7.24.01 Purpose

The intent of the Downtown Residential Overlay District (DROD) is to allow for a variety of low intensity professional office, personal service and specialty retail uses in the R-1, R-2, R-3, MF-10, and MF-14 zoning districts that are located within the Downtown Land Use area. The overlay district is primarily intended to allow for the conversion of residential structures which meet the requirements herein. Conversions must retain a residential appearance and be in character with the existing neighborhood. The district requirements include provisions for buffering, parking, signage and landscaping.

New, non-residential construction within the overlay district must meet all the provisions contained herein. Any construction or remodeling shall be in keeping with the residential character of the area. Structures shall have a residential appearance, e.g. no showcase windows, glass exterior doors or outdoor storage of equipment, supplies, or vehicles.

Permitted uses within the DROD will be low traffic generators. Delivery of, or pick-up of goods by trucks will be low volume in order to minimize truck traffic in the area. No pick-up or delivery of goods shall occur on the weekends. No more than two pick-ups or deliveries of goods shall occur on weekdays.

7.24.02 Permitted Uses.

All proposals are subject to review and approval by the DRC. The DRC may reject any proposal that does not meet the purpose of this overlay district even if the proposed use is listed as permitted under this section.

1.

Professional office other than medical (e.g. law, accountant, architectural, planning, engineering, brokerage services and similar uses which meet the purpose of this overlay district and are approved by the Development Review Committee DRC)

2.

Florist

3.

Beauty/barber shop

4.

Locksmith

5.

Watch, clock, jewelry (sales and service)

6.

Photography studio

7.

Tailor/seamstress

8.

Art gallery/studio

9.

Antique shops (indoor sales)

10.

Educational material sales (books, art supplies, music supplies, and similar educational materials)

11.

Uses that are not specifically listed but which meet the purpose of this overlay district and are approved by the Development Review Committee (DRC)

12.

Special exceptions: The following use may be allowed upon approval for a special exception by the city council in accordance with this Code:

a.

Bed and breakfast operations as regulated under section 7.23.00, et seq. of this Code.

7.24.03 Site regulations

1.

Lot area—The minimum lot area shall be the same as in the underlying zoning district, e.g. R-1, R-2, R-3, MF-10, MF-14.

2.

Height—The maximum height of any converted structure shall be the same as in the underlying zoning district, e.g. R-1, R-2, R-3, MF-10, MF-14.

3.

Setbacks—The front, side and rear setbacks for any converted structure shall be the same as in the underlying zoning district, e.g. R-1, R-2, R-3, MF-10, MF-14.

4.

Off-Street Parking—A maximum of four parking spaces shall be provided on-site. Parking shall be in the rear of the building to the greatest extent possible. Alley access shall be utilized if available to the site. On-site parking shall be either a mulch material or turf-block composition, or a combination of the two. An existing paved driveway may be utilized toward the parking requirement, however, no new impervious material will be allowed for parking spaces, except in the provision of handicapped parking and access.

On-Street Parking—is encouraged on Grand Boulevard, Main Street, and Nebraska and Central Avenues.

5.

Buildings—No buildings utilized for commercial purposes in this district shall exceed 3,000 square feet in size. Buildings one (1) story in height shall not exceed 40 percent lot coverage. Buildings two (2) stories in height shall not exceed 30 percent lot coverage. Buildings three (3) stories in height shall not exceed 25 percent lot coverage. The height of the structure is determined by the underlying zoning district of the property, e.g. R-1, R-2, R-3, MF-10, MF-14.

6.

Storage all storage of equipment or supplies shall be enclosed within the principle structure or a shed located in the rear yard. Outdoor storage sheds shall not exceed 100 square feet.

7.

Drainage on-site retention for compensatory storage is not required, however the total amount of impervious area shall not exceed 60 percent. Southwest Florida Water Management District regulations must be met.

7.24.04 Signage

All signs shall be regulated in accordance with Table 1: Downtown Residential Overlay District Signage.

Expand

Table 1: Downtown Residential Overlay District Signage (One sign per category permitted)
Sign Type		Example	Max. Area (square feet)	Max. Number	Illumination ?	Max. Height (feet)	Setback (feet)	Placement	Additional Criteria	Permit Required?
Attached Signs*	Wall		20 (6:secondary)	1	No	Below roof line	N/A	On front façade Below roof line; Architecturally integrated with building design; ≤6" projection	Professionally designed; Natural, painted or synthetic wood; no plywood, particle board, wallboard or plastic; Secondary sign on side/rear entrance open to public	Yes
	Projecting/Hanging		6 (2 x 3)	1	No	Below roof line	N/A	See wall sign above; 8-foot vertical clearance over walkway	See wall sign above	Yes
	Awning		20	1	No	Below roof line	Must not encroach building setback	Architecturally integrated with building; 8-foot vertical clearance	Professionally designed; Durable fabric (low sheen)	Yes
Freestanding Signs*	Monument		16 (4 x 4)	1	Yes, externally until 9:00 pm	5	2	Not in free vision zone	Professionally designed; Same material as wall sign above, plus masonry; No plywood, wallboard, particle board, or plastic; Landscaped base; 6-inch address numeral included (not part of sign area calculation)	Yes
	Hanging		6 (2 x 3)	1	No	5	2	Not in free vision zone	See monument sign above	Yes
Portable Signs*	Sandwich Board		6 (2 x 3)	1	No	3.5	See placement	Not within free vision zone; Only displayed during business hours and no later than 9:00 pm	Professionally designed; Same material as wall sign above or metal/aluminum; no plywood, wallboard or plastic	Yes (No fee)
	Bench		3	1	No	3	See placement	See sandwich board sign above	See sandwich board sign above; Permitted bench material wood, synthetic wood, metal or aluminum	Yes (No fee)

 

7.24.05 Landscaping

1.

Where a non-residential use abuts a residential use, there shall be a continuous buffer with a minimum height of six (6) feet within one (1) year from time of planting. This buffer shall not extend nearer to a street right-of-way line than the established building line of the adjoining residential lot. The buffer shall be an evergreen hedge or other similar foliage. Recommended materials include, but are not limited to, viburnum, ligustrum, burford holly and wax myrtle. Landscape plants must be Florida Grade Number 1 quality or better according to the most recent edition of the Florida Department of Agriculture and Consumer Services Grades and Standards for Nursery Plants, Part I and IL.

7.24.06 Appearance

1.

The appearance of any structure used for commercial purposes in the DROD shall remain residential in nature. There shall be no showcase windows, outdoor storage of equipment and vehicles, display of merchandise, or other activities related to a commercial use other than the allowable signage and associated uses as previously outlined for the DROD district.

2.

Any architectural changes to a residential structure converted to a commercial/office use shall be consistent with and in character with the surrounding residential buildings in the DROD.

7.24.07 Plan submittal

1.

A set of plans addressing the sections and sub-sections above shall be submitted to the development review committee (DRC) for their approval. Any issues not specifically addressed within this ordinance shall be reviewed on a case-by-case basis by the DRC for consistency with the intent of this ordinance.

(Ord. No. 1510, § II, 12-7-99; Ord. No. 1753, § I, 3-15-2005; Ord. No. 1762, § II, 9-6-2005; Ord. No. 2013-2017, § 1, 9-4-2013)