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Pelican Bay City Zoning Code

SECTION 24

SPECIAL USES

§ 24.1 Child Care Centers.

24.1.1 
No portion of a child care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.
24.1.2 
Child care centers shall be located adjacent to a street having a pavement width of twenty-seven (27) feet or greater.
24.1.3 
Site plan approval by the Planning and Zoning Commission shall be required for all child care center sites, whether or not a Specific Use Permit is required.
24.1.4 
Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
24.1.5 
All child care centers shall comply with the following standards:
24.1.5.1 
All vehicular entrances and exits shall be clearly visible from the street.
24.1.5.2 
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
24.1.5.3 
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the child care is provided for less than four (4) hours per day for an individual person.
24.1.5.4 
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within one hundred (100) feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.
24.1.5.5 
No child care center shall be part of a one-family or two-family dwelling.
(Ordinance 180 adopted 5/10/05)

§ 24.2 Construction Yards, Field Offices, and Other Temporary Buildings.

Temporary permits for construction yards and field offices shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
(Ordinance 180 adopted 5/10/05)

§ 24.3 Radio, Television, and Microwave Towers.

24.3.1 
No radio, television, or microwave tower shall be located within a distance equal to at least the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Comprehensive Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
24.3.2 
No commercial radio, television, or microwave reflector antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current Comprehensive Plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two (2) stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.
24.3.3 
The location of radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.
24.3.4 
All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts.
24.3.5 
All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.
(Ordinance 180 adopted 5/10/05)

§ 24.4 Residence Hotels.

Residence hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 15 [14]. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
(Ordinance 180 adopted 5/10/05)

§ 24.5 Garden (Patio) Homes.

24.5.1 
Location on Lot:
Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot-wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area.
24.5.2 
Front Yard Setback:
The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding four hundred (400) feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be twenty-five (25) feet. A minimum lot depth of sixty-five (65) feet, as measured from front building line to rear lot line, shall be maintained.
24.5.3 
Rear Yard Setback:
The minimum rear yard shall be five (5) feet for a single-story structure and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages or carports.
24.5.4 
Side Yard Setback:
The minimum side yard shall be zero (0) feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio) homes are constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden (patio) home. There shall be a minimum of twenty (20) feet from any property line adjacent to a street.
24.5.5 
Lot Frontage:
The minimum frontage of any garden (patio) home shall be twenty-five (25) feet on residential streets and thirty-five (35) feet on collector and thoroughfare streets.
24.5.6 
Lot Area:
The minimum lot area for any development lot for garden (patio) homes shall be two thousand eight hundred (2,800) feet.
24.5.7 
Maximum Length of Structures:
No zero lot line structure shall have an overall length exceeding two hundred and fifty (250) feet.
24.5.8 
Maximum Height of Structures:
No structure shall exceed two (2) stories or thirty-five (35) feet in height.
24.5.9 
Parking:
Two (2) off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking within six hundred (600) feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
24.5.10 
Common Area Maintenance:
To insure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:
(a) 
Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A Homeowners’ Association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
(b) 
The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.
24.5.11 
Usable Open Space Requirements:
Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%) of the area of a patio home development. Such open space shall have a maximum slope of ten percent (10%) and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
24.5.12 
Additional Landscaping:
In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
(Ordinance 180 adopted 5/10/05)

§ 24.6 Multifamily Residence.

24.6.1 
Courts:
Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.
24.6.2 
Usable Open Space:
Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in Section 34.2.101), in accordance with the table below:
USABLE OPEN SPACE REQUIREMENT
Number of Bedrooms or Sleeping Rooms
1 or Less
600 Sq. Ft.
Each Additional Bedroom Over 1
300 Sq. Ft.
In those instances where a parcel of land has been zoned for multifamily use with a Specific Use Permit or Planned Development classification and the permitted densities do not conform exactly with those permitted in the MF District, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.
In meeting this requirement, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children’s play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance the development.
(Ordinance 180 adopted 5/10/05)

§ 24.7 Service Stations.

Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.
(Ordinance 180 adopted 5/10/05)

§ 24.8 Swimming Pools.

It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
24.8.1 
No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health department regulations.
24.8.2 
A swimming pool may be constructed and operated when:
24.8.2.1 
the pool is not located in any required front or side yard abutting a street;
24.8.2.2 
a wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area;
24.8.2.3 
all lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties;
24.8.2.4 
no broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and
24.8.2.5 
the swimming pool is no closer then eight (8) feet from any property line.
(Ordinance 180 adopted 5/10/05)

§ 24.9 Fences.

24.9.1 
Reserved for future use.
24.9.2 
No fence or hedge shall exceed three feet (3') height in the required front yard in any district.
24.9.3 
No fence shall exceed eight feet (8') in height.
24.9.4 
Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.
24.9.5 
Notwithstanding any other provision of this ordinance, where subdivisions are platted so that the rear yards of residentially zoned lots, including but not limited to SF-1, SF-2, SF-3, TF, MH-1, MF, and residential PD, are adjacent and back to a dedicated roadway, the developer shall provide, at his sole expense, a brick or decorative solid masonry wall with a minimum height of six (6) feet located on the street right-of-way line.
When a brick or masonry wall is erected adjacent to a dedicated roadway, the color of the wall shall be uniform and/or compatible on both sides of a thoroughfare between two (2) intersecting thoroughfares. When walls are built in sections, the color shall be as closely similar as possible, but shall in no case be incompatible.
All brick and masonry screening walls shall be placed on an engineered concrete footing, with provision for drainage under the wall. Masonry or brick columns shall be expressed at a minimum of thirty (30) feet on centers and should typically be taller than the remainder of the wall. The exterior of all sides of each wall shall be finished with the same material and shall be similar in appearance. Developers are encouraged to create offsets in brick or decorative masonry walls to provide visual variety. At development and subdivision entry features, all walls and raised planter beds shall be of brick or decorative masonry construction.
Developers are encouraged to create offsets in brick or masonry walls to provide visual variety.
(Ordinance 180 adopted 5/10/05)

§ 24.10 Sand, Gravel, Stone or Earth Sales.

24.10.1 
No sand, gravel, stone, earth or similar natural materials (“materials”) shall be stored or displayed for sale without such materials being placed in or upon a bunker, bin, or other man-made impervious surface. The materials may not be placed for sale or stored upon any unimproved surface.
(Ordinance 180 adopted 5/10/05)