The town adopts those land use (zoning) categories identified and defined in section X of the future land use element of the comprehensive plan, as amended, and the districts for these categories are established as indicated on the future land use map.

(Code 1979, § 23-21; Ord. No. 93-3, § 4, 7-13-93)

All real property located both within the town's corporate limits and west of Gulf Boulevard (State Road 699) shall be zoned for resort facilities medium use and shall be designated as zoning district RFM.

(Ord. No. 93-3, § 6, 7-13-93)

(a)

In zoning district RFM, any portion of a building or structure, a lot or any other real property shall be used only for any one or a combination of the following uses:

(1)

Residential unit.

(2)

Dwelling unit.

(3)

Single-family dwelling.

(4)

Multiple-family dwelling.

(5)

Apartment.

(6)

Efficiency apartment.

(7)

Tourist lodging facility.

(8)

Residential condominium dwelling.

(b)

Restrictions to permitted uses shall be as follows:

(1)

For exceptions to permitted uses listed in subsection (a) of this section, see section 110-149 for uses which shall not be permitted in zoning district RFM.

(2)

The maximum density is 18.0 residential units per buildable acre.

(3)

Nonresidential use. The maximum FAR is .40 (40 percent).

(Code 1979, § 23-23(2); Ord. No. 93-3, § 3, 7-13-93; Ord. No. 2008-2, § 2, 3-12-08; Ord. No. 2009-2, § 4, 3-10-09)

Accessory buildings, structures and uses or services which are customarily related to one of the principal uses listed in section 110-147 will be permitted in the RFM district only when accessory to the permitted principal use. Such ancillary uses and services shall be provided only for the occupants of the permitted principal residential use.

(Code 1979, § 23-23(3); Ord. No. 93-36, § 6, 7-13-93)

In zoning district RFM, no portion of any building or structure or lot or any other real property shall be used for any of the following uses:

(1)

Business or commercial unit.

(2)

Multipurpose building.

(Code 1979, § 23-23(4); Ord. No. 93-3, § 6, 7-13-93; Ord. No. 95-15, § 1, 12-12-95)

All real property located both within the town's corporate limits and east of Gulf Boulevard (State Road 699) shall be zoned for residential/office/retail use and shall be designated as zoning district ROR.

(Code 1979, § 23-24(1))

(a)

In zoning district ROR, any portion of a building or structure, a lot or any other real property shall be used only for any one or a combination of the following uses:

(1)

Residential unit.

(2)

Dwelling unit.

(3)

Single-family dwelling.

(4)

Multiple-family dwelling.

(5)

Apartment.

(6)

Efficiency apartment.

(7)

Tourist lodging facility.

(8)

Residential condominium unit.

(9)

Offices.

(10)

Business or commercial unit.

(11)

Multipurpose building.

(12)

Cultural arts centers.

(b)

Restrictions to permitted uses shall be as follows:

(1)

For exceptions to permitted uses listed in subsection (a) of this section, see section 110-174 for uses, which shall not be permitted in zoning district ROR.

(2)

All new business or commercial development shall be of a community business nature or be otherwise compatible with existing community development and shall be located on their sites in a manner designed to provide the greatest compatibility with existing adjacent developments.

(3)

The maximum density is 18.0 residential units per buildable acre.

(4)

Nonresidential use. The maximum FAR is .40 (40 percent).

(5)

Residential equivalent use. Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit.

(Code 1979, § 23-24(2); Ord. No. 00-5, § 11, 12-12-00; Ord. No. 2008-2, § 3, 3-12-08; Ord. No. 2009-2, § 5, 3-10-09)

(a)

Accessory buildings, structures and uses which are customarily related to one of the principal uses listed in section 110-172 will be permitted in the ROR zoning district only when accessory to the permitted principal use.

(b)

A home occupation may be operated within a residence by the occupants living in such residence as an accessory use thereto when approved by the planning, zoning and building committee and when occupying no more than one-third of the total floor area of the residence.

(Code 1979, § 23-24(3); Ord. No. 93-3, § 7, 7-13-93)

In zoning district ROR, no portion of any building or structure or lot or any other real property shall be used for any of the following uses:

(1)

Assembly or manufacturing.

(2)

Industrial uses.

(3)

Any use, activity or operation which contaminates or pollutes or has a substantial potential to contaminate or pollute, water, soil or air.

(Code 1979, § 23-24(4))

The following uses may be permitted in zoning district ROR only as special use exceptions by the town council at a public hearing held in compliance with sections 110-81, 110-82 and 110-87:

(1)

Adult congregate living facility.

(2)

Recreational facilities.

(3)

Public utilities facilities.

(4)

Travel parks for recreational vehicles with the provision that such facilities must first meet all of the requirements of chapter 58 of this Code.

(Code 1979, § 23-24(5); Ord. No. 93-3, § 7, 7-13-93; Ord. No. 95-15, § 2, 12-12-95)

The boundaries for property zoned district I, institutional, shall be as indicated on the future land use map and addendum thereto.

(Ord. No. 93-3, § 8(A)(1), 7-13-93)

(a)

Any portion of a building, structure, lot or other real property located within zoning district I shall be used for one or a combination of the following uses:

(1)

Residential.

(2)

Public or private schools.

(3)

Outpatient clinic.

(4)

Churches, religious institutions.

(5)

Cultural arts centers.

(6)

Municipal offices, public buildings.

(7)

Other related uses necessary to the provision of community services.

(8)

Telephone transmission towers and accessory buildings east of Gulf Boulevard (SR 699) only.

(b)

Restrictions to permitted uses shall be as follows:

(1)

Impervious surface ratio (ISR) shall not exceed 0.80 (80 percent).

(2)

The maximum density is 12.5 residential units per buildable acre.

(3)

The maximum FAR is .65 (65 percent).

(Ord. No. 93-3, § 8(A)(2), 7-13-93; Ord. No. 95-6, § 1, 7-11-95; Ord. No. 2008-2, § 4, 3-12-08; Ord. No. 2009-2, § 6, 3-10-09; Ord. No. 2009-7, § 2, 9-9-09; Ord. No. 2021-08, Exh. A, 10-12-21)

Permitted accessory uses in zoning district I shall be accessory buildings, structures and uses which are customarily related to one of the principal uses listed in section 110-202.

(Ord. No. 93-3, § 8(A)(3), 7-13-93)

Nonpermitted uses in zoning district I shall be any use, activity or operation which contaminates or pollutes or has a substantial potential to contaminate or pollute water, soil or air.

(Ord. No. 93-3, § 8(A)(4), 7-13-93)

Section 110-202(a)(7) contained herein shall be modified to allow a telephone transmission tower in an institutional (I) district east of Gulf Boulevard (SR 699) to exceed the maximum allowed height specified in section 110-322 by not more than 120 feet without additional required setback. Notwithstanding other provisions of these regulations, the height of telephone transmission towers shall in no case exceed the height limitations prescribed by the Federal Aviation Agency [Administration] within the flight approach zone patterns of airports. Approval by the Federal Aviation Administration of such structure heights shall, when applicable, be required when such structures are located within the flight approach zones of airports.

(Ord. No. 95-6, § 2, 7-11-95)

Shall include the following:

(1)

Acreage limitations—Ancillary non-residential; transportation/utility use. Shall not exceed a maximum area of ten acres. Any such use, alone or when added to existing contiguous like use(s), which exceeds this threshold shall require a plan map amendment which shall include such use and all contiguous like uses.

(Ord. No. 2008-2, § 4, 3-12-08)

The boundaries for property in the transportation/utility (TU) district shall be as indicated on the future land use map and addendum thereto.

(Ord. No. 93-3, § 8(B)(1), 7-13-93)

(a)

Any portion of a building, structure, lot or other real property located within zoning district T/U shall be used for one or a combination of the following uses:

(1)

Utility transmission line/electric power substation.

(2)

Telephone switching station.

(3)

Municipal water supply facility.

(4)

Wastewater disposal facility.

(5)

Solid waste/refuse disposal facility.

(6)

Transfer recycling facility.

(7)

Transport and other related uses necessary to the provision of community services.

(b)

Restrictions to permitted uses shall be as follows:

(1)

Impervious surface ratio (ISR) shall not exceed 0.80 (80 percent).

(2)

The maximum density is 0.0 residential units per buildable acre.

(3)

Non-residential use. The maximum FAR is .30 (30 percent).

(Ord. No. 93-3, § 8(B)(2), 7-13-93; Ord. No. 2008-2, § 5, 3-12-08)

Accessory uses permitted in zoning district T/U shall be accessory buildings, structures and uses which are customarily related to one of the principal uses listed in section 110-227.

(Ord. No. 93-3, § 8(B)(3), 7-13-93)

Nonpermitted uses in zoning district T/U shall include any use, activity or operation which contaminates, pollutes or has a substantial potential to contaminate or pollute water, soil or air.

(Ord. No. 93-3, § 8(B)(4), 7-13-93)

(a)

An appropriate buffer, as determined by the local jurisdiction, shall be provided within and between the transportation/utility category and any other adjoining classification, other than industrial.

(b)

Where a utility transmission line otherwise included within this category is located in an easement as distinct from a right-of-way, this category shall be shown as an overlay, superimposed over, and applicable in addition to, the otherwise applicable underlying category.

(c)

Acreage limitations—Institutional; ancillary non-residential use. Shall not exceed a maximum area of ten acres. Any such use, alone or when added to existing contiguous like use(s), which exceeds this threshold shall require a plan map amendment which shall include such use and all contiguous like uses.

(Ord. No. 2008-2, § 6, 3-12-08)

The boundaries for property in the recreation/open space (R/OS) district shall be as indicated on the future land use map and addendum thereto.

(Ord. No. 93-3, § 8(C)(1), 7-13-93)

(a)

Any portion of a building, structure, lot or other real property located within zoning district recreation/open space (R/OS) shall be used for one or a combination of the following uses:

(1)

Public parks.

(2)

Public recreation facilities.

(3)

Public beach or water access.

(4)

Public or private open space.

(b)

Restrictions to permitted uses shall be as follows:

(1)

Impervious surface ratio (ISR) shall not exceed 0.50 (50 percent).

(2)

The maximum density is 0.0 residential units per buildable acre.

(3)

Non-residential use. The maximum FAR is .20 (20 percent).

(Ord. No. 93-3, § 8(C)(2), 7-13-93; Ord. No. 2008-2, § 7, 3-12-08)

The accessory uses permitted in the transportation/utility district are accessory buildings, structures and uses which are customarily related to one of the principal uses listed in section 110-252.

(Ord. No. 93-3, § 8(C)(3), 7-13-93)

The nonpermitted uses in the R/OS district include any use, activity or operation which contaminates or pollutes or has a substantial potential to contaminate or pollute water, soil or air.

(Ord. No. 93-3, § 8(C)(4), 7-13-93)

The boundaries for property in the preservation (P) district shall be as indicated on the future land use map and addendum thereto.

(Ord. No. 93-3, § 8(D)(1), 7-13-93)

(a)

Areas zoned P are intended for the preservation, conservation and protection of vital natural resources and features of significant environmental or ecological importance. The public is encouraged to appreciate and enjoy the many benefits of these areas while taking all necessary precautions to preserve and protect the natural state thereof. Bathers and fishermen are encouraged to enjoy the adjacent waters but are admonished not to remove or destroy the flora and fauna of these areas and to avoid disturbing of soils, foliage or wildlife habitat.

(b)

Restrictions to permitted uses include construction of fences, paths, walkways, dune crossovers or other projects designed to protect the environment of these areas that may proceed only with the full written consent of the town council.

(Ord. No. 93-3, § 8(D)(2), 7-13-93)

The nonpermitted uses in the P district shall be as follows:

(1)

Any use, activity or operation, which contaminates or pollutes or has a substantial potential to contaminate or pollute water, soil or air.

(2)

Unauthorized construction of any kind, including but not limited to building, excavating, filling, grading, planting, dumping or trimming or removal of vegetation is expressly prohibited.

(3)

Impervious surface ratio (ISR) shall not exceed 0.20 (20 percent).

(4)

The maximum density is 0.0 residential units per buildable acre.

(5)

Non-residential use. The maximum FAR is .10 (10 percent).

(Ord. No. 93-3, § 8(D)(4), 7-13-93; Ord. No. 2008-2, § 8, 3-12-08)

Shall include the following:

•  An appropriate buffer, as determined by the local jurisdiction, shall be provided for wetland preservation areas.

(Ord. No. 2008-2, § 9, 3-12-08)

As used in these ordinances, the town square plan area, also referred to as the town square planning area, shall mean the area encompassed by 191st Avenue on the south, a mangrove-lined drainage ditch on the east, 193rd Avenue on the north, and Gulf Boulevard on the west. This description of the boundaries of the town square plan area supersedes any prior descriptions or depictions of the town square plan area boundaries.

(Ord. No. 2010-01, § 2, 2-9-10)