(a)

The site plan review process shall be applied to all developments in the RM-15, CL, and CT zoning districts and is established to:

(1)

Encourage more efficient and creative development, consistent with the municipal comprehensive plan;

(2)

Foster an economical and concentrated arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically pleasing living environments on properties of adequate size, shape and location;

(3)

Preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional greenspace; and

(4)

Ensure that development will occur according to limitations of use, design, height, density and intensity as stipulated in the applicable zoning district as shown on an approved site plan.

(5)

Encourage the incorporation of low impact development practices to further the goals of the town's NPDES permit.

(b)

The site plan review process is a flexible process intended to provide an appropriate balance between the intensity of development and the ability to provide adequate capacity within the applicable zoning district.

(Ord. No. 96-449, § I, 6-13-1996; Ord. No. 2004-595, § I, 11-11-2004; Ord. No. 2015-766, § 1, 11-12-2015)

(a)

In order to accomplish the goals and objectives of the comprehensive plan to ensure that the character of the town is maintained and protected that are compatible architecturally while maximizing the potential for economic benefit resulting from the tourist trade and the enjoyment of natural and manmade resources by citizens and visitors alike and minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation, the following design considerations will be considered by the town when approving or disapproving the applications for all new projects and all substantial improvement, redevelopment and revitalization of existing projects:

(1)

A creative approach to site layout and design that will take advantage of the existing natural assets of the site while promoting harmony with the type and style of existing adjacent developments and community facilities.

(2)

Clustering of other nontraditional building and site layout to better utilize open space, increase efficiency of ancillary facilities and improve onsite and site-to-site traffic circulation.

(3)

Adequate separation and buffering between residential and nonresidential uses within the same development when such mixture is unavoidable.

(4)

Group development or clustering of smaller commercial units to make the best use of required off-street parking space, to improve onsite circulation and traffic flow and to minimize points of entry onto Gulf Boulevard.

(5)

Any increase in landscaped open area over and above the minimum requirements when used to improve the appearance of the project or increase compatibility with existing developments in the area.

(6)

Projects shall be reviewed by the planning and zoning board for architectural compatibility and pedestrian and bicycle friendliness. An advisory recommendation will be given to the applicant for consideration in constructing the development or redevelopment.

(b)

The minimum standards listed below shall be incorporated into all new construction projects, additions, and substantial improvements. All projects shall be reviewed by the town's planning and zoning board for compliance and approval shall be made by the town's board of commissioners.

(1)

Sloped roofs: All new roofs shall be sloped. For buildings two stories plus parking and below, the slope shall be between three inches and six inches of rise to 12 inches of run. All other buildings shall be sloped between five inches and six inches of rise to 12 inches of run. Mansard roofs are acceptable provided no portions of the flat roof beyond are visible.

(2)

Location and style of windows/doors: The style of windows/doors on the side of the building shall match that of the front (street side) and back elevations. Side elevations shall have at least one window or glass door every 20 feet maximum per floor. Half light to full glass doors are acceptable glass doors.

(3)

Size of windows: The size of windows including the frame shall be a minimum of nine square feet. Bathroom windows are exempt from the nine square feet provided they are on the sides of the building.

(4)

Pedestrian and bicycle friendliness: Placement of parking and drives shall be designed to allow safe passage of pedestrians and bicycles along Gulf Boulevard. All sidewalks/walkways shall be separated from the parking lot with a pervious surface of not less than two feet.

(5)

Roof finish: The roof finish shall be either tile or architectural metal (standing seam, etc.) for buildings greater than 30 feet in height. In addition to the tile and architectural metal, asphalt shingles are permitted on buildings less than or equal to 30 feet in height.

(6)

Dumpster locations: The following applies for all new construction. Dumpsters shall be located within a building. The use of a fence is not acceptable.

(7)

Color: The use of multiple colors shall be present. Not less than four colors shall be used on buildings greater than 30 feet in height or greater. Not less than two colors shall be used on buildings less than or equal to 30 feet in height. The contrast shall be clearly different from each other and shall not clash. Multiple colors may be differentiated by walls, trim, window frames, railings, roofs, etc.

(8)

Front and side elevations: The front and side elevations shall not continue more than 25 feet without an architectural break in the facade both horizontally and vertically. The intent is to eliminate the square/box building form on all sides.

a.

The following horizontal breaks are acceptable:

1.

Horizontal decorative trim/banding (four inch minimum height x one-inch minimum depth). The banding shall be allowed to protrude into the setback six inches maximum provided there is ten feet minimum clearance between any adjacent property building or structure.

2.

Roof overhangs. One-foot minimum and may project into the setback up to three feet six inches.

3.

Balconies. Balconies may project into existing side and front setbacks three-foot-six-inch maximum provided the balcony is less than or equal to eight feet wide and there is a ten-foot minimum clearance between any adjacent property building or structure. The balcony shall have a decorative guardrail. Solid guardrails/half walls are not permitted. The balcony must have a break at each floor.

4.

Bay windows. Bay windows may project into existing side and front setbacks three-foot-six-inch maximum provided the bay window is less than or equal to eight feet wide and there is ten-foot minimum clearance between any adjacent property building or structure. The bay window must have a break at each floor with a roof matching the rest of the building.

b.

The following vertical breaks are acceptable:

1.

Columns. Columns with the minimum dimension of eight inches: round or square.

2.

Balconies: Balconies may project into existing side and front setbacks three-foot-six-inch maximum provided the balcony is less than or equal to eight feet wide and there is ten-foot minimum clearance between any adjacent building or structure and not into the minimum five-foot side setback. The balcony shall have a decorative guardrail. Solid guardrails/half walls are not permitted. The balcony must have a break at each floor.

3.

Change/step in wall. The wall change/step shall be deeper than three feet for buildings less than or equal to 30 feet in height and deeper than five feet for buildings greater than 30 feet in height. The minimum change/step in wall shall be ten feet wide. The change/step shall be clearly visible from the street.

(9)

Landscaping: Landscape design needs to be used to soften the architectural forms and incorporate a naturalistic approach, i.e., curvilinear bed lines, plant clusters and/or groupings. Provide two palm trees minimum for every 40 feet of street frontage. Removal of undesirable species as defined in the Pinellas County (sic) is required. The following point system shall be used to determine the landscaping requirements.

a.

For each acre of the buildable area of the property 480 points minimum per acre of buildable area or prorated portion shall be accumulated. At least half of the 480 points shall include points for trees with the landscaped associated area and at least half the 480 points for general landscaping. When sod is utilized, credit shall not be given for more than 50 percent of the general landscaping requirements or for more than 25 percent of the total landscaping requirements.

b.

Of the required points, at least half shall be accumulated with native vegetation.

c.

One hundred square feet of landscape material shall equal ten points. One hundred square feet of sod shall equal five points.

d.

The following point schedules shall be utilized for preserved trees:

(Ord. No. 96-449, § II, 6-13-1996; Ord. No. 2004-595, § II, 11-11-2004; Ord. No. 2005-603, § I, 3-10-2005)

(a)

The following statement shall be included on the site plan:

"The Town of North Redington Beach, Florida, has been identified by the Federal Emergency Management Agency as a "special flood hazard area."

(b)

The procedure for receiving, reviewing and approving a development request shall begin by filing an application by or on behalf of the owner with the building official, together with the filing fee as set by resolution of the board of commissioners. After determination of completeness, ten copies of a site plan shall be submitted along with the application. At a minimum the site plan shall include:

(1)

Name of the project, name of owner, applicant, if applicable, engineer, architect or surveyor with addresses and telephone numbers; date; north arrow; scale and legal description.

(2)

Boundaries of the property, property lines, or legal restrictions and any existing site features such as buildings, rights-of-way, paving, fire hydrants, water, sewer, drainage, recreation, greenspace and outdoor lighting. The site plan shall show clearly and completely all necessary dimensions.

(3)

Location of proposed facilities, including but not limited to, buildings, off-street vehicular use areas, parking spaces, pedestrian ways, retention/detention ponds, easements, road rights-of-way, paving, fire hydrants, water/sewer/drainage, recreation areas, greenspace and outdoor lighting.

(4)

Architectural elevations are required.

(5)

List of permitted principal uses and accessory uses.

(6)

Maximum number of residential units and resulting per acre density; maximum gross floor area of nonresidential uses.

(7)

Computation of the total acreage of the site, maximum building coverage and minimum pervious landscaped area.

(8)

Maximum building height.

(9)

Required setbacks.

(10)

Location of mean high water line, coastal construction control line or erosion control line, if established.

(11)

Approximate location of refuse collection facilities, including screening.

(12)

Location of signs, fences, walls, landscape strip and trees.

(13)

Size and required number of parking spaces; location of tree islands in parking areas.

(14)

Identification of the name, plat book and page number of any recorded subdivision plat comprising all or part of the site and a copy of any proposed plat or replat.

(15)

Proposed development schedule and phasing, if a multiphase project.

(16)

Any document creating or governing the organization that will control the common areas and accessory uses. The controlling document shall provide for adequate means of maintaining the common areas and accessory uses, including streets, parking areas and utilities.

(17)

A list of any items that do not comply with the current zoning code.

(Ord. No. 96-449, § III, 6-13-1996; Ord. No. 2000-541, § XVII, 9-7-2000; Ord. No. 2004-595, § III, 11-11-2004; Ord. No. 2005-599, § VII, 2-10-2005; Ord. No. 2017-793, § 1, 12-14-2017)

(a)

Submittal of application. The applicant shall submit the site plan to the building official for distribution to administration staff as appropriate. This application shall satisfy the submittal requirements of section 98-93.

(b)

Determination of completeness. Within ten working days after receipt of an application for site plan review, the town staff shall make a determination whether the application contains all required information. In the event that the staff determines that the application is not complete, the staff shall advise the applicant in writing of the areas of insufficiency and shall specify the additional information and level of detail required to declare the application complete. The applicant shall resubmit the site plan application based upon the additional information requested by the staff. Upon a determination of completeness, the staff shall refer the application to the planning and zoning board for review and comment.

(c)

[Planning and zoning board review.] Within 20 working days the planning and zoning board shall review the site plan and prepare a recommendation for the board of commissioners. During the review process, the applicant and the board shall work to ensure that the general design standards are met. The review process allows the applicant and board to adapt and modify the site plan within limits of flexibility as defined in this article. Final locations of buildings, entrances, parking areas, greenspace, recreational areas, accessory uses and structures to achieve the intent of the applicable zoning classification shall be accomplished during this review process between the applicant and the board. After the applicant and board complete the site plan review, the board shall prepare a statement of findings and a recommendation to the board of commissioners. The recommendation shall be:

(1)

Approve as submitted.

(2)

Approve with conditions, as identified.

(3)

Disapprove the application.

(Ord. No. 96-449, § IV, 6-13-1996; Ord. No. 2000-541, § XVII, 9-7-2000; Ord. No. 2004-595, § IV, 11-11-2004; Ord. No. 2017-793, § 2, 12-14-2017)

(a)

The board of commissioners shall review the planning and zoning board's statement of findings and recommendation, including any conditions, plans, and related materials at the first public meeting held after receipt of the staff recommendation, except that the board of commissioners shall have at least five working days to review the site plan and the staff recommendation prior to the meeting.

(b)

At the conclusion of the site plan review at the public meeting, the board of commissioners shall make a determination with regard to the acceptability of the site plan and the appropriateness of the development for the particular issue involved. If the site plan and the location are deemed to be acceptable and appropriate, the board of commissioners shall approve the site plan as recommended by the planning and zoning board, approve it with additional conditions or disapprove the site plan. The mayor and town clerk shall date and sign the site plan upon approval.

(c)

If the board of commissioners approves the site plan with conditions, the applicant has 30 days from the decision to submit ten copies of the revised site plan to the town clerk that incorporates all conditions imposed by the board of commissioners. The conditions of approval must be written on the site plan or contained in accompanying documentation. The mayor shall administratively determine if the revised site plan adequately incorporates the conditions imposed by the board of commissioners. If the developer fails to submit the revised site plan within 30 days of the approval with conditions or fails to adequately incorporate the required conditions, the site plan shall be null and void and of no further force and effect.

(d)

Upon submission of construction plans, Pinellas County shall issue a building permit if the construction plans are in conformance with the approved site plan and applicable conditions.

(e)

If the site plan is denied, the entire application and submittal requirements and procedures shall be followed by the applicant for a new site plan.

(f)

Notice of all public hearings before the commission for approval or amendment of a site plan shall be given by the publication of the time, date and purpose of the hearing, one time, not more than two nor less than one week prior to the hearing and by mailing a copy of the notice addressed to the owners of property within 300 feet within each direction.

(Ord. No. 96-449, § V, 6-13-1996; Ord. No. 99-533, § I, 1-13-2000; Ord. No. 2000-541, § XVII, 9-7-2000; Ord. No. 2004-595, § V, 11-11-2004)

It is the intent of this article that a site plan approval shall remain valid only for a period of 12 months, unless a permit is issued within 12 months of such approval. Therefore, the following shall apply:

(1)

Single-phase projects. The site plan approved for a single-phase project shall remain valid only for a period of 12 months unless a building permit or construction plan approval for the project are obtained within 12 months from the date of site plan approval and construction continues in good faith, in accordance with the site plan.

(2)

Multiphase or multibuilding projects.

a.

The site plan for a multiphase or multibuilding project shall remain valid only for a period of 12 months unless a building permit or construction plan approval is obtained for the first phase or building within 12 months from the date of the site plan approval and construction continues in good faith thereafter in accordance with the approved site plan and permit.

b.

Each subsequent phase or building to be constructed must receive a building permit or construction plan approval within one year of the site plan approved anniversary date of the preceding phase or building (for which a permit was obtained and for which construction has continued in good faith) and construction continues in good faith in accordance with the approved site plan and permit.

c.

Permits for all subsequent phases or buildings issued pursuant this article shall be issued in accordance with the original site plan. Any site plan for which construction has not commenced pursuant to this section shall become void, and a new site plan meeting all current standards required for site plan approval shall be submitted and approved prior to further development being authorized.

(3)

Extension of any site plan approval. The board of commissioners may authorize the extension of any site plan approval for additional six-month periods, provided development regulations have not changed so as to impose new or additional requirements on the site plan. If such requirements exist, a new site plan meeting all current regulations shall be submitted for review prior to site plan approval. All such requests must be received by the town prior to the expiration of the site plan.

(Ord. No. 96-449, § VI, 6-13-1996; Ord. No. 2004-595, § VI, 11-11-2004)

Changes to an approved site plan may be permitted by the mayor provided the changes are determined to be nonsubstantial. When a proposed change meets or exceeds any of the following criteria, thereby constituting a substantial change, such change shall be processed in the same manner as the original submittal. However, any amendment, change or alteration required by permit conditions from any regulatory agency having jurisdiction over the development shall be presumed not to be a substantial change. For the purposes of this article, a substantial change shall be deemed to exist where there:

(1)

Is a proposed increase in the total number of dwelling units;

(2)

Is a decrease of the acreage set aside for greenspace;

(3)

Is a change in the location of the parking area that negatively impacts a surrounding residential neighborhood; or

(4)

Is any change in a condition required by the board of commissioners as part of the site plan approval.

(Ord. No. 96-449, § VII, 6-13-1996; Ord. No. 2000-541, § XVII, 9-7-2000)

During the process of reviewing site plans, land use amendments and/or zoning changes, the town may consider and enter into a development agreement with any person having a legal or equitable interest in real property located in the town.

(Ord. No. 2005-604, § I, 3-10-2005)

(1)

Before entering into, amending, or revoking a development agreement, the town shall conduct at least two public hearings. The first shall be before the planning and zoning board and the second shall be before the town commission.

(2)

(a)

Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation and readership in Pinellas County. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

(b)

The notice shall specify the location of the land subject to the development agreement; the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.

(Ord. No. 2005-604, § I, 3-10-2005)

(1)

A development agreement shall include the following:

(a)

A legal description of the land subject to the agreement, and the names of its legal and equitable owners;

(b)

The duration of the agreement;

(c)

The development uses permitted on the land, including population densities, and building intensities and height;

(d)

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

(e)

A description of any reservation or dedication of land for public purposes;

(f)

A description of all local development permits approved or needed to be approved for the development of the land;

(g)

A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations;

(h)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and

(i)

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction.

(2)

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

(3)

The duration of a development agreement shall not exceed five years. It may be extended by mutual consent of the town and the developer, subject to a public hearing in accordance with this section. No development agreement shall be effective or be implemented by a town unless the comprehensive plan and plan amendments implementing or related to the agreement are found in compliance by the Florida Department of Community Affairs in accordance with F.S. §§ 163.3184, 163.3187, or 163.3189.

(4)

The laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.

(5)

The town may apply subsequently adopted ordinances and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined:

(a)

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

(b)

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(c)

They are specifically anticipated and provided for in the development agreement;

(d)

The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(e)

The development agreement is based on substantially inaccurate information supplied by the developer.

(6)

The town shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the town finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the town.

(7)

Within 14 days after entering into a development agreement, the town shall record the agreement with the clerk of the circuit court. A copy of the recorded development agreement shall be submitted to the Florida Department of Community Affairs within 14 days after the agreement is recorded. A development agreement shall not be effective until it is properly recorded in the public records of the county and until 30 days after having been received by the Florida Department of Community Affairs pursuant to this subsection.

(8)

Prior to issuance of a building permit for the property, the owner shall record a deed restriction encumbering the property, which deed restriction shall be approved as to form by the town attorney (which approval shall not be unreasonably withheld) and which will generally describe the development limitations of the development agreement. The deed restriction shall be perpetual and may be amended or terminated only with the consent of the town, which consent shall not be unreasonably withheld.

(Ord. No. 2005-604, § I, 3-10-2005)