Palm Bay City Zoning Code
PART 6
PLANNED UNIT DEVELOPMENT ZONING DISTRICT REGULATIONS
§ 173.060 PURPOSE AND INTENT.
The purpose of the planned unit development (PUD) zoning district is to provide a zoning district that allows design flexibility and promotes planned diversification and integration of uses and structures, while also retaining the City Council's authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare. The PUD district is designed to:
(A) Encourage flexible land development that sustainably uses land and infrastructure, reduces transportation needs, conserves energy, and maximizes the preservation of natural resources.
(B) Allow for the integration of different land uses and densities in a single development achieving compatibility in overall site design and scale, both internal and external, to the project site.
(C) Permit outstanding and innovative residential and nonresidential developments with quality-of-life design features, such as an integration of housing types and accommodation of changing lifestyles within neighborhoods; design that encourages internal and external convenient and comfortable travel by foot, bicycle, and transit through such strategies as pedestrian scale, a building orientation generally toward streets and sidewalks, parking located to the side or rear of buildings, narrow streets, modest setbacks, front porches, connected streets, multiple connections to nearby land uses, terminated vistas, recessed garages, alleys, enhances landscaping, and mixed-uses.
(D) Establish criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.
(E) Achieve overall coordinated building and facility relationships, infill development, and eliminate the negative impacts of unplanned and piecemeal development.
(Ord. 2024-33, passed 9-19-24)
§ 173.061 PUD STANDARDS.
Each planned unit development shall set forth development standards specific to the proposed preliminary development plan, in keeping with the minimum standards set forth in this Part. These standards shall be described in detail for each type of development permitted within the PUD. For PUDs approved that do not have any identifiable development standards but have not yet completed construction of all phases, the PUD must obtain a preliminary development plan approval from City Council to set standards for all future development.
(Ord. 2024-33, passed 9-19-24)
§ 173.062 PCD, PCRD, AND PMU PROPERTIES.
The Planned Commercial Development (PCD), Planned Community Redevelopment District (PCRD), or Parkway Mixed-Use (PMU), districts have been consolidated with the Planned Unit development (PUD) district. Properties previously zoned to any of those districts are now deemed to have a PUD zoning designation. The approved development orders shall remain in effect as approved. Any proposed changes to those approvals shall be processed based on the requirements of this section.
(Ord. 2024-33, passed 9-19-24)
§ 173.063 MINIMUM PROJECT SIZE.
PUD sites shall contain a minimum of five (5) acres unless entirely comprised of tiny homes. In such cases, the minimum site size shall be one (1) acre.
(Ord. 2024-33, passed 9-19-24)
§ 173.064 UNIFIED OWNERSHIP OR CONTROL.
The title to all land within a proposed site for a planned unit development shall be owned or controlled by a developer submitting the applications provided for under this subchapter. The term CONTROLLED BY shall be interpreted to mean that the developer shall have the written consent of all owners of property within the proposed site not wholly owned by the developer. The consent shall be included in the PUD Agreement and shall contain a statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this subchapter and that the owners shall agree to be bound by the decision of the City Council in the event application is approved.
(Ord. 2024-33, passed 9-19-24)
§ 173.065 PERMITTED USES.
Uses permitted in the planned unit development may include and shall be limited to the following. They may be mixed vertically or horizontally. The specific uses that may be developed in the district shall be identified in the PDP and PUD Agreement.
(A) Residential uses.
(1) Single-family (including zero-lot line development and tiny homes, as defined in Chapter 171).
(2) Multi-family residential dwelling units (including apartments, condominiums, and townhomes) in semi-detached, attached, single, and multi-storied structures.
(B) Nonresidential uses. Nonresidential uses may include all institutional, commercial and industrial permitted and conditional uses. The nonresidential uses within residential PUDs shall be compatible with the residential uses, may contain a horizontal or vertical mixture of residential and nonresidential uses where practical, and shall provide for a walkable community to the greatest extent possible. Nonresidential uses shall be delineated in the PUD and consist of a minimum of twenty percent (20%) of the development acreage.
(C) PUDs must be connected to the City of Palm Bay water and sewer distribution system and fronting on public rights-of-way within the city. The city reserves the right to deny extension of public utilities. The decision to extend public sanitary sewer and public water shall be made upon the recommendation of the Utilities Director or designee, and in accordance with Title XX of the Utilities Code.
(Ord. 2024-33, passed 9-19-24)
§ 173.066 MINIMUM NON-RESIDENTIAL USE AREA.
Residential PUDs shall have a non-residential area encompassing a minimum of twenty percent (20%) of the developable acreage of the site, unless the PUD is entirely composed of tiny homes. The non-residential areas shall be situated and buffered so as not to create any detrimental effect on residential uses.
(Ord. 2024-33, passed 9-19-24)
§ 173.067 DENSITY AND INTENSITY.
The maximum and average density and intensity permitted in each PUD shall be established by the underlying future land use as approved by the City Council, upon recommendation of the Planning and Zoning Board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use plan involving the area in question. In no case shall the maximum density or intensity permitted exceed the underlying future land use.
(Ord. 2024-33, passed 9-19-24)
§ 173.068 MINIMUM LOT AREA, FRONTAGE, SETBACKS, AND STRUCTURE REQUIREMENTS.
(A) Unless expressly delineated, minimum lot area, frontage, setbacks and structure requirements shall be compatible with the surrounding existing development and in compliance with the underlying zoning requirements portrayed in the PDP.
(B) The minimum lot size, lot width, and lot depth shall be negotiated. The average residential lot size for an attached or detached single-family unit shall not be reduced by less than seventy-five percent (75%) of the required minimum lot size in the adjacent single-family residential zoning district. There is no minimum lot size for multiple-family residential structures, excepting attached single-family units, townhouses, patio homes, and similar clustering of residential units which shall follow the guidelines as established above. The city retains the authority to require lot sizes and building heights along the periphery of the project be designed in a manner that is compatible to abutting lots within adjacent residential single-family zoning districts. The transition in lot size should be internalized in order to abate adverse impacts on adjacent single-family zoning districts. The city also retains the authority to require more open space and/or amenities which have a clearly significant public benefit in return for allowing substantial flexibility in the layout and design of the planned unit development.
(C) Minimum distances between structures shall be:
(1) Between structures of two (2) stories or less - ten (10) feet.
(2) Between structures of three (3) stories - twenty (20) feet.
(3) Between structures of four (4) stories - thirty (30) feet.
(4) Between structures over four (4) stories - thirty (30) feet, plus five (5) feet for each additional story.
(5) Between structures of varying heights, the larger distance separation shall be required.
(D) The setback from the nearest part of any building wall to the edge of any public right-of-way or private street and the minimum setback maintained between the walls of all structures and the perimeter of any lot or parcel shall be included in the proposed preliminary development plan.
(E) Waterfront PUDs.
(1) Waterfront projects shall provide public access to the waterfront. The type of access and facilities shall be determined during the project approval process and may be met offsite if deemed appropriate by City Council.
(2) Projects between Dixie Highway NE (U.S. #1) and the Indian River Lagoon shall maintain a minimum of thirty percent (30%) of the frontage open through use of breezeways, no-build visibility corridors or other means, to allow views of the water from the street.
(F) Maximum length of structures: No structure within a PUD shall exceed two hundred (200) feet unless an excess is specifically authorized by the City Council based on a valid justification provided by the applicant.
(G) Minimum living area per unit.
(1) Single-family detached dwellings - eight hundred (800) square feet. Tiny homes are exempt from this requirement.
(2) Tiny homes - one hundred twenty (120) square feet.
(3) Multi-family dwellings: The minimum living area for multi-family units shall be as follows:
(a) Efficiencies: Five hundred (500) sq. ft.
(b) One-bedroom units: Six hundred (600) sq. ft.
(c) Two-bedroom units: Seven hundred fifty (750) sq. ft.
(d) Three-bedroom units: Nine hundred (900) sq. ft.
(e) Each additional bedroom after three bedrooms: One hundred (100) sq. ft. per additional bedroom.
(H) Additional standards for tiny homes: A tiny home must be certified to meet ANSI A119.5 standards. A tiny home exceeding four hundred (400) square feet shall meet the Federal Manufactured Home Construction and Safety Standards and shall have a United States Department of Housing and Urban Development label.
(Ord. 2024-33, passed 9-19-24)
§ 173.069 ACCESS AND DRIVEWAYS.
(A) Each individual lot within the PUD shall have access to a public street either directly or indirectly via an approach private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access.
(B) The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meeting emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the PUD.
(Ord. 2024-33, passed 9-19-24)
§ 173.070 COMMON RECREATION AND OPEN SPACE.
(A) PUDs shall have a minimum of twenty-five percent (25%) of the gross site acreage or developable acreage dedicated to common recreation and open space. This designated land and water area may contain a combination of activity-based open space area and resource-based open space area as defined in § 171.001. Such usable space may be in the form of active or passive recreation areas including, but not limited to playgrounds, golf courses, nature trails, non-public recreational vehicle storage, stables, and lakes. Parking areas, private road rights-of-way, minimum yards, and spacings between dwelling units, may not be included in determining usable common recreation and open space.
(B) Common recreation and open space may be improved to the extent necessary to complement the residential uses and may contain compatible and complimentary structures for the benefit and enjoyment of the residents of the PUD.
(C) If golf courses or water areas are used to partially fulfill open space requirements, calculations for such may not exceed sixty percent (60%) of the required open space. All water areas, including wet retention stormwater management ponds, may be included as part of the open space requirement, shall be permanent water bodies and shall be activated, have a minimum sloped edge as per applicable city and state regulations, and planted with native landscaping. Water areas, lakes, ponds, and wet detention stormwater ponds shall be included in open space requirements if activated by docks, piers, boardwalks, pedestrian trails, benches, pavilions, shade structures, water features, and/or permanent stationary exercise equipment. One hundred percent (100%) of protected open space, including protected wetlands and conservation areas, that are peripherally activated in the uplands, outside the boundary of the wetland or buffer, by any similar activation to water areas above may be counted towards required open space.
(D) All common recreation and open space shall be preserved for its intended purposes as expressed in the preliminary development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common recreation and open space:
(1) Public dedication accepted by the city may be included in the calculation of the common recreation and open space. This method is subject to formal acceptance by the city in its sole discretion.
(2) Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common recreation and open space.
(3) Retention of ownership, control and maintenance of all common open space by the developer.
(E) All privately owned recreation and common open space shall continue to conform to its intended use and remain as expressed in the preliminary development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common recreation and open space is permanently preserved according to the preliminary development plan. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
(F) All common recreation and open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
(G) If the developer elects to administer common recreation and open space through an association or nonprofit corporation, the following requirements shall be met:
(1) The developer must legally establish the association or nonprofit corporation and provide proof of such prior to the issuance of a building permit for any residential structure contained therein.
(2) Membership in the association or nonprofit corporation shall be mandatory for all property owners within the planned unit development and the association or corporation shall not discriminate against its members or shareholders.
(3) The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of the land, any other land within the planned unit development not publicly or privately owned, and shall secure adequate liability insurance on the land. If the developer elects an association or nonprofit corporation as a method of administering common recreation and open space, the title to all residential property owners shall include an undivided fee simple estate in all common recreation and open space.
(Ord. 2024-33, passed 9-19-24)
§ 173.071 OFF-STREET PARKING.
Parking counts and parking space/lot standards shall meet the requirements of Chapter 176, unless the applicant demonstrates that different standards are necessary and are consistent with the intent of this LDC. Tiny homes require one (1) parking space per unit.
(Ord. 2024-33, passed 9-19-24)
§ 173.072 TREE PROTECTION AND LANDSCAPING.
Site and parking lot landscaping shall, at minimum, meet the standards of Chapter 175.
(Ord. 2024-33, passed 9-19-24)
§ 173.073 UTILITIES.
(A) Underground utilities. Within the PUD, all utilities shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The applicant must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The Planning and Zoning Board may recommend, and City Council may require that substations be fenced and screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the PUD.
(B) Utility standards. The minimum construction requirements for driveways, streets or roads, sidewalks, streetlights, sewer facilities, utilities and drainage dedicated to the public or located along public rights-of-way shall be in compliance with the requirements of the city's subdivision regulations set forth in Chapter 177 of this code. The specific development standards of a PUD district may be waived by the City Council if the applicant demonstrates that different standards are necessary and are consistent with the intent of this LDC.
(Ord. 2024-33, passed 9-19-24)