the planned development shall be compatible in amenity and appearance to treatment given to street frontages of the same buildings.
5.
All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be oriented as to preserve visual and audible privacy between adjacent buildings.
6.
All buildings shall be arranged so as to be accessible to emergency vehicles.
(12)
High density commercial tourist zoning district 1—CT-1.
a.
Definition; purpose and intent. The CT-1 district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT commercial tourist district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
More specifically, the CT-1 zoning district is to be used to allow for the conversion of existing, legally nonconforming zoning uses and structures to legally conforming zoning uses and structures to the greatest extent possible consistent with the comprehensive plan and the Pinellas County Countywide Rules. Each rezoning to CT-1 shall include a survey, site plan or comparable document depicting such items as setbacks and parking. Rezoning to CT-1 will not cure legally nonconforming items such as density, floor area ratio and impervious surface ratio. Nor can it be used to cure nonconformities related to FEMA, building code requirements and other requirements outside the authority, purview and jurisdiction of the City of Indian Rocks Beach.
In considering an application to CT-1 zoning in order to cure or remedy a legally nonconforming use or structure, the planning and zoning board, the local planning agency and the city commission shall give serious consideration to the positive contribution that the legally nonconforming use makes to the community. It is not the intent of these regulations to provide an exemption, variance or special exception from the city's zoning requirements related to the initial purpose of nonconforming uses.
b.
Permitted uses. The permitted uses in the CT-1 high density commercial tourist district 1 are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
9.
Tourist facility use.
10.
Office.
11.
Personal service/office support.
c.
Accessory uses. The accessory uses in the CT-1, commercial tourist district 1 are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustments and appeals and city commission and favorable action thereon, the following uses may be permitted in the CT-1, commercial tourist district 1:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT-1, commercial tourist district 1 are as follows:
1.
Lot size:
a)
Single-family: 5,808 square feet.
b)
Two-family, duplex: 5,808 square feet.
c)
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first three units and 1,452 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
7.
As provided for in the survey, site plan or comparable document submitted with a rezoning application.
f.
Setback requirements. The following minimum setbacks shall apply in the CT-1 district:
1.
Front yard setback in CT-1 zoning is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Rear yard for hotel, motel, motor lodge and multi-family:
a)
Lots with an alley on the rear shall be set back 15 feet.
b)
Lots with no alley on the rear shall be set back 15 feet.
3.
Rear yard for single family and duplex:
a)
Lots with an alley on the rear shall be set back five feet.
b)
Lots with no alley on the rear shall be set back ten feet.
4.
Side Yard:
a)
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 with a minimum of seven on one side.
b)
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet [on] one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard and the other side setback shall be the minimum as calculated based on height and width of the building.
5.
Minimum rear setback on a north/south street: 20 feet.
6.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum [setback] of 25 feet from Gulf Boulevard.
7.
Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard. This area is found south of Central Avenue.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
9.
As provided for in the survey, site plan or comparable document submitted with a rezoning application.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT-1 commercial tourist district 1 is 0.50 for hotels, motels, motor lodges and nonresidential uses. There is no maximum floor area ratio for single family, duplex, or multifamily in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT-1 zone for hotel, motel, multifamily structures and nonresidential uses is 0.70. There is no impervious surface ratio for single family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(13)
High density commercial tourist zoning district 1—CT-1: 732-760 Gulf Boulevard.
a.
Definition; purpose and intent. The CT-1: 732-760 Gulf Boulevard district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT-1: 732-760 Gulf Boulevard district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
More specifically the CT-1: 732-760 Gulf Boulevard zoning district is to be used to allow for the conversion of existing, legally non-conforming zoning uses and structures to legally conforming zoning uses and structures to the greatest extent possible consistent with the comprehensive plan and the Pinellas County Countywide Rules. Each rezoning to CT-1: 732-760 Gulf Boulevard shall include a survey, site plan or comparable document depicting such items as setbacks and parking. Rezoning to CT-1: 732-760 Gulf Boulevard will not cure legally nonconforming items such as density, floor area ratio and impervious surface ratio. Nor can it be used to cure nonconformities related to FEMA, building code requirements and other requirements outside the authority, purview and jurisdiction of the City of Indian Rocks Beach.
In considering the application to CT-1: 732-760 Gulf Boulevard zoning in order to cure or remedy a legally non-conforming use or structure, the planning and zoning board, the local planning agency and the city commission shall give serious consideration to the positive contribution that the legally non-conforming use makes to the community. It is not the intent of these regulations to provide an exemption, variance or special exception from the city's zoning requirements related to the initial purpose of non-conforming uses.
b.
Permitted uses. The permitted uses in the CT-1: 732-760 Gulf Boulevard district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
9.
Tourist facility use.
10.
Office.
11.
Personal service/office support.
c.
Accessory uses. The accessory uses in the CT-1: 732-760 Gulf Boulevard are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustments and appeals and city commission and favorable action thereon, the following uses may be permitted in the CT-1: 732-760 Gulf Boulevard district:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT-1: 732-760 Gulf Boulevard district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family, duplex: 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first three units and 1,452 square feet for each additional unit.
iv.
Tourist facility use, office, personal service/office support: 5,808 square feet.
2.
Minimum width: 40 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the CT-1: 732-760 Gulf Boulevard district:
1.
Front yard setback in CT-1: 732-760 Gulf Boulevard district is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Based on the survey attached hereto, the existing residential structure shall have a minimum setback from Gulf Boulevard of 12 feet and a minimum setback from the south property line of four feet six inches.
3.
Rear yard for hotel, motel, motor lodge and multi-family:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
4.
Rear yard for single-family and duplex:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
5.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard, and the other side setback shall be the minimum as calculated based on height and width of the building.
6.
Minimum rear setback on a north/south street: 20 feet.
7.
The existing commercial structure has no required setback from Gulf Boulevard or from the adjacent beach 8th Avenue beach access.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
9.
Any setbacks or other dimensional requirements not specified in the these provisions shall be prescribed by the survey attached hereto and made a part hereof with the exception of that portion of the commercial structure which encroaches into beach access public right-of-way on the north side of the property. These regulations do not provide rights for the reconstruction of that portion of the existing structure in that location.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT-1: 732-760 Gulf Boulevard district is 0.50 for hotels, motels, motor lodges and non-residential uses. There is no maximum floor area ratio for single-family, duplex, or multi-family in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT-1: 732-760 Gulf Boulevard district zone for hotel, motel, multi-family structures and non-residential uses is 0.70. There is no impervious surface ratio for single-family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
k.
Parking. The existing development provides ten parking spaces.
l.
Redevelopment. If the current owner sells the property and redevelopment of the site is proposed, or if the current owner proposes redevelopment substantially different from the current development, then all dimensional standards derived from by the attached survey are no longer applicable and the dimensional standards of commercial tourist zoning become applicable.
(Code 1980, § 24-4; Ord. No. 320, § 1, 6-21-1982; Code 1989, § 21-111; Ord. No. 479, § 4, 3-29-1990; Ord. No. 522, 9-15-1993; Ord. No. 551, § 1, 4-20-1994; Ord. No. 2005-01, § 24, 5-5-2005; Ord. No. 2012-04, § 3, 11-13-2012; Ord. No. 2012-08, §§ 2—12, 9-19-2012; Ord. No. 2014-05, § 4, 1-28-2014; Ord. No. 2014-06, § 1(110.131.11), 1-28-2014; Ord. No. 2014-23, § 1, 8-12-2014; Ord. No. 2014-48, § 1, 1-13-2015; Ord. No. 2015-21, § 1, 4-12-2016; Ord. No. 2017-08, § 1, 1-9-2018; Ord. No. 2019-01, § 2, 2-12-2019)
The boundaries of the zoning districts are as shown upon the map which is made a part of this chapter and designated as "The Zoning Map of the City of Indian Rocks Beach, Florida." Such map and all notations, references, and other information shown thereon are and shall be part of this chapter and shall have the same force and effect as if they were all fully set forth or described in this chapter. Such map is properly attested and dated and shall be on file with the city clerk.
(Code 1980, § 24-5; Code 1989, § 21-112)
(a)
Generally. The zoning district boundary lines are intended generally to follow the centerlines of streets, existing lot lines or municipal boundary lines, as shown on the zoning map. Where a district boundary line does not follow such a line, its position is shown on such zoning map by a specific dimension expressing its distance in feet from the street centerline or other boundary line as indicated.
(b)
Determination by board of adjustments and appeals. In case of uncertainty as to the true location of district boundary line in a particular instance, the building official shall request the board of adjustments and appeals to render its determination with respect thereto; provided, however, no boundary line shall be changed by the board.
(Code 1980, § 24-6; Code 1989, § 21-113)
Except as otherwise provided in this chapter:
(1)
No building shall be erected and no building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner, other than as permitted in the district in which such building or land is located.
(2)
No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this chapter for the district in which such building is located.
(3)
No building shall be erected, and no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations designated in this chapter for the district in which such building or open space is located.
(4)
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot, except for cluster development or planned unit development as defined and replatted pursuant to article V of this chapter.
(5)
No building shall be erected which building does not comply with rules and regulations promulgated by the federal government and any agency thereof for the regulation of flood hazard areas to reduce flood losses unless a variance is duly and properly secured from the city commission in accordance with this chapter.
(6)
All land use and land development shall be in accordance with the city's comprehensive plan and this chapter. Where this chapter differs from the city's comprehensive plan, the more restrictive of the two shall be applied.
(Code 1980, § 24-33; Code 1989, § 21-114; Ord. No. 522, 9-15-1993)
(a)
Purpose. The purpose of the business district triangle overlay zone is to impose special development regulations. It is the intent of the city to foster new development and redevelopment in this area, making it a pleasant area for businesses and civic functions. The underlying land uses for each underlying zone classification shall remain undisturbed by the creation of an overlay zone except as specifically noted in this section. The overlay zone imposes additional or different development standards than those that would otherwise apply.
(b)
Boundaries. The business district triangle overlay zone is an area within the city limits bounded on the east by the Intracoastal Waterway, by Gulf Boulevard on the west and by Walsingham Road (SR 688) on the north and ending at the intersection of Gulf Boulevard and Bay Drive on the south.
(c)
Conflict with underlying zoning regulations. The regulations of this overlay zone shall supersede all conflicting regulations of the underlying zoning for properties located in the overlay zone. This provision does not eliminate current applicable zoning requirements.
(d)
Nonconforming structures. When a lawful structure exists on the effective date of the ordinance from which this section is derived or the effective date of an amendment to this section which could not be built under the terms of this article by reason of restrictions on the area, lot, coverage, height, yards, setbacks or other characteristics of the structure or its location on the lot, such structures may be allowed to continue to exist so long as they remain otherwise lawful, subject to the following provisions:
(1)
Any and all enlargement, extension, reconstruction or structural alteration greater than 25 percent of the assessed value of the structure, as determined by the county property appraiser's office or independent appraisal, or $15,000.00 in site improvements, shall require the property owners to place on file an approved, updated site plan and landscaping plan.
(2)
For purposes of this subsection, site improvements shall mean any change to improved or unimproved real estate, including, but not limited to, paving, excavating, landscaping or decking. Habitable structures are specifically excluded from this definition.
(e)
Use regulations and development standards.
(1)
Setbacks. There shall be a ten-foot minimum front yard setback from the property line. No structures or temporary fixtures/devices shall be located within any setback. Structures, within the overlay zone, shall be defined as signs, fences, stormwater retention areas, parking lots, parking bumpers, patios, seating, newspaper racks, decks above ground or on the ground, etc. The only exception is a one-foot by two-foot entrance/exit sign, no higher than 3½ feet, with sufficient sight distance from the driveway along the road. There shall be a limit of one driveway entrance and one sidewalk entrance per lot. The city may review individual sites for additional driveway or sidewalk entrances. The front is considered facing the road. Corner lot front designation must be approved by the city. A ten-foot minimum setback is required on other property boundaries abutting a right-of-way. The remaining boundary setbacks shall be five feet minimum with a city-reviewed and approved landscaping plan, which shall meet the overlay zone requirements regarding in-ground landscaping and irrigation.
(2)
Structures on right-of-way or sidewalk. No structures or temporary fixtures/devices as defined in subsection (e)(1) of this section shall be permitted in any right-of-way or sidewalk without prior approval of the city administration.
(3)
Fences. Fences located in the business district triangle overlay zone shall comply with article IV, division 5 of this chapter and the following provisions:
a.
Prohibited fences. In addition to those fences prohibited in section 110-289, chainlink fences shall be prohibited in the business district triangle overlay zone.
b.
Allowable fences. Fences shall be a minimum of 50 percent open and compatible with the architectural design of the main building, as determined by the city manager or designee, except that dumpsters and fences enclosing loading/storage areas shall be a solid wall or fence approved by the city manager or designee.
c.
Height. Dumpster enclosures and fences enclosing storage/loading areas shall not exceed six feet in height. Any other fence located in the business district triangle overlay zone shall not exceed three feet in height.
d.
Setback. Dumpster enclosures and fences enclosing storage/loading areas shall be located behind the front building line. All other fences shall be located not less than three feet from a front lot line or side lot line adjacent to a public right-of-way.
e.
Landscaping. Any fence located in a front yard or side yard adjacent to a public right-of-way shall be landscaped in accordance with a landscaping plan in compliance with subsection (e)(8) of this section and shall incorporate the following requirements: All areas between the public right-of-way and the fence shall be landscaped with ground cover or other ornamental vegetation, additional landscaping shall be planted along not less than 50 percent of the lineal distance of the fence, and all landscaping shall be chosen from the city's approved landscape palette from the Indian Rocks Beach Business Triangle Development Guide.
(4)
Adult entertainment. There shall be no adult entertainment establishments permitted in the overlay zone. For purposes of this subsection, adult entertainment shall be defined as any conduct or activity which involves an adult arcade, adult bookstore, adult video store, adult booths, adult modeling, adult photographic studio, adult theater, or adult nightclub or bar. These terms are further defined in section 110-1.
(5)
Restaurants. Restaurants are encouraged; however, bars, restaurants and other eating/drinking establishments with less than 51 percent of total revenues arising from food are prohibited. There shall be no packaged alcohol sales permitted.
(6)
Utilities; streetlights and security lights. No new utility poles or aboveground wires, except replacement poles and wires, shall be placed throughout the overlay zone district for new construction or additions to existing structures. All new utilities must be placed underground, the cost of which shall be borne by the property owner. Public and private street and security lighting poles may, upon written application, review and approval by the city, be installed. However, all wiring necessary for such lighting shall be required to be underground.
(7)
Parking requirements. No parking outside of designated spaces within the overlay zone is permitted. Delivery vehicles must be able to maneuver on-site or park in spaces on the street.
(8)
Landscaping. The property owner, with either new building construction, expansion and/or renovations, as defined in subsection (d)(1) of this section, for parking lot reconfiguration, shall be required to place in-ground landscaping and an irrigation system around the perimeter of the property as provided in the development guide. Property owners within the business district shall be required to place landscaping and irrigation as specifically outlined in the development guide or an approved equivalent. Fences, if desired, shall be set back behind the landscaping. Sight distances shall be maintained for all driveway accesses. The city shall have a limited palette of alternative landscaping materials listed. Any alternative can be administratively approved if it meets the business district development guide requirements. Landscaping must be maintained in excellent condition at all times.
(9)
Parking credits.
a.
Any business losing existing recognized parking due to the city reclaiming its right-of-way shall be given full credit for the same number of spaces with on-street parking.
b.
Parking requirements in the business district triangle overlay zone shall be ten percent less than what is otherwise required.
(10)
Architectural requirements. All new construction or major renovations as outlined in subsection (d)(1) of this section within the overlay zone should conceal mechanical (HVAC) units on the roof or adjacent to the building.
(11)
Prohibited uses. The following uses shall be prohibited in the overlay zone district:
a.
Drive-through restaurants.
b.
Service stations.
c.
Schools.
d.
Adult entertainment.
e.
Astrologers.
f.
Character reading.
g.
Clairvoyants.
h.
Divine healers.
i.
Fortunetellers.
j.
Mental healers.
k.
Palmists.
l.
Phrenologists.
m.
Pawnshops.
n.
Massage establishments as defined in section 110-1, except for those where services are provided by medical personnel or therapists who are licensed and regulated by the state and who are providing services included under the scope of a state license.
o.
Automotive sales.
p.
Tattoo parlors.
(12)
Lot consolidation. Those individuals, firms, or corporations using multiple lots for the purpose of a site plan approval or building permit application, as outlined in subsection (d)(1) of this section, within the overlay zone, shall be required to consolidate all lots into one lot and replat the property.
(13)
Paid parking lots. Paid parking lots shall be a permitted used in in the business district triangle overly zone.
(f)
Enforcement. The city commission shall, through the city administration, enforce and administer all provisions of this section and the accompanying development guide. Any and all activities prohibited by the overlay zone regulations and development guide shall be considered a violation of this Code. The city may enforce such requirements in any manner deemed appropriate.
(Code 1989, § 21-115; Ord. No. 629, § 1, 2-19-1997; Ord. No. 97-30, § 10, 6-23-1998; Ord. No. 00-17, § 3, 1-23-2001; Ord. No. 2011-03, § 25, 7-12-2011; Ord. No. 2011-12, § 1, 10-11-2011; Ord. No. 2014-14, § 1, 7-24-2014; Ord. No. 2019-01, § 3, 2-12-2019)
A property owner may apply to the city for verification and documentation of residential development rights. All such verified development rights may be transferable in whole or in part from one parcel of land to any other, subject to the limitations of this section.
(1)
Sender site criteria.
a.
The sender site density may be transferred, in whole or in part, from parcels identified as preservation on the city's land use map, subject to the density calculation limitations established in section 110-262.
b.
A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics of the preservation land use.
c.
There shall be no transfer of development rights from or to submerged land, or from outside the coastal hazard area into the coastal high hazard area.
d.
Where development rights cannot otherwise be determined for the preservation category based on local government provisions for transfer of development rights, the category shall be assigned a maximum density/intensity of one dwelling unit or five percent floor area ratio per acre, or both, as it is applicable based on the use characteristics to be utilized in the receiving parcel for any transfer of development rights.
e.
Such sending areas shall be protected through the recordation of a grant of conservation easement.
f.
No application for determination of development rights shall be accepted if the send site has any open permits or active code violations.
g.
All bonds, assessment, back city taxes, fees or liens (other than mortgages) affecting the parcel shall be paid in full prior to recordation of the warranty deed for the transfer of the development rights.
h.
Transfers from existing developed property are prohibited unless otherwise provided for by the countywide rules or approved special area plan.
i.
Transferred development rights shall be consistent with the receiver site land use characteristics.
(2)
Receiver site criteria.
a.
The receiver site shall be evaluated for its viability as an area of increased development. Factors include infrastructure, environmental suitability and the land uses of the surrounding areas.
b.
There shall be no transfer to the recreation/open space or preservation districts.
c.
With the exception of receiver sites located in the business district triangle overlay zone or a special area plan, development of the receiver site is subject to the limitations of the zoning district. For receiver sites located in the business district triangle overlay zone, the density/intensity for the site may exceed the otherwise applicable maximum density/intensity by 25 percent.
(Ord. No. 2011-03, § 26, 7-12-2011)
The city will review the application and pertinent material in order to verify the amount of residential density associated with the site. Upon determination of the development right(s), a unique identify number shall be assigned for the site for tracking and monitoring and the city shall issue the owner a "Determination of Development Right" stating the amount of approved residential density available.
(Ord. No. 2011-03, § 27, 7-12-2011)
(a)
The developer of a receiver site is encouraged to schedule a meeting with the staff prior to submission of an application for transfer. The purpose of the meeting is to discuss the development and/or redevelopment of the sender and receiver sites and to understand any limitation that may be imposed upon the sender and receiver sites.
(b)
The developer of a receiver site shall make application for the approval of the transfer of the development right(s) on a form provided by the city and approved by the countywide planning authority, and provide such information requested by the city to approve the transfers. At a minimum, the information shall include the following:
(1)
Identification of the sender and receiver sites; and
(2)
Proof of ownership of the receiver site and the development right(s) from the sending site.
(3)
A description of the proposed development or redevelopment of the receiver site.
(c)
The city will review the application to determine;
(1)
Compliance with the receiving site criteria;
(2)
If the proposed use of the receiving site can be permitted as of right or requires special exception approval. Development plan and approvals for the receiving site shall be subsequently processed as provided in the comprehensive plan and the LDRs according to the magnitude and type of the development proposed for the site; and
(3)
The validity of the sending site development(s), e.g., the development right(s) have a valid "Determination of Development Right" issued by the city per section 110-137.
(d)
Upon approval the city will issue the receiving site a permit using a unique identifier number for tracking and monitoring by the city. This permit may include conditions for approval.
(Ord. No. 2011-03, § 28, 7-12-2011)
In addition to the sender and receiver criteria requirements established in section 110-138, above, the transfer of development rights shall be subject to the following:
(1)
Deed of transfer.
a.
Prior to the issuance of a building permit authorizing the development of the TDR on the receiver site , a deed of transfer shall be recorded with the Clerk of Circuit Court for Pinellas County and a record copy filed with the Pinellas Planning Council. The sender site deed of transfer shall contain a covenant prohibiting the future use of the development right(s) utilized; and
b.
Neither the use nor density/intensity of the sender site shall be double counted nor shall the transfer of development rights result in any combination of use or density/intensity above that which was otherwise permitted under the applicable future land use map designation for the sending and receiving parcels, when taken together.
c.
The sender site from which all development rights are transferred shall be limited to the use characteristics and density/intensity standards of the preservation category.
d.
Where all development rights have previously been transferred from a sending parcel, no additional development rights shall be transferable from that parcel.
(2)
Warranty deed. A warranty deed shall be recorded in the chain of title of the receiver site evidencing the transfer of the development rights and limiting the site to the density/intensity that remains after the transfer.
(Ord. No. 2011-03, § 29, 7-12-2011)
(a)
The restrictions and controls intended to regulate development in each zoning district are set forth in Subpart B, which are supplemented by other sections or provisions of this chapter.
(b)
The zoning schedule of use controls in this division shall be deemed controlling, and the schedule sets forth the minimum requirements required in each zoning district. No use, structure, building, accessory use, special exception use, setback requirement or density requirement shall be permitted unless authorized by the board of adjustments and appeals in accordance with the lawful exercise of its powers as defined in section 2-148.
(c)
All footnotes shall have the force and effect of law and shall be utilized in the administration of this chapter.
(Code 1980, § 24-7; Code 1989, § 21-130; Ord. No. 479, § 5, 3-29-1990; Ord. No. 2014-05, § 5, 1-28-2014)
Editor's note— Ord. No. 2012-08, §§ 13—15, adopted Sept. 19, 2012, repealed §§ 110-152—110-154 in their entirety, which pertained to consistency matrix; schedule of setback requirements, height limitations, floor area ratios and impervious surface ratios; and schedule of minimum unit size and density limitations, respectively. See the Code Comparative Table for a complete derivation.
Intensity standards for nonresidential special exception uses are as follows: Under no circumstances shall the density, intensity, or uses permitted be inconsistent with that allowed on the city's future land use map. Also, if the zoning district used contains a more restrictive standard than that found in the city's Future Land Use Plan, the more restrictive standard shall apply.
(Code 1980, apps. 1, 2; Ord. No. 448, 2-15-1988; Code 1989, § 21-134; Ord. No. 479, § 7, 3-29-1990; Ord. No. 484, § 1(3), 5-16-1990; Ord. No. 522, 9-15-1993; Ord. No. 551, § 5, 4-20-1991; Ord. No. 572, § 1, 10-19-1994; Ord. No. 97-15, § 6, 8-20-1997; Ord. No. 2005-01, § 27, 5-5-2005; Ord. No. 2009-13, § 1, 10-13-2009; Ord. No. 2011-03, § 30, 7-12-2011; Ord. No. 2012-08, § 16, 9-19-2012)
Editor's note— Ord. No. 2012-08, § 16, adopted Sept. 19, 2012, changed the title of § 110-155 from "Schedule of use controls and permitted uses" to "Intensity standards for nonresidential special exception uses." This historical notation has been preserved for reference purposes.
DISTRICT DESIGNATION AND REGULATIONS
For the purposes of protecting, promoting and improving the public health, safety and general welfare of the community and in order to regulate the location of buildings, the height and size of buildings hereafter erected or structured, the setbacks and other open space requirements, the city is hereby divided into the following zoning districts, together with the appropriate land use categories as defined in the comprehensive plan:
(1)
Single-family residential zoning district—S.
a.
Definition; purpose and intent. The S, single-family residential district provides for single-family residential development located where lower density single-family uses are desirable. The S, single-family residential district, correlates with the residential urban (RU) category of the countywide plan. Essential services and public facilities compatible with this residential district are also provided. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the S, single-family residential district are as follows:
1.
Dwelling, single-family detached.
2.
Public education facilities of the school board.
3.
Assisted living facilities and family care homes with six or fewer residents.
c.
Accessory uses. The accessory uses in the S, single-family residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools and cabanas.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the S, single-family residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
e.
Minimum building site area requirements. The minimum building site area requirements in the S, single-family residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Minimum width: 50 feet.
iii.
Minimum depth: 80 feet.
iv.
Density: The maximum density is seven and one-half single-family dwelling units per acre.
v.
Minimum unit size: One-story dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces.
vi.
Residential equivalent use shall not exceed three beds per dwelling unit with 7.5 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the S district:
1.
Front yard: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots: 25 feet for single-family and 20 feet for duplex measured from the center of the seawall.
ii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iii.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard: Total side setback of 15 feet with a minimum of seven feet on either side.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Floor area ratio. There is no floor area ratio in the S single-family residential district for residential uses. The maximum floor area ratio for non-residential uses is 0.40.
i.
Impervious surface ratio (ISR). There is no maximum impervious surface ratio (ISR) in the S, single-family residential district. The maximum impervious surface ratio for non-residential uses is 0.65.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(2)
Medium density residential zoning district—RM1.
a.
Definition; purpose and intent. The RM-1, medium density residential district provides for medium density single-family and two-family residential dwellings and correlates with the residential medium (RM) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the RM-1, medium density residential district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached (duplex).
3.
Assisted living facilities and family care homes with six or fewer residents.
4.
Public education facilities of the school board.
c.
Accessory uses. The accessory uses in the RM-1, medium density residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools and cabanas.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the RM-1, medium density residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
e.
Minimum building site area requirements. The minimum building site area requirements in the RM-1, medium density duplex residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family: 5,808 square feet.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is seven and one-half units per acre for single-family dwelling units and 15 units per acre for duplexes.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the RM-1, medium density duplex residential district:
1.
Front yard setback for both single-family and duplex: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots: 25 feet for single-family and 20 feet for duplex measured from the center of the seawall.
ii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iii.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard: Total side setback of 15 feet with a minimum of seven feet on either side for both single-family and duplex residential.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. There is no floor area ratio in the RM-1, medium density duplex residential district for residential uses. The maximum floor area ratio for non-residential use is 0.50.
i.
Impervious surface ratio (ISR). There is no impervious surface ratio (ISR) in the RM-1, medium density duplex residential district. The maximum impervious surface ratio for non-residential use is 0.75.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(3)
Medium density multifamily residential zoning district—RM2.
a.
Definition; purpose and intent. The RM-2, medium density three or more units, multifamily residential dwelling district provides for medium density development. The RM-2, medium density multifamily residential district correlates with the residential medium (RM) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the RM-2, medium density multifamily residential district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Planned unit developments.
5.
Public educational facilities.
6.
Assisted living facilities and family care homes with seven to 14 residents.
c.
Accessory uses. The accessory uses in the RM-2, medium density multifamily residential district are as follows:
1.
Home occupations.
2.
Private garages and carports.
3.
Private swimming pools.
4.
Residential docks.
5.
Essential services.
6.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the RM-2, medium density residential district:
1.
Churches, synagogues or other houses of worship.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Public buildings.
5.
Amateur radio towers at 60 feet.
6.
Community residential homes.
e.
Minimum building site area requirements. The minimum building site area requirements in the RM-2, medium density multifamily residential district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family (duplex): 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 8,712 square feet for the first three units and 2,904 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is 15 dwelling units per acre.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the RM-2, medium density residential district:
1.
Front yard setback for single-family, duplex and multifamily in the RM-2 district is 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
Waterfront lots for single-family: 25 feet measured from the center of the seawall.
ii.
Waterfront lots for duplex and multifamily: 20 feet measured from the center of the seawall.
iii.
Non-waterfront lots for single-family and duplex:
a)
With an alley: five feet from the rear property line.
b)
With no alley: ten feet from the rear property line.
iv.
Non-waterfront lots for multifamily dwelling:
a)
With an alley: five feet
b)
With no alley: 15 feet
v.
Minimum rear setback on a north/south street is 20 feet.
3.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: Total side setback of 15 feet with a minimum of seven feet on either side.
ii.
For buildings that exceed 25 feet in height feet above pilings: Total side setback of 20 feet with a minimum of ten per side.
4.
Corner lots: If the property is a corner lot (fronts on two bisecting streets), the side setback shall be a minimum of 15 feet on the street and a minimum of ten feet on the other side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. There is no maximum floor area ratio in the RM-2, medium density residential district for residential uses. The maximum floor area ratio for non-residential uses is 0.50.
i.
Impervious surface ratio (ISR). There is no maximum impervious surface ratio (ISR) in the RM-2, medium density residential district for single-family and duplex.
The maximum impervious surface ratio (ISR) for multifamily is 0.70.
The maximum impervious surface ratio for non-residential uses is 0.75.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(4)
Professional office zoning district—P1.
a.
Definition; purpose and intent. The P-1, professional office district, encourages office buildings of high character and attractive surroundings with types of uses and exterior indication of these uses so controlled as to be compatible with single-family or multiple-family dwellings conveniently located within or adjacent to the district. When used with the R/OG and R/O/R land use plan categories, the use of parcels for single-use purposes is discouraged. P-1 is intended for location in or bordering low or medium density single-family residential or multifamily zoning districts. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P-1, professional office district are as follows:
1.
Professional offices.
2.
Medical clinics.
3.
Studios (e.g., art, dance and photography).
4.
Dwelling, single-family detached.
5.
Dwelling, two-family attached (duplex).
6.
Dwelling, multifamily attached.
7.
Financial services.
8.
Public educational facilities.
9.
Bed and breakfast establishments in accordance with section 110-592.
c.
Accessory uses. The accessory uses in the P-1, professional office district are as follows:
1.
Private garages.
2.
Other accessory uses customarily incidental to permitted or special exception uses.
3.
Parking lots.
d.
Special exception uses. There are no special exception uses in the P-1 zoning district.
e.
Minimum building site area requirements. The minimum building site area requirements in the P-1, professional office district are as follows:
1.
Lot size:
i.
Office: 7,200 square feet.
ii.
Single-family: 5,808 square feet.
iii.
Two-family (duplex): 5,808 square feet.
iv.
Multifamily: 8,712 for the first three units and 2,904 for each additional unit.
2.
Density: The maximum density for single-family dwellings in 7.5 units per acre. The maximum density duplex and multifamily dwellings is 15 units per acre.
3.
Minimum unit size: 200 square feet exclusive of garage, carport or open space.
4.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the P-1 professional office district:
1.
Front yard: Setback for all structures in the P-1 zone is 25 feet.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
3.
Side yard:
i.
For single-family, duplex or multifamily in the P-1 zone the side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For professional office the side yard setback is a total of 20 feet with a minimum of ten feet on one side.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the P-1 zone for professional offices and non-residential use is 0.40.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio in the P-1 zone for professional offices and non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(5)
High density commercial tourist zoning district—CT.
a.
Definition; purpose and intent. The CT, [commercial tourist] district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT commercial tourist district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
b.
Permitted uses. The permitted uses in the CT, high density commercial tourist district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
c.
Accessory uses. The accessory uses in the CT, commercial tourist district are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the CT, commercial tourist district:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly-owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT, commercial tourist district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family, duplex: 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first four units and 1,452 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the CT district:
1.
Front yard setback in CT zoning is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Rear yard for hotel, motel, motor lodge and multifamily:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
3.
Rear yard for single-family and duplex:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
4.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard and the other side setback shall be the minimum as calculated based on height and width of the building.
5.
Minimum rear setback on a north/south street: 20 feet.
6.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
7.
Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard. Generally, this area is found south of Central Avenue.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT—commercial tourist district is 0.50 for hotels, motels, motor lodges and non-residential uses. There is no maximum floor area ratio for single-family, duplex, or multifamily in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT zone for hotel, motel, multifamily structures and non-residential uses is 0.70. There is no impervious surface ratio for single-family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(6)
Business zoning district—B.
a.
Definition; purpose and intent. The purpose of this district is to provide for retail shopping areas. The B, business district correlates with the CG, commercial general category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
b.
Permitted uses. The permitted uses in the B, business district are as follows:
1.
Retail and personal services.
2.
Business and financial service uses.
3.
Offices.
4.
Service stations.
5.
Restaurants.
6.
Public land and buildings.
7.
Dwelling, single-family on the floors above commercial.
8.
Dwelling, two-family on the floors above commercial.
9.
Dwelling, multifamily on the floors above commercial.
10.
Hotels, motels and motor lodges.
11.
Bed and breakfast establishments in accordance with section 110-592.
12.
Mixed use of commercial and residential.
13.
Temporary lodging use.
14.
Craft/microbrewery, winery, or distillery.
15.
Paid parking lots shall be a permitted use solely in the business district triangle overlay zone.
c.
Accessory uses. The accessory uses in the B, business district are as follows:
1.
Parking lots.
2.
Essential services.
3.
Publicly-owned parks or recreation areas.
4.
Certain portions of outdoor dining establishments allowing dogs.
5.
Home occupations.
d.
Special exception uses. First-floor residential use.
e.
Minimum building site area requirements.
1.
The minimum building site area requirements in the B, business district is 5,808 square feet.
2.
The number of businesses on a lot shall be regulated by sections 110-371 through 110-377 and chapter 86. Where a platted lot exists as of February 1, 1983, having an area of less than 5,808 square feet, that actual area shall be considered the minimum lot size requirement for that lot.
3.
Density: The maximum density is 18 units per acre for permanent dwelling units and 15 units per acre for temporary lodging.
4.
Minimum unit size: 200 square feet of area exclusive of garage, carport, or open space.
5.
Residential equivalent use shall not exceed three beds per dwelling unit with 18 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the B, business district:
1.
Front yard setback in B zoning is 25 feet measured from the property line.
i.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard as measured from the property line, unless elsewhere provided.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
iii.
Minimum rear setback on a north/south street 20 feet
3.
Side yard:
i.
Total side setback of 20 feet with a minimum of ten [feet] per side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side setback shall be a minimum of 15 feet on the street and a minimum of ten feet on the other side.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio. Maximum floor area ratio in the B business district for non-residential use is 0.55.
i.
Impervious surface ratio (ISR). Maximum impervious surface ratio (ISR) in the B business district for non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(7)
Neighborhood mixed use zoning district—NMU.
a.
Definition; purpose and intent. The purpose of the neighborhood mixed use district is to provide for a mixture of medium density dwellings. The district also allows for low intensity office and neighborhood-type commercial uses. When used with the R/O/R land use plan categories the use of parcels for single-use purposes is discouraged. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the NMU, neighborhood mixed use district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Professional/medical offices.
5.
Retail and personal services
6.
Financial services (Institutions qualified under state and federal bonding regulations).
7.
Bed and breakfast establishments in accordance with section 110-592.
c.
Accessory uses. The accessory uses in the NMU, neighborhood mixed use district are as follows:
1.
Private garages.
2.
Other accessory uses customarily incidental to permitted or special exception uses.
3.
Parking lots.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the NMU, neighborhood mixed use district:
1.
Public buildings.
2.
Essential services.
3.
Churches, synagogues or other homes of worship.
4.
Publicly-owned parks or recreation areas.
e.
Minimum building site area requirements. The minimum building site area requirements in the NMU, neighborhood mixed use district are as follows:
1.
Lot size: Minimum lot size in NMU is 5,808 square feet.
i.
Single-family: 5,808 square feet.
ii.
Two-family (duplex): 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 8,712 square feet for the first three units and 2,904 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 80 feet.
4.
Density: The maximum density is 15 units per acre for both permanent dwelling units and temporary lodging in the NMU district.
5.
Minimum unit size:
i.
Single-family, one-story dwellings, 1,000 square feet of living area, exclusive of garage, carport or open porches. Two-story dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces.
ii.
Duplex, minimum of 850 square feet of living area, exclusive of garage, carport and open spaces.
iii.
Multifamily, a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
iv.
Professional/medical office, 200 square feet, exclusive of garage, carport or open space.
v.
Retail and personal services, 200 square feet, exclusive of garage, carport or open spaces.
vi.
Financial service uses, 200 square feet, exclusive of garage, carport or open space.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 15 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the NMU district:
1.
Front yard: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
With an alley: five feet from the rear property line.
ii.
With no alley: ten feet from the rear property line.
3.
Minimum rear setback on a north/south street: 20 feet.
4.
Side yard: For neighborhood mixed use the side yard setback is a total of 20 feet with a minimum of ten feet on one side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet containing with two habitable floors.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the NMU district for non-residential use is 0.40.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the NMU district for non-residential use is 0.70.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(8)
Recreation/open space—R/OS.
a.
Definition; purpose and intent. The purpose of the R/OS, recreation/open space district is for areas of recreational uses where the predominant activities involve developed public physical facilities. The R/OS, recreation/open space district correlates with the recreation/open space (R/OS) and the water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the R/OS, recreation/open space district are as follows:
1.
Parks.
2.
Recreation areas.
3.
Beaches.
4.
Beach accesses.
5.
Open areas for fishing, boat launch and public recreation.
6.
Community gardens.
c.
Accessory uses. The accessory uses in the R/OS, recreation/open space district are as follows:
• Other accessory uses customarily incidental to permitted uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, the following uses may be permitted in the R/OS recreation/open space district.
• Other municipal or governmental recreational uses.
e.
Minimum building site area requirements. The minimum building site area requirements in the R/OS recreation/open space district are as follows:
Lot size: Minimum lot size in R/OS recreation/open space district is 5,808 square feet.
1.
Density: Not applicable.
2.
Minimum unit size: No dwelling units are permitted in the R/OS district.
f.
Setback requirements. The following minimum setbacks shall apply in the R/OS district:
1.
Street Front: 25 feet measured from the property line to the structure.
2.
Rear yard:
i.
With an alley: 15 feet from the rear property line.
ii.
With no alley: 5 feet from the rear property line.
3.
Minimum rear setback on a north/south street: 20 feet.
4.
Side yard: For recreation open space the side yard setback is a total of 15 feet with a minimum of seven feet on one side.
5.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the R/OS district is 0.25.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the ROS district is 0.60.
(9)
Preservation zoning district—P.
a.
Definition; purpose and intent. The purpose of the P, preservation district is for preservation of water recharge areas and areas of significant environmental or ecological importance, and low intensive preservation including conservation and recreation uses which require the retention of an essentially natural landscape with the predominating surface cover being vegetated and permeable is for areas of recreational uses where the predominant activities involve developed public physical facilities. The P, preservation district correlates with the preservation and the water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P, preservation district are as follows:
1.
Wildlife preserves.
2.
Freshwater and saltwater wetlands.
3.
Coastal dunes, etc.
4.
Conservation and recreation uses.
c.
Accessory uses. The accessory uses in the P, preservation district are as follows:
• Other accessory uses customarily incidental to permitted uses.
d.
Special exception uses.
• None.
e.
Minimum building site area requirements. The minimum building site area requirements in the P, preservation district are as follows:
Lot size:
1.
Minimum lot size in P, preservation district is 5,808 square feet.
2.
Density: There is no minimum density in the P, preservation district.
3.
Minimum unit size: No dwelling units are permitted except for existing nonconforming units in the P, preservation district.
f.
Setback requirements. The following minimum setbacks shall apply in the P, preservation district:
Front yard:
1.
Front yard setback in P, preservation zoning is:
i.
25 feet from the property line.
ii.
Minimum gulf front setback is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
Bay front setback shall be 20 feet. Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard.
3.
Side yard:
i.
A total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side yard setback shall be a minimum of ten feet on the street and a minimum of seven feet on the other side. This provision does not apply to gulf-front lots abutting beach accesses.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet containing with two habitable floors.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the P, preservation district is 0.10.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the P, preservation district is 0.20.
(10)
Public/semipublic zoning district—P/SP.
a.
Definition; purpose and intent. The purpose of the P/SP district is for areas to be used for public/semipublic, institutional or utility uses. The P/SP district correlates with the institutional (I), transportation/utility (T/U) and water/drainage feature (W/DF) categories of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, temporary lodging use of a dwelling.
b.
Permitted uses. The permitted uses in the P/SP district are as follows:
1.
Public/private schools.
2.
Hospitals.
3.
Churches/religious institutes.
4.
Fraternal/civic organizations.
5.
Municipal office/public buildings.
6.
Utility transmission line/electric power substation.
7.
Municipal water supply, wastewater disposal facility, solid waste/refuse disposal transfer, recycling facility.
8.
Public services.
9.
Garage/storage.
c.
Accessory uses. The accessory uses in the P/SP district are as follows:
1.
Other accessory uses customarily incidental to permitted uses.
2.
Any public/semipublic accessory or special exception use shall not exceed a maximum area of three acres. Any such use, alone or when added to existing contiguous like uses, which exceed this threshold shall require an appropriate plan and corresponding zoning map amendment which shall include such use and all contiguous like uses.
d.
Special exception uses.
• None.
e.
Minimum building site area requirements. The minimum building site area requirements in the P/SP district are as follows:
Lot size:
1.
Minimum lot size in P/SP district: 5,808 square feet.
2.
Density: There is no minimum density in the P/SP district.
3.
Minimum unit size: No dwelling units are permitted in the P/SP district.
f.
Setback requirements. The following minimum setbacks shall apply in the P/SP district:
Front yard:
1.
Front yard setback in P/SP zoning is:
i.
25 feet from the property line.
ii.
Minimum gulf front setback is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall.
2.
Rear yard:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
iii.
Minimum rear setback on a north/south street 20 feet.
iv.
Bay front setback shall be 20 feet.
3.
Side yard:
i.
A total of 15 feet with a minimum of seven feet on one side.
ii.
If the property is a corner lot (fronts on two bisecting streets), the side yard setback shall be a minimum of ten feet on the street and a minimum of seven feet on the other side. This provision does not apply to gulf-front lots abutting beach accesses.
4.
Gulf Boulevard: All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum of 25 feet from Gulf Boulevard.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 25 feet.
h.
Maximum floor area ratio coverage. The maximum floor area ratio coverage in the P/SP district is 0.65.
i.
Impervious surface ratio (ISR). The maximum impervious surface ratio (ISR) in the P/SP district is 0.85.
(11)
Planned development zoning district—PDD.
a.
Definition; purpose and intent. The purpose of a planned development district is to encourage flexibility in the design of the built environment and development of land; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open spaces. This district shall foster and encourage context-sensitive buildings and creative and innovative land development techniques. Applications for a planned development district are allowed only in the business district triangle overlay area of Indian Rocks Beach.
b.
Permitted uses. The permitted uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
c.
Accessory uses. The accessory uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
d.
Special exception uses. Upon application for a special exception to the board of adjustment and city commission and favorable action thereon, special exception uses in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
e.
Minimum building site area requirements.
1.
The minimum building site area requirements in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
2.
Density: The maximum density in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
3.
Minimum unit size: The minimum unit size in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
f.
Setback requirements. The minimum setbacks in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
g.
Maximum building height. For buildings constructed on pilings, the maximum height of pilings is ten feet. The maximum height of a building above pilings is 40 feet. Otherwise, the maximum height of a building is 50 feet.
h.
Maximum floor area ratio. Maximum floor area ratio in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses of the underlying future land use category.
i.
Impervious surface ratio (ISR). Maximum impervious surface ratio (ISR) in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses of the underlying future land use category.
j.
Required parking. The required number of parking spaces required in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
k.
Required landscaping. Required landscaping in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
l.
Signs. Signs shall be as provided for in the Indian Rocks Beach Code of Ordinances.
m.
Swimming pools. Swimming pools in the planned development district shall be as provided for and approved in the application for rezoning and shall conform in all respects to the uses and standards of the underlying future land use category.
n.
Miscellaneous zoning and land development regulation requirements. All other zoning and land development regulations requirements shall apply in the Planned Development District.
o.
Procedure for review and approval.
1.
A rezoning application shall be filed by or on behalf of the landowner with the city manager or designee. Maps and reports shall be submitted and be of sufficient detail to indicate conformance with the standards for reviewing planned development districts.
i.
Protection of unique, natural topographical features on the site;
ii.
Protection and preservation of environmentally sensitive features;
iii.
Development of common areas, open space or recreational areas accessible to the residents or users of the development by way of sidewalks, footpaths or combined walkways/bikeways;
iv.
Efficient use of the land including the reduction of land areas disturbed for utilities and motor vehicle access;
v.
Creation of innovative residential and business environments;
vi.
Reduction in alteration of the natural site features through the design and situation of individual lots, streets and buildings;
vii.
Diversity and originality in lot layout;
viii.
Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and
ix.
Relationship to surrounding properties.
p.
Compliance with development standards.
1.
A planned development district rezoning application shall include the following written and graphic materials specified.
2.
The rezoning application shall include the following written and graphic materials:
i.
Written materials shall include, but not be limited to, the following:
a)
Legal description of the total development parcel proposed for development including exact location and a statement of present and proposed ownership;
b)
Statement of development concept, including the planning objectives and the character of the development to be achieved;
c)
Development schedule indicating the appropriate date when construction can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development;
d)
Statement of intentions regarding the future selling or leasing of all or portions of the development, such as land area, dwelling units, and public facilities;
e)
Statement of financing plan, including projected sources and amounts of funds;
f)
Statement of how utilities and other public works will be provided, including design standards;
g)
The impact of the development on existing city services outside the development.
h)
Purpose statement, permitted uses, accessory uses, description of landscaping, parking and other zoning and land development standards.
i)
Building elevations.
ii.
Quantitative data including, but not limited to, the following:
a)
Parcel size;
b)
Proposed lot coverage of structures;
c)
Floor area ratio;
d)
Total amount of usable open space, both private and public;
e)
Total number and type of dwelling units by number of bedrooms;
f)
Residential and temporary lodging densities;
g)
Total amount in square footage of nonresidential construction by type of use;
h)
Number of parking spaces to be provided by use;
i)
Number and types of public facilities.
iii.
Graphic materials shall include, but not limited to, the following:
a)
Map of existing site conditions, including contours, watercourse, floodplains, unique nature features, existing vegetation, soil types, existing buildings;
b)
Map of existing on site and surrounding land use;
c)
Existing and proposed lot lines;
d)
Location and size of gross floor area of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, and nonresidential structures by use;
e)
Location and size in square feet of all usable open space and areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
f)
The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and all points of access to existing public rights-of-way;
g)
Proposed pedestrian circulation system;
h)
Existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
i)
General landscape plan indicating the treatment of materials used for private and common open spaces;
j)
Description of adjacent land areas, including land uses, zoning, densities, circulation systems, public facilities, and unique natural features of the landscape;
k)
Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences, and walls.
q.
General development standards.
1.
The planned development district shall be compatible with the regulations for the comprehensive plan land use category in which it is to be located.
2.
The planned development district shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provisions for the preservation of scenic features and amenities of the site and the surrounding area.
3.
The planned development district shall be designed, planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
r.
Arrangement of buildings.
1.
All buildings in the layout and design shall be integrated into one cohesive master plan for the development.
2.
The site design shall incorporate and connect pedestrian, bicycle and vehicular movement and access into the surrounding area.
3.
Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide visually and physically integrated development.
4.
Treatment of the sides and rear of all buildings within the planned development shall be compatible in amenity and appearance to treatment given to street frontages of the same buildings.
5.
All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be oriented as to preserve visual and audible privacy between adjacent buildings.
6.
All buildings shall be arranged so as to be accessible to emergency vehicles.
(12)
High density commercial tourist zoning district 1—CT-1.
a.
Definition; purpose and intent. The CT-1 district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT commercial tourist district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
More specifically, the CT-1 zoning district is to be used to allow for the conversion of existing, legally nonconforming zoning uses and structures to legally conforming zoning uses and structures to the greatest extent possible consistent with the comprehensive plan and the Pinellas County Countywide Rules. Each rezoning to CT-1 shall include a survey, site plan or comparable document depicting such items as setbacks and parking. Rezoning to CT-1 will not cure legally nonconforming items such as density, floor area ratio and impervious surface ratio. Nor can it be used to cure nonconformities related to FEMA, building code requirements and other requirements outside the authority, purview and jurisdiction of the City of Indian Rocks Beach.
In considering an application to CT-1 zoning in order to cure or remedy a legally nonconforming use or structure, the planning and zoning board, the local planning agency and the city commission shall give serious consideration to the positive contribution that the legally nonconforming use makes to the community. It is not the intent of these regulations to provide an exemption, variance or special exception from the city's zoning requirements related to the initial purpose of nonconforming uses.
b.
Permitted uses. The permitted uses in the CT-1 high density commercial tourist district 1 are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
9.
Tourist facility use.
10.
Office.
11.
Personal service/office support.
c.
Accessory uses. The accessory uses in the CT-1, commercial tourist district 1 are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustments and appeals and city commission and favorable action thereon, the following uses may be permitted in the CT-1, commercial tourist district 1:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT-1, commercial tourist district 1 are as follows:
1.
Lot size:
a)
Single-family: 5,808 square feet.
b)
Two-family, duplex: 5,808 square feet.
c)
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first three units and 1,452 square feet for each additional unit.
2.
Minimum width: 50 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
7.
As provided for in the survey, site plan or comparable document submitted with a rezoning application.
f.
Setback requirements. The following minimum setbacks shall apply in the CT-1 district:
1.
Front yard setback in CT-1 zoning is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Rear yard for hotel, motel, motor lodge and multi-family:
a)
Lots with an alley on the rear shall be set back 15 feet.
b)
Lots with no alley on the rear shall be set back 15 feet.
3.
Rear yard for single family and duplex:
a)
Lots with an alley on the rear shall be set back five feet.
b)
Lots with no alley on the rear shall be set back ten feet.
4.
Side Yard:
a)
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 with a minimum of seven on one side.
b)
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet [on] one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard and the other side setback shall be the minimum as calculated based on height and width of the building.
5.
Minimum rear setback on a north/south street: 20 feet.
6.
All lots with a front, side or rear yard on Gulf Boulevard shall have a minimum [setback] of 25 feet from Gulf Boulevard.
7.
Special provision: All lots in Blocks 3 and 4, Indian Rocks Subdivision shall have a minimum setback of 15 feet from Gulf Boulevard. This area is found south of Central Avenue.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
9.
As provided for in the survey, site plan or comparable document submitted with a rezoning application.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT-1 commercial tourist district 1 is 0.50 for hotels, motels, motor lodges and nonresidential uses. There is no maximum floor area ratio for single family, duplex, or multifamily in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT-1 zone for hotel, motel, multifamily structures and nonresidential uses is 0.70. There is no impervious surface ratio for single family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
(13)
High density commercial tourist zoning district 1—CT-1: 732-760 Gulf Boulevard.
a.
Definition; purpose and intent. The CT-1: 732-760 Gulf Boulevard district provides for various commercial tourist facilities of high density and related to both the natural assets of the city as well as the ability to provide the necessary public facilities and utilities. The CT-1: 732-760 Gulf Boulevard district correlates with the resort facilities high (RFH) category of the countywide plan. Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Temporary lodging use of dwellings is permitted.
More specifically the CT-1: 732-760 Gulf Boulevard zoning district is to be used to allow for the conversion of existing, legally non-conforming zoning uses and structures to legally conforming zoning uses and structures to the greatest extent possible consistent with the comprehensive plan and the Pinellas County Countywide Rules. Each rezoning to CT-1: 732-760 Gulf Boulevard shall include a survey, site plan or comparable document depicting such items as setbacks and parking. Rezoning to CT-1: 732-760 Gulf Boulevard will not cure legally nonconforming items such as density, floor area ratio and impervious surface ratio. Nor can it be used to cure nonconformities related to FEMA, building code requirements and other requirements outside the authority, purview and jurisdiction of the City of Indian Rocks Beach.
In considering the application to CT-1: 732-760 Gulf Boulevard zoning in order to cure or remedy a legally non-conforming use or structure, the planning and zoning board, the local planning agency and the city commission shall give serious consideration to the positive contribution that the legally non-conforming use makes to the community. It is not the intent of these regulations to provide an exemption, variance or special exception from the city's zoning requirements related to the initial purpose of non-conforming uses.
b.
Permitted uses. The permitted uses in the CT-1: 732-760 Gulf Boulevard district are as follows:
1.
Dwelling, single-family detached.
2.
Dwelling, two-family attached.
3.
Dwelling, multifamily attached.
4.
Hotels, motels, motor lodges.
5.
Planned unit development.
6.
Churches, synagogues and other houses of worship.
7.
Bed and breakfast establishments in accordance with section 110-592.
8.
Temporary lodging uses.
9.
Tourist facility use.
10.
Office.
11.
Personal service/office support.
c.
Accessory uses. The accessory uses in the CT-1: 732-760 Gulf Boulevard are as follows:
1.
Private garages.
2.
Swimming pools and cabanas.
3.
Other accessory uses customarily incidental to permitted or approved special exception uses.
d.
Special exception uses. Upon application for a special exception to the board of adjustments and appeals and city commission and favorable action thereon, the following uses may be permitted in the CT-1: 732-760 Gulf Boulevard district:
1.
Public land and buildings.
2.
Essential services.
3.
Publicly owned or operated parks or recreation area.
4.
Parking lots.
e.
Minimum building site area requirements. The minimum building site area requirements in the CT-1: 732-760 Gulf Boulevard district are as follows:
1.
Lot size:
i.
Single-family: 5,808 square feet.
ii.
Two-family, duplex: 5,808 square feet.
iii.
Multifamily: The minimum lot size for multifamily is 5,808 square feet for the first three units and 1,452 square feet for each additional unit.
iv.
Tourist facility use, office, personal service/office support: 5,808 square feet.
2.
Minimum width: 40 feet.
3.
Minimum depth: 100 feet.
4.
Density: The maximum density is 30 units per acre for both permanent dwelling units and temporary lodging.
5.
Minimum unit size: One-story single-family dwellings shall have a minimum of 1,000 square feet of living area, exclusive of garage, carport or open spaces. Two-story single-family dwellings shall have a minimum of 1,500 square feet of living area, exclusive of garage, carport or open spaces. Duplexes, regardless of the number of floors, shall have a minimum of 850 square feet of living area, exclusive of garage, carport and open spaces. Multifamily shall have a minimum of 750 square feet of living area, exclusive of garage, carport or open spaces.
6.
Residential equivalent use shall not exceed three beds per dwelling unit with 30 dwelling units per acre.
f.
Setback requirements. The following minimum setbacks shall apply in the CT-1: 732-760 Gulf Boulevard district:
1.
Front yard setback in CT-1: 732-760 Gulf Boulevard district is measured from the center line of the seawall. No structure or building shall be placed seaward or within 35 feet of the existing seawall, and all new seawall construction and/or seawall repair or replacement shall be permitted by the state department of environmental protection and the city. Further, all new seawall construction and/or repair shall maintain the existing seawall alignment as determined and approved by the city manager or designee and the state department of environmental protection. No city building permit shall be issued for development or redevelopment seaward of the coastal construction control line without approval from the state department of environmental protection where such approval is required by that agency.
2.
Based on the survey attached hereto, the existing residential structure shall have a minimum setback from Gulf Boulevard of 12 feet and a minimum setback from the south property line of four feet six inches.
3.
Rear yard for hotel, motel, motor lodge and multi-family:
i.
Lots with an alley on the rear shall be setback 15 feet.
ii.
Lots with no alley on the rear shall be setback 15 feet.
4.
Rear yard for single-family and duplex:
i.
Lots with an alley on the rear shall be setback five feet.
ii.
Lots with no alley on the rear shall be setback ten feet.
5.
Side yard:
i.
For buildings that do not exceed 25 feet in height above pilings: The side yard setback is a total of 15 [feet] with a minimum of seven [feet] on one side.
ii.
For buildings that exceed 25 feet in height above pilings: The side yard setback shall be a minimum of 12 percent of the building width on each side and the side yard shall be at least seven feet one side and 15 feet total on both sides. Also, for every two feet in height above 30 feet from grade, one foot shall be added to each minimum side yard. If the property is a corner lot abutting Gulf Boulevard and the structure fronts the beach access, the side setback shall be a minimum of 25 feet on Gulf Boulevard, and the other side setback shall be the minimum as calculated based on height and width of the building.
6.
Minimum rear setback on a north/south street: 20 feet.
7.
The existing commercial structure has no required setback from Gulf Boulevard or from the adjacent beach 8th Avenue beach access.
8.
Beach Trail: For purposes of this Code, Beach Trail is considered an alley.
9.
Any setbacks or other dimensional requirements not specified in the these provisions shall be prescribed by the survey attached hereto and made a part hereof with the exception of that portion of the commercial structure which encroaches into beach access public right-of-way on the north side of the property. These regulations do not provide rights for the reconstruction of that portion of the existing structure in that location.
g.
Maximum building height. The maximum height of pilings is ten feet. The maximum height of a building above pilings is 36 feet.
h.
Maximum floor area ratio. The maximum floor area ratio in the CT-1: 732-760 Gulf Boulevard district is 0.50 for hotels, motels, motor lodges and non-residential uses. There is no maximum floor area ratio for single-family, duplex, or multi-family in the CT district.
i.
Impervious surface ratio (ISR). The impervious surface ratio in the CT-1: 732-760 Gulf Boulevard district zone for hotel, motel, multi-family structures and non-residential uses is 0.70. There is no impervious surface ratio for single-family and duplex in the CT district.
j.
Construction on substandard lots. A single-family home may be constructed on a lot of record existing on May 11, 1981, as a permitted use in accordance with section 110-211.
k.
Parking. The existing development provides ten parking spaces.
l.
Redevelopment. If the current owner sells the property and redevelopment of the site is proposed, or if the current owner proposes redevelopment substantially different from the current development, then all dimensional standards derived from by the attached survey are no longer applicable and the dimensional standards of commercial tourist zoning become applicable.
(Code 1980, § 24-4; Ord. No. 320, § 1, 6-21-1982; Code 1989, § 21-111; Ord. No. 479, § 4, 3-29-1990; Ord. No. 522, 9-15-1993; Ord. No. 551, § 1, 4-20-1994; Ord. No. 2005-01, § 24, 5-5-2005; Ord. No. 2012-04, § 3, 11-13-2012; Ord. No. 2012-08, §§ 2—12, 9-19-2012; Ord. No. 2014-05, § 4, 1-28-2014; Ord. No. 2014-06, § 1(110.131.11), 1-28-2014; Ord. No. 2014-23, § 1, 8-12-2014; Ord. No. 2014-48, § 1, 1-13-2015; Ord. No. 2015-21, § 1, 4-12-2016; Ord. No. 2017-08, § 1, 1-9-2018; Ord. No. 2019-01, § 2, 2-12-2019)
The boundaries of the zoning districts are as shown upon the map which is made a part of this chapter and designated as "The Zoning Map of the City of Indian Rocks Beach, Florida." Such map and all notations, references, and other information shown thereon are and shall be part of this chapter and shall have the same force and effect as if they were all fully set forth or described in this chapter. Such map is properly attested and dated and shall be on file with the city clerk.
(Code 1980, § 24-5; Code 1989, § 21-112)
(a)
Generally. The zoning district boundary lines are intended generally to follow the centerlines of streets, existing lot lines or municipal boundary lines, as shown on the zoning map. Where a district boundary line does not follow such a line, its position is shown on such zoning map by a specific dimension expressing its distance in feet from the street centerline or other boundary line as indicated.
(b)
Determination by board of adjustments and appeals. In case of uncertainty as to the true location of district boundary line in a particular instance, the building official shall request the board of adjustments and appeals to render its determination with respect thereto; provided, however, no boundary line shall be changed by the board.
(Code 1980, § 24-6; Code 1989, § 21-113)
Except as otherwise provided in this chapter:
(1)
No building shall be erected and no building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner, other than as permitted in the district in which such building or land is located.
(2)
No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this chapter for the district in which such building is located.
(3)
No building shall be erected, and no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations designated in this chapter for the district in which such building or open space is located.
(4)
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot, except for cluster development or planned unit development as defined and replatted pursuant to article V of this chapter.
(5)
No building shall be erected which building does not comply with rules and regulations promulgated by the federal government and any agency thereof for the regulation of flood hazard areas to reduce flood losses unless a variance is duly and properly secured from the city commission in accordance with this chapter.
(6)
All land use and land development shall be in accordance with the city's comprehensive plan and this chapter. Where this chapter differs from the city's comprehensive plan, the more restrictive of the two shall be applied.
(Code 1980, § 24-33; Code 1989, § 21-114; Ord. No. 522, 9-15-1993)
(a)
Purpose. The purpose of the business district triangle overlay zone is to impose special development regulations. It is the intent of the city to foster new development and redevelopment in this area, making it a pleasant area for businesses and civic functions. The underlying land uses for each underlying zone classification shall remain undisturbed by the creation of an overlay zone except as specifically noted in this section. The overlay zone imposes additional or different development standards than those that would otherwise apply.
(b)
Boundaries. The business district triangle overlay zone is an area within the city limits bounded on the east by the Intracoastal Waterway, by Gulf Boulevard on the west and by Walsingham Road (SR 688) on the north and ending at the intersection of Gulf Boulevard and Bay Drive on the south.
(c)
Conflict with underlying zoning regulations. The regulations of this overlay zone shall supersede all conflicting regulations of the underlying zoning for properties located in the overlay zone. This provision does not eliminate current applicable zoning requirements.
(d)
Nonconforming structures. When a lawful structure exists on the effective date of the ordinance from which this section is derived or the effective date of an amendment to this section which could not be built under the terms of this article by reason of restrictions on the area, lot, coverage, height, yards, setbacks or other characteristics of the structure or its location on the lot, such structures may be allowed to continue to exist so long as they remain otherwise lawful, subject to the following provisions:
(1)
Any and all enlargement, extension, reconstruction or structural alteration greater than 25 percent of the assessed value of the structure, as determined by the county property appraiser's office or independent appraisal, or $15,000.00 in site improvements, shall require the property owners to place on file an approved, updated site plan and landscaping plan.
(2)
For purposes of this subsection, site improvements shall mean any change to improved or unimproved real estate, including, but not limited to, paving, excavating, landscaping or decking. Habitable structures are specifically excluded from this definition.
(e)
Use regulations and development standards.
(1)
Setbacks. There shall be a ten-foot minimum front yard setback from the property line. No structures or temporary fixtures/devices shall be located within any setback. Structures, within the overlay zone, shall be defined as signs, fences, stormwater retention areas, parking lots, parking bumpers, patios, seating, newspaper racks, decks above ground or on the ground, etc. The only exception is a one-foot by two-foot entrance/exit sign, no higher than 3½ feet, with sufficient sight distance from the driveway along the road. There shall be a limit of one driveway entrance and one sidewalk entrance per lot. The city may review individual sites for additional driveway or sidewalk entrances. The front is considered facing the road. Corner lot front designation must be approved by the city. A ten-foot minimum setback is required on other property boundaries abutting a right-of-way. The remaining boundary setbacks shall be five feet minimum with a city-reviewed and approved landscaping plan, which shall meet the overlay zone requirements regarding in-ground landscaping and irrigation.
(2)
Structures on right-of-way or sidewalk. No structures or temporary fixtures/devices as defined in subsection (e)(1) of this section shall be permitted in any right-of-way or sidewalk without prior approval of the city administration.
(3)
Fences. Fences located in the business district triangle overlay zone shall comply with article IV, division 5 of this chapter and the following provisions:
a.
Prohibited fences. In addition to those fences prohibited in section 110-289, chainlink fences shall be prohibited in the business district triangle overlay zone.
b.
Allowable fences. Fences shall be a minimum of 50 percent open and compatible with the architectural design of the main building, as determined by the city manager or designee, except that dumpsters and fences enclosing loading/storage areas shall be a solid wall or fence approved by the city manager or designee.
c.
Height. Dumpster enclosures and fences enclosing storage/loading areas shall not exceed six feet in height. Any other fence located in the business district triangle overlay zone shall not exceed three feet in height.
d.
Setback. Dumpster enclosures and fences enclosing storage/loading areas shall be located behind the front building line. All other fences shall be located not less than three feet from a front lot line or side lot line adjacent to a public right-of-way.
e.
Landscaping. Any fence located in a front yard or side yard adjacent to a public right-of-way shall be landscaped in accordance with a landscaping plan in compliance with subsection (e)(8) of this section and shall incorporate the following requirements: All areas between the public right-of-way and the fence shall be landscaped with ground cover or other ornamental vegetation, additional landscaping shall be planted along not less than 50 percent of the lineal distance of the fence, and all landscaping shall be chosen from the city's approved landscape palette from the Indian Rocks Beach Business Triangle Development Guide.
(4)
Adult entertainment. There shall be no adult entertainment establishments permitted in the overlay zone. For purposes of this subsection, adult entertainment shall be defined as any conduct or activity which involves an adult arcade, adult bookstore, adult video store, adult booths, adult modeling, adult photographic studio, adult theater, or adult nightclub or bar. These terms are further defined in section 110-1.
(5)
Restaurants. Restaurants are encouraged; however, bars, restaurants and other eating/drinking establishments with less than 51 percent of total revenues arising from food are prohibited. There shall be no packaged alcohol sales permitted.
(6)
Utilities; streetlights and security lights. No new utility poles or aboveground wires, except replacement poles and wires, shall be placed throughout the overlay zone district for new construction or additions to existing structures. All new utilities must be placed underground, the cost of which shall be borne by the property owner. Public and private street and security lighting poles may, upon written application, review and approval by the city, be installed. However, all wiring necessary for such lighting shall be required to be underground.
(7)
Parking requirements. No parking outside of designated spaces within the overlay zone is permitted. Delivery vehicles must be able to maneuver on-site or park in spaces on the street.
(8)
Landscaping. The property owner, with either new building construction, expansion and/or renovations, as defined in subsection (d)(1) of this section, for parking lot reconfiguration, shall be required to place in-ground landscaping and an irrigation system around the perimeter of the property as provided in the development guide. Property owners within the business district shall be required to place landscaping and irrigation as specifically outlined in the development guide or an approved equivalent. Fences, if desired, shall be set back behind the landscaping. Sight distances shall be maintained for all driveway accesses. The city shall have a limited palette of alternative landscaping materials listed. Any alternative can be administratively approved if it meets the business district development guide requirements. Landscaping must be maintained in excellent condition at all times.
(9)
Parking credits.
a.
Any business losing existing recognized parking due to the city reclaiming its right-of-way shall be given full credit for the same number of spaces with on-street parking.
b.
Parking requirements in the business district triangle overlay zone shall be ten percent less than what is otherwise required.
(10)
Architectural requirements. All new construction or major renovations as outlined in subsection (d)(1) of this section within the overlay zone should conceal mechanical (HVAC) units on the roof or adjacent to the building.
(11)
Prohibited uses. The following uses shall be prohibited in the overlay zone district:
a.
Drive-through restaurants.
b.
Service stations.
c.
Schools.
d.
Adult entertainment.
e.
Astrologers.
f.
Character reading.
g.
Clairvoyants.
h.
Divine healers.
i.
Fortunetellers.
j.
Mental healers.
k.
Palmists.
l.
Phrenologists.
m.
Pawnshops.
n.
Massage establishments as defined in section 110-1, except for those where services are provided by medical personnel or therapists who are licensed and regulated by the state and who are providing services included under the scope of a state license.
o.
Automotive sales.
p.
Tattoo parlors.
(12)
Lot consolidation. Those individuals, firms, or corporations using multiple lots for the purpose of a site plan approval or building permit application, as outlined in subsection (d)(1) of this section, within the overlay zone, shall be required to consolidate all lots into one lot and replat the property.
(13)
Paid parking lots. Paid parking lots shall be a permitted used in in the business district triangle overly zone.
(f)
Enforcement. The city commission shall, through the city administration, enforce and administer all provisions of this section and the accompanying development guide. Any and all activities prohibited by the overlay zone regulations and development guide shall be considered a violation of this Code. The city may enforce such requirements in any manner deemed appropriate.
(Code 1989, § 21-115; Ord. No. 629, § 1, 2-19-1997; Ord. No. 97-30, § 10, 6-23-1998; Ord. No. 00-17, § 3, 1-23-2001; Ord. No. 2011-03, § 25, 7-12-2011; Ord. No. 2011-12, § 1, 10-11-2011; Ord. No. 2014-14, § 1, 7-24-2014; Ord. No. 2019-01, § 3, 2-12-2019)
A property owner may apply to the city for verification and documentation of residential development rights. All such verified development rights may be transferable in whole or in part from one parcel of land to any other, subject to the limitations of this section.
(1)
Sender site criteria.
a.
The sender site density may be transferred, in whole or in part, from parcels identified as preservation on the city's land use map, subject to the density calculation limitations established in section 110-262.
b.
A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics of the preservation land use.
c.
There shall be no transfer of development rights from or to submerged land, or from outside the coastal hazard area into the coastal high hazard area.
d.
Where development rights cannot otherwise be determined for the preservation category based on local government provisions for transfer of development rights, the category shall be assigned a maximum density/intensity of one dwelling unit or five percent floor area ratio per acre, or both, as it is applicable based on the use characteristics to be utilized in the receiving parcel for any transfer of development rights.
e.
Such sending areas shall be protected through the recordation of a grant of conservation easement.
f.
No application for determination of development rights shall be accepted if the send site has any open permits or active code violations.
g.
All bonds, assessment, back city taxes, fees or liens (other than mortgages) affecting the parcel shall be paid in full prior to recordation of the warranty deed for the transfer of the development rights.
h.
Transfers from existing developed property are prohibited unless otherwise provided for by the countywide rules or approved special area plan.
i.
Transferred development rights shall be consistent with the receiver site land use characteristics.
(2)
Receiver site criteria.
a.
The receiver site shall be evaluated for its viability as an area of increased development. Factors include infrastructure, environmental suitability and the land uses of the surrounding areas.
b.
There shall be no transfer to the recreation/open space or preservation districts.
c.
With the exception of receiver sites located in the business district triangle overlay zone or a special area plan, development of the receiver site is subject to the limitations of the zoning district. For receiver sites located in the business district triangle overlay zone, the density/intensity for the site may exceed the otherwise applicable maximum density/intensity by 25 percent.
(Ord. No. 2011-03, § 26, 7-12-2011)
The city will review the application and pertinent material in order to verify the amount of residential density associated with the site. Upon determination of the development right(s), a unique identify number shall be assigned for the site for tracking and monitoring and the city shall issue the owner a "Determination of Development Right" stating the amount of approved residential density available.
(Ord. No. 2011-03, § 27, 7-12-2011)
(a)
The developer of a receiver site is encouraged to schedule a meeting with the staff prior to submission of an application for transfer. The purpose of the meeting is to discuss the development and/or redevelopment of the sender and receiver sites and to understand any limitation that may be imposed upon the sender and receiver sites.
(b)
The developer of a receiver site shall make application for the approval of the transfer of the development right(s) on a form provided by the city and approved by the countywide planning authority, and provide such information requested by the city to approve the transfers. At a minimum, the information shall include the following:
(1)
Identification of the sender and receiver sites; and
(2)
Proof of ownership of the receiver site and the development right(s) from the sending site.
(3)
A description of the proposed development or redevelopment of the receiver site.
(c)
The city will review the application to determine;
(1)
Compliance with the receiving site criteria;
(2)
If the proposed use of the receiving site can be permitted as of right or requires special exception approval. Development plan and approvals for the receiving site shall be subsequently processed as provided in the comprehensive plan and the LDRs according to the magnitude and type of the development proposed for the site; and
(3)
The validity of the sending site development(s), e.g., the development right(s) have a valid "Determination of Development Right" issued by the city per section 110-137.
(d)
Upon approval the city will issue the receiving site a permit using a unique identifier number for tracking and monitoring by the city. This permit may include conditions for approval.
(Ord. No. 2011-03, § 28, 7-12-2011)
In addition to the sender and receiver criteria requirements established in section 110-138, above, the transfer of development rights shall be subject to the following:
(1)
Deed of transfer.
a.
Prior to the issuance of a building permit authorizing the development of the TDR on the receiver site , a deed of transfer shall be recorded with the Clerk of Circuit Court for Pinellas County and a record copy filed with the Pinellas Planning Council. The sender site deed of transfer shall contain a covenant prohibiting the future use of the development right(s) utilized; and
b.
Neither the use nor density/intensity of the sender site shall be double counted nor shall the transfer of development rights result in any combination of use or density/intensity above that which was otherwise permitted under the applicable future land use map designation for the sending and receiving parcels, when taken together.
c.
The sender site from which all development rights are transferred shall be limited to the use characteristics and density/intensity standards of the preservation category.
d.
Where all development rights have previously been transferred from a sending parcel, no additional development rights shall be transferable from that parcel.
(2)
Warranty deed. A warranty deed shall be recorded in the chain of title of the receiver site evidencing the transfer of the development rights and limiting the site to the density/intensity that remains after the transfer.
(Ord. No. 2011-03, § 29, 7-12-2011)
(a)
The restrictions and controls intended to regulate development in each zoning district are set forth in Subpart B, which are supplemented by other sections or provisions of this chapter.
(b)
The zoning schedule of use controls in this division shall be deemed controlling, and the schedule sets forth the minimum requirements required in each zoning district. No use, structure, building, accessory use, special exception use, setback requirement or density requirement shall be permitted unless authorized by the board of adjustments and appeals in accordance with the lawful exercise of its powers as defined in section 2-148.
(c)
All footnotes shall have the force and effect of law and shall be utilized in the administration of this chapter.
(Code 1980, § 24-7; Code 1989, § 21-130; Ord. No. 479, § 5, 3-29-1990; Ord. No. 2014-05, § 5, 1-28-2014)
Editor's note— Ord. No. 2012-08, §§ 13—15, adopted Sept. 19, 2012, repealed §§ 110-152—110-154 in their entirety, which pertained to consistency matrix; schedule of setback requirements, height limitations, floor area ratios and impervious surface ratios; and schedule of minimum unit size and density limitations, respectively. See the Code Comparative Table for a complete derivation.
Intensity standards for nonresidential special exception uses are as follows: Under no circumstances shall the density, intensity, or uses permitted be inconsistent with that allowed on the city's future land use map. Also, if the zoning district used contains a more restrictive standard than that found in the city's Future Land Use Plan, the more restrictive standard shall apply.
(Code 1980, apps. 1, 2; Ord. No. 448, 2-15-1988; Code 1989, § 21-134; Ord. No. 479, § 7, 3-29-1990; Ord. No. 484, § 1(3), 5-16-1990; Ord. No. 522, 9-15-1993; Ord. No. 551, § 5, 4-20-1991; Ord. No. 572, § 1, 10-19-1994; Ord. No. 97-15, § 6, 8-20-1997; Ord. No. 2005-01, § 27, 5-5-2005; Ord. No. 2009-13, § 1, 10-13-2009; Ord. No. 2011-03, § 30, 7-12-2011; Ord. No. 2012-08, § 16, 9-19-2012)
Editor's note— Ord. No. 2012-08, § 16, adopted Sept. 19, 2012, changed the title of § 110-155 from "Schedule of use controls and permitted uses" to "Intensity standards for nonresidential special exception uses." This historical notation has been preserved for reference purposes.