Palm Bay City Zoning Code
PART 1
GENERAL PROVISIONS
§ 173.001 APPLICATION.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, and/or reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located, or as otherwise provided for in this chapter.
(Ord. 2024-33, passed 9-19-24)
§ 173.002 ZONING DISTRICTS ESTABLISHED.
The city is divided into zoning districts as described in this chapter and as shown on the official zoning map of the city. The zoning districts implement the future land use categories as follows. However, not all the zoning districts listed under a future land use category are presumed to be appropriate for a site with that particular future land use designation. The factors listed in § 172.022 (Zoning Map Amendments) need to be met in order to approve the zoning map amendment request. Planned unit developments (PUDs) are allowed within all Future Land Use Map categories, provided the rezoning request meets the requirements of Chapter 172, Part 4 and is consistent with the Comprehensive Plan.
Future Land Use Category | Zoning Districts |
Future Land Use Category | Zoning Districts |
RSF - Rural Single-Family | GU - General Use Holding District |
LDR - Low Density Residential | RR - Rural Residential RE - Estate Residential SRE - Suburban Residential Estate RS-1 - Single-Family Residential RS-2 - Single-Family Residential RS-3 - Single-Family Residential |
MDR - Moderate Density Residential | RT-10 - Residential Transition RMH - Residential Mobile Home |
HDR - High Density Residential | RM-15 - Multiple-Family Residential RM-20 - Multiple-Family Residential |
NC - Neighborhood Center | RT-10 - Residential Transition RM-15 - Multiple-Family Residential NC - Neighborhood Commercial RC - Restricted Commercial OP - Office Professional |
CMU - Community Mixed Use | CMU - Community Mixed Use |
UMU - Urban Mixed-Use | CMU - Community Mixed Use UMU - Urban Mixed Use |
PRO - Professional Office | OP - Office Professional |
COM - Commercial | NC - Neighborhood Commercial CC - Community Commercial GC - General Commercial HC - Highway Commercial |
IND - Industrial | LI - Light Industrial & Warehousing HI - Heavy Industrial |
PSP - Public/Semi-Public | IU - Institutional |
UTL - Utilities | IU - Institutional |
ROS - Recreation & Open Space | IU - Institutional |
CON - Conservation | C - Conservation |
PFU - Parkway Flex Use | PUD - Planned Unit Development required |
SPA - Special Planning Area | PUD - Planned Unit Development required |
RAC - Regional Activity Center | PUD - Planned Unit Development required |
(Ord. 2024-33, passed 9-19-24)
§ 173.003 ZONING MAP.
(A) Identification of official map. The official zoning map shall be identified by the signature of the Mayor attested by the City Clerk under the following: "This is to certify that this is the official zoning map referred to in the Palm Bay Zoning Ordinance," together with the date of adoption of this chapter.
(B) Changes in district boundaries. If, in accordance with the provisions of this chapter and other applicable law, changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by City Council. The official zoning map shall contain a listing by date and ordinance or resolution number of all changes.
(C) Final authority as to zoning status. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map shall be kept under the responsible charge of the City Manager or designee and shall be the final graphic authority as to the current zoning status of all lands, waters and structures in the city. However, the legal description of all zoning or rezoning ordinances or resolutions, if applicable, shall be the final legal authority as to the zoning status of land.
(D) Replacement of official zoning map. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning code or any subsequent amendment thereof. Unless the prior official zoning map has been lost, or has been destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.
(E) Retention of earlier zoning map. All zoning maps or remaining portions thereof which have had official force and effect in the city prior to the effective date of this chapter shall be retained as a public record and as a guide to the zoning status of lands and water under the jurisdiction of the city prior to the adoption of this chapter.
(F) Updating zoning base maps. From time to time the zoning base map(s) may be updated to reflect new annexations, streets, or subdivisions formally approved by the City Council without further official action by the Council. No revision of zoning boundaries is permitted except by ordinance.
(G) Changes to map. No zoning changes shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under this chapter.
(H) Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map or the future land use map, the following rules shall apply.
(1) Boundaries indicated as approximately following the centerline of streets, highways, alleys, or rights-of-way shall be construed as to follow such centerlines. In the event a right-of-way is vacated, the district boundary shall be construed as remaining in its location except when ownership of the vacated street is divided other than at the center in which case the boundary shall be construed as moving with the ownership.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) Boundaries indicated as following bulkhead or shorelines shall be construed to follow such bulkhead lines or shore lines, and in the event of change the bulkhead or shoreline shall be construed as moving with the newly established bulkhead line or the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
(6) Boundaries that are indicated as entering any body of water, but not continuing to intersect with other zoning boundaries shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning districts.
(7) Boundaries indicated as parallel to, or extensions of features indicated in divisions (A) through (F) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(8) Where discrepancies exist between natural or manmade features existing on the ground and with those shown on the official zoning map or in other circumstances not covered by the above provisions, the City Manager or designee shall interpret the district boundaries. Appeal shall be pursuant to § 172.014.
(I) Lots in two (2) districts. Where a district boundary line as established in this chapter or as shown on the zoning map divides a lot which was of single ownership and of record at the time of this chapter. The zoning district boundary line may be considered as running along the property line, provided the movement of the boundary line shall not be more than fifty (50) feet in either direction.
(J) Annexed territory. The zoning classification of all property which may hereafter be annexed to the city shall be determined by the City Council after review and recommendation of the Planning and Zoning Board at the time of annexation.
(Ord. 2024-33, passed 9-19-24)