(a)

For the purposes of this chapter, there is hereby created the official zoning map of the town, which shall have entered upon it the following: "This is to certify that this map supersedes the official zoning map dated (date of original zoning map) as subsequently amended and is hereby declared to be the official zoning map of the Town of North Redington Beach referred to in chapter 98, section 98-151," which statement shall be signed by the mayor, attested by the town clerk and dated as of the effective date of the ordinance from which this chapter was derived.

(b)

The zoning map of September 20, 1999, is hereby designated the official zoning map referred to in subsection 98-151(a).

(Code 1985, § 22-136; Ord. No. 95-443, § I, 12-14-1995; Ord. No. 99-528, § I(22-136), 12-9-1999)

(a)

In the event of amendment, supplementation or other change of district boundaries or of other matter portrayed on the official zoning map, after the amendment has been duly enacted by the board of commissioners, the following entry shall be made, which entry shall be signed by the mayor and attested by the town clerk:

"On _______, by official action of the board of commissioners, the following changes were made in the official zoning map: (brief description of change or changes)."

(b)

No amendment of this chapter which involves matter portrayed on the official zoning map shall become effective until after such changes and entry shall have been made on the map.

(Code 1985, § 22-137)

Regardless of the existence of purported copies of the official zoning map which may be made from time to time, the official zoning map, prepared, signed and attested to as provided in this division, shall be the final authority as to current zoning status of lands and structures and uses thereof in the town.

(Code 1985, § 22-138)

Any area within the town limits that for any reason is not shown on the official zoning map shall be considered to be shown for RS-150 single-family residential dwelling use only and shall be governed by the rules set forth in this article for RS-150 single-family residential dwelling district.

(Code 1985, § 22-139)

(a)

There are hereby created the following zoning districts:

(1)

RS-150 residential single-family;

(2)

RS-60 residential single-family;

(3)

RM-15 residential multifamily;

(4)

CT commercial tourist;

(5)

CL light commercial;

(6)

PO public ownership;

(7)

AL aquatic land.

(b)

Below is a list of the zoning districts and their compatible land use categories.

* When applied with the RFO

(Code 1985, § 22-140; Ord. No. 2008-671, § I, 7-10-2008)

The depths of the lots in light commercial district on the east side of Gulf Boulevard are as follows:

(1)

Northerlymost lot from Gulf Boulevard to the boundary between the Wine Cellar and Town Hall.

(2)

The area bordered by 171st Avenue and 173rd Avenue from Gulf Boulevard to a depth of 150 feet.

(3)

The area bordered by the 170th Avenue and 171st Avenue from Gulf Boulevard to a depth of 100 feet.

(4)

North Redington Beach Section A Block A from Gulf Boulevard to a depth of 100 feet.

(5)

All of Lots 1, 12 and 13 of Block C, North Redington Beach Section A.

(6)

All of Lots 1, 8 and 9 and the westerly portion of Lot 7 of North Circle Replat.

(7)

The area bordered by Bath Club Circle south and Bath Club Concourse from Gulf Boulevard east to a depth of 110 feet.

(8)

All of Lots 1, 7 and 8 of Bath Club Estates.

The purpose and intent of the RS-150 residential single-family district is to provide for low density single-family residential development at a density less than the RS-60 district in the town according to an adopted land use plan, to protect these residential neighborhoods from nonresidential uses.

(Code 1985, § 22-151)

No building or structure shall be erected, altered or used, nor shall any land or water use be permitted, except for residential uses, limited to:

(1)

Single-family detached residential dwellings;

(2)

Residential accessory uses, limited to:

a.

Noncommercial uses and structures which are customarily and clearly incidental and subordinate for the type of structure authorized;

b.

Private docks; prohibited is the docking or mooring of commercial vessels, commercial hauling, and commercial uses;

c.

Private swimming pools, tennis courts, shuffleboard courts or other similar private recreational accessories;

d.

Private garages or carports integral with the dwelling served thereby.

(Code 1985, § 22-152; Ord. No. 96-448, § II, 6-13-1996; Ord. No. 99-531, § III, 1-13-2000)

The property development regulations for permitted uses for minimum lot area and dimensions are as follows:

(1)

Area: 15,000 square feet;

(2)

Width: 90 feet, minimum frontage 40 feet;

(3)

Depth: 100 feet.

(Code 1985, § 22-153; Ord. No. 97-490, § I(1), 10-9-1997)

The property development regulations for permitted uses for minimum yard setback requirements are as follows:

(1)

Front: 25 feet;

(2)

Side: 10 feet;

(3)

Rear: 25 feet.

(Code 1985, § 22-153; Ord. No. 97-490, § I(2)(a)—(c), 10-9-1997)

The property development regulations for permitted uses for setback area requirements are as follows:

(a)

Sills, eaves/roof overhangs, cornices, chimneys or flues, attached to the main structure may project no more than two feet into the setback area, but in no event shall there be less than a seven-foot setback.

(b)

Air conditioning condensing units and electrical generator units may project a maximum of four feet into the side setback area provided the structure is no more than eight feet in length and four feet in width. If elevated above ground level, the minimum height of the bottom of the platform will be seven feet cantilevered into the setback from the main structure or in lieu of cantilevering, the supporting structure may be enclosed and substituted for a shed in one side setback only provided it is constructed of concrete block or other fire resistant construction.

(c)

One platform required by a utility company may encroach a maximum of five feet into the side setback area provided that the structure strictly complies with the minimum requirements of the utility company. Under no circumstances may the utility meter box exceed the minimum height off the ground required by the utility company when a platform is also required.

(Ord. No. 97-490, § I(2)(d), 10-9-1997; Ord. No. 2005-617, § 1, 11-10-2005; Ord. No. 2005-618, § II, 12-8-2005; Ord. No. 2007-655, § I, 11-8-2007)

The property development regulations for maximum height of buildings for permitted uses is 30 feet.

(Code 1985, § 22-153(3)(a))

(a)

For any residential structure, the floor of any enclosed area including a garage or storage room and any point beneath the building which is capable of access will be at least one foot above street grade. Fill immediately adjacent to the exterior of the structure wall will be graded to provide water runoff to the bay or to the streets and drainage structures. The runoff will traverse other public or private property only through established drainage easements.

(b)

All exterior building foundation walls shall be solid, opaque and fully enclosed below the base flood elevation along the entire perimeter of the foundation and be carried down to grade level. The walls will be designed to allow for entry and exit of floodwater to automatically equalize hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a professional engineer or meet the following minimum criteria:

(1)

A minimum of two openings having a total net area of no less than one square inch for every square foot of enclosed area subject to flooding will be provided.

(2)

The bottom of all openings will be no higher than one foot above grade adjacent to the exterior of the structure.

(3)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

(Code 1985, § 22-153(3)(b))

The property development regulation for maximum lot coverage is 50 percent of the lot area.

(Code 1985, § 22-153(4))

The property development regulation for minimum dwelling floor area requirement is 1,400 square feet, exclusive of open porches, breezeways, patios, utility rooms and garages.

(Code 1985, § 22-153(6))

The property development regulation for the minimum off-street parking requirement is two spaces per unit.

(Code 1985, § 22-153(7))

For structures in total compliance with chapter 82 of this Code, the lowest habitable floor will be located at or above the base flood elevation.

(Code 1985, § 22-153(8))

The property development regulation for minimum pervious landscaped area is 50 percent of lot area.

(Code 1985, § 22-153(5))

At least 50 percent of the required minimum pervious area shall be greenspace.

(Code 1985, § 22-153(10))

(a)

Only a single building, roofed over its entire area, shall be constructed on any lot or combination of lots. Additions or improvements shall be compatible in style, architecture and materials with the existing building.

(b)

Toolsheds and storage sheds shall be allowed only if of metal or fire-resistant construction, securely attached to the main structure, protruding not more than four feet therefrom and complying with all lawful regulations pertaining to the main structure. Providing however, that an attached storage shed which does not exceed eight feet in length and eight feet in height and four feet in width may be constructed using a building setback which is four feet less than normally required for other structures.

(c)

Detached structures (tiki huts/gazebos/pergolas/trellis and similar open-sided structures) may be constructed within the buildable area to a height of 12 feet or the height of the building, whichever is less, and must comply with all applicable building and zoning codes. Such structures may only be constructed at least 15 feet from the rear property line and must comport with all other applicable setback requirements. A site plan must be approved by the building department prior to placement or construction.

(Code 1985, § 22-154; Ord. No. 2012-717, § II, 6-14-2012Ord. No. 2014-744, § 1, 3-13-2014; Ord. No. 2015-763, § 1, 7-9-2015; Ord. No. 2022-853, § 1, 10-13-2022)

The purpose and intent of the RS-60 residential single-family district is to provide for low density single-family residential development at a density greater than the RS-150 district in the town according to an adopted land use plan, and to protect these residential neighborhoods from incompatible nonresidential uses which do not conflict with the basic intent of this district.

(Code 1985, § 22-166)

No building or structure shall be erected, altered or used, nor shall any land or water use be permitted, except for residential uses, limited to:

(1)

Single-family detached residential dwellings;

(2)

Residential accessory uses, limited to:

a.

Noncommercial uses and structures which are customarily and clearly incidental and subordinate for the type of structure authorized;

b.

Private docks; prohibited is the docking or mooring of commercial vessels, commercial hauling, and commercial uses;

c.

Private swimming pools, tennis courts, or other similar private recreational accessories;

d.

Private garage or carports integral with the dwelling served thereby.

(Code 1985, § 22-167; Ord. No. 96-448, § III, 6-13-1996; Ord. No. 99-531, § II, 1-13-2000)

The property development regulations for permitted uses for minimum lot area and dimensions are as follows:

(1)

Area: 6,000 square feet;

(2)

Width: 60 feet, minimum frontage 35 feet;

(3)

Depth: 100 feet.

(Code 1985, § 22-168(1); Ord. No. 97-490, § II, 10-9-1997)

The property development regulations for permitted uses for minimum yard setback requirements are as follows:

(1)

Front: 20 feet;

(2)

Side: 7.5 feet;

(3)

Rear: 25 feet.

(Code 1985, § 22-168(2); Ord. No. 97-490, § II, 10-9-1997)

(a)

Sills, eaves/roof overhangs, cornices, chimneys or flues, attached to the main structure may project no more than 16 inches into the setback area.

(b)

Mechanical equipment may project a maximum of four feet into the side setback area provided the structure is no more than eight feet in length and four feet in width. If elevated above ground level, the minimum height of the bottom of the platform will be seven feet cantilevered into the setback from the main structure or in lieu of cantilevering, the supporting structure may be enclosed and substituted for a shed in one side setback only provided it is constructed of concrete block or other fire resistant construction.

(c)

One platform required by a utility company may encroach a maximum of five feet into the side setback area provided that the structure strictly complies with the minimum requirements of the utility company. Under no circumstances may the utility meter box exceed the minimum height off the ground required by the utility company when a platform is also required.

(Ord. No. 97-490, § II, 10-9-1997; Ord. No. 2003-566, § I, 5-8-2003; Ord. No. 2005-617, § 2, 11-10-2005; Ord. No. 2005-618, § I, 12-8-2005; Ord. No. 2007-655, § II, 11-8-2007; Ord. No. 2017-782, § 1, 2-9-2017)

The property development regulation for maximum height of buildings is 30 feet.

(Code 1985, § 22-168(3)(a))

(a)

For any residential structure the floor of any enclosed area including a garage or storage room and any point beneath the building which is capable of access will be at least one foot above street grade. Fill immediately adjacent to the exterior of the structure wall will be graded to provide water runoff to the bay or to the streets and drainage structures. The runoff will traverse other public or private property only through established drainage easements.

(b)

All exterior building foundation walls shall be solid, opaque and fully enclosed below the base flood elevation along the entire perimeter of the foundation and be carried down to grade level. The walls will be designed to allow for entry and exit of floodwater to automatically equalize hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a professional engineer or meet the following minimum criteria:

(1)

A minimum of two openings having a total net area of no less than one square inch for every square foot of enclosed area subject to flooding will be provided.

(2)

The bottom of all openings will be no higher than one foot above grade adjacent to the exterior of the structure.

(3)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

(Code 1985, § 22-168(3)(b))

The property development regulation for maximum building coverage is 45 percent of the lot area.

(Code 1985, § 22-168(4); Ord. No. 2003-578, § II, 2-12-2004)

The impervious surface ratio shall not exceed 70 percent.

(Code 1985, § 22-168(5); Ord. No. 2003-578, § III, 2-12-2004; Ord. No. 2020-822, § 2, 9-10-2020)

The property development regulation for minimum dwelling floor area requirement is 1,000 square feet, exclusive of open porches, breezeways, patios, utility rooms and garages.

(Code 1985, § 22-168(6))

The property development regulation for the minimum off-street parking requirement is two spaces per unit. The area for off-street parking and the area used for ingress and egress for the parking area must be a permanent solid surface such as concrete, brick, asphalt, and other comparable surfaces; mulch, rock, gravel and turf block are prohibited.

(Code 1985, § 22-168(7); Ord. No. 2003-578, § IV, 2-12-2004)

For structures in total compliance with chapter 82 of this Code, the lowest habitable floor will be located at or above the base flood elevation.

(Code 1985, § 22-168(8))

At least 50 percent of the required minimum pervious area shall be greenspace.

(Code 1985, § 22-168(10))

(a)

Only a single building, roofed over its entire area, shall be constructed on any lot or combination of lots.

(b)

Additions or improvements shall be compatible in style, architecture, and materials with the existing building. Toolsheds and storage sheds shall be allowed only if of fire-resistant construction, securely attached to the main structure, protruding not more than four feet therefrom and complying with all lawful regulations pertaining to the main structure. Providing however, that an attached storage shed which does not exceed eight feet in length and eight feet in height and four feet in width may be constructed using a building setback which is four feet less than normally required for other structures.

(c)

Detached structures (tiki huts/gazebos/pergolas/trellis and similar structures) may be constructed within the buildable area to a height of 12 feet or the height of the building, whichever is less, and must comply with all applicable building and zoning codes. A site plan must be approved by the building department prior to placement or construction.

(Code 1985, § 22-169; Ord. No. 2012-717, § III, 6-14-2012; Ord. No. 2014-745, § 1, 5-8-2014; Ord. No. 2015-761, § 1, 7-9-2015; Ord. No. 2022-845, § 1, 4-14-2022)

The purpose and intent of the RM-15 residential multifamily district is to provide for areas of medium density multifamily development in the town according to an adopted land use plan and to allow other nonresidential uses compatible with the residential character and intent of this district.

(Code 1985, § 22-181)

No building or structure shall be erected, altered or used, nor shall any land or water use be permitted, except for one or more of the following:

(1)

Single-family detached residential dwellings;

(2)

Single-family attached residential dwellings;

Single-family attached developments will be subject to site plan review, approval and final platting in accordance with article III of this chapter, site plan review process.

(3)

Multifamily residential dwellings;

(4)

Residential accessory uses, limited to:

a.

Noncommercial uses and structures which are customarily and clearly incidental and subordinate for the type of structure;

b.

Private docks; prohibited is the docking or mooring of commercial vessels, commercial hauling, and commercial uses;

c.

Private swimming pools, tennis courts, shuffleboard courts or other similar private recreational accessories;

d.

Private parking lots or garages for the suitable accommodation of the multifamily dwelling units;

e.

Private clubs, centers, meeting halls;

f.

Temporary sales office. A building, room or space in a multifamily residential development, where activities relating to the marketing and sales are performed solely for the marketing and sales of units within the same development and which activities will terminate six months after a certificate of occupancy is issued for the last building.

(Code 1985, § 22-182; Ord. No. 96-448, § IV, 6-13-1996; Ord. No. 98-495, § II, 1-8-1998; Ord. No. 99-531, § IV, 1-13-2000)

Property development regulations for permitted uses for single-family dwellings are as follows:

(1)

Single-family detached dwellings shall conform to the requirements of the RS-60 residential single-family district, division 3 of this article.

(2)

Single-family attached residential dwellings shall be as provided in this division.

(Code 1985, § 22-183(1); Ord. No. 96-448, § V, 6-13-1996)

The property development regulations for multifamily dwellings and structures containing single-family attached dwellings are as follows:

(1)

Minimum lot area and dimensions. The minimum lot area and dimensions are:

a.

Area: 7,500 square feet, not to exceed a density of 15 dwelling units per acre;

b.

Width: 70 feet for the first two units plus ten feet for each additional dwelling unit through five. Five or more families, 100 feet;

c.

Depth: 100 feet.

(2)

Minimum yard setback requirements. The minimum yard setbacks are:

a.

Front: 25 feet;

b.

Side: 10 feet;

c.

Rear: 25 feet.

(3)

Minimum distance between multifamily structures. The minimum distance between multifamily structures is 20 feet.

(4)

Miscellaneous building requirements.

a.

Height. The maximum height of a building is 36 feet. No structure shall have more than two stories of habitable living area.

b.

Use of garage for habitation. Under no circumstances shall any part of a garage be designed, constructed or used for habitation purposes such as sleeping quarters, living rooms, recreation rooms, a study, bathrooms, cooking or eating arrangements or similar use.

c.

Drainage and floodproofing. For any residential structure, the floor of any enclosed area including a garage or storage room and any point beneath the building which is capable of access will be at least one foot above street grade. Fill immediately adjacent to the exterior of the structure wall will be graded to provide water runoff to the bay or to the streets and drainage structures. The runoff will traverse other public or private property only through established drainage easements. All exterior building foundation walls shall be solid, opaque and fully enclosed below the base flood elevation along the entire perimeter of the foundation and be carried down to grade level. The walls will be designed to allow for entry and exit of floodwater to automatically equalize hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a professional engineer or meet the following minimum criteria:

1.

A minimum of two openings having a total net area of no less than one square inch for every square foot of enclosed area subject to flooding will be provided.

2.

The bottom of all openings will be no higher than one foot above grade adjacent to the exterior of the structure.

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

4.

No plumbing facilities, rough-in plumbing, or electrical connections, fixtures or outlets will be installed below the base flood elevation.

d.

Maximum length of building. The maximum length of the building shall be 200 feet.

(5)

Maximum lot coverage. The maximum lot coverage shall be 60 percent of lot area.

(6)

Minimum pervious area. The minimum pervious area shall be 40 percent of lot area.

(7)

Minimum dwelling floor area requirements. Each basic living unit (living room, bedroom, kitchen, bath and associated closet spaces, entryways and storage areas) shall contain at least 750 square feet, and each additional room thereafter shall have a minimum area of 160 square feet.

(8)

Minimum off-street parking. The minimum off-street parking requirements shall be 1½ spaces per dwelling unit with a minimum of four spaces.

(9)

Affordable housing. In all new multifamily developments which total 50 or more units, developers are encouraged by the town to provide units which are affordable to low income families in the ratio of one affordable unit for each 25 units in the development.

(Code 1985, § 22-183(2); Ord. No. 95-429, § I, 9-14-1995; Ord. No. 96-448, § V, 6-13-1996; Ord. No. 2004-581, § I, 2-12-2004)

At least 50 percent of the required minimum pervious area shall be greenspace.

(Code 1985, § 22-183(4); Ord. No. 96-448, § V, 6-13-1996)

The purpose and intent of the CT commercial tourist district is to provide areas for tourist-oriented uses and their activities in the town according to an adopted land use plan, to encourage the development of tourist facilities and the tourist industry and to promote the development of uses compatible with adjacent use districts while maintaining the basic character and intent of the CT commercial tourist district.

(Code 1985, § 22-196)

No building or structure shall be erected, altered or used, nor shall any land or water use be permitted, except for one or more of the following:

(1)

Tourist dwelling units, limited to:

a.

Hotels, condo-hotels, resorts, motels and motor inns;

b.

Similar services for tourists;

c.

At ground level as part of a development containing tourist dwelling units, light commercial business as allowed in the CL zoning district, all structures shall comply with flood regulations for nonhabitable structures below the base flood elevation.

(2)

Residential uses, limited to:

a.

Single-family detached residential dwellings;

b.

Multifamily and single-family attached residential dwellings.

All developments will be subject to site plan review, approval and final platting, in accordance with article III of this chapter, Site Plan Review Process.

(3)

Accessory uses, limited to:

a.

Restaurants, bars and lounges;

b.

Personal service shops and gift shops;

c.

Sports and recreation facilities;

d.

Residential accessory uses, limited to:

1.

Noncommercial uses and structures which are customarily and clearly incidental and subordinate to the type of structure authorized;

2.

Private swimming pools, tennis courts, shuffleboard courts or other similar private recreational accessories;

3.

Private garages or carports integral with dwelling served thereby.

e.

Wireless communication support facility.

f.

Outdoor dining.

(4)

Outside display of retail goods.

a.

Outside display of retail goods offered for sale to the general public may be permitted for no more than 14 days in any calendar year.

b.

A permit is required. A permit for outside display of goods as allowed in subsection (4)a. of this section must be obtained from the town clerk and the fee, if any, paid.

c.

Location and manner of outside display shall not create any blockage or partial blockage of any doorway, sidewalk, or any area normally used by the public for ingress and egress. Goods shall be displayed in a neat and orderly manner. Outside display of goods shall be located as close as possible to the main entry of the business. Outside display shall be limited to one single display rack, bin, stand, casework, shelf-unit or other equipment used for display of goods.

(5)

Temporary sales office. A building, room, or space in a multifamily residential development, where activities relating to the marketing and sales are performed solely for the marketing and sales of units within the same development and which activities will terminate six months after a certificate of occupancy is issued for the last building.

(Code 1985, § 22-197; Ord. No. 95-430, § I, 9-14-1995; Ord. No. 97-475, § IV, 3-13-1997; Ord. No. 98-495, § III, 1-8-1998; Ord. No. 2000-535, § III, 1-13-2000; Ord. No. 2005-602, § III, 5-12-2005; Ord. No. 2009-686, § I, 11-12-2009)

The property development regulations for permitted uses are as follows:

(1)

Single-family detached residential dwellings. Single-family detached residential dwellings shall conform to the following requirements:

a.

Minimum lot area and dimensions:

1.

Area: 20,000 square feet;

2.

Width: 100 feet;

3.

Depth: 200 feet.

b.

Minimum yard setback requirements:

1.

Area bordering a street: 30 feet;

2.

Area bordering waterfront: 30 feet;

3.

Side: 18 feet.

c.

Maximum height of building:

1.

Maximum height of building: 40 feet.

2.

For any residential structure, the floor of any enclosed area including a garage or storage room and any point beneath the building which is capable of access will be at least one foot above street grade. Fill immediately adjacent to the exterior of the structure wall will be graded to provide water runoff to the streets and drainage structures. The runoff will traverse other public or private property only through established drainage easements.

All exterior building foundation walls shall be solid, opaque and fully enclosed below the base flood elevation along the entire perimeter of the foundation and carried down to grade level. The walls will be designed to allow for entry and exit of floodwater to automatically equalize hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a professional engineer or meet the following minimum criteria:

i.

A minimum of two openings having a total net area of no less than one square inch for every square foot of enclosed area subject to flooding will be provided.

ii.

The bottom of all openings will be no higher than one foot above grade adjacent to the exterior of the structure.

iii.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

d.

Maximum lot coverage: 70 percent of lot area.

e.

Minimum pervious area: 30 percent of lot area.

f.

Off-street parking: 4 spaces.

(2)

Multifamily residential and single-family attached dwellings. Multifamily residential and structures containing single-family attached dwellings shall conform as follows:

a.

Minimum lot area and dimensions:

1.

Area: 10,000 square feet;

2.

Width: 100 feet;

3.

Depth: 100 feet.

b.

Minimum yard setback requirements:

1.

Area bordering a street: 25 feet;

2.

Area bordering waterfront: 18 feet from the Coastal Construction Control Line;

3.

Side: 18 feet;

4.

Rear: 15 feet.

c.

Maximum height of building: 60 feet.

d.

Maximum lot coverage: 70 percent of lot area.

e.

Minimum pervious area: 30 percent of lot area.

f.

Off-street parking:

1.

For multiresidential uses, one and one-half spaces for each dwelling unit.

g.

Maximum density: 15 units per acre.

h.

Affordable housing. In all new multifamily developments which total 50 or more units, developers are encouraged by the town to provide units which are affordable to low income families in the ratio of one affordable unit for each 25 units in the development.

(3)

Tourist dwelling units. Tourist dwelling units shall conform as follows:

a.

Minimum lot area and dimensions:

1.

Area: 10,000 square feet;

2.

Width: 100 feet;

3.

Depth: 100 feet.

b.

Minimum yard setback requirements:

1.

(a)

Area bordering a street: 25 feet;

(b)

Ground-level commercial facing Gulf Boulevard: Ten feet for the ground-level floor only, not to exceed 15 feet in height or 40 feet in depth.

2.

Area bordering waterfront: 18 feet from the coastal construction control line;

3.

Side: 18 feet;

4.

Rear: 15 feet.

c.

Maximum height of building: 60 feet.

d.

Maximum lot coverage: 70 percent of lot area. This could be modified if the design standards are met and a negotiated development agreement is in place.

e.

Minimum pervious area: 30 percent of lot area. This could be modified if the design standards are met and a negotiated development agreement is in place.

f.

Off-street parking:

1.

For tourist dwelling units, one space per dwelling unit.

2.

For other nonresidential uses, one parking space per 200 square feet of nonresidential floor area.

3.

Seven off-street automobile parking stalls per 1,000 square feet of gross floor area of a restaurant, lounge or convention center that is a part of any hotel/motel.

4.

In addition to the requirements above, one space for each employee on the largest work shift.

g.

Maximum density: 50 units per acre.

h.

It must be recognized that tourist dwelling units are considered to be a transient use, and not a residential use. It is the intent of this subsection to ensure that tourist dwelling units are operated and governed in the same manner as conventional hotels/motels. Further, this subsection is designed to protect and preserve the density requirements mandated in districts where hotels and motels are allowed, as well as preserving future transient accommodations for tourists. In addition to any existing regulations relating to hotel/motel development found elsewhere in the land development regulations, the following criteria shall apply to all tourist dwelling units.

1.

All tourist dwelling units shall be considered transient accommodation units and must be made available as rentals on a continual daily, weekly or monthly basis. Occupancy of any tourist dwelling may not continue by the same tenants for a period in excess of 120 days in any 12-month period. If the occupancy of any unit does not change more frequently than four times or more in any continuous 12-month period, then a rebuttable presumption shall arise that the unit is not being used as a tourist dwelling unit for transient accommodations.

2.

Tourist dwelling units must be currently licensed by all applicable agencies that license hotels or motels.

3.

A reservation system shall be required as an integral part of the structure containing tourist dwelling units for the rental of units.

4.

There shall be a lobby/front desk area that is internally oriented and must be operated as a hotel/motel.

5.

All units shall be subject to all applicable tourist tax collections.

6.

Tourist dwelling units shall not be used for homesteading purposes or be issued a business tax receipt.

7.

One unit may be used on a full-time basis by a resident manager, and, if applicable, subject to the governance of the condominium association.

8.

All units, except the resident manager unit, must be included in the inventory of units that are available for rent.

9.

All structures containing tourist dwelling units must have sufficient signage viewable by the general public designating the use as a hotel or motel or tourist resort.

10.

Tourist dwelling units may not be occupied by the individual owner(s) of any unit in the development for more than a total of 90 days in any consecutive 12-month period.

11.

The books and records pertaining to the rentals of each tourist dwelling unit shall be open for inspection by representatives of the town, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

12.

The town may require affidavits of compliance with this section from each owner of a tourist dwelling unit. All tourist facilities must submit an evacuation disaster plan for review and approval by the town and Pinellas County Emergency Management.

(4)

Greenspace. At least 50 percent of the required minimum pervious area shall be greenspace.

(5)

Discharge of wastewater into the Gulf of Mexico or onto beach. The discharge of wastewater into the Gulf of Mexico or onto the beach adjacent thereto shall not be allowed except as permitted in subsection (5)a. of this section. Wastewater, as referred to in this subsection shall include, but not be limited to, swimming pool and spa backwash, swimming pool and spa pump downs, stormwater surface drainage runoff, rainwater leader and downspout outfalls and condensate outfalls.

a.

Discharge of wastewater shall be allowed only when the discharge is accomplished by sheet flow in such a manner that the flow traversing the beach sand area will not create washouts, gullies or erosion of the beach sand causing an unsafe condition for use by the public nor create an accelerated erosion of the beach sand.

b.

A permit shall be required and the method of creating the required sheet flow shall be reviewed by the building department. Application for permit to correct existing channel or stream flow must be made within 60 days after adoption of the ordinance from which this section is derived.

(Code 1985, § 22-198(1)—(3), (5), (6); Ord. No. 95-429, § II, 9-14-1995; Ord. No. 2004-580, § I, 2-12-2004; Ord. No. 2005-602, § III, 5-12-2005; Ord. No. 2005-606, § I, 9-8-2005; Ord. No. 2007-646, § VI, 6-14-2007; Ord. No. 2018-797, § 2, 5-10-2018; Ord. No. 2019-815, § 2, 2-13-2020)

The purpose and intent of the CL light commercial district is to provide areas for limited convenience shopping to serve community residential developments according to an adopted land use plan and to require development of such uses as a cohesive unit on contiguous parcels.

(Code 1985, § 22-211)

No building or structure shall be erected, altered or used, nor shall any land or water uses be permitted, except for one or more of the following;

(1)

Light commercial uses, limited to:

a.

Barbershops and beauty parlors;

b.

Restaurants, bars and lounges;

c.

Retail bakery, delicatessen;

d.

Clothing store;

e.

Florist;

f.

Gift shop;

g.

Pharmacy;

h.

Liquor store;

i.

Book, stationery, tobacco shop;

j.

Photography shop or studio;

k.

Tailor shop;

l.

Similar light commercial uses.

(2)

Office uses, limited to:

a.

Real estate;

b.

Travel agency;

c.

Medical, dental and eye doctors, and similar health-related professions;

d.

Professional services such as accountant, architect, engineer, lawyer and like professionals;

e.

Brokerage houses;

f.

Financial institutions;

g.

Similar business offices.

(3)

Tourist dwelling units, limited to:

a.

Hotels, motels and motor inns;

b.

Similar services for tourists.

(4)

All permitted uses as allowed by this section must be totally located and operated entirely within the walls of the structure containing the permitted use except as provided in subsections (5) and (6) of this section and section 6-3 of the Town Code.

(5)

Outside display of retail goods offered for sale shall be as follows:

a.

Generally. One outside display of retail goods offered for sale to the general public is permitted per retail establishment, such display to be limited to seven feet in length and two feet in depth .

b.

Permit required. A permit for outside display of goods larger than as allowed in subsection (5)a. of this section may be issued two times per calendar year per retail establishment for no more than 14 days, such permit to be obtained from the town clerk and the fee, if any, paid.

c.

Location and manner of outside display. The location and manner of outside display shall not create any blockage or partial blockage of any doorway, sidewalk, or any area normally used by the public for ingress and egress. Goods shall be displayed in a neat and orderly manner. Outside display of goods shall be located as close as possible to the main entry of the business. Outside display shall be limited to one single display rack, bin, stand, casework, shelf-unit or other equipment used for display of goods.

(6)

Accessory uses limited to:

a.

Wireless communication support facility.

b.

Outdoor dining.

(Code 1985, § 22-212; Ord. No. 97-475, § V, 3-13-1997; Ord. No. 2000-535, § IV, 1-13-2000; Ord. No. 2009-686, § II, 11-12-2009; Ord. No. 2019-815, § 3, 2-13-2020; Ord. No. 2023-858, § 1, 9-29-2023)

The property development regulations for permitted uses are as follows:

(1)

Tourist uses shall conform to the requirements of the CT commercial tourist district, except:

a.

Maximum height of buildings: 40 feet.

b.

Maximum density: 15 units per acre.

(2)

Light commercial and office uses shall conform as follows:

a.

Minimum lot area and dimensions:

1.

Area: 10,000 square feet;

2.

Width: 100 feet;

3.

Depth: 100 feet.

b.

Minimum yard setback requirements:

1.

Area bordering street: 25 feet;

2.

Rear: 20 feet. Where an alley is adjacent to and abuts the rear lot line, the rear yard setback shall be measured from the centerline of the alley;

3.

Side: 7½ feet, except when adjacent to residentially zoned property, the side yard shall be at least that of the adjacent zoning regulation. When the principal structure is attached by means of a common party wall to an adjacent commercial or industrial structure the side yard requirement shall be waived.

c.

Maximum height of buildings: 40 feet.

d.

Maximum lot coverage: 70 percent of lot area.

e.

Minimum pervious area: 30 percent of lot area.

f.

Minimum off-street parking:

1.

Office: One space for each 250 square feet of gross floor area;

2.

Restaurant/Bar/Lounge: Ten off-street automobile parking stalls per 1,000 square feet of gross floor area for standalone restaurants. Eight off-street automobile parking stalls for restaurants that are part of a mixed-use development, not to include a hotel or motel.

3.

Others: One space for each 200 square feet of gross floor area.

g.

Maximum floor area ratio: 0.40.

h.

Restaurants, bars, and lounges that did not conform to the off-street parking requirements as of September 10, 2009, shall be grandfathered as a legal non-conforming use provided that no additional seating will be allowed without providing the parking required by this section.

i.

When unique circumstances or situations warrant, applicants may request administrative adjustments of up to ten percent for the following:

1.

Minimum number of required off-street parking stalls.

2.

Minimum required dimensions for parking spaces or drive aisles.

Such adjustments will be reviewed by the building official or designee on a case-by-case basis.

(Code 1985, § 22-213(1), (2); Ord. No. 2009-685, §§ I, II, 11-12-2009; Ord. No. 2010-694, § I, 8-12-2010; Ord. No. 2018-797, § 3, 5-10-2018; Ord. No. 2018-801, § 1, 9-13-2018; Ord. No. 2019-815, § 4, 2-13-2020)

At least 50 percent of the required minimum pervious area shall be greenspace.

(Code 1985, § 22-213(4))

The purpose and intent of the PO public ownership district is to provide for public buildings and facilities and public parks according to an adopted land use plan.

(Code 1985, § 22-226)

No building or structure shall be erected, altered or used, nor shall any land or water use be permitted, except for one or more of the following:

(1)

Police station;

(2)

Fire station;

(3)

Library;

(4)

Post office;

(5)

Town hall;

(6)

Parks;

(7)

Similar limited public service or government oriented uses involved with federal, state or local governments;

(8)

Off-street parking. One parking space for each 250 square feet of gross floor area.

(Code 1985, § 22-227)

The property development regulations for permitted uses shall be as follows:

(1)

Minimum lot area and dimensions for structural improvements:

a.

Area: 7,500 square feet;

b.

Width: 70 feet;

c.

Depth: 100 feet.

(2)

Minimum yard setback requirements:

a.

Front: 5 feet;

b.

Side: 5 feet;

c.

Rear: 5 feet.

(3)

Maximum height of buildings: 35 feet;

(4)

Maximum lot coverage: 60 percent of lot area;

(5)

Minimum pervious area: 40 percent of lot area.

(6)

Off-street parking: One space per 200 square feet of floor area.

(7)

Maximum floor area ratio (FAR): 0.65.

(8)

Development standards for parks in the PO zoning district will be as indicated for the recreation/open space countywide plan map category in the countywide rules.

(Code 1985, § 22-228.1(1)—(5), (9); Ord. No. 2008-667, § I, 3-13-2008; Ord. No. 2008-671, § III, 7-10-2008)

At least 50 percent of the required minimum pervious area shall be greenspace.

(Code 1985, § 22-228.1(7))

Unless approved by a referendum, no property owned by the town which provides physical or visual access to shoreline or coastal areas of the town and the surrounding area shall be declared surplus property and made available for removal from public ownership. Property may be exchanged for other property of equal or greater value providing physical or visual access to shoreline or coastal areas.

(Code 1985, § 22-228.2)

The purpose and intent of the AL aquatic land district is to protect, enhance, restore, and expand coastal waterways and coastal wetlands which are subject to tidal action or periodic tidal inundation. Such areas include all beach areas along the Gulf of Mexico, all of Boca Ciega Bay, and are characterized by mangrove stands, native aquatic grasses, and/or sea oats, dune grasses, sea grapes, and other related vegetation found in tidal fringelands and all adjacent coastal waters. Significant deterioration of these areas has already taken place, and it is the intent of this division that no further deterioration be permitted and that restoration of these areas be of prime importance to the town. Any further significant alteration of these lands and waterways would result in irreparable damage to the aquatic ecosystem and its ecological importance to the public.

(Code 1985, § 22-229)

No building or structure shall be erected, altered, or used, nor shall any alteration to the natural flow of tidal waters be permitted, nor shall any land or water use be permitted except one or more of the following, upon showing that such use, building, or structure will not (i) result in a pollution discharge, including fresh water runoff not currently in place, to the waters of the United States, the state, county, and/or the town; (ii) result in injury to the aquatic ecosystem; and (iii) alter the normal ebb and flow of tidal waters.

(1)

Docks and piers when accessory to residential uses, provided that such docks and piers be constructed whenever possible so as to enhance the natural habitat for active aquatic flora and fauna.

(2)

Boating and fishing, in accordance with the provisions of chapter 74 of this Code.

(3)

Construction of marinas shall not be permitted.

(Code 1985, § 22-230; Ord. No. 2008-668, § I, 3-13-2008)

(a)

Upon due application to the town board of commissioners, requests for conditional uses shall be referred to the planning and zoning board for such review as may be required. The planning and zoning board shall make its recommendations regarding the proposed uses subject to the imposition of reasonable and appropriate conditions which are consistent with town and county policy, and which, whenever possible, provide a permanent enhancement to the AL environment.

(b)

Upon favorable action thereon, the following uses may be permitted. However, the permits for such uses shall be subject to or limited by whatever conditions the board of commissioners may place upon the approved application.

(1)

Seawalls, to be built so as to enhance the natural habitat to the fullest extent possible, and in no condition to adversely affect the AL environment.

(2)

Residential docks and piers, per subsection 98-322(3).

(3)

Drainage and runoff control areas and structures, to be constructed as a net enhancement to the AL environment.

(4)

Plantings of mangroves and other native aquatic plants.

(Code 1985, § 22-231)

(a)

These regulations should not conflict with other federal, state, county, and town laws, ordinances and regulations, and to the extent of any such conflict, the latter shall prevail without affecting any other portions of these regulations.

(b)

Development regulations will be established in conjunction with site plan review.

(c)

For any use, building, or structure requiring alteration of the land and/or water, the applicant shall meet the conditions of the site plan requirement of the county regulations, the conditions of permitting set forth in chapter 18 of this Code, all conditions set forth in this chapter, as well as the conditions set forth in this division.

(Code 1985, § 22-232)

(a)

Conservation zone defined. The conservation zone within the AL aquatic land district is that area bordering the Gulf of Mexico and seaward of the Coastal Construction Control Line.

(b)

Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Beach means the zone of unconsolidated material that extends landward from the mean low water line to a place where there is a marked change in material or to the line of permanent vegetation.

Dune means a mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and deposited by any natural or artificial mechanism.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred.

(c)

Dune system required. Within the conservation zone, in addition to the building and zoning requirements and the restrictions contained in the aquatic land district, at the time of any substantial improvement, a system of dunes within the conservation zone must be in place and maintained by the property owner and must be compatible in materials, design, and size with the dune system constructed by the county in the town.

(d)

Exclusion. Any property owner within the conservation zone and participating in the dune system constructed and maintained by the county is excluded from the requirements of this section.

(Code 1985, § 22-233)