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Pinellas County Unincorporated
City Zoning Code

ARTICLE VIII

SPECIAL DISTRICTS

DIVISION 2. - FBC, FORM-BASED CODE DISTRICT[2]


Footnotes:
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Editor's note—Ord. No. 21-21, § 3(Exh. A), adopted Aug. 24, 2021, repealed Div. 2, §§ 138-2100—138-2108, which pertained to the OPH-D, Old Palm Harbor—Downtown District and renumbered Div. 3 as Div. 2, as herein set out. The historical notation has been retained with the amended provisions for reference purposes. Former Div. 2 derived from Ord. No. 18-36, § 3(Att. B), adopted Oct. 23, 2018.


Sec. 138-2090. - District density and intensity standards.

The maximum density and intensity (floor area ratio) standards for each zoning district are governed by the underlying future land use map (FLUM) category identified within the Pinellas County Comprehensive Plan.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

Sec. 138-2091. - Reserved.

Editor's note— Ord. No. 21-21, § 3(Exh. A), adopted Aug. 24, 2021, repealed § 138-2091, which pertained to permitted land uses and derived from Ord. No. 18-36, § 3(Att. B), adopted Oct. 23, 2018.

Sec. 138-2150. - Definition, purpose and intent of district.

(a)

Form-based code means a land development regulation mechanism that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the district.

(b)

The purpose of the FBC, form-based code district is to establish an alternative to existing zoning districts found elsewhere in this Land Development Code in order to promote and conserve traditional neighborhood development patterns; promote and conserve mobility and walkable neighborhoods; and accommodate mixed use development patterns that may be excluded by standard, Euclidian-type zoning districts. The application of the FBC district designation may require a Pinellas County Future Land Use Map designation that supports the use of the FBC district.

(c)

FBC districts in the county are intended to:

(1)

Identify target areas throughout the county ideal for concentrating urban development with land uses in near proximity to one another, to reduce automobile dependency, and that accommodate the demand for housing, employment, shopping, entertainment and recreation;

(2)

Promote quality redevelopment that considers and accommodates multiple users, land uses and transportation modes to allow residents more living options and transportation choices;

(3)

Provide a mix of land uses, including minimum levels of residential density sufficient to support compatible nonresidential land uses, such as but not limited to retail goods and services, professional business and office services, restaurants, and recreation places that are convenient to all intended users;

(4)

Provide greater certainty to developers of property and the public in terms of urban form and neighborhood character to be expected when property is developed; and

(5)

Establish a process for interpreting and applying land development regulations that gives more clarity to development possibilities and potential outcomes.

(d)

The subject property to be considered for a FBC district shall consist of a minimum 20 acres and include a minimum ten acres of upland area. The planning director or designee may administratively approve adjustments to this minimum property and/or upland area requirement, on a case-by-case basis, if they determine that such adjustment will not compromise the purpose and intent of this section. Adjustments to this minimum acreage requirement shall be considered unique and shall not set precedent for others.

(e)

Properties considered for FBC district designation should comprise contiguous areas suitable for cohesive redevelopment and meet the intent of the district as identified in subsection (c) of this section.

(f)

The preparation of FBC districts per this section is intended to be initiated by county staff; however, property owners and developers of property may petition the county for the creation of a FBC district per this section. The planning director, or designee, will review FBC district requests for consistency with the comprehensive plan and the expressed purpose, intent and requirements as outlined in this section, and will provide a written response thereto.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

Sec. 138-2151. - Adoption process.

(a)

The FBC district and regulating plan shall be adopted by ordinance and the official zoning atlas shall be amended to reflect the FBC district.

(b)

Each FBC district designation shall include a form-based regulating plan based on the following:

(1)

The expressed purpose and intent of this division; and

(2)

The use of urban design standards and practices generally accepted by professional planning organizations, such as, but not limited to, the American Planning Association, the Congress of the New Urbanism, the Form-Based Codes Institute, Urban Land Institute and Transect-Based plans such as the SmartCode™ and Neighborhood Conservation Code.

(c)

Interpretation. Where additional clarity or interpretation is needed in order to apply this section of the Code to an area or a specific project, the decision rendered shall be by the planning director, or designee. The interpretation should be documented in a written statement which demonstrates how the interpretation is consistent with the purpose and intent of the district.

(d)

Each form-based code district (including the associated regulating plan) shall be adopted by ordinance to the zoning chapter of the Land Development Code or as a separate appendix to the Land Development Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

Sec. 138-2152. - Implementation.

(a)

Each FBC district regulating plan must adhere to all applicable local, state, and federal regulations as well as appropriate planning and urban design principles.

(b)

Conflicting provisions. Should conflicts between the FBC district and other zoning or zoning-related provisions be discovered, the FBC district shall take precedence, unless such conflicts are found to negatively impact the health, safety or welfare of the county.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-21, § 3(Exh. A), 8-24-21)

Sec. 138-2153. - Establishment of form-based code districts.

(a)

The Lealman Form Based Code (L-FBC) is hereby adopted and placed as article XI to chapter 138 of the Pinellas County Land Development Code.

(b)

The Downtown Palm Harbor Form-Based Code (DPH-FBC) is hereby adopted and placed as article XII to chapter 138 of the Pinellas County Land Development Code.

(Ord. No. 21-21, § 3(Exh. A), 8-24-21; Ord. No. 25-3, § 1, 1-28-25)