Palm Bay City Zoning Code
PART 3
RESIDENTIAL DEVELOPMENT TYPES
§ 173.030 CLUSTER SUBDIVISIONS.
(A) Purpose. The purpose of this section is to permit the clustering of detached or attached single-family home lots in residential developments to promote the protection of open space and environmentally sensitive lands through creative design.
(B) General provisions.
(1) Cluster development shall be processed in conjunction with a subdivision plat.
(2) Cluster development shall comply with all other provisions of the land development code, including site plan/subdivision requirements and all other applicable laws, except as noted in this section.
(3) The tract of land to be subdivided shall be held in single ownership.
(4) The overall project gross residential density shall meet the requirements of the assigned zoning district and future land use category.
(5) Cluster developments may only include the uses permitted in the zoning district assigned to the site and shall be subject to the review process (P or C) noted in § 173.021.
(C) Dimensional standards.
(1) Development size: Ten (10) acres minimum.
(2) Lot size: Six thousand (6,000) sq. ft. minimum.
(3) Lot width: Fifty (50) feet minimum.
(4) Setbacks: The following setbacks shall apply to lots that are fully internal to the site. Lots along the site perimeter shall meet the building setbacks of the district.
(a) Front and side corner setback: Ten (10) feet minimum.
(b) Side: Eight (8) feet minimum.
(c) Rear: Fifteen (15) feet minimum.
(5) Building coverage: Thirty percent (30%) maximum per lot.
(6) Impervious surface ratio: One to five (1:5) maximum for the entire site.
(D) Other standards.
(1) The design of new development should respect the scale and development pattern of existing residential sites abutting the cluster development. Therefore, cluster developments adjacent to individual lots that are zoned for the same or lower density shall not place any lots with reduced sizes immediately adjacent to, or across a local street from those neighboring lots. A lot meeting the adjacent district lot size requirements, or an open space area shall be used in those areas of the site.
(2) Buffering and screening between the cluster development and adjacent sites shall be in accordance with Chapter 175.
(3) The acreage of land saved by applying reduced lot sizes shall be added to the "Protected Open Space" area (see subsection (E), below), which is the area to be protected in perpetuity as a result of the clustering.
(4) A minimum of fifty percent (50%) of the protected open space lands must be contiguous.
(5) Each protected open space tract must be a minimum of fifty (50) feet wide and must have a minimum area of one-half (0.5) acre.
(6) The protected open space may count toward the minimum common open space requirement.
(E) Protected open space standards. For the purpose of this section, protected open space shall mean the portion of the cluster development that has been set aside for permanent protection through the use of an approved legal instrument. The protected open space may include any of the following site features:
(1) Permitted uses. The following uses shall be permitted within the protected open space.
(a) Passive recreation areas;
(b) Paved and unpaved trails; and
(c) Easements for drainage, access, and underground utility lines.
(2) Prohibited uses. The following uses shall be prohibited within protected open space:
(a) Golf courses and driving ranges;
(b) Roads and parking lots; and
(c) Stormwater management facilities.
(3) Ownership and management of protected open space.
(a) The applicant must identify the owner of the protected space who will be responsible for maintaining it and any facilities located thereon.
(b) In conjunction with the subdivision application, the applicant shall submit a plan for management of the protected space that allocates responsibility and guidelines for the maintenance and operation of the protected space and any facilities located thereon, including provisions for ongoing maintenance.
(Ord. 2024-33, passed 9-19-24)
§ 173.031 MULTI-FAMILY DWELLING STANDARDS.
Multiple-family residential developments that include five (5) or more units shall meet the following provisions.
(A) The development shall meet the landscape and buffer requirements of Chapter 175.
(B) Sidewalks, internal and external to the site, are required in accordance with the sidewalk standards of Chapter 176.
(C) Variations in building height.
(1) For buildings of two (2) or three (3) stories in height and not exceeding one hundred (100) feet in length, at least fifteen percent (15%) of the roof line shall have a variation in height, or an average variation in height, of at least five (5) feet.
(2) For buildings of two (2) or three (3) stories in height and in excess of one hundred (100) feet in length, at least two (2) portions of the building shall have a variation in height, or an average variation in height, of at least five (5) feet. The combination of said required variations in height shall amount to not less than fifteen percent (15%) of the length of the building.
(3) For buildings of four (4) or more stories in height at least fifteen percent (15%) of the roof line shall have a variation in height, or an average variation in height, of at least ten (10) feet.
(D) Variations in building facade.
(1) For buildings not exceeding one hundred (100) feet in length, at least fifteen percent (15%) of the building face shall have a variation in setback of at least five (5) feet.
(2) For buildings in excess of one hundred (100) feet in length, at least two (2) portions of the building shall have variation in setback of at least five (5) feet. Variations of less than five (5) feet shall not count toward this requirement. The combination of said required variations in setback shall amount to not less than fifteen percent (15%) of the length of the building.
(E) Balconies shall be a minimum of five (5) feet in depth, unless they are not designed to be accessed.
(Ord. 2024-33, passed 9-19-24)
§ 173.032 TOWNHOMES STANDARDS.
New townhomes are subject to the following development regulations:
(A) Up to eight (8) dwelling units may be grouped within one (1) contiguous townhome structure.
(B) Variation in building design.
(1) The facades of townhomes within a group shall vary in design and styling so that no more than two (2) abutting townhomes within a group will feature identical facades.
(2) No more than two (2) abutting townhomes within a group shall possess a common front building setback. Variation in the setback of front building facades shall be at least four (4) feet.
(C) A minimum of fifteen (15) feet shall be provided between each group of townhome units.
(D) Townhomes on lots less than fifty (50) feet in width are strongly encouraged to obtain vehicular access from rear alleys so that the area between the townhouse and the public right-of-way can be landscaped.
(E) Pedestrian access shall be provided from the front of the unit.
(F) Landscaped strips shall be provided between driveways of adjacent townhomes.
(G) All land within the project shall be developed and maintained in a neat and orderly condition. Deed covenants shall be developed to ensure the maintenance and upkeep of areas and facilities retained in common ownership, in order to provide a safe, healthful and attractive living environment within the development, and to prevent the occurrence of blight and deterioration of the individual units.
(Ord. 2024-33, passed 9-19-24)
§ 173.033 MANUFACTURED HOUSING/MOBILE HOMES.
(A) Residential design manufactured homes (RDMH).
(1) Standards to determine similarity in exterior appearance of residential design manufactured homes. The following standards shall be used to determine similarity in appearance between RDMH homes and site-built homes.
(a) Minimum width of main body. When assembled on site, the body of the RDMH shall not be less than twenty (20) feet. This is not intended to prohibit the attachment of accessory structures to the main building.
(b) Minimum roof pitch, minimum roof overhang, roofing materials. The minimum pitch of the main roof of any RDMH shall be not less than one (1) foot of rise for four (4) feet of horizontal run, and the minimum roof overhang shall be six (6) inches. In cases where site-built housing generally has been constructed in adjacent or nearby locations with roof pitches less than one to four (1:4) and/or roof overhangs are less than six (6) inches, then the RDMH may have less roof pitch and overhang similar to the site-built houses. Any roofing material for RDMH may be used which meets the specifications of the Florida Building Code used for site-built houses.
(c) Exterior finish; light reflection. Any material may be used for exterior finish which is generally acceptable for housing provided the reflection for such exterior shall not be greater than the reflection from siding coated with clean white gloss exterior enamel.
(d) Foundation. RDMH shall be placed upon a permanent foundation. Permanent foundation shall mean:
1. Installation of the home according to Chapter 15C-1, Florida Administrative Code; and
2. Construction of a permanent, perimeter stem wall designed and constructed to comply with the Florida Building Code specifications for exterior non-load bearing walls, extending at a minimum from the ground surface to the bottom of the exterior wall surfaces of the home.
(2) Procedures for Approval of RDMH.
(a) Applications for RDMH approval. Applications for approval of manufactured homes as RDMH shall be submitted to the Building Division of the City of Palm Bay.
(b) Foundations specifications. Where there has been prior approval of a foundation proposed to be used, as provided in the standards herein, detailed specifications or descriptions of such foundations shall not be required. Where it is proposed to use foundations not previously approved, specifications shall be supplied in sufficient detail to determine if the proposed foundation meets the standards set out in this section.
(B) Standard design manufactured homes.
(1) To obtain a permit for SDMH placement, the applicant shall submit an inspection report certified by a professional engineer registered in the state of Florida, stating that all federal, state and local statutes with regard to housing are met.
(2) Standard design manufactured homes shall bear all stickers, seals or registration as required by federal and state statutes.
(C) Mobile homes.
(1) Because of the absence of building and safety standards for mobile homes constructed prior to June 15, 1976, legally registered mobile homes lawfully existing in the city on the effective date of this section (10-21-99), may continue such use as provided herein and as provided in the City of Palm Bay Code of Ordinances, as a legal nonconforming use. The installation of a mobile home in violation of this section is strictly prohibited.
(2) Mobile homes shall bear all stickers, seals or registration as required by federal and state statutes.
(D) Development plan review.
(1) As part of the supplementary data required to complete an application for a public hearing for a mobile home park/subdivision development, a scaled and dimensioned plot or site plan of the development shall be submitted as part of such application (if the site plan is larger than eleven (11) inches by seventeen (17) inches, two (2) copies are needed, as well as a digital copy); and if the application is approved, the mobile home park/subdivision shall be built substantially in accordance with such a plan. If the City Manager or designee deems that there is a substantial change from that which is shown on the original application, the developer shall be required to return to the Planning and Zoning Board and the City Council in order to receive approval for such changes as an amendment to the original site plan. The plot or site plan shall include, but not be limited to, location of all lots, service areas, public streets, street signs, walkways, and utilities showing the same underground where such is required. If a public utility equipment and facility is to be located on a site, its dimensions, location, access and other pertinent information should be indicated on the site plan. Adequate access for firefighting and emergency purposes and access to service areas shall be provided. Information concerning abutting land areas, such as land use, zoning, existing structures, and existing streets shall also be included. Site plan approval is limited to one (1) year but may be extended for an additional year by the City Council, for demonstrated progress.
(2) A completion bond may be required by the City Council. If the construction is not substantially underway within one (1) year after the approval of the site plan, the site plan may be voided by the City Council.
(3) If the property is to be subdivided, the parcel shall be platted in accordance with the subdivision plat regulations, and all street paving, drainage, water and sewerage facilities shall comply with the subdivision specifications and requirements of the city (see Chapter 177).
(Ord. 2024-33, passed 9-19-24)
§ 173.034 ZERO-LOT LINE DEVELOPMENT STANDARDS.
Zero lot line detached dwellings are allowed in PUDs subject to the following standards.
(A) Interior side yard. The dwelling unit shall be placed on one (1) interior side property line with a zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. If the side yard abuts a street, the setback should be at least twenty-five (25) feet.
(B) Front setback. All dwelling structures shall be set back a minimum of twenty-five (25) feet from the front property line.
(C) Rear setback. All dwelling structures shall be set back a minimum of ten (10) feet from the rear property line. The placement of patios, pools, garden features and other similar elements should be addressed initially as part of the PUD process.
(D) Street frontage. Each lot shall have a clear direct frontage on public streets or to access ways complying with private street requirements.
(E) Platting requirements. Each dwelling unit shall be located on its own individually platted lot.
(F) Building height. For a single-family dwelling only, the height shall not exceed two (2) stories and twenty-five (25) feet in height.
(G) Minimum lot area. The minimum lot area shall be four thousand and fifty (4,050) square feet, or forty-five (45) feet by ninety (90) feet.
(H) Minimum square footage of living spaces. For each unit, the minimum shall be eight hundred (800) square feet of living space under heat and air conditioning, not including garage and covered porch area.
(I) Maximum building coverage. The maximum building coverage of the structure shall not exceed fifty percent (50%).
(J) Opening prohibited on zero-lot line side. The wall of the dwelling located on the lot line side shall have no doors, air conditioning units or any other type of openings which would detract from the side yard privacy of the adjacent dwelling; provided, however, that atriums or courts shall be permitted on the zero-lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall the height of the roof line is provided on the zero-lot line. The wall shall be constructed of the same material as exterior walls of the unit.
(K) Maintenance and drainage easement. A perpetual four (4) foot wall maintenance easement shall be provided on the lot adjacent to the zero-lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be included in the covenants of restrictions and incorporated into each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches. Measures shall be taken by the developer to direct runoff into the overall master drainage plan as submitted with the PUD.
(Ord. 2024-33, passed 9-19-24)