For the purpose of protecting, promoting and improving the public health, safety, morals and general welfare of the community, the city is hereby divided into the following types of districts:

(Code 1983, § 20-301; Ord. No. 2014-08, § 3, 11-12-14; Ord. No. 2025-09, § 1, 4-2-25)

The boundaries of the districts are as shown on the map entitled "City of Madeira Beach Zoning Map" and all explanatory matter thereon is hereby adopted and made a part of this chapter. The official map, properly amended and attested, is and shall remain on file in the office of the city clerk.

(Code 1983, § 20-302)

The district boundary lines are intended generally to follow the centerlines of streets, existing lot lines, or municipal boundary lines, all as shown on the zoning map. Where a district boundary line does not follow such a line, its position is shown on such zoning map by a specific dimension expressing its distance in feet from a street centerline or other boundary line as indicated.

(Code 1983, § 20-303)

In case of uncertainty as to the true location of a district boundary line in a particular instance, the building and zoning official shall request the special magistrate to render his determination with respect thereto; provided, however, no boundary shall be changed by the special magistrate.

(Code 1983, § 20-304; Ord. No. 2017-03, § 1, 3-7-17)

The regulations of this article shall apply throughout the jurisdiction of the city.

(Code 1983, § 20-401)

No building, structure, land or water shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, reconstructed, moved, located or structurally altered except in conformity with the regulations set out generally in this article and for the district in which it is located. In clarification of the foregoing, it is the specific intent of the board of commissioners that all floating structures and buildings, as well as buildings and structures built over or in water, shall meet other requirements of the land development regulations and all other codes and regulations of the city.

(Code 1983, § 20-402)

No building or structure or part thereof shall be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as to:

(1)

Exceed the permitted height, bulk or coverage area;

(2)

Accommodate or house a greater number of families or other occupants or to provide a greater number of dwelling units;

(3)

Provide a greater percentage or proportion of lot area;

(4)

Provide less lot area per dwelling unit or to occupy a smaller lot;

(5)

Provide a narrower or smaller yard or other open spaces or spaces or separation between buildings or portions thereof;

(6)

Provide less off-street parking or less off-street loading space;

(7)

Permit the use of building or structure for a use not permitted in the district in which it is located;

(8)

Be in violation of chapter 94 regarding floodplain management regulations or in any manner contrary to any provisions of this Code.

(Code 1983, § 20-403)

The restrictions and controls intended to regulate development in each district are set forth in the divisions of this article which are supplemented by the other sections of the land development regulations.

(Code 1983, § 20-404)

The R-1, single-family residential district provides for single-family residential development located where lower density single-family uses are desirable. The R-1, single-family residential district correlates with the residential urban (RU) category of the countywide plan. The lots and dwellings are larger sized to provide for the desired density of use. Essential services and public facilities compatible with this residential district are also provided.

Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, short term rentals of a housing unit. As used in this division, the term "short term rental" shall mean any rental of a dwelling unit, or portion thereof, for less than a six-month period.

(Code 1983, § 20-404; Ord. No. 1069, § 1, 2-28-06; Ord. No. 1138, § 2, 12-9-08)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the R-1, single-family residential district are single-family residential dwellings and public education facilities of the school board.

(Code 1983, § 20-404; Ord. No. 1138, § 2, 12-9-08)

The accessory uses in the R-1, single-family residential district are as follows:

(1)

Home occupations.

(2)

Private garages and carports.

(3)

Private swimming pools.

(4)

Residential signs.

(5)

Residential docks.

(6)

Essential services.

(7)

Other accessory uses customarily incident to permitted or approved special exception uses.

(Code 1983, § 20-404)

Upon application for a special exception to the special magistrate and favorable action thereon, the following uses may be permitted in the R-1, single-family residential district:

(1)

Publicly owned or operated parks or recreation areas.

(2)

Public service facilities.

(3)

Cabanas used as bathhouses.

(4)

Amateur/marine radio antenna's not exceeding 50 feet.

(Code 1983, § 20-404; Ord. No. 2017-03, § 2, 3-7-17)

The minimum building site area requirements in the R-1, single-family residential district are as follows:

(1)

Lot size:

a.

Single-family:

Lots existing on or before December 9, 2008: 5,000 square feet.

Lots created after December 9, 2008: 5,800 square feet.

b.

Public service facilities: Shall not exceed a maximum area of three acres. Like uses or contiguous like uses in excess of this threshold shall require the parcel to be amended to the P-SP zoning district and the appropriate land use category.

(2)

Minimum width: 50 feet.

(3)

Minimum depth: 80 feet.

(4)

Density: The maximum density is seven and one-half dwelling units per acre.

(Code 1983, § 20-404; Ord. No. 1138, § 2, 12-9-08)

The following minimum setbacks shall apply in the R-1 district:

(1)

Front yard: 20 feet measured from the right-of-way line to the structure

(2)

Rear yard:

Waterfront lots: 30 feet.

Non-waterfront lots: 25 feet.

(3)

Side yard: Total side setback of 15 feet with a minimum of seven feet on either side.

(4)

For only those dwelling units with the lowest habitable space elevated at or above the elevation designated on the flood insurance rate map (FIRM); exterior stairs, platforms for mechanical equipment, and chimneys shall be allowed to extend into the side-yard setback, but only to a depth of no more than one-half of the required setback. Such equipment shall be placed in the middle one-third of the structure. All mechanical equipment must be appropriately shielded from public view with materials including, but not limited to louvers, lattice and the like.

(Code 1983, § 20-404; Ord. No. 1023, § 1, 11-30-04)

No structure in the R-1, district shall exceed 30 feet in height measured from the designated base flood elevation on the flood insurance rate map (FIRM) plus required freeboard, to the eave line of the building, unless otherwise provided in the land development regulations.

In any case, the overall height of the building measured from the base flood elevation to the highest point shall not exceed 40 feet and the maximum roof pitch shall not exceed 6:12 pitch or 45 degrees.

(Code 1983, § 20-404; Ord. No. 1023, § 2, 11-30-04; Ord. No. 2021-23, § 1, 11-10-21)

The maximum lot coverage in the R-1, single-family residential district is as follows:

(1)

Residential use: Floor area ratio (FAR) 0.80. The maximum area of a lot or parcel to be covered by structures shall be 40 percent of the total area.

(2)

Public owned parks and recreation facilities: Floor area ratio (FAR) 0.25.

(3)

Public service facilities: Floor area ratio (FAR) 0.40.

(Code 1983, § 20-404; Ord. No. 1138, § 2, 12-9-08)

The impervious surface ratio (ISR) in the R-1, single-family residential district for all uses is 0.65.

(Code 1983, § 20-404; Ord. No. 1138, § 2, 12-9-08)

The R-2, low density multifamily residential district provides for low density multifamily residential correlates with the residential medium (RM) category of the countywide plan and, which does allow for a variety of dwelling types.

Any use which is not specifically identified as a permitted use, accessory use or special exception use is a prohibited use. Prohibited uses shall include, but are not limited to, short term rentals of a housing unit. As used in this division, the term "short term rental" shall mean any rental of a dwelling unit, or portion thereof, for less than a three-month period.

(Code 1983, § 20-404; Ord. No. 1069, § 2, 2-28-06; Ord. No. 1138, § 3, 12-9-08; Ord. No. 2018-07, § 1, 7-11-18)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the R-2, low density multifamily residential district are as follows:

(1)

Single-family.

(2)

Duplex.

(3)

Triplex.

(4)

Townhouse type construction.

(5)

Public education facilities of the school board.

(Code 1983, § 20-404; Ord. No. 1138, § 3, 12-9-08; Ord. No. 2018-07, § 1, 7-11-18)

The accessory uses in the R-2, low density multifamily residential district are as follows:

(1)

Home occupations.

(2)

Private garages and carports.

(3)

Private swimming pools.

(4)

Residential signs.

(5)

Residential docks.

(6)

Essential services.

(7)

Other accessory uses customarily incident to permitted or approved special exception uses.

(Code 1983, § 20-404; Ord. No. 2018-07, § 1, 7-11-18)

Upon application for a special exception to the board of adjustment and favorable action thereon, the following uses may be permitted in the R-2, low density multifamily residential district:

(1)

Churches, synagogues or other houses of worship.

(2)

Publicly owned or operated parks or recreation areas.

(3)

Private schools.

(4)

Public service facilities.

(5)

Cabanas used as bathhouses.

(Code 1983, § 20-404; Ord. No. 2017-03, § 3, 3-7-17; Ord. No. 2018-07, § 1, 7-11-18)

The minimum building site area requirements in the R-2, low density multifamily residential district are as follows:

(1)

Lot size:

a.

Single-family: 4,000 square feet.

b.

Duplex and triplex: Minimum land area of 3,000 square feet per dwelling unit.

c.

Townhouses: Minimum land area of 12,000 square feet (3,000 square feet per dwelling unit). (See article VI, division 10, subdivisions II and III of this chapter.)

d.

Public service facilities: Shall not exceed a maximum area of three acres. Like uses or contiguous like uses in excess of this threshold shall require the parcel to be amended to the P-SP zoning district and the appropriate land use category.

(2)

Lot width:

a.

Single-family: 40 feet.

b.

Duplex: 60 feet.

c.

Triplex: 80 feet.

d.

Townhouses: 100 feet.

(3)

Lot depth: 80 feet.

(4)

The maximum density is 15 dwelling units per acre.

(Code 1983, § 20-404; Ord. No. 1138, § 3, 12-9-08; Ord. No. 2018-07, § 1, 7-11-18)

The following minimum setbacks shall apply in the R-2, low density multifamily residential district:

(1)

Front yard: 20 feet.

(2)

Rear yard: 25 feet.

(3)

Side yard:

a.

Single-family lots less than 50 feet wide may reduce the total side setback to ten feet with a minimum of five feet on either side.

b.

Single-family and duplex lots, the total side setback shall be 15 feet with a minimum of seven feet on either side for lots equal to 50 feet and less than 80 feet wide.

c.

Single-family and duplex lots, the total side setback shall be 18 foot with a minimum of eight feet on either side for lots equal to 80 feet and less than 120 feet wide.

d.

Single-family and duplex lots 120 feet in width or greater, the total side setback shall be 25 foot with a minimum of 12 feet on either side.

e.

Triplex lots, the total side setback shall be 20 feet with a minimum of nine feet on either side.

f.

Townhouses: A minimum of 15 feet between each row of townhouses and minimum of nine feet on each side property line.

(4)

For only those dwelling units with the lowest habitable space elevated at or above the elevation designated on the flood insurance rate map (FIRM); exterior stairs, platforms for mechanical equipment, and chimneys shall be allowed to extend into the side-yard setback, but only to a depth of no more than one-half of the required setback. Such equipment shall be located in the middle one-third of the structure. All mechanical equipment must be appropriately shielded from public view with materials including, but not limited to, louvers, lattice and the like.

(Code 1983, § 20-404; Ord. No. 1023, § 3, 11-30-04; Ord. No. 2018-07, § 1, 7-11-18; Ord. No. 2020-01, § 1, 3-24-20)

No structure in the R-2, district shall exceed 30 feet in height measured from the designated base flood elevation on the flood insurance rate map (FIRM) plus required freeboard, to the eave line of the building; except as provided in the land development regulations.

In any case, the overall height of the building measured from the base flood elevation to the highest point shall not exceed 40 feet and the maximum roof pitch shall not exceed 6:12 pitch or 45 degrees.

(Code 1983, § 20-404; Ord. No. 1023, § 4, 11-30-04; Ord. No. 2018-07, § 1, 7-11-18; Ord. No. 2021-23, § 1, 11-10-21)

The maximum lot coverage in the R-2, low density multifamily residential district is as follows:

(1)

Residential use: Floor area ratio (FAR) 0.80. The maximum area of a lot or parcel to be covered by structures shall be 40 percent of the total area except for townhouse dwelling units which shall be 50 percent of the total lot area.

(2)

Public owned parks and recreation facilities: Floor area ratio (FAR) 0.25.

(3)

Public service facilities:

a.

Institutional: Floor area ratio (FAR) 0.50.

b.

Transportation/utility: Floor area ratio (FAR) 0.50.

(Code 1983, § 20-404; Ord. No. 1138, § 3, 12-9-08; Ord. No. 2018-07, § 1, 7-11-18)

The impervious surface ratio (ISR) in the R-2, low density multifamily residential district for all uses is 0.70.

(Code 1983, § 20-404; Ord. No. 2018-07, § 1, 7-11-18)

Institutional, other than public educational facilities shall not exceed a maximum area of five acres. Transportation and/or utility uses shall not exceed a maximum area of three acres.

(Ord. No. 1138, § 3, 12-9-08; Ord. No. 2018-07, § 1, 7-11-18)

The R-3, medium density multifamily residential district provides for medium density development for residential, vacation rental, and temporary lodging facilities at locations where public facilities are adequate to support such intensity. The R-3, medium density multifamily residential district correlates with the resort facilities medium (RFM) and planned redevelopment mixed use (PR-MU) future land use category of the City of Madeira Beach Comprehensive Plan, and resort (R) and activity center (AC) plan category in the countywide plan.

(Code 1983, § 20-404; Ord. No. 1138, § 4, 12-9-08; Ord. No. 2022-14, § 1, 5-11-22; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the R-3, medium density multifamily residential district are as follows:

(1)

Single-family.

(2)

Duplex.

(3)

Triplex.

(4)

Multifamily.

(5)

Townhouses (see chapter 110, Zoning, article VI, Supplementary District Regulations, division 10, Specific Development Standards, Subdivision III, Townhouses, for additional standards).

(6)

Vacation rental.

(7)

Temporary lodging.

(8)

Restaurants, excluding drive-in restaurants (provided that the provisions of subsection 110-236(f) are met).

(9)

Publicly owned or operated parks and recreation areas.

(10)

Institutional.

(Code 1983, § 20-404; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

The accessory uses in the R-3, medium density multifamily residential district are as follows:

(1)

Home occupation.

(2)

Private garages and carports.

(3)

Swimming pools or cabanas used as bath houses.

(4)

Residential docks.

(5)

Essential services.

(6)

Wireless communication antennas as regulated by article VI, division 12, subdivisions I, II and IV of this chapter.

(7)

Retail commercial and personal service/office support uses.

(Code 1983, § 20-404; Ord. No. 2023-26, § 1, 12-13-23)

Upon application for a special exception to the special magistrate and favorable action thereon, the following uses may be permitted in the R-3, medium density multifamily residential district:

(1)

Retail commercial and personal service/office support uses as a stand-alone use (provided that the provisions of subsection 110-236(f) are met).

(2)

Public service facilities.

(3)

Commercial recreation.

(4)

Open rooftop, balcony and elevated terrace use, if commercial use or accessible to more than one temporary lodging, vacation rental, or residential unit.

(Code 1983, § 20-404; Ord. No. 2017-03, § 4, 3-7-17; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

The minimum building site area requirements in the R-3, medium density multifamily residential district are as follows:

(1)

Lot size:

a.

Single-family: 4,000 square feet.

b.

Duplex, triplex: 3,000 square feet per dwelling unit.

c.

Multifamily: 2,420 square feet per dwelling unit.

d.

Restaurants and retail commercial: 5,000 square feet.

e.

Public service facilities: Shall not exceed a maximum area of three acres. Like uses or contiguous like uses in excess of this threshold shall require the parcel to be amended to the P-SP zoning district and the appropriate land use category.

(2)

Lot width:

a.

Single-family, duplex, triplex: 40 feet.

b.

Multifamily and temporary lodging: 60 feet.

c.

Restaurants: 60 feet.

(3)

Lot depth: All permitted uses 80 feet.

(4)

Properties in the resort facilities medium (RFM) future land use category of the comprehensive plan shall have a maximum density of 18 residential dwelling units, 18 vacation rental units, or 50 temporary lodging units per acre. Alternative temporary lodging use standards are allowed as detailed in subsection 110-236(e).

(5)

Properties in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan shall have the following maximum densities:

a.

Beachfront District: 15 residential dwelling units, 15 vacation rental units, or 30 temporary lodging units per acre.

b.

Causeway District: 15 residential dwelling units, 15 vacation rental units, or 60 temporary lodging units per acre.

c.

Peninsula District: 15 residential dwelling units, 15 vacation rental units, or 15 temporary lodging units per acre.

(Code 1983, § 20-404; Ord. No. 1043, § 1, 6-14-05; Ord. No. 1138, § 4, 12-9-08; Ord. No. 2022-14, § 2, 5-11-22; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

The following minimum setbacks shall apply in the R-3, medium density multifamily residential district. Vacation rentals are built to residential standards:

(1)

Front yard:

a.

Single-family, duplex and triplex: 20 feet, measured from right-of-way to structure.

b.

Multifamily, temporary lodging, and retail commercial: 25 feet.

(2)

Rear yard: 25 feet, unless otherwise provided in the land development regulations, and then the more restrictive requirement shall apply.

(3)

Waterfront yard: For lots with a waterfront yard on the Gulf of Mexico, the setback shall be landward of to the county coastal construction control line.

(4)

Side yard setbacks:

a.

Single-family, duplex and triplex dwellings:

1.

For lots less than 50 feet in width, the minimum side yard setback shall be five feet.

2.

For lots 50 feet or greater in width, the minimum total side yard setback shall be 15 feet with a minimum of seven feet on either side.

b.

Multifamily, temporary lodging, and retail commercial: The minimum side yard setback shall be ten feet provided that the provisions of section 110-236 are met.

(Code 1983, § 20-404; Ord. No. 2022-14, § 3, 5-11-22; Ord. No. 2023-26, § 1, 12-13-23)

(1)

Properties in the resort facilities medium (RFM) future land use category of the comprehensive plan shall have a maximum building height of 44 feet measured from the design flood elevation (DFE).

(2)

Properties in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan shall have the following maximum building heights:

a.

Beachfront District: three stories above base flood elevation (BFE).

b.

Causeway District: three stories above base flood elevation (BFE).

c.

Peninsula District: three stories above base flood elevation (BFE).

(Code 1983, § 20-404; Ord. No. 2021-23, § 1, 11-10-21; Ord. No. 2022-14, § 4, 5-11-22; Ord. No. 2024-15, § 1, 9-11-24)

The maximum lot coverage in the R-3, medium density multifamily residential district is as follows:

(1)

Properties in the resort facility medium (RFM) future land use category of the comprehensive plan shall have the following maximum floor area ratios (FAR):

a.

Other commercial uses: the floor area ratio (FAR) is 0.55.

b.

Public service facilities: the floor area ratio (FAR) is 0.65.

c.

Public owned parks and recreation facilities: the floor area ratio (FAR) is 0.25.

(2)

Properties in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan shall have the following maximum floor area ratios (FAR) for commercial uses only:

a.

Causeway District: the floor area ratio (FAR) is 0.55.

b.

Beachfront District: the floor area ratio (FAR) is 0.55.

c.

Peninsula District: the floor area ratio (FAR) is 0.30.

(Code 1983, § 20-404; Ord. No. 1138, § 4, 12-9-08; Ord. No. 2022-14, § 5, 5-11-22; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

(a)

Properties in the resort facilities medium (RFM) future land use category of the comprehensive plan shall have a maximum impervious surface ratio (ISR) of 0.85.

(b)

Properties in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan shall have a maximum impervious surface ratio (ISR) of 0.70.

(Code 1983, § 20-404; Ord. No. 2022-14, § 6, 5-11-22; Ord. No. 2024-15, § 1, 9-11-24)

Buffering requirements in the R-3, medium density multifamily residential district are as follows:

(1)

Parking lots/garages for temporary lodging and commercial uses shall be designed to minimize their impacts to any adjacent residential uses as established in the land development regulations.

(2)

During the development process, existing curb cuts shall be reoriented, if necessary, to minimize the negative impact on adjacent properties.

(3)

All development within this category will meet or exceed the buffering/landscape requirements as outlined in chapter 106, article II.

(Code 1983, § 20-404; Ord. No. 2023-26, § 1, 12-13-23)

(a)

No structure in the R-3, medium density multifamily residential district shall be constructed that is greater than 250 feet in width. If two structures are proposed on the same lot or parcel, the buildings shall be separated by a minimum of ten feet.

(b)

Mixed uses in a single development shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area of the property.

(c)

Institutional, other than public educational facilities shall not exceed a maximum area of five acres. Transportation and/or utility uses shall not exceed a maximum area of three acres.

(d)

When a proposed multifamily, temporary lodging or commercial use in the R-3, medium density multifamily residential district abuts a single-family, duplex, or triplex, an additional five-foot setback is required along the length of the entire shared lot line. This additional setback will be utilized to provide additional landscaped screening.

(e)

Properties in the resort facilities medium (RFM) future land use category of the comprehensive plan, alternative temporary lodging use standards allows 60 temporary lodging units per acre and a FAR of 2.0. A development agreement is required by the city's land development regulations and Forward Pinellas' Countywide Rules to use the alternative temporary lodging use standard. The development agreement must follow all required standards in Forward Pinellas Countywide Rules to use the alternative temporary lodging use standards.

(f)

Stand-alone restaurant or retail commercial use must have frontage on Gulf Boulevard or 150 ^th Avenue.

(Code 1983, § 20-404; Ord. No. 1138, § 4, 12-9-08; Ord. No. 2022-14, § 7, 5-11-22; Ord. No. 2023-26, § 1, 12-13-23; Ord. No. 2024-15, § 1, 9-11-24)

The purpose and intent of the John's Pass Village Activity Center District is to encourage mixed-use, pedestrian-oriented development, promote context-sensitive forms, patterns, and intensities of development to preserve and enhance the unique features of the John's Pass Village area. John's Pass Village development standards are to encourage compatible design and enhance the built environment consistent with the vision, guiding principles, goals, objectives and policies set in the John's Pass Village Special Area Plan. The old Floridian fishing village aesthetic within the tourist centric area (Boardwalk, Traditional Village, and Commercial Core Character Districts) of the district should be maintained and at the forefront of all design. The C-1, John's Pass Village Activity Center Zoning District correlates with the Activity Center (AC) future land use category of the City of Madeira Beach Comprehensive Plan and Activity Center (AC) plan category in the countywide plan.

(Ord. No. 2024-10, § 1, 9-11-24)

Cross reference— Definitions generally, § 1-2.

Permitted uses and development standards are established and set forth in Appendix D, John's Pass Village Zoning District Standards, of the Madeira Beach Code of Ordinances. All development pursuant to this Division 5 shall be governed by the zoning and development standards contained therein.

(Ord. No. 2024-10, § 1, 9-11-24)

The C-3, retail commercial district provides service to both permanent and transient residents where a full range of urban services and a high degree of accessibility is required. The C-3, retail commercial district correlates with the commercial general (CG), residential/office/retail (R/O/R), and planned redevelopment-mixed use (PR-MU) future land use categories of the City of Madeira Beach Comprehensive Plan and the retail and services (R&S) and activity center (AC) plan categories in the countywide plan.

(Code 1983, § 20-404; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2022-10, § 1, 5-11-22; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the C-3, retail commercial district are as follows:

(1)

Retail commercial, and personal service/office support.

(2)

Office and business service.

(3)

Multifamily residential and vacation rental.

(4)

Temporary lodging.

(5)

Restaurants.

(6)

Adult entertainment establishments (article VI, division 13 of this chapter).

(7)

Townhouses (see chapter 110, Zoning, article VI, Supplementary District Regulations, division 10, Specific Development Standards, subdivision III, Townhouses, for additional standards).

(Code 1983, § 20-404; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

The accessory uses in the C-3, retail commercial district are as follows:

(1)

Off-street parking and loading/unloading.

(2)

Nonresidential signs.

(3)

Essential services.

(4)

Other accessory uses customarily permitted.

(5)

Boat slips associated with a permitted business use, not for rental or commercial marine activities.

(Code 1983, § 20-404)

Upon application for a special exception to the special magistrate and favorable action thereon, the following uses may be permitted in the C-3, retail commercial district:

(1)

Service stations.

(2)

Commercial recreation provided that such facilities shall not be permissible when the underlying future land use category is R/O/R.

(3)

Institutional as religious use such as churches, synagogues or other houses of worship.

(4)

Public service facilities.

(5)

Drive-in or drive-through retail commercial, and personal service

(6)

Private fraternal, social and recreational clubs.

(7)

Outdoor storage areas, provided that the outdoor storage use is an accessory, is limited to areas in the CG land use category, and does not exceed 20 percent of the area of the building which is the principal use on the site.

(8)

Single-family or duplex.

(9)

Private schools.

(10)

Exhibition of reptiles by permit.

(11)

Open rooftop, balcony and elevated terrace use, if commercial use or accessible to more than one temporary lodging, vacation rental, or residential unit.

(Code 1983, § 20-404; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2015-03, § 1, 2-24-15; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

The minimum building site area requirements in the C-3, retail commercial district are as follows:

(1)

Lot size:

a.

For all uses except multifamily, vacation rental and temporary lodging units: 4,000 square feet.

b.

Duplex and triplex units: 3,000 square feet per dwelling unit.

c.

Multifamily and vacation rental units and above: 2,420 square feet per dwelling unit.

d.

Public service facilities: Shall not exceed a maximum area of five acres. Like uses or contiguous like uses in excess of this threshold shall require the parcel to be amended to the P-SP zoning district and the appropriate land use category.

(2)

Lot width:

a.

All permitted uses except multifamily, vacation rental and temporary lodging units: 40 feet.

b.

Multifamily, vacation rental and temporary lodging units: 60 feet.

(3)

Lot depth: All permitted uses: 80 feet.

(4)

For properties located in the commercial general (CG) future land use category in the comprehensive plan, the density is a maximum of 15 residential dwelling units 15 vacation rental units, or 40 temporary lodging units per acre. Alternative temporary lodging use standards are allowed as detailed in subsection 110-326(f).

(5)

For properties located in the residential/office/retail (R/O/R) future land use category in the comprehensive plan, the maximum density is 18 residential dwelling units, 18 vacation rental units, or 40 temporary lodging units per acre. Alternative temporary lodging use standards are allowed as detailed in subsection 110-326(g).

(6)

For properties located in the commercial core district of the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan, the maximum density is 15 residential dwelling units, 15 vacation rental units, and 60 temporary lodging units per acre.

(7)

For properties located in the transition district of the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan, the maximum density is 15 residential dwelling units, 15 vacation rental units, and 60 temporary lodging units per acre.

(Code 1983, § 20-404; Ord. No. 1043, § 2, 6-14-05; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2022-10, § 2, 5-11-22; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

The following minimum setbacks shall apply in the C-3, retail commercial district:

(1)

Front yard: 25 feet, measured from right-of-way to structure.

(2)

Rear yard: ten feet, except waterfront lots which will have a rear setback of 18 feet.

(3)

Side yard:

a.

All permitted uses except multifamily/tourist dwelling units will have a side setback of ten feet.

b.

Multifamily/tourist dwelling units:

1.

For proposed uses located on properties between 60 and 80 feet in width, the minimum side yard setback shall be ten feet.

2.

For lots greater than 80 feet in width, the minimum side yard setback is as follows:

3.

A total of 33 percent of the lot width shall be reserved for side yard setbacks. In no event shall one side be less than the following:

i.

Lots less than 120 feet: ten feet.

ii.

Lots less than 240 feet: 15 feet.

iii.

Lots 240 feet or greater: 20 feet.

(Code 1983, § 20-404)

(1)

Properties in the commercial general (CG) or residential/office/retail (R/O/R) future land use category of the comprehensive plan other than multifamily or temporary lodging uses shall have a maximum building height of 34 feet from design flood elevation (DFE).

(2)

Properties in the commercial general (CG) or residential/office/retail (R/O/R) future land use category of the comprehensive plan with a multifamily or temporary lodging use shall have a maximum building height of 44 feet from design flood elevation (DFE).

(3)

Properties located in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan shall have a maximum building height of:

a.

Commercial Core: three stories from base flood elevation (BFE).

b.

Transition District: two stories from base flood elevation (BFE).

(Code 1983, § 20-404; Ord. No. 2021-23, § 1, 11-10-21; Ord. No. 2022-10, § 3, 5-11-22; Ord. No. 2024-13, § 1, 9-11-24)

The maximum lot coverage in the C-3, retail commercial district is based on the use and future land use categories in the comprehensive plan as follows:

(1)

Commercial general (CG) commercial use: the floor area ratio (FAR) is 0.55.

(2)

Residential/office/retail (R/O/R) commercial use: the floor area ratio (FAR) is 0.55.

(3)

Planned redevelopment-mixed use (PR-MU) commercial core district: the floor area ratio (FAR) is 1.2.

(4)

Planned redevelopment-mixed use (PR-MU) transition district: the floor area ratio (FAR) is 1.2.

(Code 1983, § 20-404; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2022-10, § 4, 5-11-22; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

(a)

For properties located in the commercial general (CG) or residential/office/retail (R/O/R) future land use categories of the comprehensive plan the impervious surface ratios (ISR) are:

(1)

The impervious surface ratio (ISR) for all uses, other than temporary lodging units, is 0.70.

(2)

The impervious surface ratio (ISR) for temporary lodging units is 0.85.

(b)

For properties located in the planned redevelopment-mixed use (PR-MU) future land use category the impervious surface ratios (ISR) are:

(1)

Commercial core district: the impervious surface ratio (ISR) is 0.85.

(2)

Transition district: the impervious surface ratio (ISR) is 0.70.

(Code 1983, § 20-404; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2024-13, § 1, 9-11-24)

(a)

Parking lots/garages for temporary lodging and nonresidential uses in the C-3, retail commercial district shall be designed to minimize their impacts to any adjacent residential uses as established in the land development regulations.

(b)

During the development process, existing curb cuts in the C-3, retail commercial district shall be reoriented, if necessary, to minimize the negative impact on adjacent properties.

(c)

All development within the C-3, retail commercial district in this category will meet or exceed the buffering/landscape requirements as outlined in chapter 106, article II.

(Code 1983, § 20-404; Ord. No. 2023-29, § 1, 12-13-23)

(a)

In the C-3, retail commercial district residential dwelling units, vacation rental units, and temporary lodging units are permitted above first-floor commercial or office units.

(b)

No structure in the C-3, retail commercial district may be wider than 150 feet parallel to the front yard right-of-way. If two structures are proposed on the same lot or parcel, the buildings shall be separated by a minimum of ten feet.

(c)

When a proposed nonresidential use in the C-3, retail commercial district abuts a residential use an additional five-foot setback is required along the length of the entire shared lot line. This additional setback will be utilized to provide additional landscaped screening.

(d)

Mixed uses in a single development shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property.

(e)

Institutional, other than public educational facilities shall not exceed a maximum area of five acres. Transportation and/or utility uses shall not exceed a maximum area of three acres.

(f)

In the commercial general (CG) future land use category of the comprehensive plan, alternative temporary lodging use standards allows 60 temporary lodging units per acre and a FAR of 1.2. A development agreement is required by the city's land development regulations and Forward Pinellas' Countywide Rules to use the alternative temporary lodging use standard. The development agreement must follow all required standards in Forward Pinellas Countywide Rules to use the alternative temporary lodging use standards.

(g)

In the residential/office/retail (R/O/R) future land use category of the comprehensive plan, alternative temporary lodging use standards allows 60 temporary lodging units per acre and a FAR of 1.2. A development agreement is required by the city's land development regulations and Forward Pinellas' Countywide Rules to use the alternative temporary lodging use standard. The development agreement must follow all required standards in Forward Pinellas Countywide Rules to use the alternative temporary lodging use standards.

(Code 1983, § 20-404; Ord. No. 1138, § 7, 12-9-08; Ord. No. 2022-10, § 5, 5-11-22; Ord. No. 2023-29, § 1, 12-13-23; Ord. No. 2024-13, § 1, 9-11-24)

The purpose of the C-4, marine commercial district is to provide for those commercial uses which are directly related to commercial and marine uses and associated services. The C-4, marine commercial district correlates with the commercial general (CG) future land use category, the residential office retail (R/O/R) future land use category, and the planned redevelopment-mixed-use (PR-MU) future land use category of the City of Madeira Beach Comprehensive Plan and retail and services (R&S) and activity center plan categories in the countywide plan.

(Code 1983, § 20-404; Ord. No. 1138, § 8, 12-9-08; Ord. No. 2022-11, § 1, 5-11-22; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the C-4, marine commercial district are as follows:

(1)

Marina and commercial docks.

(2)

Boat repair and sales.

(3)

Retail commercial.

(4)

Temporary lodging units.

(5)

Commercial/business service use, offices and personal service.

(6)

Commercial fishing activities and working waterfront.

(7)

Charter and party boat operations.

(8)

Adult entertainment establishments (article VI, division 13 of this chapter).

(9)

Residential dwelling units and vacation rental dwelling units located above first floor commercial or office units within this district.

(10)

Townhouses (see chapter 110, Zoning, article VI, Supplementary District Regulations, division 10, Specific Development Standards, subdivision III, Townhouses, for additional standards).

(Code 1983, § 20-404; Ord. No. 1138, § 8, 12-9-08; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

The accessory uses in the C-4, marine commercial district are as follows:

(1)

Off-street parking.

(2)

Marine and boat storage.

(3)

Essential services.

(4)

Other accessory uses, customarily incidental to the permitted use.

(5)

Wireless communication antennas as regulated by article VI, division 12, subdivisions I, II and IV of this chapter.

(6)

Wireless communication towers shall be allowed, through special permit granted by the board of commissioners, as an alternative to prohibiting towers and only in the event substantial proof is submitted by an applicant which demonstrates that no existing tower, structure, or building can accommodate the applicant's proposed antenna. Wireless communication towers must further comply with the provisions of article VI, division 12, subdivisions I, II and IV of this chapter.

(Code 1983, § 20-404)

Upon application for a special exception to the special magistrate and favorable action thereon, the following uses may be permitted in the C-4, marine commercial district:

(1)

Service stations.

(2)

Commercial recreation.

(3)

Public administration and service facilities.

(4)

Drive-in or drive-through retail commercial, personal service, and business service.

(5)

Institutional as religious use such as churches, synagogues and other houses of worship.

(6)

Outdoor storage areas provided that the outdoor storage use is an accessory, is limited to areas in the CG land use category, and does not exceed 20 percent of the area of the building which is the principal use on the site.

(7)

Open rooftop, balcony and elevated terrace use, if commercial use or accessible to more than one temporary lodging, vacation rental. or residential unit.

(Code 1983, § 20-404; Ord. No. 1138, § 8, 12-9-08; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

The minimum building site area requirements in the C-4, marine commercial district are as follows:

(1)

Lot size:

a.

All permitted uses except temporary lodging units: 4,000 square feet.

b.

Residential dwellings and vacation rental units above first floor commercial: 3,000 square feet per unit.

c.

Public service facilities: Shall not exceed a maximum area of five acres. Like uses or contiguous like uses in excess of this threshold shall require the parcel to be amended to the P-SP zoning district and the appropriate land use category.

(2)

Lot width:

a.

All permitted uses except temporary lodging: 40 feet.

b.

Temporary lodging: 60 feet.

(3)

Lot depth: All permitted uses 80 feet.

(4)

For properties located in the commercial general (CG) future land use category, the density is a maximum of 15 residential dwelling units, 15 vacation rental units, or 40 temporary lodging units. Alternative temporary lodging use standards are allowed as detailed in subsection 110-356(e).

(5)

For properties located in the residential/office/retail (R/O/R) future land use category, the density is a maximum of 18 residential dwelling units, 18 vacation rental units, or 40 temporary lodging units. Alternative temporary lodging use standards are allowed as detailed in subsection 110-356(f).

(6)

For properties located in the planned redevelopment-mixed use (PR-MU) future land use category, the density is a maximum of 15 residential dwelling units, 15 vacation rental units, or 60 temporary lodging units.

(Code 1983, § 20-404; Ord. No. 1043, § 3, 6-14-05; Ord. No. 1138, § 8, 12-9-08; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

The following minimum setbacks shall apply in the C-4, marine commercial district:

(1)

Front yard: 25 feet.

(2)

Rear yard: 18 feet.

(3)

Side yard:

a.

Minimum of ten feet except as provided in the land development regulations.

b.

Temporary lodging units:

1.

For lots between 60 and 80 feet in width, the minimum side yard setback shall be ten feet.

2.

For lot widths greater than 80 feet, the minimum side yard setback shall be as follows: A total of 33 percent of the lot width shall be reserved for side yard setbacks. In no event shall one side be less than the following:

i.

Lots less than 120 feet: ten feet.

ii.

Lots less than 240 feet: 15 feet.

iii.

Lots 240 feet or greater: 20 feet.

(Code 1983, § 20-404; Ord. No. 2023-30, § 1, 12-13-23)

(1)

Properties in the commercial general (CG) or residential office retail (R/O/R) future land use of the comprehensive plan with commercial uses shall have a maximum building height of 34 feet from design flood elevation.

(2)

Properties in the commercial general (CG) or residential office retail (R/O/R) future land use of the comprehensive plan with residential, vacation rental, or temporary lodging use in the C-4, marine commercial district shall have a maximum building height of 44 feet from design flood elevation (DFE).

(3)

Properties in the planned redevelopment-mixed use (PR-MU) future land use category of the comprehensive plan maximum building height shall be three stories above base flood elevation (BFE).

(Code 1983, § 20-404; Ord. No. 2021-23, § 1, 11-10-21; Ord. No. 2022-11, § 2, 5-11-22; Ord. No. 2024-14, § 1, 9-11-24)

The maximum lot coverage in the C-4, marine commercial district is as follows:

(1)

Commercial uses:

a.

Commercial general (CG) future land use category: the floor area ratio (FAR) is 0.55.

b.

Residential/office/retail (R/O/R) future land use category: the floor area ratio (FAR) is 0.55.

c.

Planned redevelopment-mixed use (PR-MU) future land use category: the floor area ratio (FAR) is 0.55.

(2)

Public service facilities:

a.

Institutional: the floor area ratio (FAR) is 0.55.

b.

Transportation/utility: the floor area ratio (FAR) is 0.55.

(Code 1983, § 20-404; Ord. No. 1138, § 8, 12-9-08; Ord. No. 2022-11, § 3, 5-11-22; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

(a)

For properties located in the commercial general (CG) or residential office retail (R/O/R) future land use category of the comprehensive plan, the impervious surface ratio (ISR) is 0.85.

(b)

For properties located in the planned redevelopment-mixed use (PR-MU) Future Land Use Category, the impervious surface ratio is 0.70.

(Ord. No. 2022-11, § 4, 5-11-22; Ord. No. 2024-14, § 1, 9-11-24)

Editor's note— Ord. No 2022-11, § 4, adopted May 11, 2022, renumbered the former § 110-354 as § 110-355 and enacted a new § 110-354 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Parking lots/garages for temporary lodging and nonresidential uses in the C-4, marine commercial district shall be designed to minimize their impacts to any adjacent residential uses as established in the land development regulations.

(b)

During the development process, existing curb cuts in the C-4, marine commercial district shall be reoriented, if necessary, to minimize the negative impact on adjacent properties.

(c)

All development within the C-4, marine commercial district in this category will meet or exceed the buffering/landscape requirements as outlined in chapter 106, article II.

(Code 1983, § 20-404; Ord. No. 2022-11, § 5, 5-11-22; Ord. No. 2023-30, § 1, 12-13-23)

Editor's note— Ord. No 2022-11, § 5, adopted May 11, 2022, renumbered the former § 110-354 as § 110-355 as set out herein. See also the editor's note at § 110-354.

(a)

In the C-4, marine commercial district residential dwelling units, vacation rental units, and temporary lodging units are permitted above ground floor commercial or office units within this district.

(b)

No structure in the C-4, marine commercial district may be wider than 150 feet parallel to the front yard right-of-way. If two structures are proposed on the same lot or parcel, the buildings shall be separated by a minimum of ten feet or equal to 50 percent of the height of the tallest building on the same parcel, whichever is more restrictive.

(c)

Mixed uses in a single development shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property.

(d)

Institutional, other than public educational facilities shall not exceed a maximum area of five acres. Transportation and/or utility uses shall not exceed a maximum area of three acres.

(e)

In the commercial general (CG) future land use category, alternative temporary lodging use standards allows 60 temporary lodging units per acre and a FAR of 1.2. A development agreement is required by the city's land development regulations and Forward Pinellas' Countywide Rules to use the alternative temporary lodging use standard. The development agreement must follow all required standards in Forward Pinellas Countywide Rules to use the alternative temporary lodging use standards.

(f)

In the Residential/Office/Retail (R/O/R) future land use category, alternative temporary lodging use standards allows 60 temporary lodging units per acre and a FAR of 1.2. A development agreement is required by the city's land development regulations and Forward Pinellas' Countywide Rules to use the alternative temporary lodging use standard. The development agreement must follow all required standards in Forward Pinellas Countywide Rules to use the alternative temporary lodging use standards.

(Code 1983, § 20-404; Ord. No. 1138, § 8, 12-9-08; Ord. No. 1173, § 1, 9-28-10; Ord. No. 2022-11, § 6, 5-11-22; Ord. No. 2023-30, § 1, 12-13-23; Ord. No. 2024-14, § 1, 9-11-24)

Editor's note— Ord. No 2022-11, § 6, adopted May 11, 2022, renumbered the former § 110-355 as § 110-356 as set out herein. See also the editor's note at § 110-355.

The purpose of the P-SP, public-semi public district is to provide for the development and maintenance of public and semi-public facilities within the city, including those public buildings and public facilities and public supporting services necessary to the safety, health and general welfare of the residents of the city. The P-SP, public-semi public district correlates with the institutional (I), recreation/open space (R/OS), and transportation/utility (T/U) categories of the countywide plan. Such uses are to be individually reviewed and approved by board of commissioners to ensure their design and use compatibility with the surrounding area. Areas of the city for which this zoning category is appropriate are designated on the comprehensive future land use plan as public/semi-public. Note that the P-SP zoning district is not applied or correlated with the preservation land use. The city relies on the future land use map and the designation of land generally seaward of the coastal construction line to ensure that no development occurs in the preservation land use category. Therefore, the comprehensive plan and the future land use map should be consulted to ensure consistency in development.

(Code 1983, § 20-404; Ord. No. 1138, § 9, 12-9-08)

Cross reference— Definitions generally, § 1-2.

The permitted uses in the P-SP, public-semi public district are as follows:

(1)

Public and semi-public buildings and activities, including:

a.

City hall.

b.

Auditoriums.

c.

Library.

d.

Government offices.

e.

Social and cultural facilities and uses of a similar nature.

(2)

Parks and recreation facilities and public open spaces.

(3)

Maintenance facilities.

(4)

Sewage facilities.

(5)

Water utility facilities.

(6)

Public elementary, middle and high schools.

(Code 1983, § 20-404)

(a)

Such necessary buildings and accessory structures and uses as are necessary for the operation of the city and are compatible with the permitted uses set forth in the P-SP, public-semi public district are allowed.

(b)

Wireless communication towers shall be allowed in the P-SP, public-semi public district through special permit granted by the board of commissioners, as an alternative to prohibiting towers and only in the event substantial proof is submitted by an applicant which demonstrates that no existing tower, structure, or building can accommodate the applicant's proposed antenna. Wireless communication towers must further comply with the provisions of article VI, division 12, subdivisions I, II and IV of this chapter.

(Code 1983, § 20-404)

Upon application for a special exception to the special magistrate and favorable action thereon, the following uses may be permitted in the P-SP, public-semi public district:

(1)

Armories, gymnasiums and other places for public events.

(2)

Cemeteries.

(3)

Colleges, universities and other institutions of higher learning.

(4)

Hospitals.

(Code 1983, § 20-404; Ord. No. 1050, § 11, 8-9-05; Ord. No. 1071, § 3, 2-28-06)

The board of commissioners following a review by the local planning agency, will establish dimensional regulations for the P-SP, public-semi public district consistent with the public use of lands within this district. Such dimensional requirements shall be based upon the need for the public use and with harmonizing that use with the necessity of protecting the public safety, health and general welfare. In addition, such dimensional requirements will provide adequate setbacks, off-street parking and other provisions to be harmonious with adjacent uses in the general area.

(Code 1983, § 20-404; Ord. No. 1050, § 11, 8-9-05)

The maximum lot coverage in the P-SP, public-semi public district is as follows:

(1)

Public service facilities:

a.

Institutional: Floor area ratio (FAR) 0.65.

b.

Transportation/utility: Floor area ratio (FAR) 0.70.

(2)

Recreation/open space (R/OS): Floor area ratio (FAR) 0.25.

(Code 1983, § 20-404; Ord. No. 1138, § 9, 12-9-08)

The impervious surface ratio (ISR) in the P-SP, public-semi public district for public owned parks and recreation facilities (R/OS) is 0.60; for all other uses the ISR is 0.65.

(Code 1983, § 20-404; Ord. No. 1138, § 9, 12-9-08)

All uses within this category, including T/U, shall have the same buffer as required for perimeter landscaping for residential multifamily or commercial uses, as provided for in section 106-35, within and between such use and any other use.

(Ord. No. 1138, § 9, 12-9-08)

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

(Ord. No. 1138, § 9, 12-9-08)

It is the intent of the PD district to accommodate integrated and well-designed developments in accordance with development plans that have been approved in compliance with this division. The PD district is intended to offer design flexibility and to encourage imaginative, functional, high-quality land planning development for those uses consistent with the applicable future land use plan category and compatible with adjacent and nearby lands and activities. At the PD rezoning phase, the development plan is preliminary and the first step in the development process. Throughout the permitting process the project will gain further details.

In keeping with the stated intent of the comprehensive plan and character of the community, a PD development must meet the intent and criteria (including but not limited to density, intensity, and impervious surface ratio) of the future land use plan categories in the Madeira Beach Comprehensive Plan and plan categories in the countywide plan.

PD zoning is permitted in the following future land use plan categories of the Madeira Beach Comprehensive Plan: planned redevelopment mixed-use (PR-MU), activity center (AC), commercial general (CG), residential/office/retail (R/O/R), and resort facilities medium (RFM). The PD district is required for development proposed in the resort facilities high land use plan category of the comprehensive plan and for any project requesting the additive density/intensity provided for in the commercial core and the enumerated portions of the causeway sub-districts in the Madeira Beach Town Center Special Area Plan.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 2014-08, § 4, 11-12-14; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

The type(s) of land uses permitted must be consistent in all respects with the comprehensive plan and such uses must be located and arranged to ensure compatibility amongst themselves, with adjacent land uses, and with public facilities, services and utilities.

Flexibility in setbacks and step-backs may be allowed provided there is adequate space for site improvements and emergency access; that there is no adverse impact on surrounding properties and there is adequate distance between structures and public or private streets. Flexibility in building height may be allowed provided the development is compatible with the surrounding neighborhood. Increased flexibility in setbacks, step-backs and height from the zoning district prior to the rezoning to PD may also be considered if the design includes voluntary provisions for civic or community enhancements, e.g., ground floor retail, expanded setback, enhanced landscaping, sustainable building practices (LEED), and other design enhancements furthering the policies and strategies of the comprehensive plan.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 2014-08, § 4, 11-12-14; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

(a)

Applications for PD zoning require a preliminary development plan establishing the basis for the proposed planned development. All application fees must be paid prior to city staff reviewing the PD preliminary development plan.

(b)

A development agreement is required when rezoning any property to PD and must go to the local planning agency (planning commission) at the same public hearing as the rezoning, before the board of commissioners as a discussion item at the first public hearing as the rezoning, and before the board of commissioners at the second reading and public hearing as the rezoning. See chapter 86, Administration, article IV, Development Agreements for more information on development agreements.

(c)

If the project proposes to use the alternative temporary lodging use standards, the development agreement must also follow all required standards in the Forward Pinellas Countywide Rules. In addition, the proposed intensities and densities cannot exceed the allowable maximums as described in the comprehensive plan.

(d)

The PD preliminary development plan must include all information deemed appropriate, necessary, and relevant by the city to conduct the staff review and, at minimum, must include the following:

(1)

A narrative of the PD preliminary development plan (PD report) is required, and must include the following information:

a.

How the proposal meets the requirements of the comprehensive plan, land development regulations, and any special area plan standards of the city; and

b.

How the proposal meets the requirements of the countywide rules; and

c.

Why the project is requesting flexibility of the land development regulations of the zoning district prior to rezoning to PD; and

d.

The impact on neighboring properties in use and development pattern (e.g. setbacks, building heights).

(2)

Three hard copies of the signed and sealed preliminary development plan and a digital submission all of which must provide the following:

a.

Legal description, zoning district(s) prior to PD rezoning, future land use (Madeira Beach comprehensive plan) and plan category (countywide plan).

b.

Existing use(s) and proposed use(s).

c.

Site area in square feet and acres.

d.

Signed and sealed survey.

e.

Setbacks for zoning district prior to PD rezoning and proposed setbacks.

f.

North arrow and scale: engineering scale no smaller than one inch equals 50 feet.

g.

Site data table with current standards (for zoning district(s) prior to PD rezoning) and proposed development standards including at a minimum:

1.

Gross floor area and heated floor area of existing and proposed (in square feet);

2.

Building coverage (in square feet);

3.

Open space (in square feet);

4.

Impervious surface area (in square feet) and impervious surface ratio;

5.

Density and intensity (including ratios for mixed use);

6.

Quantity and type of parking spaces and parking requirements;

7.

Building height(s) measured from the design flood elevation and the total number of stories, include the maximum allowable height from the zoning district prior to PD rezoning;

8.

Preservation area(s) (in square feet);

h.

Buffering standards, e.g., design standards to buffer neighboring properties from commercial activities, construction impacts, vehicular traffic, etc.;

i.

Solid waste disposal container(s) location and access;

j.

Tree survey, indicating the species and size of all existing trees, four inches or greater caliper measured at breast height;

k.

Landscape design standards and plans that must, at a minimum meet requirements in chapter 106, article II of this Code.

l.

Building envelope and general egress and ingress locations;

m.

Conceptual stormwater drainage plan based on maximum proposed development coverage adequate to meet the minimum standards of SWFWMD and this Code, to ensure no additional off-site impacts, and to resolve existing drainage problems deemed necessary by the city;

n.

If a dune system impact is anticipated, the concept plan must address proposed changes, reconstruction, and replanting; and

o.

Details of any design, performance criteria, or project commitments agreed to at the neighborhood meeting.

p.

Mobility and access plan indicating:

1.

Proposed curb cuts and off-site traffic access management;

2.

Location and function for required sidewalk, bicycle, and other multimodal improvements;

3.

On-site circulation; and,

4.

If impacting a collector or arterial road or required by FDOT, a transportation impact study prepared by a registered Florida engineer for submittal and review by city staff and other governing agencies.

q.

All architectural design standards and guidelines in the comprehensive plan, special area plan or zoning district prior to rezoning PD must be met at a minimum. Additional design specifications can be required as a condition of approval during the public hearing process.

r.

Record of notice of, and transcribed and video record of the required neighborhood meeting.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1050, § 12, 8-9-05; Ord. No. 2014-08, § 4, 11-12-14; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

The city will intake the application and initial application fees and distribute accordingly to applicable city staff for review. Staff will first determine if the application is complete for full review, if not, staff will provide the applicant with a compiled list of comments to be addressed. The application must be complete as outlined here in this code such that staff can make a recommendation of either approval, approval with conditions, or denial. Once city staff determines the application is complete and a recommendation has been decided upon; the application, neighborhood meeting, and staff recommendation will be scheduled for public hearing before the planning commission serving as the local planning agency (LPA). The formal legal notice of the LPA public hearing must be posted as least 15 days prior to the public hearing date. The LPA will issue findings to the board of commissioners that will include a recommendation of approval, approval with conditions, or denial.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1050, § 12, 8-9-05; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

Editor's note— Ord. No. 2025-04, § 1, adopted March 12, 2025, amended the title of § 110-389 to read as herein set out. The former § 110-389 title pertained to procedure for approval of PD zoning.

The applicant shall provide for reimbursement of all expenses incurred by the city, deemed necessary by the city manager or his/her designee, to review and process a planned development (PD) district.

Expenses may include, but are not limited to any technical, engineering, planning, landscaping, surveying, legal or architectural services, and advertising.

Within 30 days of the date of receipt of any invoice for such services, the applicant shall reimburse the city for such costs. Failure by the applicant to make such reimbursement when due shall delay the recording of the approved development order, until paid.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1072, § 6, 3-28-06)

The local planning agency (LPA) will review the PD zoning district application and PD preliminary development plan to ensure that the following criteria are met. The LPA must recommend denial if the application fails to meet the following criteria. If the application meets the following criteria, the LPA may recommend approval, approval with conditions, or denial.

(1)

The PD report and preliminary development plan must be consistent with the comprehensive plan, including, but not limited to the future land use map and future land use element goals, objectives, and policies.

(2)

The PD report and preliminary development plan must promote the project's compatibility with adjacent land uses.

(3)

The PD report and preliminary development plan must take in consideration the public facilities and services available to reasonably assure the city that the demand for services necessitated by the intensity of uses allowed will not exceed the adopted levels of services for such public facilities and services. Consistency will be verified during the construction permitting phase.

(4)

The PD report and preliminary development plan must not conflict with the public interest and must promote the public health, safety and welfare.

(5)

The PD report and preliminary development plan must be consistent with the intent and purpose of this Code, specifically the criteria contained in section 110-388 and the general criteria required of the board of commissioner's review provided in section 110-393 of this Code.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1050, § 12, 8-9-05; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

Editor's note— Ord. No. 1050, § 12, adopted August 9, 2005, changed the title of § 110-391 from "Review by planning commission" to "Review by local planning agency."

The applicant must hold a neighborhood information meeting with property owners within 300 feet of the proposed development prior to the LPA considering the application. The neighborhood information meeting must be held at a location and time reasonably convenient to the surrounding property owners to maximize attendance, subject to the following requirements:

(1)

Notification. Two weeks prior to the neighborhood information meeting date, the applicant must mail notices of the meeting date, place, and time to all property owners inside a radius of 300 feet from the boundaries of the proposed development parcel, to the board of commissioners, the city clerk, the community development department, and must post this information prominently on the property. The applicant must inform the city manager or designee of the proposed meeting date, place, and time prior to sending out the notices. The city manager or designee may require a change of date, place, or time due to schedule conflicts or in order to accommodate advertising requirements for upcoming public hearing consideration. The applicant must provide documentation of the mailed notice to the city manager or designee for verification. The city manager or designee may reasonably require additional properties be issued a notice and otherwise post notice of the neighborhood information meeting.

(2)

Applicant's presentation. At the neighborhood information meeting, the applicant must explain the proposed PD preliminary development plan, proposed use of the subject property, and provide copies of the PD preliminary development plan for meeting attendees. The applicant may also discuss the project's development objectives, design philosophy, and proposed time schedule for completion.

(3)

Question and answer period. Upon completion of the presentation, a reasonable time must be reserved for a question and answer period. Questions should be limited to the proposal as presented, not to the question of whether the site should be developed or redeveloped. The applicant must identify how potential conflicts will be mitigated.

(4)

Record. The applicant must provide the city both a written and video record of the neighborhood information meeting, including any commitments made by the applicant to the attendees.

Failure to conduct and properly record the neighborhood information meeting, as outlined above, renders the PD zoning application incomplete and prevents submission and further review.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 2019-07, § 1, 10-8-19; Ord. No. 2025-04, § 1, 3-12-25)

The board of commissioners shall consider the recommendation of the local planning agency while analyzing the PD zoning application and preliminary development plan. The board of commissioners shall review the PD preliminary development plan in conformance with the criteria listed in section 110-388 and the following general conditions:

(1)

Land uses within the development shall be appropriate in their proposed location, in their relationships to each other, and in their relationships with uses and activities on adjacent and nearby properties.

(2)

The development shall comply with the comprehensive plan and shall have positive effect on the surrounding area and city as a whole.

(3)

Stipulations of approval of a planned development may include requirements to construct improvements, dedicate property and easements, or contribute money to improvements to public facilities such as roadways, medians, sanitary sewer and water facilities, drainage systems, street lighting, landscaping, signage, parks and recreational facilities, walkways and sidewalks, burying of utility lines along abutting rights-of-way or streetscape improvements.

(4)

A minimum of a ten-foot wide sidewalk shall be provided along any street right-of-way or on private property by easement dedication to the city if the right-of-way is of insufficient width. The board of commissioners can reduce the minimum sidewalk width if there are engineering or environmental limitations making a ten-foot wide sidewalk not feasible.

(5)

The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose.

(6)

Streets, utilities, drainage systems, landscaping, recreation areas, building heights, size and scale, and vehicular parking and loading facilities shall be appropriate for the particular use involved, and shall equal or exceed the level of design and construction quality required of similar land development elsewhere in the city.

(7)

Visual character and community amenities shall be equal or better in quality than that required by a similar development designed with the zoning district standards prior to rezoning to PD.

(8)

Open space shall be adequate for the type of development being proposed.

(9)

Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee.

(10)

In the case of developments, which are to be constructed in several phases, the proposed phases shall be shown on the overall development plan. The proposed construction phases shall individually comply with the standards set forth in this section in order that, if for any reason construction ceases prior to completion of the entire planned development, the resulting partially complete project will adequately serve its purchasers and occupants and will not cause a general public problem. Each phase should be able to be completed entirely such that each phase may be independently provided a certificate of occupancy.

Lastly, the board of commissioners must review the preliminary development plan in detail. Such drawings shall define the physical character of the project, including all building and architectural treatments. The board of commissioners' review will ensure conformance with the following design standards:

(1)

Treatment of the sides and rear of all buildings within the planned development shall be compatible in amenity and appearance to treatment given to street frontages of the same buildings.

(2)

All buildings in the layout and design shall be an integral part of the development and have convenient pedestrian access to and from adjacent uses.

(3)

Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

(4)

Landscape treatments for walkways, plazas, arcades, roads, and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area. The landscape plan submittal shall include the anticipated appearance of the trees and landscape materials after five years of growth to visually provide their size and proportion relative to the proposed buildings, view corridors, curb appeal, pedestrian corridors, etc.

(5)

The project's scale, and the size, color and proportion of building elements, components and materials are appropriate and harmonious with surrounding neighborhood characteristics.

(6)

All mechanical equipment, electrical equipment, roof top equipment, refuse areas associated with this project shall not be visible from the public right-of-way.

(7)

Appropriate building materials are being used. The use or employment of any of the following is generally considered inappropriate and will not be permitted unless appropriately integrated into a project meeting all other criteria, including aesthetic criteria, of this article:

a.

Corrugated metal siding;

b.

Prefabricated metal buildings or their components;

c.

Primary colors or black; and

d.

False windows or doors, unless used on a parking structure or level to blend into the built environment.

e.

Unmodified formula and trademark buildings and structures.

(8)

The project's location and design adequately protects or enhances unique site characteristics such as those related to scenic views, natural vistas, waterways or similar features.

(9)

The project appropriately integrates landscape elements into the site plan and building design. Plantings shall be of a size to give the appearance that the project is settled into a mature landscape. The landscape submittal shall include a description of each tree and plant proposed on site by type and details relative to maximum height/size and color at maturity.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1050, § 12, 8-9-05; Ord. No. 1090, § 1(Exh. A), 9-26-06; Ord. No. 2025-04, § 1, 3-12-25)

All plans, schematics, and conditions of a planned development approval will become part of a development order for the project. The development order shall state with specificity the development plan approved by the board of commissioners. The executed development order shall be recorded in the public records of Pinellas County prior to issuance of any building permit for the project.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1113, § 1, 6-26-07)

Upon the rezoning of land to a PD district, the approved development plan, along with such requirements, safeguards, modifications or stipulations as may have been included by the board of commissioners in its rezoning action shall be substantially complied with relative to the issuance of all building permits, zoning clearances and certificates of occupancy by the city.

Deviation from the approved development plan or failure to comply with any requirement, safeguard, modification or stipulation imposed by the city at the time of rezoning land to the PD district shall constitute a violation of the Land Development Code, chapter 82.

(Ord. No. 1040, § 1, 4-26-05)

Standard operating adjustments that do not have to go before the board of commissioners for review includes fences, additional parking, pools, landscaping, signage, and accessory structures that meet the requirements of the zoning district prior to the rezoning of PD. It is the intent of the PD rezoning phase that the project be conceptual in nature, therefore interior layouts and egress and ingress may change from the concept plan without any public hearing process as long as the project remains within the approved setbacks.

Minor modifications to an approved development order may be approved by the board of commissioners. A minor modification includes changes such as curb cuts, sidewalks, bicycle paths, uses that create an increase in parking requirements (e.g. office to restaurant) or trip generation rate, and complete alterations of architectural style (e.g. old Floridian to brutalist). A minor modification does not increase the density or intensity of the development to occur upon the property; does not result in a reduction or change of previously approved setbacks, open space or public improvements; does not increase the height of the development to occur upon the property; or does not substantially alter the location of any improvements approved for the site. The approved PD zoning conditions, or approved development agreement may allow for a percentage of allowances in reduction of height, intensity, and density and/or increase in setbacks and is not considered a minor modification and does not require further review or consideration by the board of commissioners.

Any applicant desiring such other modifications to an approved development order or approved development plan must commence the planned development approval process anew. Any such applicant must pay the applicable fee and submit the application for a modification to the development order. Such application shall be processed in the same manner as the board of commissioners considered the original development plan, including a public hearing. An amended development order issued pursuant to section 110-394 shall reflect any changed or modified approvals and be recorded in the public records of Pinellas County.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1113, § 1, 6-26-07; Ord. No. 2025-04, § 1, 3-12-25)

(a)

Upon failure to complete plans for the proposed development plan within six months of the neighborhood information meeting; the application shall be null and void. No further review or processing of that application shall occur and there shall be no refund of the application fee. The city manager may administratively grant an extension of up to three months upon determination that a good faith effort to submit plans has been made.

(b)

Upon failure to complete plans for the proposed development plan within six months of receiving the technical review comments of the city staff and reviewing agencies; the application shall be null and void. No further review or processing of that application shall occur and there shall be no refund of the application fee or any site plan review fee. The city manager may administratively grant an extension of up to three months upon determination that a good faith effort to submit plans has been made.

(c)

Upon the effective date of an ordinance authorizing a PD district, construction shall commence within 24 months.

(d)

Upon application filed prior to or on the date of commencement set forth in (c), the city manager may grant a one-year extension of the commencement date upon a determination that a good faith effort to commence construction prior to the commencement date has been made. The city manager may administratively grant up to three one-year extensions. Thereafter, the board of commissioners by resolution may grant a one-year extension of the commencement date upon a determination that a good faith effort to commence construction prior to the commencement date has been made.

(e)

Upon failure to commence construction within the specified time or failure to comply with Section 104.5 of the Florida Building Code:

(1)

The ordinance rezoning this site to PD shall be automatically deemed repealed;

(2)

The zoning for the site shall revert to the zoning classification that existed on the site prior to approval thereof; and

(3)

No further development shall occur on site and no building permit or development order shall be issued thereafter under the terms of the PD district.

(f)

"Construction" for purposes of this section, shall mean obtaining a building permit for a structure or structures authorized in the PD district and initiating substantial site and structural improvements, not including land clearing, land filling and soil compaction.

(Ord. No. 1040, § 1, 4-26-05; Ord. No. 1090, § 1(Exh. A), 9-26-06; Ord. No. 2025-04, § 1, 3-12-25)