To maintain a generally spacious environment, permitting a desirable medium intensity of hotel, resort, club and compatible commercial use under planned unit developments together with special exception and accessory uses as may be necessary or are normally compatible with the surroundings. To enhance the general character of the District and its compatibility with residential surroundings and high quality, hotel, resort, club and compatible commercial uses. The District is limited to hotel, club, shop or store, and/or professional uses or an appropriate blending of two (2) or more such uses.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 368, passed 9-24-19)

(A)

Private clubs for social and/or recreational purposes only as a planned unit development, or part of a planned unit development.

(B)

Hotels as a planned unit development, or part of a planned unit development.

(C)

Reserved.

(D)

Professional offices as a planned unit development or part of a planned unit development.

(E)

Essential services.

(F)

Medical marijuana treatment centers.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 356, passed 9-26-17; Am. Ord. 368, passed 9-24-19)

(A)

Private garage.

(B)

Private swimming pools and/or cabanas.

(C)

Off-street parking and loading.

(D)

Private club sleeping accommodations for the temporary use of bona fide members and such members' sponsored guests.

(E)

Signs.

(F)

Beach shelters.

(G)

Restaurants, bars or lounges where liquor is sold for consumption on premises.

(H)

Other accessory uses customarily incident to permitted or approved special exception uses, including catering services and limousine services accessory to a hotel.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 368, passed 9-24-19)

(A)

Supplemental parking.

(B)

Height exception. (See Section 151.526)

(C)

Lighted tennis courts; subject to site plan review, fencing, screening with plantings and hours of operation.

(D)

Shops and/or stores for the trade or business purposes enumerated in (1) through (20) below as a planned unit development or part of a planned unit development, upon compliance with special exception criteria specified in (E) below as well as general special exception criteria set forth at Town Code Section 151.568, but not including manufacturing and not including gasoline service stations. Vape shops, Vaping establishments and convenience stores all of which are prohibited uses, and not fronting on Highway A1A, as a planned unit development, or part of a planned unit development.

(1)

Antiques.

(2)

Apparel and accessories.

(3)

Art galleries.

(4)

Bed and bath boutiques.

(5)

Cards/gifts/stationery.

(6)

Crafts and hobbies.

(7)

Fabrics.

(8)

Flowers/florist.

(9)

Furniture.

(10)

Hair styling/beauty salon/barber.

(11)

Jewelry.

(12)

Luggage/leather goods.

(13)

News/books.

(14)

Optical goods.

(15)

Perfumery.

(16)

Photographic services/studios.

(17)

Shoes.

(18)

Tobacconist but excluding Vape shops and Vaping establishments.

(19)

Toys.

(20)

Combinations of the uses in items (1) through (19) of this subsection.

(E)

Hours of operation shall be limited to 7:00 a.m. through midnight of the same day; Outside storage is prohibited and all refuse shall be kept screened from view and secure; Pick-up and delivery activities shall be limited to 8:00 a.m. to 6:30 p.m. of the same day; curbside service is prohibited; drive-in service is prohibited except as specifically allowed by Town code; Proper attire for staff and customers shall be required at all times, and swimming attire shall be prohibited.

(Ord. 142, passed 4-28-86; Am. Ord. 212, passed 2-25-03; Am. Ord. 368, passed 9-24-19)

(A)

Common open space. Common open space shall be no less than thirty (30) percent of the lot or lot of record.

(B)

Landscaped open space.

(1)

Landscaped open space shall be no less than fifty (50) percent of common open space.

(2)

Not less than fifty (50) percent of the required front yard must be landscaped open space.

(3)

Density and intensity of use.

(a)

Density. Hotel units (rooms, suites or villas) shall not exceed thirty-four (34) units per acre.

(b)

Floor area total. The floor area total shall not exceed one and forty one-hundredths (1.40) times the square footage of the lot or lot of record computed at zero (0) datum.

(4)

Lot coverage. Lot coverage shall not exceed thirty-five (35) percent of the lot or lot of record computed at zero (0) datum.

(Ord. 142, passed 4-28-86; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Subject to conflicting provisions of the Planned Unit Development provisions, which conflicting provisions shall control, the following supplementary lot regulations shall be applied in the C-3 Zoning District: Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space, shall not be reduced to less than the minimum required by this chapter except as provided in this chapter; and if already less than the minimum required by this chapter, the area or dimension may be continued but shall not be further reduced except as provided in this chapter.

('81 Code, § 5.10) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 166, passed 5-26-92; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Generally. No structure shall exceed five (5) stories or fifty (50) feet in height, whichever is less.

(B)

Special exception to height regulations. In order to encourage increased common open space, increase landscaped open space, reduced density and intensity of use, reduced lot coverage and careful attention to architectural character, integrity and detail, the Town Commission may in its discretion, upon review of an application and public hearing thereon, allow a special exception for an increase in the maximum building height of up to six (6) stories or sixty-five (65) feet in height, whichever is less, upon a finding being made by the Town Commission that the proposed increase in height is in the public interest, that it meets the standards for a special exception being granted under this Zoning Code as now prescribed in Section 151.568, and that it meets or exceeds the minimum goals and guidelines for the lot or lot of record set forth as follows:

(1)

Common open space. Common open space shall be no less than sixty-five (65) percent.

(2)

Landscaped open space.

(a)

Landscaped open space shall be no less than sixty-five (65) percent of common open space.

(b)

Not less than sixty (60) percent of the required front yard shall be landscaped open space.

(3)

Density and intensity of use.

(a)

Density. Hotel units (rooms, suites or villas) shall not exceed thirty-seven (37) units per acre.

(b)

Floor area total. The floor area total shall not exceed the square footage of the lot or lot of record computed at zero (0) datum.

(4)

Lot coverage. Lot coverage shall be reduced to not more than thirty (30) percent of the lot or lot of record computed at zero (0) datum.

(5)

Careful attention to architectural character, integrity and detail.

(a)

Structures provided for in subsection (E) of this section shall be unaffected by any special exception granted hereunder and shall conform to the requirements of subsection (E) as if no portion of the structure on which they are located is higher than five stories or fifty (50) feet in height, whichever is less, and shall be architecturally treated, integrated and detailed so as to architecturally enhance the structure(s) and overall development.

(b)

The special exception story and/or height allowed under this section shall be architecturally treated both separately and together with the balance of all development to diminish the visual impact of size, bulk and mass, and to preserve the character and integrity of the development as if the special exception were not granted.

(C)

Accessory structures. No accessory structure shall exceed in height the main structure to which it is accessory.

(D)

Overall height of building. Maximum overall height of a pitched roof building, or part of a building covered by a pitched roof, shall be the maximum allowable building height plus ten (10) feet. Maximum overall height of a flat roof building, or part of a building covered by a flat roof, shall be the actual building height of the structure plus four (4) feet. Parapet walls extending above the maximum allowable building height shall be perforated fifty (50) percent or more on all vertical surfaces.

(E)

Permitted exceptions to height regulations. Structures for the housing of elevators, stairways, skylights, or similar facilities, vertical radio antennae, television reception antennae except dish type, and church steeples may be erected no more than forty (40) percent above the height of the building on which it is located. However, the highest vertical projection of a chimney may exceed the overall height of the building on which it is located by no more than four (4) feet. All such structures, equipment and facilities located upon the roof area shall not cover in the aggregate a roof area greater than ten (10) percent of the ground floor area of such building or structure. Heating (including solar), ventilating and air conditioning equipment and facilities installed on the roof of a building shall be completely and permanently site screened from view at all points on the lot lines at grade and all points vertically from grade of the lot lines to the permitted height of buildings in the District in which the lot is located. See subsection 151.561(F) for flag pole regulations.

('81 Code, § 5.20) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 171, passed 5-24-94; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 226, passed 3-23-04; Am. Ord. 303, passed 2-22-11; Am. Ord. 342, passed 11-17-15)

Cross reference— Penalty, see Section 151.681

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered unless it is set back at least fifty (50) feet from the nearest right-of-way line of Highway A1A, at least twenty-five (25) feet from the nearest right-of-way line of any other street or alley, and at least ten (10) feet from the paving of any access road or uncovered off-street parking; provided, however, any portion of a structure exceeding two (2) stories or twenty-five (25) feet in height shall be set back from the vertical plane of the nearest right-of-way line of Highway A1A at least two (2) times the height thereof, and shall be set back from the vertical plane of the nearest right-of-way line of any other street or alley at least three-quarters (¾) the height thereof.

('81 Code, § 5.30) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

The side yard between the side lot line and any structure or a portion thereof shall be no less than fifteen (15) feet, or one-half (&frac12) the height of such structure or portion thereof nearest to the vertical plane of the side lot line, whichever is greater.

('81 Code, § 5.40) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 122, passed 5-30-81; Am. Ord. 142, passed 4-28-86; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered:

(A)

Unless the structure is set back at least fifty-five (55) feet west from any seawall, bulkhead line, fill line or mean high water line of the waters of the Atlantic Ocean, whichever is closer to the structure; provided, however, a minimum setback of twenty-three (23) feet shall be permitted for the construction of swimming pools/spas provided connecting pipe and patio areas are located and designed so as not to interfere with the placement, removal and replacement of seawall anchors.

(B)

If any rear yard of a lot or lot of record or if any portion of any such rear yard fronts on any street such that the lot or lot of record is a through lot, then the greater of the front setback requirement or the rear setback requirement shall control.

('81 Code, § 5.50) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 142, passed 4-28-86; Am. Ord. 153, passed 3-28-89; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 275, passed 10-23-07; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

Except for private garages accessory to single-family dwellings and except for District R2-A, the minimum distance between the closest projection of any two (2) buildings shall be as follows:

(A)

Ten (10) feet if both buildings are one (1) story in height;

(B)

Fifteen (15) feet if any one (1) building is one (1) story in height and any part of the other building is two (2) stories in height;

(C)

Twenty (20) feet if any part of both buildings is two (2) stories in height;

(D)

Twenty-five (25) feet if any one (1) building is one (1) story in height and any part of the other building is three (3) stories in height;

(E)

Thirty (30) feet if any part of one (1) building is two (2) stories in height and any part of the other building is three (3) stories in height; or

(F)

Thirty-five (35) feet if any part of both buildings is three (3) stories in height.

('81 Code, § 5.60) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 148, passed 5-26-87; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Ground floor area. No dwelling unit shall have a floor square foot area less than one thousand four hundred (1,400) square feet. In computing square foot area hereunder, open or screened porches shall be given fifty (50) percent credit of their actual square foot area. The total ground floor area of any building plus any accessory structure on any lot shall not exceed two-thirds (⅔) of the building area.

(B)

Lot coverage. Lot coverage shall not exceed thirty-five (35) percent, provided however, pool screen enclosures which have a screen roof and half or more of the enclosed sides fully screened, such roof and sides allowing the relatively free passage of light and air, shall be counted for lot coverage at only half of the area of the lot or lot of record covered by the screen roof.

('81 Code, § 5.71) (Ord. 97, passed 4-26-76; Am. Ord. 122, passed 5-30-81; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 342, passed 11-17-15; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

No private garage shall have its entrance facing the street. No open carports shall be permitted. Each private garage shall have a minimum interior area of twenty (20) feet in length and twenty (20) feet in width for the exclusive use of parking two (2) automobiles.

('81 Code, § 5.72) (Ord. 97, passed 4-26-76; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No boats or trailers of any kind shall be kept, maintained or stored on any lot or lot of record.

('81 Code, § 5.73) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03; Am. Ord. 337, passed 7-28-15; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

(A)

Boathouses are not permitted.

(B)

Docks are not permitted.

(Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Swimming pools, pool patios and/or decks, spas (including jacuzzis and whirlpools) and anything permanently attached to any of the above structures, are deemed to be accessory structures and may only be constructed and/or used when a principal structure exists on the same lot. Accordingly, the following regulations shall control the construction requirements of same:

(A)

Swimming pools and spas shall be constructed no less than thirteen (13) feet from any side lot lines and no less than twenty-three (23) feet from the rear lot line, bulkhead or seawall, measured from the "wet edge" of the swimming pool or spa, so long as the construction thereof shall not or cannot reasonably be anticipated to adversely affect the structural integrity, life or maintenance of any bulkhead, seawall or other structure, as certified by either a marine, structural or mechanical engineer who is properly licensed in the State of Florida;

(B)

Any swimming pool or spa that is enclosed by a screen enclosure, whether partially or fully, shall be setback from the side and rear lot lines no less than the minimum required side and/or rear setbacks for this zoning District; and

(C)

Maximum vertical elevation for a swimming pool deck shall be one point five (1.5) feet above grade;

(D)

Maximum vertical elevation for spas and decorative items such as planters, balustrades, railings, fountains, hand rails, ladders, diving boards, slides and the like shall be three point five (3.5) feet above the pool deck upon which it is constructed; and

(E)

Open gazebos and roofs for swim-up pool bars or spas may be constructed on the swimming pool/spa deck so long as each gazebo and/or pool bar/spa roof is setback from the side and rear lot lines no less than the minimum required side and/or rear setback for accessory structures for this zoning District.

('81 Code, § 5.76) (Ord. 97, passed 4-26-76; Am. Ord. 131, passed 4-19-83; Am. Ord. 212, passed 2-25-03; Am. Ord. 275, passed 10-23-07)

Cross reference— Penalty, see Section 151.681

Outdoor fireplaces, barbecue pits and the like shall not exceed six (6) feet in height and shall not be located, erected, constructed, added on to, repaired, reconstructed or altered closer than five (5) feet to the lot line.

('81 Code, § 5.77) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Garden walls, fences or hedges may be located, erected, constructed, planted, added on to, repaired, reconstructed or altered within the required yard areas pursuant to the site planning or PUD process

(A)

Retaining walls. Retaining walls without additional structures may be constructed in conjunction with the "new construction" or "substantial improvement" of a building at a maximum height required to comply with the property's applicable grade or zero datum elevation (as defined in Section 151.003), in accordance with the most current Flood Insurance Rate Map promulgated by the Federal Emergency Management Agency (FEMA). Prior to the issuance of a certificate of completion or certificate of occupancy for the associated residence, a complete as-built survey of the retaining wall, certified by a Florida-licensed engineer retained by the property owner, shall be provided to the Town. The engineer's certification required by this subsection must verify that all on-site retention requirements are being met without adverse drainage effects to adjacent neighboring properties.

(1)

Additional structures or hedge material on top of or adjacent to retaining walls. Fences, railings, gates, or hedges may be constructed on top of or adjacent to retaining walls in conformance with the maximum height requirement provided below. Any fences, gates, or railings constructed on or adjacent to retaining walls pursuant to this paragraph must allow the transmission of light and air through fifty (50) percent or greater of the surface area. No privacy walls may be constructed on top of or adjacent to retaining walls.

(2)

Maximum height requirement of retaining walls and additional structures. The maximum height of retaining walls plus any additional structures, such as fences, railings, gates, or hedge material may not exceed the maximum allowable heights for walls, fences, or hedges in the property's front, side, or rear yard as provided in Subsections (A) or (B) above. Height shall be measured from the lowest adjacent grade, except for swimming pool fences or retaining wall railings required by the Florida Building Code or other applicable code, which shall be measured in accordance with the requirements of the Florida Building Code or other applicable code.

('81 Code, § 5.78) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 153, passed 3-28-89; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 368, passed 9-24-19; Am. Ord. 376, passed 5-25-21)

Cross reference— Penalty, see Section 151.681

No structures shall be located, erected or constructed seaward of any established bulkhead or bulkhead line, except erosion control devices such as bulkheads, groins or jetties.

('81 Code, § 5.79) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

All utility service lines and mains, including water, sewer, storm drainage, solid waste, telephone, cable television, gas, electrical and the like, shall be installed and maintained underground.

('81 Code, § 5.82) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Medical marijuana treatment centers may operate within the Town, subject to the following requirements:

(A)

Survey. Medical marijuana treatment center applicants and those entities or persons seeking a zoning confirmation letter for Medical marijuana treatment centers shall be required to provide a survey sealed by a Florida-registered land surveyor who is licensed by the State of Florida. The survey shall indicate the distance between the proposed Medical marijuana treatment center and any real property that comprises a public or private elementary school, middle school, or secondary school.

(B)

Location requirements. No medical marijuana treatment center cultivating or processing facility shall be located closer than five hundred (500) feet from the real property that comprises a public or private elementary school, middle school, or secondary school. All distances shall be measured from property line to property line in a straight path without regard to intervening structures or objects. Location requirements may not be varied.

(C)

License or permit fees. Medical marijuana treatment centers shall be charged all license or permit fees in an amount equal to the license or permit fees charged to pharmacies pursuant to F.S. § 381.986. Any person or entity applying for or renewing a business tax receipt for a medical marijuana treatment center within the Town shall exhibit an active state license, or proof of same, before such business tax receipt may be issued.

(D)

Compliance with State Codes. Medical marijuana treatment centers must comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments thereto.

(E)

Statutory compliance. Medical marijuana treatment centers shall establish compliance with all applicable provisions of F.S. § 381.986, as that section may be amended from time to time.

(Am. Ord. 356, § 3, 9-26-17)