In order to implement the comprehensive plan in a manner consistent with F.S. § 163.3201, the land development regulations in this division are established. They are intended to assist in managing comprehensive planning issues surrounding the use and/or development of specific lots, parcels, and tracts of land or any combination thereof within the city.

(Ord. No. 97-10, § 1(2-4.1), 7-3-1997)

The following table references adopted future land use map designations contained in the land use element of the city comprehensive plan and identifies corresponding zoning districts which are established in order to implement the future land use map designations, respectively:

FUTURE LAND USE MAP DESIGNATIONS AND ZONING DISTRICTS

(Ord. No. 97-10, § 1(2-4.2), 7-3-1997; Ord. No. 12-33, § 1, 9-18-2012; Ord. No. 18-04, § 1, 2-7-2018; Ord. No. 21-06, § 2, 2-18-2021)

(a)

Map adoption. The boundaries of each zoning district are on the official zoning map for the city. The boundaries of the districts, together with all explanatory statements thereon, are adopted and incorporated as a part of this subpart B. Pursuant to Laws of Fla. ch. 78-540, § 8, the city shall exercise extraterritorial zoning powers within an area extending 600 feet into the tidal waters adjacent to the corporate city limits. Accordingly, the official zoning map of the city shall apply a zoning classification of "conservation-outstanding waters of the state (C-OW)" district to the described tidal waters. These tidal waters are designated "conservation-outstanding waters of the state (C-OW)" on the future land use map and are part of the designated National Marine Sanctuary.

(b)

Map amendment. Procedures for amendment of the official zoning map are as follows:

(1)

No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this subpart B. If changes or amendments are made to district boundaries or other subject matter portrayed on the official zoning map, such changes or amendments shall be made promptly after official adoption of the change or amendment as provided for in this subsection. The city clerk shall be responsible for ensuring that the physical updating and amendment of the official zoning map is carried out in a timely manner.

(2)

Where a proposed rezoning affects a large portion of the land area of the city, it shall be considered to be legislative in nature and shall be enacted in accordance with legislative standards contained in the state constitution, the state statutes, the city's comprehensive plan and the city land development regulations.

(3)

Where a proposed rezoning affects a limited number of persons or property owners or is contingent on a fact arrived at from distinct alternatives presented at a hearing and where the decision can be functionally viewed as policy application rather than policy setting, it shall be considered to be quasijudicial in nature, and the rules contained in this subsection shall apply. The property owner shall have the burden of proving that the rezoning proposal is consistent with the comprehensive plan and that it complies with all procedural requirements of the zoning ordinances. Should the property owner prove these elements, the burden shifts to the city commission to show that maintenance of the existing zoning classification with respect to the property accomplishes a legitimate public purpose and to show that denial of rezoning approval is not arbitrary, discriminatory, or unreasonable. In rendering a decision, the city commission shall not be required to make a finding of fact. City commission action on a rezoning request for a limited number of persons or property owners shall be reviewable by petition for writ of certiorari in accordance with the Florida Rules Appellate Procedure. The standard for review shall be "strict scrutiny," by which is meant the same standard as that used in the review of other quasijudicial decisions and not constitutional cases. The city commission's decision should be upheld if the city can show that there was competent substantial evidence presented to the city commission to support its ruling.

(4)

The new official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending this subpart B or any subsequent amendment thereto without duly noticed public hearings as provided in this subsection.

(5)

When any official zoning map is replaced, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment.

(Ord. No. 97-10, § 1(2-4.3), 7-3-1997)

When uncertainty exists as to boundaries of the districts on the official zoning map, the following rules shall apply:

(1)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways and alleys shall be construed as following such lines.

(2)

Lot, section and tract lines. Boundaries indicated as approximately following platted lot lines or section or tract lines shall be construed as following such lines.

(3)

Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

(4)

Shorelines. Boundaries indicated as following shorelines shall be construed as following the mean high water line (MHW), and if the mean high water line changes, the shoreline shall be construed as moving with the mean high water line. Boundaries indicated as approximately following the centerline of streams, rivers, canals, or other bodies of water shall be construed to follow such centerlines.

(5)

Parallel lines. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(6)

Bisecting lines. Where district boundary lines approximately bisect blocks, the boundaries are the median line of such blocks, between the centerlines of boundary streets.

(7)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or if any other uncertainty exists, the city commission shall interpret the intent of the official zoning map as to the location of district boundaries.

(8)

Street abandonments. Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street, or alley.

(9)

Excluded areas. Where parcels of land and water areas have been inadvertently excluded from a zoning district classifica tion in any manner, such parcels shall be classified in conformance with the most restrictive zoning district which abuts the excluded area until or unless changed pursuant to amendment procedures contained in this division.

(Ord. No. 97-10, § 1(2-4.4), 7-3-1997)

No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than a use permitted in the district in which such building, land or water is located. No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied area, or higher density or intensity than is prescribed for such building or land within the district regulations in which the building or land is located. No lot which is or which may be built upon shall be so reduced in area so that the yards and open spaces will be smaller than prescribed by this subpart B.

(Ord. No. 97-10, § 1(2-4.5), 7-3-1997)

In the classification of uses stipulated by zoning district in divisions 2 through 14 of article IV and divisions 2 and 3 of article V of this chapter, wherever reference is made to the term "other similar uses," the planning board and city commission shall apply the following procedures and criteria in the review of such uses:

(1)

The criteria for review shall be the same general criteria used in review of conditional uses.

(2)

Procedures for review shall be the same procedures used in review of a conditional use.

(3)

In addition, the planning board and city commission shall determine:

a.

Whether the use is similar in character to other uses cited in the specific land use classification; and

b.

Whether the impacts generated by the use are similar in character to the impact generated by other uses cited in the specific land use classification.

(Ord. No. 97-10, § 1(2-4.6), 7-3-1997)

This article and divisions 2 and 3 of article V of this chapter describe the purposes and intent of each zoning district, identify permitted and conditional uses by zoning district, and provide size and dimensional regulations for respective zoning districts. All proposed new development shall be required to comply with performance criteria of chapters 94, 102 and 106; articles I and III through IX of chapter 108; site plan review requirements of article II of chapter 108; and chapters 110 and 114. Divisions 2 through 14 of this article and divisions 2 and 3 of article V of this chapter present the basic purpose and intent of each zoning district and the uses permitted therein.

(Ord. No. 97-10, § 1(art. V), 7-3-1997)

(a)

The purpose of this division is to implement the comprehensive plan policies for preserving areas designated "conservation" on the comprehensive plan future land use map. These conservation district areas primarily consist of environmentally sensitive natural resources and systems, including but not limited to the Salt Ponds, tidal wetlands, mangroves, freshwater wetlands, transitional wetlands, upland hammocks, and waters of the state including an area extending 600 feet into the tidal water adjacent to the corporate city limits. The intent of this district is to provide for the longterm preservation of environmentally sensitive natural resources systems designated "conservation" on the comprehensive plan future land use map.

(b)

No development shall be permitted within the conservation district and/or within waters below mean high water, wetlands, upland habitats or yellow heart hammocks unless the applicant for such development provides proof of permits or proof of exemptions from all applicable state or federal agencies having jurisdiction. Where the city determines that development should be allowed to occur for purposes of avoiding a taking, the density in no case shall exceed one unit per ten acres, and site alteration shall be limited to ten percent of the entire site.

(c)

The developer/applicant of lands within the conservation (C) district shall be required to provide a site-engineered delineation of all environmentally sensitive lands, including but not limited to wetlands and upland habitat and shall also indicate the location of lands or waters within the jurisdiction of the state and/or federal government. The applicant shall bear the burden of proof in determining that development plans required pursuant to article II of chapter 108 include appropriate mitigative techniques to prevent/minimize adverse impacts to wetlands, transitional wetlands, upland habitat, yellow heart hammocks, tidal waters, including benthic communities, such as seagrass beds and algal beds, as well as other live bottom communities such as reef systems, or other environmentally fragile natural systems. An on-site survey by environmental professionals shall be submitted by the applicant. Such determinations shall be based on physical and biological data obtained from specific site investigations and provided with the earliest application for city development approval. These determinations shall be predicated on findings rendered by professionals competent in producing data and analyses necessary to support impact assessments, including findings regarding the impacts of potential development on the physical and biological function and value of environmentally sensitive lands. Any development within the conservation districts shall be required to comply with all performance criteria of chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, especially section 108-1; article III of chapter 110; and articles IV, V, VII and VIII of chapter 110 pertaining to environmental protection, as well as all other applicable land development regulations.

(Ord. No. 97-10, § 1(2-5.1(A)), 7-3-1997)

(a)

A transfer of development rights (TDR) shall be provided for all land within the conservation district at a density of one unit per one acre. These environmentally sensitive sites shall be designated as "sending areas," and landowners within such "sending areas" shall be able to sell their density rights on the open market to landowners of specific parcels of land within the Key West Bight Redevelopment Area which are identified by the city as "receiving areas."

(b)

In executing the transfer of development rights program, during the initial two-year period following adoption of the comprehensive plan, sending areas shall be exclusively restricted to environmentally sensitive wetlands located within the South A1A-Atlantic Boulevard Corridor, including but not limited to the salt pond area. However, following the initial two-year period, other sites may be identified as sending areas based on a thorough analysis of the effectiveness of the transfer of development rights program. The addition of new sending areas shall require amendment to the land development regulations. Specific receiving areas must be identified in the comprehensive plan. These receiving areas shall be limited to approved sites in the Key West Bight Redevelopment Area designated "HRCC-2" on the future land use map.

(c)

The addition of any area other than the HRCC-2 area as a receiving area shall require a comprehensive plan amendment. The city must approve site plans for development of such receiving areas prior to commencement of activity. All transfers of development rights shall be recorded in the official records of the county in a deed, contract for deed, or other legal document conveying property. Density in the Key West Bight receiving areas shall be consistent with comprehensive plan policy 1-2.3.3. In the Key West Bight area, clustering of residential units is encouraged to preserve waterfront views and open space.

(d)

The specific receiving area threshold must be approved by the city. Similarly, the city must approve each transfer of development rights from a sending area to a receiving area. Prior to approving the transfer of development rights, the city shall render a finding that the owner of land in the impacted sending area has provided the city with legal instruments acceptable to the city attorney which dedicate conservation easements. The conservation easements shall prohibit any development right from being transferred more than one time. In addition, the conservation easement shall prohibit all future development of the respective sending area. When only a portion of transferrable units are transferred, the sending area applicant/owner shall be entitled to reapply for additional transfer of development rights until whichever of the following first occurs:

(1)

The applicant/owner has exhausted all transfers of development rights on the subject sender site;

(2)

The city's capacity to absorb transfers of development rights at approved Key West Bight Redevelopment Area receiving sites has been exhausted; or

(3)

The city's building permit allocation has been exhausted.

(e)

The city shall prepare and maintain a system for tracking the sale and acquisition of development rights transferred from sending areas to receiving areas. The transfer of development rights tracking system shall serve as an official ledger of density transfers and, as a minimum, shall record each approved transfer of development rights by real estate parcel citing landowners, zoning, land area, base density allowed by zoning, as well as dwelling unit capacity after each transfer of development rights is approved.

(Ord. No. 97-10, § 1(2-5.1(B)), 7-3-1997)

All development within the conservation district shall be by conditional use due to the environmental sensitivity of lands within the conservation district.

(Ord. No. 97-10, § 1(2-5.1(C)), 7-3-1997)

Prior to any development within a conservation district, all state or federal agencies having jurisdiction shall have granted requisite permits, including but not limited to dredge and fill permits. As stated in article III of this chapter pertaining to conditional uses, applicants for a conditional use must demonstrate that the proposed uses and facilities identified in this section are compliant with all applicable criteria and relevant mitigative measures for conditional use approval, including but not limited to wetland preservation, coastal resource impact analysis and shoreline protection, protection of marine life and fisheries, protection of flora and fauna, and floodplain protection. The design of proposed conditional use facilities shall be required to apply mitigative measures to prevent and/or minimize adverse impacts on natural systems, including but not limit to habitats, water quality, and the physical and biological functions of wetlands. The size and scale of such development shall be restricted. The proposed uses and facilities that shall be compliant with all applicable criteria and relevant mitigative measures for conditional use approval are as follows:

(1)

Areas below mean high water. Within areas below mean high water only water-dependent facilities are permitted, including the following:

a.

Fishing piers, docks and related boardwalks not exceeding a width of five feet; and

b.

Watercraft.

(2)

Areas above mean high water. Within areas above mean high water the following uses are permitted:

a.

Boardwalks not exceeding a width of five feet which shall be elevated in order to reduce adverse impacts on hydrologic functions of wetlands.

b.

Water-related facilities as follows:

1.

Hiking trails not exceeding a width of four feet to avoid adverse impacts on upland habitats and those portions traversing waterways shall be elevated in order to reduce adverse impacts on hydrologic functions.

2.

Picnic areas.

3.

Observation towers which shall be elevated in order to reduce adverse impacts on hydrologic functions of wetlands.

c.

Residential development is restricted as follows:

1.

The maximum density shall be one unit per ten acres. No residential development shall be approved on a site within the conservation district unless a development plan incorporating appropriate mitigation procedures and environmentally sensitive design techniques has been submitted and approved by the city pursuant to article II of chapter 108 and performance criteria of chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, especially environmental protection criteria of section 108-1; article III of chapter 110; and articles IV, V, VII and VIII of chapter 110.

2.

Where isolated uplands or disturbed areas are located on a site proposed for development within the conservation district, all development shall be directed to such uplands or disturbed areas; however, the city may determine that, due to the specific size, shape or location of such uplands, less disturbance to environmentally sensitive land will occur if development is allowed within a portion of the wetlands. On-site residential development shall be required to apply cluster design techniques so that the development minimizes disturbance of wetland and upland habitat buffering wetlands.

3.

Where on-site residential is approved by the city, no transfer of development shall be approved on the subject site. If a proposed development lies within a conservation district and another zoning district, the total density and intensity shall not exceed the weighted average provided for in the specific district regulation impacting the site. Once a specific area to be developed has been determined, a conservation easement shall be prepared by the applicant, approved by the city, and filed with the county court clerk. The conservation easement shall preserve in perpetuity all on-site wetlands and upland habitat together with any required upland buffer as open space. The development plan, including the conservation easement, shall be the subject of a development agreement pursuant to article IX of chapter 90.

d.

Transfer of development rights is restricted pursuant to the terms of an approved development agreement, as provided in article IX of chapter 90, at a density of one unit per one acre from an approved conservation district sender site to an approved HRCC-2 receiving site. Transfers of development rights together with the required conservation easement shall be duly recorded with the county court clerk as provided in section 122-127. The conservation easements shall prohibit any development right from being transferred more than one time. For further limitations, refer to section 122-127 and division 6 of article V of this chapter.

e.

Public and private utilities are permitted where such facilities are essential to the public health, safety and welfare.

(Ord. No. 97-10, § 1(2-5.1(D)), 7-3-1997)

All uses not specifically or provisionally provided for in this division are prohibited in the conservation district.

(Ord. No. 97-10, § 1(2-5.1(E)), 7-3-1997)

The dimensional requirements in the conservation district are as follows:

(1)

Maximum density: one dwelling unit per ten acres (0.1 du/acre).

(2)

Maximum floor area ratio: 0.01.

(3)

Maximum height: 25 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: five percent.

b.

Maximum impervious surface ratio: five percent.

c.

Maximum site alteration: ten percent.

(5)

Minimum lot size: ten acres.

(6)

Minimum setbacks: All development, excepting permitted water-dependent uses, must comply with requirements for setbacks from wetlands and open waters established in sections 110-91 and 122-1148.

(Ord. No. 97-10, § 1(2-5.1(F)), 7-3-1997)

Pursuant to Laws of Fla. ch. 78-540, § 8 and comprehensive plan objective 1-2.4 and comprehensive plan policies 1-2.4.1 and 5-1.1.4, the city shall regulate the location as well as the intensity and character of permanent and temporary commercial water-sport structures, uses, and related activities within an area extending 600 feet into the tidal waters adjacent to the corporate city limits. This section and sections 122-133 through 122-143 do not apply to watercraft located within a duly permitted marina. Applicants desiring to develop, establish or expand temporary or permanent structures, uses, and related activities of a commercial nature within the subject tidal waters, including but not limited to commercial water-sport operations with a clientele which is usually transported from the shoreline into tidal waters, shall be required to file a major development plan pursuant to procedures set forth in article II of chapter 108. The applicant shall be required to submit a plan compliant with applicable performance criteria set forth in chapter 94; chapters 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, including but not limited to article IV of chapter 110 pertaining to coastal resource impact analysis and article VII of chapter 108 pertaining to off-street parking and loading requirements. In addition, the applicant shall comply with the location criteria, design and aesthetic criteria and safety standards cited in sections 122-133 through 122-143.

(Ord. No. 97-10, § 1(2-5.1(G)), 7-3-1997)

In addition to the coastal impact analysis criteria set forth in article IV of chapter 110, the coastal impact analysis required in section 122-132 shall include the following:

(1)

Description of potential adverse impacts. The coastal impact analysis shall include a description of the potential adverse impacts on hardbottom biological communities caused by the following:

a.

Any proposed construction activity; and

b.

Uses accommodated by the proposed structure, including but not limited to proposed recreational activities involving motorized watercraft.

(2)

Map of tidal waters potentially impacted by the structure and related uses. The analysis shall include a map delineating the location of the proposed structure as well as the area to which related activities associated with the structure shall be restricted.

(3)

Proposed signs associated with commercial use. The application shall include proposed signs to be placed on the subject property, including any signs to be placed on floating platform docks. Any such sign shall be subject to review and approval pursuant to chapter 114.

(Ord. No. 97-10, § 1(2-5.1(G)(1)), 7-3-1997)

The applicant desiring to develop, establish or expand temporary or permanent structures, uses, and related activities of a commercial nature within the tidal waters shall be responsible for obtaining all applicable permits from state and/or federal agencies having jurisdiction. The city shall coordinate with appropriate state and federal agencies having jurisdiction and/or knowledge of living marine resources within the subject tidal waters. The applicant shall bear the cost of any field analysis, expert testimony, and related work required to ascertain the location of and mitigative measures required to protect and/or restore benthic communities, including seagrass beds, algal beds, and other live bottom communities such as reef systems, that will potentially be impacted by the proposed structure as well as the uses accommodated by the structure. The city shall retain to power to select appropriate professionals to perform required field analysis and other technical work required in the review of the application, including technical evaluation of disputed issues.

(Ord. No. 97-10, § 1(2-5.1(G)(2)), 7-3-1997)

The location of temporary and permanent commercial water-sport structures in the tidal waters subject to sections 122-132 through 122-143 shall comply with location criteria set forth in section 122-136 and the following:

(1)

Location of commercial structures and uses potentially hazardous to swimmers within designated swimming areas. Temporary and permanent water-sport structures principally designed to accommodate water-sport vehicles, including but not limited to personal watercraft, and other water-sport uses which are potential hazards to swimmers shall not be located within 600 feet of city-, county- or state-designated public beaches and/or designated swimming areas within an area extending 600 feet into tidal water adjacent to the corporate city limits.

(2)

Location of commercial structures and uses potentially hazardous to watercraft operating in designated channels. Temporary and permanent commercial water-sport structures principally designed to accommodate water-sport vehicles, including but not limited to personal watercraft, and other water-sport uses which are potential hazards to watercraft operating in designated channels shall not be located within 1,000 feet of designated channels for watercraft.

(3)

Location of commercial structures and uses potentially hazardous to living marine resources within tidal waters. The location of temporary or permanent commercial water-sport structures as well as related water-sport vehicles, including but not limited to personal watercraft, and other water-sport uses potentially hazardous to living marine resources such as reef systems and benthic communities, including seagrass beds, algal beds, and other live bottom communities, shall be restricted in order to protect living marine resources.

(Ord. No. 97-10, § 1(2-5.1(G)(3)), 7-3-1997)

The location of temporary and permanent commercial water-sport structures as well as related water-sport vehicles, including but not limited to personal watercraft, and other water-sport uses potentially disruptive to the quality of shoreline aesthetics, waterfront vistas, or views of tidal waters shall not be permitted to locate within the subject tidal waters under the city's extraterritorial zoning jurisdiction unless the city commission renders a finding that the proposed structure and/or related uses comply with the following criteria:

(1)

Accessory to approved principal use. The proposed commercial water-sport structure and related activities shall be permitted only if the proposed structure is an accessory use to an approved principal use which is located on the upland adjacent to the subject tidal waters. In such case the application shall include verification that the owner of the upland principal use, and the landowner if the landowner is different from the owner of the principal use, agrees to the terms of the application.

(2)

Visual exposure of commercial water-sport structures. Any proposed commercial water-sport platform, including but not limited to any floatation devices, shall comply with all building codes applicable to such waterfront docks. Similarly, any structure designed to store water-sport vehicles shall comply with all applicable building codes. Commercial water-sport platforms shall only be permitted as a component of an approved dock. Similarly, no free floating platform, raft, or similar structure shall be permitted within the subject tidal waters. The intent and purpose is to prohibit the proliferation of commercial floating structures on the subject tidal waters. The cumulative impact of such structures on tidal waters is to cause visual pollution of tidal waters which may be characterized as:

a.

Outstanding waters of the state;

b.

A part of a National Marine Sanctuary; and

c.

Highly scenic marine ecosystem which is an international tourist destination point.

(Ord. No. 97-10, § 1(2-5.1(G)(3)(d)), 7-3-1997)

In order to avoid adverse impacts on living marine resources and hazardous conflict with other water-dependent activities, including swimming, boating within main channels, nonmotorized boats and sailboats, in the tidal waters subject to sections 122-132 through 122-143, personal watercraft shall comply with the safety standards and other regulations governing licensing as well as franchise or lease requirements identified in sections 122-138 through 122-142.

(Ord. No. 97-10, § 1(2-5.1(G)(4)), 7-3-1997)

The following words, terms and phrases, when used in sections 122-137 through 122-142, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved flotation device means any United States Coast Guard approved type I, II, III, or V personal flotation device.

Headway speed means the minimum speed necessary to maintain steerage and control of a personal watercraft while such personal watercraft is moving.

Personal watercraft means a small class A-1 or A-2 vessel which uses an outboard motor or an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

(Ord. No. 97-10, § 1(2-5.1(G)(4)(a)), 7-3-1997)

Cross reference— Definitions generally, § 1-2.

(a)

Safety standards for personal watercraft in the tidal waters subject to sections 122-132 through 122-143 are as follows:

(1)

Flotation device. A person may not operate a personal watercraft unless each person riding on or being towed behind such vessel is wearing an approved flotation device.

(2)

Lanyard-type engine cutoff switch. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch must attach such lanyard to his person, clothing, or personal flotation device as is appropriate for the specific vessel.

(3)

Hours of operation. A person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise.

(4)

Safe operation. A personal watercraft must at all times be operated in a reasonable and prudent manner, having a regard for other waterborne traffic, posted speed and wake restrictions, the presence of a divers-down flag, and all other attendant circumstances so as not to endanger the life, limb, or property of any person. Any person who violates this subsection 122-139(a)(4) shall be guilty of a second degree misdemeanor, punishable as provided in F.S. § 775.082 or 775.083. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, shall include but not limited to the following:

a.

Weaving through congested vehicle traffic.

b.

Jumping or attempting to jump the wake of another vessel within 100 feet of such other vessel, or when visibility around such other vessel is obstructed.

c.

Following within 100 feet of a water skier.

d.

Swerving at the last possible moment to avoid collision.

e.

Approaching within 600 feet of a designated swimming area, diver-down flag, or an area of wading birds.

(5)

Operator age restriction. No person under the age of 14 shall operate a personal watercraft on the waters of this state.

(6)

Responsibility of owner or person in charge of personal watercraft. It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the watercraft to be operated in violation of any subsection of this section.

(7)

Speed regulation. No person shall operate a personal watercraft at any speed greater than headway speed while within or at the entrance to a marina or other place used as an anchorage.

(8)

Required city approval of placement, launch, and operation of commercial personal watercraft. No person shall bring into, launch or operate any commercial personal watercraft, including rentals, upon any watercourse within the jurisdiction of the city, including an area extending 600 feet into the tidal waters adjacent to the city, except at such places as are or may be designated for such use or purposes by the city commission.

(b)

Exemptions. This section shall not apply to any performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with F.S. § 327.40.

(Ord. No. 97-10, § 1(2-5.1(G)(4)(b)), 7-3-1997)

(a)

Before any person shall conduct or maintain a business of renting, leasing or providing any personal watercraft for hire within the city, including the extraterritorial zoning jurisdiction within an area extending 600 feet into the tidal waters adjacent to the corporate city limits, such person shall make application with the city manager for a license to operate such business. No such business shall be conducted or maintained unless applicable license fees are paid and the required license is duly issued in conformance with the requirements of the land development regulations and unless the applicant has caused to be executed a liability insurance policy for each personal watercraft in the amounts prescribed, the terms of which shall provide protection for all persons or property suffering injury, damage or loss because of the negligent operation of such vehicle by any person. The applicant shall maintain the subject liability insurance policy in full force and effect, and the insurer shall notify the city upon cancellation of the insurance policy. Licenses granted pursuant to this section shall be renewed from year to year; however, any license not renewed by September 30 will become void and of no further use whatsoever to the license holder.

(b)

Every insurance policy required by this section shall be executed by an insurance company authorized to do business in the state. Such policy shall insure the operation of each personal watercraft in a sum acceptable to the city for life and property. A duly authenticated copy of every such insurance policy, covering all personal watercraft used in such business, shall be filed with the city clerk. All such policies shall remain in full force and effect at all times during the operation of such business.

(Ord. No. 97-10, § 1(2-5.1(G)(4)(c)), 7-3-1997)

No person engaged in renting, leasing or providing any personal watercraft for hire pursuant to section 122-140 shall operate such business or moor, tie up, or anchor the place of business within 600 feet of any shoreline or public beach or public park in the city or within the confines of city or state park wetland habitats within the city unless specifically authorized in a valid franchise or lease agreement with the city or other proprietary entity or when located in a marina or on private property or in a channel marked for navigation.

(Ord. No. 97-10, § 1(2-5.1(G)(4)(d)), 7-3-1997)

Other restrictions applicable to personal watercraft rental pursuant to sections 122-140 and 122-141 are as follows:

(1)

Valid automobile driver's license required. No person shall rent a personal watercraft to any person who does not hold a valid automobile driver's license.

(2)

Disclosure of areas of operation. No person shall rent a personal watercraft to any person without explaining to the person the areas where the personal watercraft is and is not allowed to be operated.

(3)

Vessel equipped to render assistance required. No person shall rent a personal watercraft to any person without providing, at the site where such personal watercraft is rented, a vessel equipped to render assistance, guidance and policing of rented personal watercraft.

(4)

Provision of information and written acknowledgment thereof. No person shall rent a personal watercraft to any person without providing the following information to the person and obtaining from the person a written acknowledgment that the person has read and understands the following information:

a.

A printed map or chart of the area where the person is permitted to operate the personal watercraft.

b.

A booklet or manual relating to personal watercraft safety which is accepted or recognized by the Personal Watercraft Industry Association.

c.

A summary of sections 122-137 through this section.

(Ord. No. 97-10, § 1(2-5.1(G)(4)(e)), 7-3-1997)

As part of the development plan review process, the city shall coordinate with appropriate federal, and state agencies to ascertain appropriate conditions, including compensatory mitigative measures, which should be imposed to protect and/or restore benthic communities, including seagrass beds, algal beds, and other live bottom communities such as reef systems, that will potentially be impacted by the proposed structure as well as the uses accommodated by the structure in the tidal waters subject to sections 122-132 through 122-143. The city commission shall either approve, approve with conditions, or deny the proposed development plan based on development plan approval criteria contained in the land development regulations, in addition to criteria included or referenced in sections 122-132 through this section.

(Ord. No. 97-10, § 1(2-5.1(G)(5)), 7-3-1997)

(a)

The historic commercial tourist district (HCT) is established to implement comprehensive plan policies for areas designated "HCT" on the future land use map. The HCT district is comprised of areas having a high concentration of hotels, motels, and/or transient lodging facilities together with primarily tourist-oriented commercial services, including specialty shops, restaurant and drinking establishments, personal services, offices, and other similar activities.

(b)

The HCT district may also accommodate customary accessory uses and community facilities. The district regulations include criteria for managing issues surrounding land use compatibility, historic preservation, access to public facilities with available capacity, urban design amenities, and related issues which must be managed to ensure effective implementation of the comprehensive plan goals, objectives, and policies.

(Ord. No. 97-10, § 1(2-5.5.5(A)), 7-3-1997)

Uses permitted in the historic commercial tourist district (HCT) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with six or less residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low intensity less than or equal to 5,000 square feet.

(7)

Hotels, motels, and transient lodging.

(8)

Parking lots and facilities.

(Ord. No. 97-10, § 1(2-5.5.5(B)), 7-3-1997)

Conditional uses in the historic commercial tourist district (HCT) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Community centers, clubs and lodges.

(3)

Cultural and civic activities.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Bars and lounges accessory to and located within a motel, hotel or other transient facility having at least 20 units.

(10)

Commercial retail low and medium intensity greater than 5,000 square feet.

(11)

Restaurants, excluding drive-through.

(12)

Small recreational power-driven equipment rentals (allowed only as an accessory use to a hotel/motel).

(Ord. No. 97-10, § 1(2-5.5.5(C)), 7-3-1997)

In the historic commercial tourist district (HCT), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.5.5(D)), 7-3-1997)

The dimensional requirements in the historic commercial tourist district (HCT) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 22 dwelling units per acre (22 du/acre).

(2)

Maximum floor area ratio: 1.0.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 70 percent.

(5)

Minimum lot size: 10,000 square feet, except that for single-family and two-family residences the minimum lot size will be 5,000 square feet.

a.

Minimum lot width: 75 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 5 feet.

c.

Rear: 10 feet.

d.

Street side: 5 feet.

(Ord. No. 97-10, § 1(2-5.5.5(E)), 7-3-1997; Ord. No. 10-04, § 13, 1-5-2010)

The historic Residential/Office (HRO) is established to implement comprehensive plan policies for areas designated "Historic Commercial" on the future land use map. The HRO district shall accommodate business and professional offices as well as residential structures. Cultural and civic activities are allowed anywhere in the district and those same uses with accessory/associated commercial sales are allowed on Whitehead Street between Greene Street and Southard Street. Low-med intensity retail, transient residential, restaurants and small recreational power-driven equipment rentals are allowed along the Appelrouth Business Corridor, generally described as the properties adjacent to Appelrouth Lane within the HRO including the parcel located on the Northern corner of Whitehead Street and Southard Street, excluding the parcel located on the South-Eastern corner of Whitehead Street and Appelrouth Lane. Customary accessory uses and community facilities may also be located within the HRO district.

Notwithstanding the Appelrouth Business Corridor, the HRO district shall not accommodate new transient lodging or guesthouses. In addition, the HRO district shall expressly exclude general retail sales, warehousing, and outdoor storage. In order to manage the impacts of future development on transportation and public facilities, the city shall limit the intensity of development within the HRO district to activities generating no more than 50 trips per 1,000 square feet of gross leasable floor area per day.

(Ord. No. 97-10, § 1(2-5.5.6(A)), 7-3-1997; Ord. No. 12-02, § 1, 2-7-2012; Ord. No. 18-15, § 1, 8-7-2018; Ord. No. 18-16, § 1, 8-7-2018)

Uses permitted in the historic residential/office district (HRO) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Group homes with less than or equal to six residents as provided in section 122-1246.

(3)

Multiple-family residential dwellings.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Parking lots and facilities.

(7)

Medical services.

(8)

Veterinary medical services, without outside kennels.

(9)

Commercial retail low and medium intensity less than or equal to 5,000 square feet, as provided in division 11 of article V of this chapter, within the Appelrouth Business Corridor.

(10)

Commercial retail high intensity less than or equal to 2,500 square feet, as provided in division 11 of article V of this chapter, within the Appelrouth Business Corridor.

(11)

Hotels, motels, and transient lodging within the Appelrouth Business Corridor.

(12)

Restaurants, excluding drive-through, within the appelrouth Business Corridor.

(Ord. No. 97-10, § 1(2-5.5.6(B)), 7-3-1997; Ord. No. 18-15, § 1, 8-7-2018; Ord. No. 18-16, § 1, 8-7-2018)

Conditional uses in the historic residential/office district (HRO) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities with or without associated/accessory commercial sales on Whitehead Street from Greene Street to Southard Street.

(3)

Community center, clubs and lodges.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Funeral homes.

(10)

Commercial low and medium intensity greater than 5,000 square feet as provided in division 11 of article V of this chapter, within the Appelrouth Business Corridor.

(11)

Commercial retail high intensity greater than 2,500 square feet as provided in division 11 of article V of this chapter, within the Appelrouth Business Corridor.

(12)

Small recreational power-driven equipment rentals within the Appelrouth Business Corridor.

(Ord. No. 97-10, § 1(2-5.5.6(C)), 7-3-1997; Ord. No. 12-02, § 2, 2-7-2012; Ord. No. 18-15, § 1, 8-7-2018; Ord. No. 18-16, § 1, 8-7-2018)

In the historic residential/office district (HRO), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.5.6(D)), 7-3-1997)

The dimensional requirements in the historic residential/office district (HRO) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 1.0. Refer to section 122-926 for additional restrictions that regulate the square footage of gross leasable floor area based on trip generation within the HRO districts.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 5 feet.

c.

Rear: 10 feet.

d.

Street side: 5 feet.

(Ord. No. 97-10, § 1(2-5.5.6(E)), 7-3-1997; Ord. No. 10-04, § 14, 1-5-2010)

(a)

The historic planned redevelopment and development district (HPRD) is established to implement comprehensive plan policies for areas designated "HPRD" on the comprehensive plan future land use map. The HPRD district shall provide a management framework for directing future redevelopment in several redeveloping fringe areas within and outside the review area of the historic architectural review commission.

(b)

The HPRD district includes the Truman Annex project, including Sunset Island. The HPRD district shall provide a basis for encouraging additional development and redevelopment activities in other areas. Such new development and redevelopment shall be designed to advance the goals, objectives and policies of the comprehensive plan. For instance, the HPRD district shall promote the following:

(1)

Historic preservation.

(2)

Neighborhood facility improvements.

(3)

Architectural and urban design amenities which are consistent with the traditional Old Town historic character and which further subarea design and improvement strategies.

(4)

An increased supply of affordable housing which is accessible to targeted income groups over a longterm period.

(5)

Off-site parking facilities, including parking structures at strategically located areas through contributions to a special parking fund to be established to assist in financing construction of off-site centrally located parking facilities.

(c)

In addition, the HPRD district shall be used as a vehicle to:

(1)

Avoid displacement of low and moderate income families and generate additional affordable housing opportunities.

(2)

Retain and/or enhance access to the shoreline by the general public.

(3)

Prevent conversion of open space, loss of vegetation and specimen trees, and displacement of porous surfaces with impermeable surfaces which may intensify drainage problems.

(4)

Avoid replacement of permanent housing stock with transient lodging.

(5)

Prevent displacement of smaller but diverse shops.

(6)

Encourage diversity within Old Town structure types as opposed to look-alike improvements.

(7)

Maintain and enhance infrastructure levels of service consistent with the goals, objectives, and policies of the comprehensive plan.

(Ord. No. 97-10, § 1(2-5.5.8(A)), 7-3-1997)

Uses permitted in the historic planned redevelopment and development district (HPRD) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents.

(4)

Business and professional offices.

(Ord. No. 97-10, § 1(2-5.5.8(B)), 7-3-1997)

Conditional uses in the historic planned redevelopment and development district (HPRD) are as follows:

(1)

Community centers, clubs and lodges.

(2)

Cultural and civic activities.

(3)

Educational institutions and day care.

(4)

Nursing homes, rest homes and convalescent homes.

(5)

Parks and recreation, active and passive.

(6)

Places of worship.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Commercial retail low, medium, and high intensity.

(10)

Funeral homes.

(11)

Hotels, motels, and transient lodging.

(12)

Medical services.

(13)

Parking lots and facilities.

(14)

Restaurants, excluding drive-through.

(15)

Veterinary medical services, without outside kennels.

(Ord. No. 97-10, § 1(2-5.5.8(C)), 7-3-1997)

In the historic planned redevelopment and development district (HPRD), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.5.8(D)), 7-3-1997)

The dimensional requirements in the historic planned redevelopment and development district (HPRD) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 22 dwelling units per acre.

(2)

Maximum floor area ratio: 1.0.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Impervious surface ratio: 50 percent.

(5)

Minimum lot size: 1 acre.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 2.5 feet.

c.

Rear: 10 feet.

d.

Street side: 5 feet.

(Ord. No. 97-10, § 1(2-5.5.8(E)), 7-3-1997; Ord. No. 10-04, § 18, 1-5-2010)

The historic limited commercial district (HCL) is established to implement comprehensive plan policies for areas designated HCL on the comprehensive plan future land use map. The purpose of the HCL district is to provide a management framework for the "market place" adjacent to Bahama Village, south of the extension of Petronia Street. The HCL district shall accommodate limited commercial land uses including shops catering primarily to the following markets:

(1)

Neighborhood residential markets within the immediate vicinity as opposed to city-wide or regional markets;

(2)

Specialized markets with customized market demands; or

(3)

Tourist oriented markets in the immediate vicinity.

In order to manage the impacts of future development on transportation and public facilities, the city shall limit the intensity of development in the HCL district to activities generating no more than 100 trips per 1,000 square feet of gross leasable floor area per day. Areas designated for residential and limited commercial development shall not accommodate large scale retail sales and trade activities generally serving a city-wide or regional market. Such stores usually differ from limited commercial shops since the former generally require a larger floor area, carry a relatively larger inventory, and require a substantially greater off-street parking area.

Uses which are not accommodated within the historic limited commercial area include the following: large scale discount stores or supermarkets; department stores; wholesale and warehousing activities; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; automotive services centers; and fast food establishment primarily serving in disposable containers and/or providing drive-in or drive-through facilities; nor any commercial use which is affiliated with a regional, state or national concern, or which advertises by common theme of architecture, signage, or operations be allowed. In addition, the HCL designation shall not accommodate transient residential uses, including motels or hotels and conversions from permanent residential use to transient residential use.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.9(A))), 9-8-1999)

Uses permitted in the historic limited commercial district (HCL) are as follows:

(1)

Business and professional offices.

(2)

Commercial retail low and medium intensity that generate less than or equal to 50 pm peak hour vehicle trips per 1,000 square feet of gross leasable floor area.

(3)

Restaurants, excluding drive-through facilities that generate less than or equal to 50 pm peak hour vehicle trips per 1,000 square feet of gross leasable floor area.

(4)

Open air vending and mobile vending consistent with other city regulations.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.9(B))), 9-8-1999)

Conditional uses in the historic limited commercial district (HCL) are as follows:

(1)

Single-family and two-family residential dwellings located over commercial.

(2)

Public and private utilities.

(3)

Restaurants, excluding drive-through, that generate between 50 and 100 pm peak hour vehicle trips per 1,000 square feet.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.9(C))), 9-8-1999)

In the historic limited commercial district (HCL), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.9(D))), 9-8-1999)

The dimensional regulations in the historic limited commercial district (HCL) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre.

(2)

Maximum FAR: 0.8.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum width: 50 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: Minimum of 5 feet.

b.

Side: Minimum of 5 feet.

c.

Rear: 15 feet.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.9(E))), 9-8-1999; Ord. No. 10-04, § 19, 1-5-2010)

(a)

The purpose and intent of the public and semipublic services district (PS) is to provide a management framework for implementing comprehensive plan policies for areas located outside of Old Town which are designated "PS" or "M" on the future land use map. All public and semipublic services developed shall comply with the comprehensive plan, performance criteria in chapter 102; articles III, IV, V and VII of chapter 108; section 108-956; and article II of chapter 110, as well as other applicable land development regulations.

(b)

Development plans for sites within the PS district shall provide sufficient acreage and open space and shall be properly screened and buffered in order to minimize potential adverse impacts on adjacent land uses. The maximum intensity of public and semi-public institutional structures and buildings on lands designated "PS," measured in terms of floor area ratio (FAR), shall not exceed eight-tenths (0.8), including floor area allocated to all uses. The maximum floor area ratio for structures and buildings accessory to principal uses recreation and open space both active and passive parks and recreation shall be two-tenths (0.2).

(Ord. No. 97-10, § 1(2-5.6(A)), 7-3-1997; Ord. No. 12-16, § 1, 6-5-2012)

Uses permitted in the public and semipublic services district (PS) are as follows:

(1)

Community centers, clubs and lodges.

(2)

Educational institutions and day care.

(3)

Golf course facilities.

(4)

Hospitals and supportive care facilities.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Business and professional offices.

(8)

Medical services.

(9)

Parking lots and vehicular storage facilities.

(10)

Veterinary medical services with or without outside kennels.

(11)

Government operated transit facilities.

(12)

Governmental administration buildings.

(13)

Essential public services and facilities inclusive of, but not limited to, drainage facilities, and emergency services; i.e., staging areas responsive to declared emergency, with the exception of shelters for the homeless, which are regulated as a conditional use.

(14)

Non-recreational open spaces.

(15)

Temporary storage, for less than six (6) months, of construction materials and debris generated by storms or other natural disasters.

(16)

Other similar activities such as uses critical to government function, uses for essential public services, uses to serve social and cultural needs not otherwise listed.

(17)

Government maintenance facilities and garages.

(Ord. No. 97-10, § 1(2-5.6(B)), 7-3-1997; Ord. No. 00-04, § 12, 2-1-2000; Ord. No 07-18, § 1, 12-4-2007; Ord. No. 12-16, § 1, 6-5-2012)

Conditional uses in the public and semipublic services district (PS) are as follows:

(1)

Emergency shelters for the homeless, and shelters for temporarily housing the homeless which meet the following minimum standards for development review, site development and operation:

a.

Fencing: The entire site shall have a six-foot opaque fence on all sides.

b.

Landscape buffer: A minimum of a five-foot wide "D" buffer as specified in section 108-347(c).

c.

Security lighting on the perimeter of the site and upon the interior of the fenced premises which shall be designed to "dark sky" lighting standards to protect adjacent residential uses.

d.

Onsite security personnel licensed by the State of Florida for such role and activity provided by the operator of the facility during the hours of operation inclusive of nighttime or any time when clients of the facility are present.

e.

An outdoor daytime congregation area inside the grounds of the site large enough to accommodate the maximum client population of the facility to prevent waiting and congregating off site.

f.

Onsite facilities:

i.

Sleeping facilities for 100% of the maximum client population;

ii.

Dining facilities for at least 50% of the maximum client population;

iii.

Shower and toilet facilities in a quantity necessary to serve the maximum client population;

iv.

Intake and counseling offices;

v.

Storage for client personal effects, food, sleeping linens, miscellaneous support materials;

vi.

A loading zone and bus parking area.

g.

All shelters for the homeless or for temporary housing [of] the homeless shall undergo review as a major development plan and meet the requirements of section 108-92 et seq.

(2)

Cemeteries.

(3)

Cultural and civic activities, inclusive of museums, theatres and stadiums.

(4)

Protective services.

(5)

Public and private utilities.

(6)

Funeral homes and crematoriums.

(7)

Marinas.

(8)

Restaurants and food service facilities associated with recreational activities.

(9)

Solid waste and recycling transfer and storage facilities.

(Ord. No. 97-10, § 1(2-5.6(C)), 7-3-1997; Ord. No. 12-16, § 1, 6-5-2012)

In the public and semipublic services district (PS), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.6(D)), 7-3-1997)

The dimensional requirements in the public and semipublic services district (PS) are as follows:

(1)

Maximum density: Not applicable; except where the capacity of transitional housing with supportive services shall be evaluated in terms of floor area ratio, only.

(2)

Maximum floor area ratio: Outside the historic districts, as designated on the future land use map, the maximum floor area ratio for all public and semi-public institutional structures and buildings services shall not exceed eight-tenths (0.8), except for structures and buildings accessory to principal uses and both active and passive parks and recreation and open space, which shall have a maximum floor area ratio of two-tenths (0.2).

(3)

Maximum height: 25 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum width: 50 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setbacks for principal structures:

a.

Front: 20 feet.

b.

Side: 15 feet.

c.

Rear: 20 feet or 15 feet when abutting an alley.

d.

Street side: 15 feet.

(7)

Minimum setbacks for active and passive recreational uses:

a.

Front: 10 feet.

b.

Side: 10 feet.

c.

Rear: 10 feet.

d.

Street side: 10 feet.

(8)

Additional regulations: Required street landscape buffers may be reduced to the setbacks enumerated in subsection (7) above when the principal and only use is passive and active recreation defined in chapter 86, section 86-9, definitions.

(Ord. No. 97-10, § 1(2-5.6(E)), 7-3-1997; Ord. No. 12-16, § 1, 6-5-2012)

(a)

The purpose and intent of the airport district (A) is to provide a management framework for implementing comprehensive plan policies for the Key West International Airport which is designated "A" on the future land use map. All development proposed for the airport district (A) district shall comply with the comprehensive plan and performance criteria in chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, as well as other applicable land development regulations.

(b)

Performance criteria within the land development regulations require that land use changes adjacent to the Key West International Airport avoid encroaching upon the airport hazard zone. Furthermore, land uses proposed within noise impact areas defined in the Federal Aviation Administration (FAA) noise control regulations shall comply with Federal Aviation Administration guidelines for managing noise impacts through land use regulation. The airport district regulations establish the permitted uses and applicable restrictions within the air operations area. The Federal Aviation Administration regulations shall govern the land use, specifications and placement of structures within the airport operations area.

(Ord. No. 97-10, § 1(2-5.7(A)), 7-3-1997)

Uses permitted in the airport district (A) are airport facilities.

(Ord. No. 97-10, § 1(2-5.7(B)), 7-3-1997)

Conditional uses in the airport district (A) are as follows:

(1)

Protective services.

(2)

Public and private utilities.

(3)

Business and professional offices.

(4)

Commercial retail low and medium intensity.

(5)

Parking lots and facilities.

(6)

Restaurants, excluding drive-through.

(Ord. No. 97-10, § 1(2-5.7(C)), 7-3-1997)

In the airport district (A), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.7(D)), 7-3-1997)

The dimensional requirements in the airport district (A) are as follows:

(1)

Maximum density: not applicable.

(2)

Maximum floor area ratio: 0.3.

(3)

Maximum height: refer to division 9 of article V of this chapter.

(4)

Maximum lot coverage: not applicable.

(5)

Minimum lot size: not applicable.

(6)

Minimum setbacks: not applicable.

(Ord. No. 97-10, § 1(2-5.7(E)), 7-3-1997)

For airport height limitations in the airport district (A), refer to division 9 of article V of this chapter.

(Ord. No. 97-10, § 1(2-5.7(F)), 7-3-1997)

(a)

The overall purpose and intent of the residential districts as provided in this division is to provide a management framework for implementing comprehensive plan residential development objectives and policies directed toward:

(1)

Protecting the quality and character of existing neighborhoods, including compatibility of land use and structures;

(2)

Preserving open space;

(3)

Maintaining densities which are compatible with existing and anticipated future developments;

(4)

Promoting compatibility with natural features of the land; and

(5)

Minimizing the burden on supportive public services and facilities within the area.

(b)

All residential development shall comply with the comprehensive plan, performance criteria in chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, as well as all other applicable land development regulations. This division contains a description of the intended purpose of each zoning district established in this division, including reference to the comprehensive plan future land use map designations which shall be implemented through the land development regulations.

(Ord. No. 97-10, § 1(2-5.2), 7-3-1997)

(a)

The coastal low density residential district (LDR-C) is established to implement comprehensive plan policies for areas designated "LDR-C" on the comprehensive plan future land use map. These areas are situated on the north side of South Roosevelt Boulevard on the very narrow strip of uplands lying between the "bridle path" easement and jurisdictional waters and lands of the state as well as certain undeveloped lands east of Atlantic Boulevard which are located fully within the coastal high hazard velocity (VE) zone as delineated by the Federal Emergency Management Agency. These areas are restricted to residential development with a maximum density of one unit per acre and shall not include transient lodging or guesthomes. Supportive public community facilities and accessory land uses also may be located within areas designated for coastal low density residential use.

(b)

The coastal low density residential (LDR-C) designation is established to:

(1)

Provide an equitable development right for the LDR-C designated areas;

(2)

Protect remaining coastal wetlands;

(3)

Maintain water quality;

(4)

Protect marine habitats; and

(5)

Preserve a significant amount of open space for purposes of reducing surface water runoff and maintaining water quality in a major environmentally sensitive coastal area.

(Ord. No. 97-10, § 1(2-5.2.1(A)), 7-3-1997)

Uses permitted in the coastal low density residential district (LDR-C) are as follows:

(1)

Single-family residential dwellings.

(2)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.2.1(B)), 7-3-1997)

Conditional uses in the coastal low density residential district (LDR-C) are as follows:

(1)

Parks and recreation, passive.

(2)

Protective services.

(3)

Public and private utilities where such facilities are essential to the public health, safety and welfare.

(Ord. No. 97-10, § 1(2-5.2.1(C)), 7-3-1997)

In the coastal low density residential district (LDR-C), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.2.1(D)), 7-3-1997)

The dimensional requirements in the coastal low density residential district (LDR-C) are as follows:

(1)

Maximum density: one dwelling unit per acre (1 du/acre).

(2)

Maximum floor area ratio: not applicable.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 50 percent.

(5)

Minimum lot size: 1 acre.

a.

Minimum lot width: 100 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks. All development must comply with requirements for setbacks from wetlands and open waters established in sections 110-91 and 122-1148, in addition to the following:

a.

Front: 30 feet.

b.

Side: the greater of 15 feet or 10 percent of the lot width to a maximum of 20 feet.

c.

Rear: 25 feet or 20 feet when abutting an alley.

d.

Street side: 15 feet.

(Ord. No. 97-10, § 1(2-5.2.1(E)), 7-3-1997)

(a)

The single-family residential district (SF) is established to implement comprehensive plan policies for areas designated "SF" on the comprehensive plan future land use map, especially comprehensive plan policy 1-2.1.3. The SF district is designed to accommodate single-family permanent residential development and may also include one accessory attached or detached unit per principal dwelling unit.

(b)

The SF district shall not include transient accommodations. Supportive community facilities and accessory land uses may be located within areas designated for single-family residential uses.

(c)

The single-family residential (SF) designation is established to:

(1)

Protect the quality and character of existing single-family neighborhoods;

(2)

Preserve open space;

(3)

Encourage densities which are compatible with existing and anticipated future developments;

(4)

Promote compatibility with natural features of the land; and

(5)

Minimize the burden on supportive public services and facilities within the area.

(Ord. No. 97-10, § 1(2-5.2.2(A)), 7-3-1997)

The single-family residential district (SF) shall accommodate one accessory attached or detached unit per principal dwelling unit so long as the accessory unit is duly approved pursuant to the building permit allocation system, as provided in article IV of chapter 54, and meets the criteria cited in this subdivision. The building permit allocation methodology includes a permit formula in which one accessory unit equals 0.78 dwelling unit. Accessory units shall meet size and dimension requirements as provided herein and shall not be excluded from impact fee provisions.

(Ord. No. 97-10, § 1(2-5.2.2(A)(1)), 7-3-1997; Ord. No. 22-20, § 1, 7-6-2022; Ord. No. 24-10, § 1, 3-14-2024)

(a)

Accessory units proposed within the single-family residential district (SF) shall met the following criteria:

(1)

The monthly rent for a rented accessory unit, not including utilities, shall not exceed 25 percent of that amount which represents 100 percent of the monthly median household income (adjusted for family size) for Monroe County. This affordability criteria shall be duly recorded as a deed restriction in perpetuity. Occupants of an accessory unit shall meet the income limits associated with the City's Workforce Housing Ordinance for Affordable Housing (Middle Income) pursuant to Sec. 86-9.

(2)

Accessory units shall be restricted to occupancy by permanent residents.

(3)

Accessory units shall not be sold separately as a condominium.

(4)

Accessory units shall be exempt from lot coverage requirements.

(5)

Accessory units shall be exempt from impervious surface regulation within the SF district provided that all stormwater shall be contained on site as certified by a licensed engineer. Parking surfaces shall not be counted as open space.

(6)

Accessory units shall be exempt from applicable landscaping requirements.

(7)

Accessory units shall be exempt from the maximum threshold for lot coverage by impervious surfaces.

(8)

There shall be no additional parking requirement for the Accessory unit.

(9)

Density shall be calculated based only upon the number of principal units on a site.

(10)

Accessory units shall not exceed 600 square feet and the minimum size shall be 300 square feet.

(11)

Accessory units shall maintain a minimum setback of five (5) feet from any rear or side yard. The front yard setback for an accessory unit may be reduced to the existing setback for the principal structure on site or the average depth of front yards on developed lots within 100 feet on each side, whichever is less.

(b)

Any application for accessory units shall include deed restrictions which shall be filed with the city and the clerk of the circuit court. The deed restrictions shall incorporate mandatory compliance with the criteria cited in subsection (a) of this section.

(Ord. No. 97-10, § 1(2-5.2.2(A)(2)), 7-3-1997; Ord. No. 22-20, § 1, 7-6-2022; Ord. No. 24-10, § 1, 3-14-2024)

No accessory unit in the single-family residential district (SF) shall have more than one bedroom unless an additional bedroom is approved as a variance by the planning board. If such variance is approved, the total square footage shall not exceed 600 square feet. The permit allocation system shall be coordinated with the county's analysis of evacuation clearance times in order to maintain or decrease the standard time for such clearance.

(Ord. No. 97-10, § 1(2-5.2.2(A)(3)), 7-3-1997; Ord. No. 08-04, § 27, 5-20-2008)

Uses permitted in the single-family residential district (SF) are as follows:

(1)

Single-family residential dwellings and accessory residential units.

(2)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.2.2(B)), 7-3-1997)

Conditional uses in the single-family residential district (SF) are as follows:

(1)

Two-family residential dwellings (duplexes). Note: Duplexes shall not be located within the following portions of the SF district:

a.

The Venetian Subdivision located south of the Riviera Canal; and

b.

The area bounded on the north by Flagler Drive, on the south by Casa Marina Court, on the east by White Street and on the west by Reynolds Street.

(2)

Educational institutions and day care.

(3)

Parks and recreation, active or passive.

(4)

Places of worship.

(5)

Protective services.

(6)

Public and private utilities.

(Ord. No. 97-10, § 1(2-5.2.2(C)), 7-3-1997)

In the single-family residential district (SF), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.2.2(D)), 7-3-1997)

The dimensional requirements in the single-family residential district (SF) are as follows:

(1)

Maximum density: eight dwelling units per acre (8 du/acre).

(2)

Maximum floor area ratio: not applicable.

(3)

Maximum height: 25 feet plus an additional five feet for nonhabitable purposes if the structure has a pitched roof.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 35 percent, except that in the following areas the maximum building coverage shall be 30 percent:

1.

The Venetian Subdivision located south of the Riviera Canal; and

2.

The area bounded on the north by Flagler Drive, on the south by Casa Marina Court, on the east by White Street and on the west by Reynolds Street.

b.

Maximum impervious surface ratio:

1.

Single-family: 50 percent.

2.

Community facilities: 60 percent.

(5)

Minimum lot size:

a.

Single-family and two-family units: 6,000 square feet, except that in the following areas the minimum lot area shall be 8,000 square feet:

1.

The Venetian Subdivision located south of the Riviera Canal; and

2.

The area bounded on the north by Flagler Drive, on the south by Casa Marina Court, on the east by White Street and on the west by Reynolds Street.

b.

Two-family dwelling units (duplexes) are permitted as a conditional use in all portions of the SF district, excepting the area defined below, but only if the land area comprised a minimum area of 10,890 square feet in order to satisfy minimum density requirements. Two-family dwellings shall not be allowed within the areas described in subsections (5)a.1 and (5)a.2 of this section.

c.

The minimum lot size for educational institutions and community facilities, including places of worship areas, follows:

1.

Community facilities including places of worship: one-half acre; and

2.

Educational institutions: 1 acre.

d.

Minimum width: 50 feet.

e.

Minimum depth: 100 feet.

f.

Minimum width: 100 feet.

g.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Single-family:

1.

Front: 30 feet or the average depth of front yards on developed lots within 100 feet each side, but not less than 20 feet.

2.

Side: 5 feet.

3.

Rear: 25 feet or 20 feet when abutting an alley.

4.

Street side: 10 feet.

b.

Community facilities:

1.

Front: 30 feet.

2.

Side: 15 feet.

3.

Rear: 25 feet.

4.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.2.2(E)), 7-3-1997; Ord. No. 09-06, § 2, 4-7-2009)

(a)

The medium density residential district (MDR) is established to implement comprehensive plan policies for areas designated "MDR" on the comprehensive plan future land use map. The MDR district shall provide sufficient land area for medium density residential development adequately supported by public services and facilities and compatible with existing and anticipated future land uses. The MDR district shall accommodate a mixture of single-family and multiple-family structure types. Supportive community facilities and accessory land uses may be located within areas designated "MDR." This district shall not accommodate transient lodging and guesthomes, commercial uses or freestanding office buildings. However, accessory uses, including approved home occupations, conducted within the residential structures are permitted so long as all such accessory uses are customarily incidental to and subordinate to the residential use. Other customary accessory uses and community facilities may also be located in areas designated MDR.

(b)

Review of specific densities of developments shall be directed toward preserving stability of established residential areas. Sites for medium density residential developments should be located so that they provide a smooth transition between lower density residential areas and areas developed and/or designated for other more intense uses. Generally, medium density areas should be located between the perimeter of low density residential areas and areas of high density residential concentrations or other less restrictive uses.

(Ord. No. 97-10, § 1(2.5.2.3(A)), 7-3-1997)

Uses permitted in the medium density residential district (MDR) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2.5.2.3(B)), 7-3-1997)

Conditional uses in the medium density residential district (MDR) are as follows:

(1)

Group homes with 7 to 14 residents as provided in section 122-1246.

(2)

Educational institutions and day care.

(3)

Nursing homes, rest homes and convalescent homes.

(4)

Parks and recreation, active and passive.

(5)

Places of worship.

(6)

Protective services.

(7)

Public and private utilities.

(Ord. No. 97-10, § 1(2.5.2.3(C)), 7-3-1997)

In the medium density residential district (MDR), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2.5.2.3(D)), 7-3-1997)

The dimensional requirements in the medium density residential district (MDR) are as follows:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: not applicable.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage:

1.

Single-family and two-family: 35 percent.

2.

Multiple-family and community facilities: 40 percent.

b.

Maximum impervious surface ratio:

1.

Single-family and two-family: 50 percent.

2.

Multiple-family and community facilities: 60 percent.

(5)

Minimum lot size:

a.

Single-family and two-family: one-half acre.

b.

Multiple-family and community facilities: 1 acre.

c.

Minimum width:

1.

Single-family and two-family: 70 feet or the prevailing lot width on developed lots within 200 feet of the subject lot but not less than 50 feet.

2.

Multiple-family and community facilities: 80 feet.

d.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Single-family and two-family:

1.

Front: 30 feet or the average depth of front yards within 100 feet of the subject lot but not less than 20 feet.

2.

Side: 7 feet.

3.

Rear: 20 feet or 15 feet when abutting an alley.

4.

Street side: 10 feet.

b.

Multiple-family and community facilities:

1.

Front: 30 feet.

2.

Side: 25 feet.

3.

Rear: 25 feet or 20 feet when abutting an alley.

4.

Street side: 25 feet.

(Ord. No. 97-10, § 1(2.5.2.3(E)), 7-3-1997)

The MDR-1 district is established to implement comprehensive plan policies for areas designated "MDR-1" on the comprehensive plan future land use map. The MDR-1 district shall provide the Poinciana Housing Parcel with a designation appropriate to the existing medium density multiple-family development on the site and compatible with the existing and future land uses. The MDR-1 district shall accommodate a mixture of multiple-family structure types, supportive community facilities, and accessory land uses. This district shall not accommodate guest homes, commercial uses or freestanding office buildings. However, accessory uses, including approved home occupations, conducted within the residential structures are permitted so long as all such accessory uses are customarily incidental to and subordinate to the residential use. Other customary accessory uses and community facilities may also be located in areas designated MDR-1.

(Ord. No. 99-18, § 1 (Exh. A(2-5.2.3(1)(A))), 9-8-1999)

Uses permitted in the medium density residential district-1 (MDR-1) are as follows:

(1)

Single- family and two-family residential dwellings.

(2)

Places of worship.

(3)

Multiple-family residential dwellings.

(4)

Community centers.

(5)

Group homes with less than or equal to six residents as provided in section 122-1246.

(6)

Parks and recreation, active and passive.

(7)

Special needs social services.

(8)

Protective services.

(Ord. No. 99-18, § 1 (Exh. A(2-5.2.3(1)(B)), 9-8-1999)

Conditional uses in the medium density residential district-1 (MDR-1) are as follows:

(1)

Group homes with 7 to 14 residents as provided in section 122-1246.

(2)

Educational institutions and day care.

(3)

Nursing homes, rest homes and convalescent homes.

(4)

Public and private utilities.

(Ord. No. 99-18, § 1 (Exh. A(2-5.2.3(1)(C))), 9-8-1999)

In the medium density residential district-1 (MDR-1), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 99-18, § 1 (Exh. A(2-5.2.3(1)(D))), 9-8-1999)

The dimensional requirements in the medium density residential district-1 (MDR-1) are as follows:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum FAR: 1.0.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

1.

Single-family and two-family: 35 percent.

2.

Multiple-family and community facilities: 40 percent.

b.

Maximum impervious surface ratio:

1.

Single-family and two-family: 50 percent.

2.

Multiple-family and community facilities: 60 percent.

(5)

Minimum lot size:

a.

Multiple-family: 10,000 square feet.

b.

Single-family: 5,000 square feet.

c.

Minimum width:

1.

Multiple-family and community facilities: 80 feet.

d.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Multiple-family and community facilities:

1.

Front: 30 feet.

2.

Side: 25 feet.

3.

Rear: 25 feet or 20 feet when abutting an alley.

4.

Street side: 25 feet.

b.

Single-family and two-family:

1.

Front: 10 feet.

2.

Side: 5 feet or 10 percent of lot width to a maximum of 15 feet, whichever is greater.

3.

Rear: 20 feet.

4.

Street side: 20 feet.

(Ord. No. 99-18, § 1 (Exh. A(2-5.2.3(1)(E))), 9-8-1999; Ord. No. 19-26, § 2, 9-4-2019)

The coastal medium density residential district (MDR-C) is established to implement comprehensive plan policies for areas designated "MDR-C" on the comprehensive plan future land use map. The purpose of the MDR-C district is to reinforce state policies mandating that concentrations of populations be directed away from coastal high hazard areas in order to protect against loss of life. No transient use shall be allowed in the MDR-C district.

(Ord. No. 97-10, § 1(2-5.2.4(A)), 7-3-1997)

Uses permitted in the coastal medium density residential district (MDR-C) are as follows:

(1)

Single-family residential dwellings.

(2)

Two-family residential dwellings.

(3)

Multiple-family residential dwellings.

(4)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.2.4(B)), 7-3-1997)

Conditional uses in the coastal medium density residential district (MDR-C) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Parks and recreation, passive.

(3)

Protective services.

(4)

Public and private utilities.

(Ord. No. 97-10, § 1(2-5.2.4(C)), 7-3-1997)

In the coastal medium density residential district (MDR-C), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.2.4(D)), 7-3-1997)

The dimensional requirements in the coastal medium density residential district (MDR-C) are as follows:

(1)

Maximum density: Eight dwelling units per acre (8 du/acre).

(2)

Maximum floor area ratio: not applicable.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 50 percent.

(5)

Minimum lot size: one-half acre.

a.

Minimum width: 70 feet or the prevailing lot width on developed lots within 200 feet of the subject property but not less than 50 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setback. All development must comply with requirements for setbacks from wetlands and open waters established in sections 110-91 and 122-1148, in addition to the following:

a.

Single-family and two-family:

1.

Front: 30 feet or the average depth of front yards within 100 feet of the subject property but not less than 20 feet.

2.

Side: 7 feet or 10 percent of lot width to a maximum of 20 feet, whichever is greater.

3.

Rear: 20 feet or 15 feet when abutting an alley.

4.

Street side: 10 feet.

b.

Multiple-family and community facilities:

1.

Front: 30 feet.

2.

Side: 20 feet.

3.

Rear: 25 feet or 20 feet when abutting an alley.

4.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.2.4(E)), 7-3-1997)

The high density residential district (HDR) implements comprehensive plan future land use map policies for areas designated "HDR." The high density district shall only be approved for land accommodating high density residential development adequately supported by public services and facilities and compatible with existing and anticipated future land uses. Supportive community facilities and accessory land uses may be located within the HDR district. This district shall not accommodate transient lodging and guesthomes, commercial uses or freestanding office buildings. However, accessory uses, including approved home occupations, conducted within the residential structures are permitted so long as all such accessory uses are customarily incidental to and subordinate to the residential use. Other customary accessory uses and community facilities may also be located in the HDR district.

(Ord. No. 97-10, § 1(2-5.2.5(A)), 7-3-1997)

Uses permitted in the high density residential district (HDR) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.2.5(B)), 7-3-1997)

Conditional uses in the high density residential district (HDR) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Educational institutions and day care.

(3)

Nursing homes, rest homes and convalescent homes.

(4)

Parks and recreation, active and passive.

(5)

Places of worship.

(6)

Protective services.

(7)

Public and private utilities.

(8)

Parking lots and facilities.

(Ord. No. 97-10, § 1(2-5.2.5(C)), 7-3-1997)

In the high density residential district (HDR), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.2.5(D)), 7-3-1997)

The dimensional requirements in the high density residential district (HDR) are as follows:

(1)

Maximum density: 22 dwelling units per acre (22 du/acre).

(2)

Maximum floor area ratio: not applicable.

(3)

Maximum height: 40 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 1 acre.

a.

Minimum width:

1.

Single-family and two-family: 70 feet or the average lot width on developed lots within 200 feet of the subject lot but not less than 50 feet.

2.

Multiple-family and community facilities: 80 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Single-family and two-family:

1.

Front: 30 feet or the average depth of front yards within 100 feet of the subject lot but not less than 20 feet.

2.

Side: 7 feet.

3.

Rear: 20 feet or 15 feet when abutting an alley.

4.

Street side: 10 feet.

b.

Multiple-family and community facilities:

1.

Front: 30 feet.

2.

Side: 25 feet.

3.

Rear: 25 feet or 20 feet when abutting an alley.

4.

Street side: 25 feet.

(Ord. No. 97-10, § 1(2-5.2.5(E)), 7-3-1997)

(a)

The high density residential college road district (HDR-1) is established to implement comprehensive plan policies for areas designated "HDR-1" on the comprehensive plan future land use map. The HDR-1 district shall accommodate high density affordable housing at 40 dwelling units per acre. The HDR-1 district shall accommodate permitted uses and duly approved conditional uses as specified in section 122-332 and section 122-333.

(Ord. No. 18-04, § 2, 2-7-2018)

Uses permitted in the high density college road (HDR-1) are as follows:

(1)

Multiple-family residential dwellings.

(2)

Group homes with less than or equal to six residents.

(Ord. No. 18-04, § 2, 2-7-2018)

Conditional uses in the high density residential college road district (HDR-1) are as follows:

(1)

Group homes with seven to 14 residents.

(2)

Educational institutions and day care facilities.

(3)

Nursing homes, rest homes and convalescent homes

(4)

Parks and recreation active and passive.

(5)

Places of worship.

(6)

Protective services.

(7)

Public and private utilities.

(8)

Parking lots and facilities

(9)

Emergency shelters for the homeless, and shelters for temporarily housing the homeless which meet the following minimum standards for development review, site development and operation:

a.

Fencing: The entire site shall have a six-foot opaque fence on all sides.

b.

Landscape buffer: A minimum of a five-foot wide "D" buffer as specified in section 108-374 (c)

c.

Security lighting on the perimeter of the site and upon the interior of the fenced premises which shall be designed to "dark sky" lighting standards to protect adjacent residential uses.

d.

Onsite security personnel licensed by the State of Florida for such role and activity provided by the operator of the facility during the hours of operation inclusive of nighttime or any time when clients of the facility are present.

e.

An outdoor daytime congregation area inside the grounds of the site large enough to accommodate the maximum client population of the facility to prevent waiting and congregating off site.

f.

Onsite facilities:

i.

Sleeping facilities for 100% of the maximum client population;

ii.

Dining facilities for at least 50% of the maximum client population;

iii.

Shower and toilet facilities in a quantity necessary to serve the maximum client population;

iv.

Intake and counseling offices;

v.

Storage for client personal effects, food, sleeping linens, miscellaneous support materials;

vi.

Loading zone and bus parking area.

g.

All shelters for the homeless or for temporary housing [of] the homeless shall undergo review as a major development plan and meet the requirements of section 108-92 et seq.

(Ord. No. 18-04, § 2, 2-7-2018)

In the high density residential college road district (HDR-1), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 18-04, § 2, 2-7-2018)

The dimensional requirements in the high density residential college road district (HDR-1) are as follows:

(1)

Maximum density: 40 dwelling units per acre (40 du/acre).

(2)

Maximum floor area ratio: not applicable

(3)

Maximum height: 25 feet, unless otherwise increased by referendum.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 1 acre.

a.

Minimum lot width: 10 feet.

b.

Minimum lot depth: Multiple family and community facilities 80 feet.

(6)

Minimum setbacks:

a.

Front: 20 feet.

b.

Side: 10 feet.

c.

Rear: 10 feet.

d.

Street side: 10 feet.

(Ord. No. 18-04, § 2, 2-7-2018)

(a)

The overall purpose and intent of the commercial districts as provided in this division is to provide a management framework for implementing comprehensive plan commercial development objectives and policies. The location and distribution of specific types of commercial activities shall be determined based on the following considerations:

(1)

Trip generation characteristics, including impact on transportation facilities and off-street parking systems;

(2)

Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements;

(3)

Compatibility with and impact on nearby residential and other surrounding commercial activities;

(4)

Relationship to surrounding land uses and natural systems; and

(5)

Impact on existing and planned community services and utilities.

(b)

All commercial development shall comply with the comprehensive plan and performance criteria in chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, as well as all other applicable land development regulations. Each of the subdivisions in this division contain a description of the purpose of each zoning district established in this division, including reference to the comprehensive plan future land use map designation which shall be implemented through the land development regulations.

(Ord. No. 97-10, § 1(2-5.3), 7-3-1997)

(a)

The limited commercial district (CL) is established to implement comprehensive plan policies for areas designated "CL" on the comprehensive plan future land use map. The CL district shall accommodate limited commercial land uses with maximum gross floor area not exceeding 5,000 square feet, including total area both under roof and outside sales area, and which shall include shops catering primarily to the following markets:

(1)

Neighborhood residential markets within the immediate vicinity as opposed to citywide or regional markets;

(2)

Specialized markets with customized market demands; or

(3)

Tourist-oriented markets in the immediate vicinity.

(b)

In order to manage the impacts of future development on transportation and public facilities, the city shall limit the intensity of development in the CL district to activities generating no more than 100 trips per 1,000 square feet of gross leasable floor area per day. Areas designated for residential and limited commercial development shall not accommodate large scale retail sales and trade activities generally serving a citywide or regional market. Such stores usually differ from limited commercial shops since the former generally require a larger floor area, carry a relatively larger inventory, and require a substantially greater off-street parking area.

(c)

Uses which are not accommodated within the limited commercial area include the following: large scale discount stores or supermarkets; department stores; wholesale and warehousing activities; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; automotive services centers; and fast food establishments primarily serving in disposable containers and/or providing drive-in or drive-through facilities. In addition, the CL designation shall not accommodate transient residential uses, including motels or hotels and conversions from permanent residential use to transient residential use. However, existing motels within CL designated areas shall be grandfathered as lawful nonconforming uses.

(Ord. No. 97-10, § 1(2-5.3.1(A)), 7-3-1997)

Uses permitted in the limited commercial district (CL) are as follows:

(1)

Group homes with less than or equal to six residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Places of worship.

(4)

Business and professional offices.

(5)

Commercial retail low and medium intensity less than or equal to 5,000 square feet.

(6)

Personal service establishments including barber shops, hair salons, and tattoo parlors.

(Ord. No. 97-10, § 1(2-5.3.1(B)), 7-3-1997; Ord. No. 25-08, § 1, 2-4-2025)

Conditional uses in the limited commercial district (CL) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with seven to 14 residents as provided in section 122-1246.

(4)

Community centers, clubs and lodges.

(5)

Educational institutions and day care.

(6)

Nursing homes, rest homes and convalescent homes.

(7)

Parks and recreation, active and passive.

(8)

Protective services.

(9)

Public and private utilities.

(10)

Commercial amusement.

(11)

Commercial retail low and medium intensity greater than 5,000 square feet.

(12)

Commercial retail high intensity.

(13)

Medical services.

(14)

Parking lots and facilities.

(15)

Restaurants, excluding drive-through.

(16)

Small recreational power-driven equipment rentals (allowed only as an accessory use to a hotel/motel).

(17)

Veterinary medical services, with or without outside kennels.

(Ord. No. 97-10, § 1(2-5.3.1(C)), 7-3-1997)

In the limited commercial district (CL), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.3.1(D)), 7-3-1997)

The dimensional requirements in the limited commercial district (CL) are as follows:

(1)

Maximum density: 16 dwelling units/acre (16 du/acre).

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 40 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 10,000 square feet.

a.

Minimum width: 70 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Front and rear: minimum of 25 feet or as an alternative ten percent of lot depth for buildings up to 25 feet in height or 20 percent of lot depth for buildings over 25 feet in height; provided, however, the maximum setback shall be 50 feet.

b.

Side: 15 feet or ten percent of lot width up to a maximum of 20 feet, whichever is greater.

c.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.3.1(E)), 7-3-1997)

(a)

The general commercial district (CG) is established to implement comprehensive plan policies for areas designated "CG" on the comprehensive plan future land use map. The CG district shall accommodate general commercial uses which shall include commercial retail, highway-oriented sales and services, other general commercial activities specified in section 122-1111 pertaining to land use by districts, customary accessory uses, and requisite community facilities. The general commercial district shall service the general commercial needs of residents and tourists which are not fulfilled in the historic area mixed use districts. The area is generally located along the North Roosevelt Corridor. Single-family, duplex and multiple-family residential activities may be accommodated only if approved as a conditional use pursuant to conditions and procedures identified in article III of this chapter. Height restrictions shall ensure a more effective land use transition from adjacent and nearby single-family neighborhoods.

(b)

The CG area shall not accommodate manufacturing of goods or other activities which may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibration, major fire hazards, or other impacts generally associated with more intensive industrial uses. On the other hand, transient lodging including hotels and motels, timesharing or fractional fee residential complexes or other transient quarters may be located within the CG district if the use complies with all provisions of the comprehensive plan and land development regulations.

(Ord. No. 97-10, § 1(2-5.3.2(A)), 7-3-1997)

Uses permitted in the General Commercial (CG) Zoning District are as follows:

(1)

Single-family/two-family residential dwellings for workforce affordable housing in compliance with Article V, Division 10, Work Force Housing.

(2)

Multiple-family residential dwellings for workforce affordable housing in compliance with Article V, Division 10, Work Force Housing.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Cultural and civic activities.

(5)

Hospitals and extensive care.

(6)

Places of worship.

(7)

Business and professional offices.

(8)

Commercial retail low and medium intensity less than or equal to 10,000 square feet.

(9)

Commercial retail high intensity less than or equal to 5,000 square feet.

(10)

Hotels, motels, and transient lodging.

(11)

Medical services.

(12)

Parking lots and facilities.

(13)

Personal service establishments including barber shops, hair salons, and tattoo parlors.

(14)

Restaurants, with or without drive-through.

(15)

Veterinary medical services with or without outside kennels.

(Ord. No. 97-10, § 1(2-5.3.2(B)), 7-3-1997; Ord. No. 19-39, § 2, 12-3-2019; Ord. No. 25-08, § 1, 2-4-2025)

Conditional uses in the general commercial district (CG) are as follows:

(1)

Single-family/two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with seven to 14 residents as provided in section 122-1246.

(4)

Community centers, clubs and lodges.

(5)

Educational institutions and day care.

(6)

Nursing homes, rest homes and convalescent homes.

(7)

Parks and recreation, active and passive.

(8)

Protective services.

(9)

Public and private utilities.

(10)

Bars and lounges.

(11)

Boat sales and service.

(12)

Commercial retail low and medium intensity greater than 10,000 square feet.

(13)

Commercial retail high intensity greater than 5,000 square feet.

(14)

Commercial amusement.

(15)

Funeral homes.

(16)

Gasoline stations.

(17)

Light industrial.

(18)

Marinas.

(19)

Small recreational power-driven equipment rentals (allowed only as an accessory use to a hotel/motel).

(20)

Vehicular sales and related services.

(21)

Pain management clinics (see division 14 of article V).

(Ord. No. 97-10, § 1(2-5.3.2(C)), 7-3-1997; Ord. No. 07-14, § 1, 9-18-2007; Ord. No. 13-12, § 2, 7-2-2013; Ord. No. 25-08, § 1, 2-4-2025)

In the general commercial district (CG), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.3.2(D)), 7-3-1997)

The dimensional requirements in the general commercial district (CG) are as follows:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre). However, for the development of affordable housing, a density bonus of up to forty (40) dwelling units per acre (40 du/acre) will be allowed in compliance with Article V, Division 10, Work Force Housing. Market rate housing will be restricted to 16 dwelling units per acre.

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 40 feet except for the following: The maximum height shall be 30 feet along N. Roosevelt Boulevard, from Seventh Avenue west to Eisenhower Drive and Jose Marti Drive.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 15,000 square feet.

a.

Minimum lot width: 150 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front and rear: minimum of 25 feet or as an alternative ten percent of lot depth for buildings up to 25 feet in height or 20 percent of lot depth for buildings over 25 feet in height; provided, however, the maximum setback shall be 50 feet.

b.

Side: 15 feet or ten percent of lot width up to a maximum of 20 feet, whichever is greater.

c.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.3.2(E)), 7-3-1997; Ord. No. 19-39, § 2, 12-3-2019)

The Salt Pond commercial tourist district (CT) is established to implement comprehensive plan policies for areas designated "CT" on the comprehensive plan future land use map. Strategically located adjacent to the Key West International Airport, the CT district shall accommodate motels, limited scale tourist facilities stipulated in section 122-1111 pertaining to land use by districts, customary accessory uses, and requisite community facilities. The CT district shall not accommodate other commercial retail sales and services aside from motels and tourist-related facilities identified in section 122-1111.

(Ord. No. 97-10, § 1(2-5.3.3(A)), 7-3-1997)

Uses permitted in the Salt Pond commercial tourist district (CT) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Cultural and civic activities.

(5)

Places of worship.

(6)

Business and professional offices.

(7)

Commercial retail low and medium intensity less than or equal to 5,000 square feet.

(8)

Hotels, motels, and transient lodging.

(9)

Medical services.

(10)

Parking lots and facilities.

(Ord. No. 97-10, § 1(2-5.3.3(B)), 7-3-1997)

Conditional uses in the Salt Pond commercial tourist district (CT) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Nursing homes/rest homes and convalescent homes.

(3)

Community centers, clubs and lodges.

(4)

Educational institutions and day care.

(5)

Parks and recreation active and passive.

(6)

Protective services.

(7)

Public and private utilities.

(8)

Bars and lounges.

(9)

Commercial retail low and medium intensity greater than 5,000 square feet.

(10)

Commercial retail high intensity.

(11)

Restaurants, excluding drive-through.

(12)

Small recreational power-driven equipment rentals (allowed only as an accessory use to a hotel or motel).

(Ord. No. 97-10, § 1(2-5.3.3(C)), 7-3-1997)

In the Salt Pond commercial tourist district (CT), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.3.3(D)), 7-3-1997)

The dimensional requirements in the Salt Pond commercial tourist district (CT) are as follows:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 40 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 30,000 square feet.

a.

Minimum lot width: 150 feet street frontage.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front and rear: minimum of 25 feet or as an alternative ten percent of lot depth for buildings up to 25 feet in height or 20 percent of lot depth for buildings over 25 feet in height; provided, however, the maximum setback shall be 50 feet.

b.

Side: 15 feet or ten percent of lot width up to a maximum of 20 feet, whichever is greater.

c.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.3.3(E)), 7-3-1997)

The purpose and intent of the mixed use districts in this division is to provide a management framework for implementing comprehensive plan mixed use development objectives and policies, including: (i) residential/office development and (ii) planned redevelopment and development. All mixed use development shall comply with the comprehensive plan and the performance criteria in chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114, as well as other applicable land development regulations. This division contains a description of the purpose of each mixed use zoning district established, including reference to the comprehensive plan future land use map designation which shall be implemented through the land development regulations.

(Ord. No. 97-10, § 1(2-5.4), 7-3-1997)

The mixed use residential/office district (RO) is established to implement comprehensive plan policies for areas designated "RO" on the comprehensive plan future land use map. The RO district shall accommodate business and professional offices as well as single-family, duplex, and multiple-family residential structures. Customary accessory uses and community facilities may also locate within the areas designated "RO." Areas designated "RO" shall not accommodate transient lodging and guesthomes, general retail sales and services, warehousing, and outside storage. Furthermore, this policy designation is intended for areas which:

(1)

Are located to provide for a land use transition between areas designated "SF" and more intense mixed use areas;

(2)

Have access to a major thoroughfare and all required urban services;

(3)

Contain sufficient land area to accommodate good principles of urban design, including sufficient land area to provide adequate landscaping and buffers to separate existing as well as potential future adjacent land uses of differing intensity; and

(4)

Accommodate only residential uses as well as business and professional office buildings, including financial institutions, and medical facilities as regulated in the land development regulations.

(Ord. No. 97-10, § 1(2-5.4.1(A)), 7-3-1997)

Uses permitted in the mixed use residential/office district (RO) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Parking lots and facilities.

(7)

Veterinary medical services, without outside kennels.

(Ord. No. 97-10, § 1(2-5.4.1(B)), 7-3-1997)

Conditional uses in the mixed use residential/office district (RO) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Public and private utilities.

(3)

Community centers, clubs and lodges.

(4)

Cultural and civic activities.

(5)

Educational institutions and day care.

(6)

Nursing homes, rest homes and convalescent homes.

(7)

Parks and recreation active and passive.

(8)

Protective services.

(9)

Medical services.

(Ord. No. 97-10, § 1(2-5.4.1(C)), 7-3-1997)

In the mixed use residential/office district (RO), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.4.1(D)), 7-3-1997)

The dimensional requirements in the mixed use residential/office district (RO) are as follows:

(1)

Maximum density: 16 dwelling units per acre (16 du/acres).

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 10,000 square feet.

a.

Minimum lot width: 70 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 30 feet.

b.

Side: 15 feet.

c.

Rear: 25 feet.

d.

Street side: 15 feet.

(Ord. No. 97-10, § 1(2-5.4.1(E)), 7-3-1997)

(a)

The mixed use planned redevelopment/development district (PRD) is established to implement comprehensive plan policies for areas designated "PRD" on the comprehensive plan future land use map. The PRD district shall accommodate planned development or redevelopment of strategically located sites for large scale development. Such development or redevelopment generates communitywide impacts and requires a regulatory framework that provides for comprehensive impact assessment as well as flexibility in negotiating development agreements (reference F.S. § 163.3220 et seq., the Florida Local Government Development Agreement Act) which significantly further the goals, objections, and policies of the comprehensive plan.

(b)

The PRD district regulations provide a regulatory framework for managing large scale development or redevelopment which generates potential communitywide impacts. Such large scale development and redevelopment activities may include redevelopment of large scale shopping centers along the North Roosevelt Corridor or the anticipated large scale residential development targeted for the municipal golf course. A PRD designation may also be appropriate for managing potential communitywide impacts generated by redevelopment of large scale and long established mobile home developments.

(Ord. No. 97-10, § 1(2-5.4.2(A)), 7-3-1997)

Uses permitted in the mixed use planned redevelopment/development district (PRD) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings (except in the Key West golf club development).

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.4.2(B)), 7-3-1997; Ord. No. 04-02, § 1, 1-21-2004)

Conditional uses in the mixed use planned redevelopment/development district (PRD) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Community centers, clubs and lodges.

(3)

Cultural and civic activities.

(4)

Educational institutions and day care.

(5)

Golf course facilities which maintain ten percent native vegetative uplands.

(6)

Nursing homes, rest homes and convalescent homes (except in the Key West golf club development).

(7)

Parks and recreation, active and passive.

(8)

Places of worship.

(9)

Protective services.

(10)

Public and private utilities.

(11)

Business and professional offices.

(12)

Commercial retail low, medium and high intensity.

(13)

Medical services (except in the Key West golf club development).

(14)

Parking lots and facilities.

(15)

Restaurants, excluding drive-through.

(Ord. No. 97-10, § 1(2-5.4.2(C)), 7-3-1997; Ord. No. 04-02, § 2, 1-21-2004)

In the mixed use planned redevelopment/development district (PRD), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.4.2(D)), 7-3-1997)

The dimensional requirements in the mixed use planned redevelopment/development district (PRD), except as provided in section 122-541, are as follows:

(1)

Maximum density: eight dwelling units per acre (8 du/acre).

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum setbacks:

a.

Front: minimum of 25 feet or as an alternative 10 percent of lot depth for buildings up to 25 feet in height or 20 percent of lot depth for buildings over 25 [feet] in height; provided, however, the maximum setback shall be 50 feet.

b.

Side: 20 feet.

c.

Rear: 40 feet or 35 feet when abutting an alley.

d.

Street side: 20 feet.

(Ord. No. 97-10, § 1(2-5.4.2(E)), 7-3-1997; Ord. No. 04-02, § 3, 1-21-2004)

The dimensional requirements in the mixed use planned redevelopment/development district (PRD) applicable to the Key West golf club development are as follows:

(1)

Maximum density: one dwelling unit per lot existing on January 1, 2003.

(2)

Maximum floor area ratio: 0.8.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 5 feet (0 feet for air conditioning equipment, pool enclosures, pool equipment, carports and garbage enclosure areas) (2.5 feet for pools). Structures in existence on the effective date of this ordinance, however, shall be entitled to retain their existing side setbacks.

c.

Rear: 5 feet (0 feet for pools, pool enclosures, pool equipment and garbage enclosure areas).

d.

Street side: 5 feet.

(Ord. No. 04-02, § 4, 1-21-2004)

The following provisions apply to accessory structures, swimming pools and spas constructed within the Key West golf club development:

(a)

Accessory structures and additions to existing homes are permitted to be constructed on lots, consistent with the conditions set forth in this section. Accessory structures shall include, but not be limited to: patios, decks, fences, gazebos, arbors, trellises, sheds, pools, spas, and mechanical swimming pool or spa equipment. The Key West Golf Club Homeowners Association must provide the City of Key West a written approval of a proposed accessory structure or a proposed addition to an existing house, as a condition of issuance of a building permit. Swimming pools and spas are prohibited on those lots identified on the attached Exhibit A as lots 56, 57, 59, 60, 61, 62, 63, 64, 65, 66A, 66B, 67A, 67B, 68, 69, 87, 88, 89, 90, 95, 96, 97, 98, 99, 100, 101, 102, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 149A, 149B, 151, 152, 153A, 153B, 154A, 154B, 155A, 155B, 156A, 156B, 157A, 157B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299 and 300. On these lots where swimming pools and spas are prohibited, the following rear-yard accessory structures and additions must be screened as a further condition of issuance of a building permit: decks elevated above 30 inches, porches and balconies.

(b)

On the following lots or portions thereof, as indicated on Exhibit A by a circle, which are subject to existing restrictive covenants, no improvements including swimming pools and spas shall be constructed except the certain landscaping as permitted in the restrictive covenants: the rear (northerly) 8.0 feet of 47RY, the rear (southerly) 28.92 feet of 120RY, the rear (southerly) 27.90 feet of 121RY and all of 283RY.

(c)

A fence or hedge designed to shield a yard from errant golf shots may be up to 9.5 feet high.

(d)

There shall be no variance of the prohibition against swimming pools and spas on the lots enumerated in subsection (a).

(Ord. No. 04-02, § 5, 1-21-2004)

Editor's note— Exhibit A cited in § 122-542 is not set out in this Code but is available for review in the office of the city clerk.

(a)

The residential lots authorized for the Key West golf club development are limited to those lots depicted on the final lot survey of the Key West golf club development approved in Key West Resolution Number 04-041. No other lot may be created, nor may any lot be subdivided. The final lot survey, dated September 22, 2003, is on file with the city clerk.

(b)

Those lots designated on the final lot survey of Key West golf club as sub-lots (with "RY" suffix) may be conveyed only to the owner of the contiguous lot bearing the same lot number as the sub-lot, and once conveyed, may not be separately re-conveyed or otherwise separately alienated; i.e., conveyance of the sub-lot shall establish an indivisible unity of title joining the title of the sub-lot with title to the correspondingly numbered contiguous lot.

(c)

No principal use may be constructed on a Key West golf course sub-lot.

(Ord. No. 04-02, § 6, 1-21-2004)

The purpose and intent of the historic preservation districts in this division and in divisions 7 through 12 of this article is to provide a management framework for implementing comprehensive plan historic preservation objectives and policies. Development within the districts identified in this division and in divisions 7 through 12 of this article shall be planned and developed in a manner to preserve the form, function, image, and ambiance of the historic district. Any development plans for these areas shall be designed in a manner compatible with historic structures within the vicinity.

(Ord. No. 97-10, § 1(2-5.5), 7-3-1997; Ord. No. 00-04, § 11, 2-1-2000)

(a)

The historic medium density residential district (HMDR) is established to implement comprehensive plan policies for areas designated "HMDR" on the comprehensive plan future land use map. The HMDR district shall accommodate historic Old Town medium density residential development for permanent residents, including single-family, duplex, and multiple-family residential structures. The HMDR district shall provide a management framework for preserving the residential character and historic quality of the medium density residential areas within Old Town.

(b)

In addition, accessory uses, including approved home occupations conducted within the residential structure, and customary community facilities can be located in the HMDR designated area. This area shall not accommodate transient residential uses, including guesthomes, motels or hotels. Similarly, the area shall not accommodate commercial office, retail, or other commercial uses. Lawfully existing office or commercial uses shall be permitted to continue to exist as lawful nonconforming uses if such uses continue to comply with conditions invoked when the respective uses were approved.

In the event the city owns the portion of the Truman Waterfront Parcel designated HMDR, the site will be developed for 100 percent affordable housing. If the site is privately owned, one-third of the dwelling units will be affordable.

(Ord. No. 97-10, § 1(2-5.5.1(A)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.1(A)), 9-8-1999)

Uses permitted in the historic medium density residential district (HMDR) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 97-10, § 1(2-5.5.1(B)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.1(B)), 9-8-1999)

Conditional uses in the historic medium density residential district (HMDR) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Educational institutions and day care.

(4)

Nursing homes/rest homes and convalescent homes.

(5)

Parks and recreation active and passive.

(6)

Places of worship.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Parking lots and facilities.

(Ord. No. 97-10, § 1(2-5.5.1(C)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.1(C)), 9-8-1999)

In the historic medium density residential district (HMDR), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.1(D)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.1(D)), 9-8-1999)

The dimensional requirements in the historic medium density residential district (HMDR) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 1.0.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum lot width: 40 feet.

b.

Minimum lot depth: 90 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2-5.5.1(E)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.1(E)), 9-8-99; Ord. No. 10-04, § 3, 1-5-2010)

(a)

The historic special medium density residential district (HSMDR) is established to implement comprehensive plan policies for areas designated "HSMDR" on the comprehensive plan future land use map. The HSMDR district shall accommodate historic special Old Town medium density residential development for permanent residents, including single-family, duplex, and multiple-family residential structures.

(b)

Accessory uses and structures, including approved home occupations conducted within the residential structure, and customary community facilities can be located in the HSMDR designated area. This district shall not accommodate transient residential lodging uses, including guest homes, motels or hotels, time-shares, transient apartment, vacation rental, and gated transient communities.

(c)

Freestanding commercial offices, retail or other commercial or industrial uses of any kind shall not be permitted.

(d)

The historic preservation planner shall have the discretion to review redevelopment and new development impacts for mass, scale, size, proportion and screening to ensure compatibility with the existing commercial fabric.

(e)

Any development plan approval submitted for a property in the HSMDR zoning district shall be accompanied by a concurrent application for a development agreement.

(Ord. No. 12-33, § 2, 9-18-2012)

Uses permitted in the historic medium density residential district (HSMDR) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Accessory uses and structures.

(4)

Approved home occupations.

(Ord. No. 12-33, § 2, 9-18-2012)

Conditional uses in the historic medium density residential district (HSMDR) are as follows:

(1)

Community centers, clubs and lodges accessory to residential uses.

(2)

Cultural and civic activities.

(3)

Parks and recreation active and passive.

(4)

Public and private utilities.

(5)

Parking lots and facilities.

(6)

Educational institutions and day care facilities.

(Ord. No. 12-33, § 2, 9-18-2012)

In the historic special medium density residential district (HSMDR), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 12-33, § 2, 9-18-2012)

The dimensional requirements in the historic special medium density residential district (HSMDR) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the Historic Architectural Review Commission Design Guidelines, for additions and alterations and new construction, dated and effective January 5, 2010, and administered by the historic preservation planner, and/or the HARC commission, who shall have the responsibility to review and approve or deny all applications for improvements, redevelopment and new development.

(1)

Maximum density: 8.6 dwelling units per acre (8.6 du/acre).

(2)

Maximum floor area ratio for all development including residential: 1.0.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 12-33, § 2, 9-18-2012)

Affordable housing shall be required for all existing residential, redeveloped residential and new residential development at a ratio of 30 percent of the total units existent, redeveloped and/or created on properties located within the HSMDR zoning district per chapter 122, article V, division 10, sections 122-1465 through 122-1472. Except that applications for rezoning of the property to HSMDR zoning received before September 6, 2012, shall have the 30% ratio adjusted such that the requirement shall be not less, but not more than 30 percent of the units existent on site at the time of application.

(Ord. No. 12-33, § 2, 9-18-2012)

(a)

The historic high density residential district (HHDR) is established to implement comprehensive plan policies for areas designated "HHDR" on the comprehensive plan future land use map. The HHDR district shall accommodate historic high density residential development for permanent residents, including single-family, duplex, and multiple-family residential structures. The purpose of the historic high density residential designation is to provide a management framework for preserving the residential character and historic quality of the Old Town central residential community.

(b)

In addition, incidental accessory uses, including duly approved home occupations, and customary community facilities can be located in the HHDR district. The HHDR district shall not accommodate transient residential uses, including guesthomes, motels or hotels. Similarly, the area shall not accommodate freestanding commercial offices, retail, or other commercial uses. Lawfully existing office or commercial uses shall be permitted to continue to exist as lawful nonconforming uses if such uses continue to comply with conditions invoked when the respective uses were approved.

(Ord. No. 97-10, § 1(2-5.5.2(A)), 7-3-1997)

Uses permitted in the historic high density residential district (HHDR) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Cemeteries, in the area bounded by Olivia Street, Windsor Lane, Passover Lane, Angela Street, and Frances Street.

(Ord. No. 97-10, § 1(2-5.5.2(B)), 7-3-1997; Ord. No. 04-09, § 1, 5-18-2004)

Conditional uses in the historic high density residential district (HHDR) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Educational institutions and day care.

(4)

Nursing homes, rest homes and convalescent homes.

(5)

Parks and recreation, active and passive.

(6)

Places of worship.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Parking lots and facilities.

(Ord. No. 97-10, § 1(2-5.5.2(C)), 7-3-1997)

In the historic high density residential district (HHDR), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.2(D)), 7-3-1997)

The dimensional requirements in the historic high density residential district (HHDR) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 22 dwelling units per acre (22 du/acre).

(2)

Maximum floor area ratio: 1.00.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum width: 40 feet.

b.

Minimum depth: 90 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 5 feet or 10 percent of lot width to a maximum of 15 feet, whichever is greater.

c.

Rear: 20 feet.

d.

Street side: 5 feet.

(Ord. No. 97-10, § 1(2-5.5.2(E)), 7-3-1997; Ord. No. 10-04, § 4, 1-5-2010)

The historic residential commercial core districts (HRCC-1 through 3) are established to implement comprehensive plan policies for areas designated "HRCC-1 through 3" on the comprehensive future land use map. The HRCC districts shall accommodate the historic residential commercial core mixed use center. The HRCC district shall provide a management framework for preserving the nature, character and historic quality of the historic commercial core, including related residential development. Consistent with the comprehensive plan future land use map, the HRCC district has been divided into three subdistricts in order to carry out comprehensive plan policies addressing the function, form, and development constraints associated with the respective subareas.

(Ord. No. 97-10, § 1(2-5.5.3), 7-3-1997)

Uses permitted in the HRCC district are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(Ord. No. 03-05, § 1, 1-7-2003)

Conditional uses in the HRCC district are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Places of worship.

(3)

Business and professional offices.

(4)

Commercial retail low and medium intensity less than or equal to 5,000 square feet as provided in division 11 of article V of this chapter.

(5)

Medical services.

(6)

Parking lots and facilities.

(7)

Veterinary medical services without outside kennels.

(8)

Community centers, clubs, and lodges.

(9)

Cultural and civic activities.

(10)

Educational institutions and day care.

(11)

Nursing homes, rest homes and convalescent homes.

(12)

Parks and recreation, active and passive.

(13)

Protective services.

(14)

Public and private utilities.

(Ord. No. 03-05, § 2, 1-7-2003)

In the HRCC district, all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 03-05, § 3, 1-7-2003)

The dimensional requirements in the HRCC district are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: A maximum of 12 dwelling units per acre (12 du/acre), provided that 40 percent are affordable; or a maximum of 16 dwelling units per acre (16 du/acre), provided that 50 percent are affordable; or a maximum of 22 dwellings units per acre (22 du/acre), provided that 66.66 percent are affordable.

(2)

Maximum floor area ratio: 0.5.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Maximum impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 7.5 feet.

c.

Rear: 15 feet, but 10 feet when abutting an alley.

d.

Street side: 7.5 feet.

(Ord. No. 03-05, § 4, 1-7-2003; Ord. No. 10-04, § 5, 1-5-2010)

(a)

The HRCC-1 Duval Street gulfside district incorporates the city's intensely vibrant tourist commercial entertainment center which is characterized by specialty shops, sidewalk-oriented restaurants, lounges and bars with inviting live entertainment; and transient residential accommodations. The core of the commercial entertainment center spans generally from the Pier House south to Petronia Street as specifically referenced on the official zoning map. This segment of Duval Street is the most intense activity center in the historic commercial core. The following light manufacturing and warehousing uses are located within the eastern portion of the HRCC-1 district:

(1)

Strunk Lumber Yard.

(2)

Key West Aloe Processing Plant.

(3)

Key West Hand Print Fabric Shop.

(b)

These light manufacturing and warehouse uses include real estate parcel numbers 24, 29, 36, 99, and 116, as delineated in the county property appraiser's city property location map dated January, 1991. In addition to uses generally allowed throughout the HRCC-1 area, the following light industrial and warehouse uses may locate exclusively within these areas (i.e., real estate parcels 24, 29, 36, 99, and 116) upon satisfying comprehensive performance criteria, including but not limited to nuisance abatement standards, screening and buffering, concurrency management, open space, and all such activities must be under roof with no open yard storage:

(1)

Warehousing and wholesaling within enclosed buildings;

(2)

Service and repair establishments, excluding vehicle and heavy machinery service and repair; business services; printing shops; and similar uses;

(3)

Light manufacturing, excluding metal processing or fabrication, including light processing, assembly and distribution functions, electronics, research and development, and similar uses;

(4)

Building materials supply and storage, and contractor's storage;

(5)

Vocational trade schools;

(6)

Enclosed parking facilities; and

(7)

Accessory uses.

(Ord. No. 97-10, § 1(2-5.5.3(1)(A)), 7-3-1997)

Uses permitted in the HRCC-1 Duval Street gulfside district are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low and medium intensity less than or equal to 5,000 square feet as provided in division 11 of article V of this chapter.

(7)

Commercial retail high intensity less than or equal to 2,500 square feet as provided in division 11 of article V of this chapter.

(8)

Hotels, motels, and transient lodging.

(9)

Medical services.

(10)

Parking lots and facilities.

(11)

Personal service establishments including barber shops, hair salons, and tattoo parlors.

(12)

Restaurants, excluding drive-through.

(13)

Veterinary medical services without outside kennels.

(14)

Adult entertainment establishments (see section 122-1533).

(Ord. No. 97-10, § 1(2-5.5.3(1)(B)), 7-3-1997; Ord. No. 04-14, § 1, 7-7-2004; Ord. No. 25-08, § 1, 2-4-2025)

Conditional uses in the HRCC-1 Duval Street gulfside district are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Community centers, clubs, and lodges.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Bars and lounges, including those associated with adult entertainment establishments.

(10)

Boat sales and service.

(11)

Commercial amusement, except adult entertainment establishments.

(12)

Commercial low and medium intensity greater than 5,000 square feet as provided in division 11 of article V of this chapter.

(13)

Commercial retail high intensity greater than 2,500 square feet as provided in division 11 of article V of this chapter.

(14)

Funeral homes.

(15)

Light industrial.

(16)

Marinas.

(17)

Small recreational power-driven equipment rentals.

(Ord. No. 97-10, § 1(2-5.5.3(1)(C)), 7-3-1997; Ord. No. 04-14, § 2, 7-7-2004)

In the HRCC-1 Duval Street gulfside district, all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.3(1)(D)), 7-3-1997)

The dimensional requirements in the HRCC-1 Duval Street gulfside district are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 22 dwelling units per acre (22 du/acre).

(2)

Maximum floor area ratio: 1.0.

(3)

Maximum height: 35 feet plus an additional 5 feet if the structure has a pitched roof, the design of which is approved by the historic architectural review commission.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 70 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum lot width: 40 feet.

b.

Minimum depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: none.

b.

Side: 2.5 feet.

c.

Rear: 10 feet.

d.

Street side: none.

(Ord. No. 97-10, § 1(2-5.5.3(1)(E)), 7-3-1997; Ord. No. 10-04, § 6, 1-5-2010)

(a)

Consistent with the comprehensive plan future land use map, the HRCC-2 Key West Bight district includes the Key West Bight area. Development within this district shall reinforce the following:

(1)

Preservation of public waterfront access as well as waterfront views;

(2)

Improved pedestrian linkages with adjacent and nearby activity centers;

(3)

Protection and enhancement of opportunities for water-dependent and water-related land use activities, while preventing undue concentrations of population within the coastal high hazard area;

(4)

Accommodation of public improvements necessary to achieve redevelopment plan objectives;

(5)

Implementation of urban design schemes which attract pedestrians, increase waterfront exposure, reinforce the ambiance of the waterfront, and regulate against structures which wall off or otherwise inhibit access to waterfront views, strategic open spaces, or pedestrian linkages; and

(6)

Consistency with the redevelopment plan for the Key West Bight and the Caroline Street Redevelopment Area.

(b)

This threshold shall be consistent with the limits established in F.S. § 420.9071(20) for moderate income persons. The HRCC-2 area is the only designated receiving area for transfers of development rights.

(Ord. No. 97-10, § 1(2-5.5.3(2)(A)), 7-3-1997)

In the HRCC-2 Key West Bight district, only water-dependent uses shall be located within the first 30 feet landward of the mean high water (MHW) or the bulkhead. Similarly, only water-related uses shall be located between the 30-foot setback and the 100-foot setback from the mean high water or the bulkhead. No permanent residential use shall be located within 100 feet of the mean high water, and no transient residential uses shall be allowed within any portion of the HRCC-2 district. Permitted uses include the following:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low and medium intensity less than or equal to 5,000 square feet as provided in division 11 of article V of this chapter.

(7)

Medical services.

(8)

Parking lots and facilities.

(9)

Personal service establishments including barber shops, hair salons, and tattoo parlors.

(10)

Restaurants, excluding drive-through.

(11)

Veterinary medical services without outside kennels.

(Ord. No. 97-10, § 1(2-5.5.3(2)(B)), 7-3-1997; Ord. No. 25-08, § 1, 2-4-2025)

Conditional uses in the HRCC-2 Key West Bight district are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Community centers, clubs, and lodges.

(3)

Cultural and civic activities.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Bars and lounges.

(10)

Boat sales and service.

(11)

Commercial retail low and medium intensity greater than 5,000 square feet as provided in division 11 of article V of this chapter.

(12)

Commercial retail high intensity as provided in division 11 of article V of this chapter.

(13)

Funeral homes.

(14)

Light industrial.

(15)

Marinas.

(16)

Small recreational power-driven equipment rentals.

(Ord. No. 97-10, § 1(2-5.5.3(2)(C)), 7-3-1997)

In the HRCC-2 Key West Bight district, all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.3(2)(D)), 7-3-1997)

The dimensional requirements in the HRCC-2 Key West Bight district are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: Density of areas designated HRCC-2 on the official zoning map shall carry a base density of eight units per gross acre. These HRCC-2 designated areas may develop to a density of 12 units per acre assuming that the owner/developer certifies by a deed restriction as described in this subsection that a minimum of 40 percent of the residential units shall be provided and maintained as work force affordable housing as described. Areas designated "HRCC-2" on the official zoning map may be increased to 40 units per acre if all units within the development are deed restricted by the owner/developer as work force affordable residential units. A deed restriction shall guarantee that the work force affordable units shall be inhabited in perpetuity by residents whose income levels are consistent with income thresholds to be established in the city's affordable housing in division 10 of article V of this chapter. All developments in the HRCC-2 district involving work force affordable housing shall be approved pursuant to a development agreement as provided in chapters 94, 102 and 106; articles I and III through IX of chapter 108; and chapters 110 and 114. This threshold shall be consistent with the limits established in F.S. § 420.9071(20) for moderate income persons. The HRCC-2 area is the only designated receiving area for transfers of density.

(2)

Maximum floor area ratio: 0.5.

(3)

Maximum height: 35 feet, except within the 100-foot setback from mean high water, the following restrictions apply:

a.

The minimum open space ratio shall be 0.5. If Parcel ID #00001720-000200 is selected for a work force affordable housing development, the residential development shall comply with City Code Section 108-346(b) and provide a minimum of 35 percent open space.

b.

The height of buildings shall be one habitable floor/story above the base flood elevation.

(4)

Maximum lot coverage: Within the 100-foot setback from mean high water, the minimum open space ratio shall be 0.50, and the maximum height of buildings shall be restricted to one habitable floor/story above base flood elevations. The open space restriction shall not apply to a ferry terminal if the Chevron property within the Key West Bight area is selected for the city ferry terminal. The redevelopment plan shall provide design criteria which shall protect waterfront views, mandate pedestrian access improvements, and ensure preservation of open space. Landward of the 100-foot setback area the following restrictions shall apply:

a.

Maximum building coverage: 50 percent.

b.

Maximum impervious surface ratio: 70 percent, excepting the first 100 feet from mean high water as provided in section 122-716.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 7.5 feet.

c.

Rear: 15 feet but ten when abutting an alley.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2-5.5.3(2)(E)), 7-3-1997; Ord. No. 10-04, § 7, 1-5-2010; Ord. No. 19-34, § 2, 10-16-2019)

Consistent with the comprehensive plan future land use map, the HRCC-3 Duval Street Oceanside District includes the Duval Street Oceanside Corridor from Petronia Street south to United Street. Located toward the southern end of Duval Street, this corridor serves as a center for arts, crafts, gifts, designer goods, restaurants, and tourist accommodations. Structures within this corridor generally have retained a front facade which is much less commercialized relative to the entertainment center on the gulf side of Duval Street. The front facades generally have much smaller storefront windows and frequently incorporate a residential vernacular characterized by wood frame windows, equipped with mullions, and wood clapboard siding. This area shall be regulated by more restrictive performance standards than those applicable to the HRCC-1 district north of Petronia Street. The criteria for development within the HRCC-3 district shall require larger open space ratios, design standards which preserve and reinforce the physical characteristics of the area, and land use restrictions which exclude sidewalk bars and lounges which may produce excessive noise incompatible with surrounding activities.

(Ord. No. 97-10, § 1(2-5.5.3(3)(A)), 7-3-1997)

Uses permitted in the HRCC-3 Duval Street Oceanside District are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low and medium intensity less than or equal to 5,000 square feet as provided in division 11 of article V of this chapter.

(7)

Hotels, motels and transient lodging.

(8)

Medical services.

(9)

Parking lots and facilities.

(10)

Personal service establishments including barber shops, hair salons, and tattoo parlors.

(11)

Restaurants, excluding drive-through.

(12)

Veterinary medical services without outside kennels.

(Ord. No. 97-10, § 1(2-5.5.3(3)(B)), 7-3-1997; Ord. No. 25-08, § 1, 2-4-2025)

Conditional uses in the HRCC-3 Duval Street Oceanside District are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Community centers, clubs and lodges.

(3)

Cultural and civic activities.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Bars and lounges.

(10)

Commercial retail low and medium intensity greater than 5,000 square feet.

(11)

Commercial retail high intensity.

(12)

Funeral homes.

(13)

Small recreational power-driven equipment rentals.

(Ord. No. 97-10, § 1(2-5.5.3(3)(C)), 7-3-1997)

In the HRCC-3 Duval Street Oceanside District, all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.3(3)(D)), 7-3-1997)

The dimensional requirements in the HRCC-3 Duval Street Oceanside District are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 22 dwelling units per acre (22 du/acre).

(2)

Maximum floor area ratio: 1.0.

(3)

Maximum height: 35 feet plus an additional 5 feet if the structure has a pitched roof, the design of which is approved by the historic architectural review commission.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 4,000 feet.

a.

Minimum lot width: 40 feet.

b.

Minimum lot depth: 90 feet.

(6)

Minimum setback:

a.

Front: 5 feet.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2-5.5.3(3)(E)), 7-3-1997; Ord. No. 10-04, § 9, 1-5-2010)

The HRCC-4 district is established to implement comprehensive plan policies for areas zoned "HRCC-4" within the Truman Waterfront parcel. The district specifically accommodates uses compatible with or accessory to the Truman Waterfront Regional Park and encourages preservation of the nature, character, and quality of the city's historic development. The Truman Waterfront Park shall be dedicated in perpetuity as a regional park.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.3(4)(A))), 9-8-1999; Ord. No. 13-25, § 1, 12-3-2013)

Uses permitted in the HRCC-4 zoning district are as follows:

(1)

Parks and recreation, passive and active, inclusive of uses typically associated with or accessory to a regional waterfront park that serve social, educational and cultural needs not otherwise listed.

(2)

Protective services.

(3)

Community centers.

(4)

Government business and professional offices.

(5)

Commercial retail and concessionaire sales accessory to primary uses.

(6)

Parking lots.

(7)

Cultural and civic activities, inclusive of museums, theatres, stadiums and amphitheaters.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.3(4)(B))), 9-8-1999; Ord. No. 00-14, § 1(Exh. A), 7-5-2000; Ord. No. 13-25, § 1, 12-3-2013)

Conditional uses in the HRCC-4 Truman Waterfront District are as follows:

(1)

Waterfront restaurants and food service facilities associated with park activities.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.3(4)(C))), 9-8-1999; Ord. No. 13-25, § 1, 12-3-2013)

In the HRCC-4 Truman Waterfront District, the following uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.3(4)(D))), 9-8-1999; Ord. No. 00-14, § 1(Exh. A), 7-5-2000; Ord. No. 13-25, § 1, 12-3-2013)

The dimensional requirements in the HRCC-4 Truman Waterfront District are as follows; however, construction may be limited by, scale, mass and proportion considerations as expressed through the historic architectural review commission design guidelines; in addition to dimensional requirements imposed by the adjacent military property as stated in the Truman Waterfront parcel land conveyance documents:

(1)

Maximum density: Not applicable.

(2)

Maximum FAR: 0.8.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 30 percent.

b.

Maximum impervious surface ratio: 50 percent.

(5)

Minimum lot size: Not applicable.

(6)

Minimum setbacks:

a.

Front: 7.5 feet.

b.

Side: 7.5 feet.

c.

Rear: 7.5 feet.

d.

Street side: 7.5 feet.

(7)

Additional regulations:

a.

Required street landscape buffers may be reduced to the setbacks enumerated in subsection (6) above when the principal use is passive and active recreation defined in chapter 86, section 86-9, definition of terms.

b.

Military requirements for landscaping adjacent to military lands should be installed in accordance with the Truman Waterfront parcel land conveyance documents.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.3(4)(E))), 9-8-1999; Ord. No. 10-04, § 8, 1-5-2010; Ord. No. 13-25, § 1, 12-3-2013)

Cross reference— Historic Preservation, ch. 102.

(a)

The historic neighborhood commercial districts, HNC-1 through 4 districts, are established to implement comprehensive plan policies for areas designated "HNC-1 through 4" on the comprehensive plan future land use map. The HNC districts shall accommodate both residential and neighborhood commercial uses typically located along major thoroughfares which lead into or are adjacent to the central core commercial area of the city. Residential activities permitted within the HNC-1 through 4 districts include single-family and duplex structures as well as multiple-family structures. Commercial uses generally permitted in these districts include the following:

(1)

Professional offices;

(2)

Banking and financial institutions;

(3)

Personal service shops;

(4)

Specialty shops;

(5)

Retail sales and services, excluding automotive sales and services as well as drive-through restaurants, theaters or other drive-through facilities which potentially generate similar traffic flow problems; and

(6)

Transient living accommodations and guest cottages within the HNC-1 and HNC-3 districts but not within the HNC-2 and HNC-4 districts.

(b)

The HNC-1 through 4 districts may also accommodate customary accessory uses and community facilities. The HNC district regulations include criteria for managing issues surrounding land use compatibility; historic preservation; access to public facilities with available capacity; urban design amenities; and related issues which must be managed to ensure effective implementation of the comprehensive plan goals, objectives, and policies. Within the HNC districts redevelopment or conversion of permanent housing structures to transient residential, office, or other allowable commercial uses shall be permitted only if no on-site reduction in housing units for permanent residents occurs. Within the HNC-1 through 3 districts, the minimum size dwelling shall be 750 square feet.

(c)

Performance standards shall restrict the allowable neighborhood commercial uses to very limited square footage in order to maintain land use compatibility with residential uses in the vicinity. In addition, the performance standards shall require minimum open space ratios, restrict the floor area based on traffic-generating characteristics, and incorporate other qualitative and quantitative standards which protect residential properties.

(d)

In order to manage the impacts of future development on transportation and public facilities, the city shall limit the intensity of development within the HNC district by establishing the following thresholds within subdistricts HNC-1, HNC-2, HNC-3, and HNC-4, respectively:

(1)

Within the HNC-1 subdistrict, excepting sites abutting Simonton Street and Truman Avenue, and HNC-4 on a conditional use, land use activities shall generate no more than 100 trips per 1,000 square feet of gross leasable floor area per day.

(2)

Within the HNC-2, HNC-3, and HNC-4 subdistricts, land use activities shall generate no more than 50 trips per 1,000 square feet of gross leasable floor area per day.

(3)

Within the HNC-2 and HNC-4 subdistricts, transient accommodations shall be prohibited.

(e)

The HNC subdistricts are generally located on the official zoning map as provided in subdivisions II through V of this division.

(Ord. No. 97-10, § 1(2-5.5.4), 7-3-1997; Ord. No. 21-06, § 2, 2-18-2021)

The historic neighborhood commercial district—Truman/Simonton (HNC-1) consists of Simonton, Truman Avenue, and White Street South Corridors. The HNC-1 district is located along major segments of Simonton Street, from Caroline South to United Street; Truman Avenue, from Simonton Street northeast to White Street; and White Street, from Truman Avenue south to United Street; and generally includes larger scale commercial uses oriented toward the motoring public.

(Ord. No. 97-10, § 1(2-5.5.4(1)(A)), 7-3-1997)

Within the historic neighborhood commercial (HNC) districts, redevelopment or conversion of permanent housing structures to transient residential, office, or other allowable commercial uses shall be permitted only if no on-site reduction in housing units for permanent residents occurs. Uses permitted include the following:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low and medium intensity less than or equal to 2,500 square feet.

(7)

Hotels, motels and transient lodging.

(8)

Medical services.

(9)

Parking lots and facilities.

(10)

Veterinary medical services without outside kennels.

(Ord. No. 97-10, § 1(2-5.5.4(1)(B)), 7-3-1997)

Conditional uses in the historic neighborhood commercial district—Truman/Simonton (HNC-1) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Community centers, clubs and lodges.

(3)

Cultural and civic activities.

(4)

Educational institutions and day care.

(5)

Nursing homes, rest homes and convalescent homes.

(6)

Parks and recreation, active and passive.

(7)

Protective services.

(8)

Public and private utilities.

(9)

Commercial retail low and medium intensity greater than 2,500 square feet.

(10)

Commercial retail high intensity.

(11)

Funeral homes.

(12)

Light industrial.

(13)

Restaurants, excluding drive-through.

(14)

Small recreational power-driven equipment rentals.

(Ord. No. 97-10, § 1(2-5.5.4(1)(C)), 7-3-1997)

In the historic neighborhood commercial district—Truman/Simonton (HNC-1), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.4(1)(D)), 7-3-1997)

The dimensional requirements in the historic neighborhood commercial district—Truman/Simonton (HNC-1) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 1.0. Refer to section 122-776 for additional restrictions that regulate the square footage of gross leasable floor area based on trip generation within HNC areas.

(3)

Maximum height: 35 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum lot width: 40 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2-5.5.4(1)(E)), 7-3-1997; Ord. No. 10-04, § 10, 1-5-2010)

The historic neighborhood commercial district (HNC-2) is restricted to small offices, neighborhood shops, restaurants with very limited seating, or other commercial uses similar in character to traditional neighborhood commercial services which have very limited square footage and generate low volumes of traffic. In the future in-fill within the HNC-2 district shall be strictly governed by performance criteria which ensures continued land use compatibility and stability within and among adjacent residential areas. The HNC-2 district mixed use subareas are comprised of both residential and commercial activities and shall continue to be allowed to develop as mixed use neighborhood centers. Qualitative and quantitative performance criteria shall be used to prevent encroachment by incompatible commercial uses characterized by excessive scale and intensity.

(Ord. No. 97-10, § 1(2.5.5.4(2)(A)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.4(2)(A))), 9-8-1999)

Uses permitted in the historic neighborhood commercial district (HNC-2) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low intensity less than or equal to 2,500 square feet.

(7)

Medical services.

(8)

Parking lots and facilities.

(9)

Veterinary medical services, without outside kennels.

(10)

Parks and recreation, active and passive on the Truman Waterfront parcel, only.

(Ord. No. 97-10, § 1(2.5.5.4(2)(B)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.4(2)(B))), 9-8-1999)

Conditional uses in the historic neighborhood commercial district (HNC-2) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Educational institutions and day care.

(4)

Nursing homes, rest and convalescent homes.

(5)

Parks and recreation, active and passive.

(6)

Protective services.

(7)

Public and private utilities.

(8)

Commercial retail low intensity greater than 2,500 square feet and less than or equal to 5,000 square feet.

(9)

Restaurants, excluding drive-through. However, restaurants are expressly excluded from lots fronting the south side of Caroline Street, west of William Street and extending west 50 feet past Peacon Lane to include the lot abutting both the west side of Peacon Lane and the south side of Caroline Street.

(Ord. No. 97-10, § 1(2.5.5.4(2)(C)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.4(2)(C))), 9-8-1999)

In the historic neighborhood commercial district (HNC-2), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2.5.5.4(2)(D)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.4(2)(D))), 9-8-1999)

The dimensional requirements in the historic neighborhood commercial district (HNC-2) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 1.0. Refer to section 122-776 for additional restrictions that regulate the square footage of gross leasable floor area based on trip generation within HNC areas.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 5,000.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 10 feet.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2.5.5.4(2)(E)), 7-3-1997; Ord. No. 99-18, § 1 (Exh. A(2-5.5.4(2)(E))), 9-8-1999; Ord. No. 10-04, § 11, 1-5-2010)

The historic neighborhood commercial district (HNC-3) consists of the Bahama Village commercial core. The HNC-3 Bahama Village commercial core district includes the Bahama Village neighborhood commercial core along Petronia Street, approximately 200 feet southwest of Duval Street, and extends southwestward to the rear property lines of lots abutting the southwest side of Emma Street. The village area is a redevelopment area, including a commercial center linked to Duval Street. Consistent with the comprehensive plan, development in the district shall be directed toward maintaining and/or revitalizing existing housing structures, preventing displacement of residents, and compliance with concurrency management.

(Ord. No. 97-10, § 1(2-5.5.4(3)(A)), 7-3-1997)

Within the historic neighborhood commercial district (HNC-3), redevelopment or conversion of permanent housing structures to transient residential, office, or other allowable commercial uses shall be permitted only if no on-site reduction in housing units for permanent residents occurs. Uses permitted include the following:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Places of worship.

(5)

Business and professional offices.

(6)

Commercial retail low intensity less than or equal to 2,500 square feet.

(7)

Hotels, motels, and transient lodging.

(8)

Medical services.

(9)

Parking lots and facilities.

(10)

Veterinary medical services, without outside kennels.

(Ord. No. 97-10, § 1(2-5.5.4(3)(B)), 7-3-1997)

Conditional uses in the historic neighborhood commercial district (HNC-3) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Cultural and civic activities.

(3)

Educational institutions and day care.

(4)

Nursing homes, rest homes and convalescent homes.

(5)

Parks and recreation, active and passive.

(6)

Protective services.

(7)

Public and private utilities.

(8)

Commercial retail low intensity greater than 2,500 square feet to less than or equal to 5,000 square feet.

(9)

Restaurants, excluding drive-through.

(Ord. No. 97-10, § 1(2-5.5.4(3)(C)), 7-3-1997)

In the historic neighborhood commercial district (HNC-3), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 97-10, § 1(2-5.5.4(3)(D)), 7-3-1997)

The dimensional requirements in the historic neighborhood commercial district (HNC-3) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: 1.0. Refer to section 122-776 for additional restrictions that regulate the square footage of gross leasable floor area based on trip generation within HNC areas.

(3)

Maximum height: 30 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Impervious surface ratio: 60 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum lot width: 40 feet.

b.

Minimum lot depth: 90 feet.

(6)

Minimum setbacks:

a.

Front: none.

b.

Side: 5 feet.

c.

Rear: 15 feet.

d.

Street side: 7.5 feet.

(Ord. No. 97-10, § 1(2-5.5.4(3)(E)), 7-3-1997; Ord. No. 10-04, § 12, 1-5-2010)

The Historic Neighborhood Commercial - Bahama Village Truman Waterfront (HNC-4) zoning district shall expand the Bahama Village community and link Historic Bahama Village with the Truman Waterfront. The zoning district shall provide open spaces linked with multimodal green ways, public access to Truman Waterfront, affordable housing, neighborhood retail, social services, and historical and educational nodes that shall serve as an extension of the neighborhood fabric of Bahama Village.

The HNC-4 zoning district shall accommodate neighborhood scale mixed use development that shall include high density mixed income and affordable workforce housing with a density of 40 dwelling units per acre. At least 30% of any new multi-family development shall be deed-restricted affordable workforce housing pursuant to Section 122-1467 requirements for affordable workforce housing, however, linkage exceptions shall not be permitted for mixed-use or multi-family developments within this district. Locally owned and operated neighborhood scale markets, commercial shops, and restaurants shall be encouraged, while high intensity commercial uses shall not be accommodated.

(Ord. No. 21-06, § 2, 2-18-2021)

Uses permitted in the historic neighborhood commercial district Bahama Village Truman Waterfront (HNC-4) are as follows:

(1)

Single-family and two-family residential dwellings.

(2)

Multiple-family residential dwellings.

(3)

Group homes with less than or equal to six residents as provided in section 122-1246.

(4)

Business and professional offices.

(5)

Commercial retail low intensity.

(6)

Medical services.

(7)

Parks and recreation, passive and active.

(8)

Restaurants, excluding drive-through facilities that generate less than or equal to 50 pm peak hour vehicle trips per 1,000 square feet of gross leasable floor area.

(9)

Open air vending and mobile vending consistent with other city regulations.

(10)

Cultural and Civic Activities.

(11)

Social Services.

(Ord. No. 21-06, § 2, 2-18-2021)

Conditional uses in the historic neighborhood commercial district Bahama Village Truman Waterfront (HNC-4) are as follows:

(1)

Group homes with seven to 14 residents as provided in section 122-1246.

(2)

Educational institutions and day care.

(3)

Nursing homes, rest homes, assisted living facilities, and convalescent homes.

(4)

Protective services.

(5)

Public and private utilities.

(6)

Commercial retail medium intensity.

(7)

Restaurants, excluding drive-through, that generate between 50 and 100 pm peak hour vehicle trips per 1,000 square feet.

(8)

Places of worship.

(9)

Community centers, clubs, and lodges.

(10)

Veterinary medical services.

(11)

Parking lots and facilities.

(Ord. No. 21-06, § 2, 2-18-2021)

In the historic neighborhood commercial district Bahama Village Truman Waterfront (HNC-4), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 21-06, § 2, 2-18-2021)

The dimensional requirements in the historic neighborhood commercial district Bahama Village Truman Waterfront (HNC-4) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 40 dwelling units per acre (40 du/acre).

(2)

Maximum floor area ratio: 1.0. Refer to section 122-776 for additional restrictions that regulate the square footage of gross leasable floor area based on trip generation within HNC areas.

(3)

Maximum height: 35 feet or 40-feet upon approval by the Board of Adjustments.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 50 percent.

b.

Impervious surface ratio: 70 percent.

(5)

Minimum lot size: 4,000 square feet.

a.

Minimum lot width: 40 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 5 feet.

b.

Side: 5 feet.

c.

Rear: 10 feet.

d.

Street side: 5 feet.

e.

Additional setback criteria may apply to parcels abutting government property.

(Ord. No. 21-06, § 2, 2-18-2021)

The historic public and semipublic services district (HPS) is established to implement comprehensive plan policies for areas designated "HPS" on the future land use map. The HPS district shall accommodate existing public and semipublic services and deed restricted workforce affordable housing.

(Ord. No. 97-10, § 1(2-5.5.7(A)), 7-3-1997; Ord. No. 19-15, § 2, 5-21-2019)

Uses permitted in the historic public and semipublic services district (HPS) are as follows:

(1)

Community centers, clubs, and lodges.

(2)

Educational institutions and day care.

(3)

Hospitals and extensive care.

(4)

Nursing homes, rest homes and convalescent homes.

(5)

Parks and recreation, active and passive.

(6)

Places of worship.

(7)

Business and professional offices.

(8)

Medical services.

(9)

Parking lots and facilities.

(10)

Cemeteries.

(Ord. No. 97-10, § 1(2-5.5.7(B)), 7-3-1997; Ord. No. 04-09, § 3, 5-18-2004)

Conditional uses in the historic public and semipublic services district (HPS) are as follows:

(1)

Cemeteries.

(2)

Cultural and civic activities.

(3)

Protective services.

(4)

Public and private utilities.

(5)

Marinas.

(6)

Deed restricted workforce affordable housing in compliance with Article V. Supplementary District Regulations and Division 10. Work Force Housing of the Land Development Regulations.

(Ord. No. 97-10, § 1(2-5.5.7(C)), 7-3-1997; Ord. No. 19-15, § 2, 5-21-2019)

In the historic public and semipublic services district (HPS), all uses not specifically or provisionally provided for in this division are prohibited.

(Ord. No. 97-10, § 1(2-5.5.7(D)), 7-3-1997)

The dimensional requirements in the historic public and semipublic services district (HPS) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: 16 dwelling units per acre (16 du/acre).

(2)

Maximum floor area ratio: The maximum floor area ratio for the HPS area shall be 1.0, excepting large scale regional facilities, which require a community impact statement. The latter projects may have a higher floor area ratio if approved by city commission. However, prior to approving a floor area ratio in excess of 1.0, the city commission must render a finding that the proposed public facility requires a higher floor area ratio in order to accommodate a regional service necessary to the general health, safety, and welfare of the city and/or county. Furthermore, the finding must indicate that the regional facility as proposed shall comply with all other qualitative and quantitative criteria of the comprehensive plan and land development regulations, including but not limited to the adopted concurrency management policies.

(3)

Maximum height: 25 feet.

(4)

Maximum lot coverage:

a.

Maximum building coverage: 40 percent.

b.

Impervious surface ratio: 50 percent.

(5)

Minimum lot size: 5,000 square feet.

a.

Minimum lot width: 50 feet.

b.

Minimum lot depth: 100 feet.

(6)

Minimum setbacks:

a.

Front: 20 feet.

b.

Side: greater of 5 feet or 10 percent of lot width to a maximum of 15 feet.

c.

Rear: 20 feet or 15 feet when abutting an alley.

d.

Street side: 10 feet.

(Ord. No. 97-10, § 1(2-5.5.7(E)), 7-3-1997; Ord. No. 10-04, § 15, 1-5-2010; Ord. No. 19-15, § 2, 5-21-2019)

The HPS-1 district is established to implement comprehensive plan policies for areas designated HPS-1 on the future land use map located within the Truman Waterfront parcel. This district is specifically intended to implement policies that facilitate the development and use of the Truman Waterfront Park, inclusive of the NOAA/environmental education center. The Truman Waterfront Park shall be dedicated in perpetuity as a regional park.

The HPS-1 district shall accommodate a regional park with uses essential and accessory to parks of regional importance.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(1)(A))), 9-8-1999; Ord. No. 13-25, § 2, 12-3-2013)

Uses permitted in the historic public and semipublic services district-1 (HPS-1) are as follows:

(1)

Cultural and civic activities, inclusive of museums, theatres, stadiums and amphitheaters.

(2)

Parks and recreation, passive and active, inclusive of uses typically associated with or accessory to a regional waterfront park that serve social, educational and cultural needs not otherwise listed.

(3)

Community centers.

(4)

Parking lots.

(5)

Protective services.

(6)

Government business and professional offices.

(7)

Commercial retail and concessionaire sales accessory to primary uses.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(1)(B))), 9-8-1999; Ord. No. 13-25, § 2, 12-3-2013)

Conditional uses in the historic public and semipublic services district-1 (HPS-1) district are as follows:

(1)

Waterfront restaurants and food service facilities associated with park activities.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(1)(C))), 9-8-1999; Ord. No. 10-05, § 1, 1-5-2010; Ord. No. 13-25, § 2, 12-3-2013)

In the historic public and semipublic services district-1 (HPS-1), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(1)(D))), 9-8-1999; Ord. No. 13-25, § 2, 12-3-2013)

The dimensional requirements in the historic public and semipublic services district-1 (HPS-1) are as follows; however, construction is limited by scale, mass and proportion considerations as expressed through the historic architectural review commission design guidelines; in addition to dimensional requirements imposed by the adjacent military property as stated in the Truman Waterfront parcel land conveyance documents:

(1)

Maximum density: Not applicable.

(2)

Maximum FAR: 0.80.

(3)

Maximum height: 25 feet.

(4)

Maximum lot coverage.

a.

Maximum building coverage: 30 percent.

b.

Impervious surface ratio: 50 percent.

(5)

Minimum lot size: Not applicable.

(6)

Minimum setbacks.

a.

Front: 7.5 feet.

b.

Side: 7.5 feet.

c.

Rear: 7.5 feet.

d.

Street side: 7.5 feet.

(7)

Additional regulations:

a.

Required street landscape buffers may be reduced to the setbacks enumerated in subsection (6) above when the principal use is passive and active recreation defined in chapter 86, section 86-9, definition of terms.

b.

Military requirements for landscaping adjacent to military lands should be installed in accordance with the Truman Waterfront parcel land conveyance documents.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(1)(E))), 9-8-1999; Ord. No. 10-04, § 16, 1-5-2010; Ord. No. 10-05, § 2, 1-5-2010; Ord. No. 13-25, § 2, 12-3-2013)

Cross reference— Historic Preservation, Ch. 102.

The historic public and semipublic services district - 2 (HPS-2) is established to implement comprehensive plan policies for areas designated HPS-2 on the future land use map. The district is specifically intended to implement policies for the Peary Court Cemetery and be consistent with the historic preservation plan for that site. HPS-2 district shall accommodate an existing cemetery and historic open space accommodating passive park and recreation activities.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(2)(A))), 9-8-1999)

Uses permitted in the historic public and semipublic services district - 2 (HPS-2) are as follows:

(1)

Cemeteries.

(2)

Open space.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(2)(B))), 9-8-1999)

Conditional uses in the historic public and semipublic services district - 2 (HPS-2) are as follows:

None.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(2)(C))), 9-8-1999)

In the historic public and semipublic services district - 2 (HPS-2), all uses not specifically or provisionally provided for in this subdivision are prohibited.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(2)(D))), 9-8-1999)

The dimensional regulations in the historic public and semipublic services district - 2 (HPS-2) are as follows; however, construction may be limited by proportion, scale and mass considerations as expressed through the historic architectural review commission design guidelines:

(1)

Maximum density: Not applicable.

(2)

Maximum FAR: Not applicable.

(3)

Maximum height: 25 feet.

(4)

Maximum lot coverage.

a.

Maximum building coverage: Not applicable.

b.

Impervious surface ratio: Not applicable.

(5)

Minimum lot size: Not applicable.

a.

Minimum lot width: Not applicable.

b.

Minimum lot depth: Not applicable.

(6)

Minimum setbacks:

a.

Front: Not applicable.

b.

Side: Not applicable.

c.

Rear: Not applicable.

d.

Street side: Not applicable.

(Ord. No. 99-18, § 1 (Exh. A(2-5.5.7(2)(E))), 9-8-1999; Ord. No. 10-04, § 17, 1-5-2010)