The following list of land uses are allowable under this Code pursuant to the city zoning map:

Residential (VLR).

Residential (R1).

Residential (R2).

Residential (R3).

Residential (R4).

Commercial.

Industrial.

Public use.

Recreation.

Open space.

Conservation.

Mixed use (MU).

Planned unit development (PUD).

Each district described in this Code shall be as shown on the city zoning map which is incorporated herein by this reference.

This part of the Code defines and prescribes the specific uses allowed within each land use district described in this Code.

(1)

Except as hereinafter provided:

a.

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations established by this Code for the district in which the building or land is located.

b.

The minimum yards and other open spaces including the "intensity of use" provisions contained in this Code for each and every building hereinafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or "intensity of use" requirements for any other building.

c.

In single-family zones every building hereafter erected or structurally altered shall be located on one or more lots as herein defined and in no case shall there be more than the principal building and the customary accessory buildings on one lot or parcel of land.

d.

Where front yards have been established or may be established on each of the two intersecting streets, there shall be a front yard on each street side of a corner lot; provided, however, the buildable width of such lot shall not be reduced to less than 30 feet; provided, further, no accessory building on a corner lot shall project beyond the front yard line on either street.

e.

No trailer park or trailer shall be permitted except as specifically set forth herein.

(2)

The boundaries of such districts as are shown upon the map adopted by this Code or amendment thereto, are adopted and approved and the regulations of this Code governing the use of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon such map.

(3)

Where uncertainty exists as to boundaries of any district shown on such map, the following rules shall apply:

a.

Where such district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

b.

In subdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the original map. Where a district boundary divided a lot, the zone classification of the greater portion shall prevail throughout the lot.

c.

In case any further uncertainty exists, the commission shall interpret the intent of the map as to location of such boundaries.

d.

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

e.

All territory which may hereafter be annexed to the city shall remain subject to the county comprehensive plan and land development regulations until the city adopts a comprehensive plan amendment that includes the annexed area. The city shall designate the annexed area with a zoning district consistent with the city's land use category designated in the future land use map.

(4)

Accessory buildings and uses incidental to each single-family dwelling, where not used or operated commercially, including private garages for the accommodation of automobiles, sheds for the housing of pets, children's playhouses, greenhouses, tool sheds, workshops, and servant's quarters shall be permitted in residential districts. Side lot set back lines which apply to the primary residential structure on any lot shall apply to such accessory buildings. Rear set back lines shall be five feet where an alley is adjacent to the property and ten feet where there is no alley.

(5)

Nothing contained herein shall prohibit the operation of a business or occupation in any city zoning district which:

a.

Does not have any advertisement of any kind located anywhere on the property.

b.

Does not have customers or suppliers calling, at the location of the business.

c.

Does not have more than one employee not residing on the premises or employs only members of the immediately family residing on the premises.

d.

Conducts its operation primarily by computer, telephone, or similar facilities.

(6)

Lot set back lines and plat set back lines either shown on recorded plats or imposed in these land development regulations shall be subject to the following:

a.

In the event that a property owner owns more than one lot immediately adjacent to each other and proposes construction of a building across lot lines, then the set backs shall be deemed to be located along the outside boundary of the overall parcel for which construction is proposed.

b.

No other action of the city shall be required to implement this regulation.

c.

In the event that ownership of the property is separated and the existing construction removed, then lot set back lines shall revert to their original location.

(7)

a.

All off grade buildings shall be supported and tied to a continuous reinforced concrete footing of sufficient size to resist the gravity, wind and uplift forces which might be imposed on such buildings. Dry stack blocks as piers for support of any structure is prohibited.

b.

Any bolts, anchors, straps, tie downs or other type hardware which originates less than 12 inches above grade or ground should be of stainless steel material. The use of any galvanized material is prohibited due to the possible damage of the coatings during installation. This shall not apply to any such items permanently encased in concrete.

c.

All new or remodeled buildings shall provide some form of architectural character with the use of design elements such as roof dormers, extended entry way, a covered porch, decorative columns or wing walls, and/or other features to enhance the appearance and alter the straight line or rectangular shape of the structure.

d.

The crawl space of an off grade building (that area located between the grade and the lowest floor member) shall be shielded by some architectural feature which is compatible with the design and architecture of the building so that the line of sight from any public road or alley does not include any portion of the underside of the structure. Such feature shall be included as part of any building permit application.

(Ord. No. 514, § 2, 7-21-15; Ord. No. 521, § 1, 12-15-15)

The following uses and regulations shall apply in very low residential (VLR) residential districts:

(1)

Single-family dwellings.

(2)

Municipally owned or operated parks and playgrounds.

(3)

Building height limit: No building shall exceed 35 feet in height.

(4)

Building site area required: Every lot shall have an area of not less than 10,000 square feet and a minimum frontage at the building line of at least 75 feet.

(5)

Front yard required: There shall be a front yard having a depth of not less than 25 feet measured to the front line of the main building. Where lots comprising 25 percent or more of the frontage on the same street within the block are developed with buildings having an average yard with a variation in depth of not more than six feet, no building hereafter erected or structurally altered shall project beyond the average front yard so established, but no more than 35 feet shall be required. Where the distance between dwellings on adjacent lots is 200 feet or more, the above front yard requirement will not apply. Where interior lots have a double frontage, the required front yard shall be provided on both streets.

(6)

Side yard required: On lots or parcels of land having a width of 100 feet or more, there shall be a side yard on each side of a building of not less than 15 feet.

(7)

Rear yard required: There shall be a rear yard for the main building having a depth of not less than 25 feet.

(8)

Minimum floor area required: The minimum required ground or first floor area, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet for a single-story dwelling and 850 square feet for two-story dwelling.

(9)

The density allowed in district VLR shall be no more than four dwelling units per acre.

(10)

The maximum intensity shall be no more than 40 percent of lot coverage.

The following uses and regulations shall apply in R-1 residential districts:

(1)

Single-family dwellings.

(2)

Municipally owned or operated parks and playgrounds.

(3)

Municipally owned or operated hospitals, other than an animal hospital.

(4)

Publicly owned and operated libraries, art galleries and museums.

(5)

Medical office buildings if such building was in operation as of October 3, 1995 and within 1,000 feet of the hospital.

(6)

Building height limit: No building shall exceed 35 feet in height, except as provided in section 3.10(3) hereof.

(7)

Building site area required: A minimum frontage at the building line of at least 75 feet. If a lot has less area or width than herein required and was of record at the time of the effective date of any ordinance with this requirement, such lot may be occupied by a single-family dwelling, provided, however, that the minimum side, front and rear yard requirements are conformed with as set out in this section.

(8)

Front yard required: There shall be a front yard having a depth of not less than 25 feet measured to the front line of the main building. Where lots comprising 25 percent or more of the frontage on the same street within the block are developed with buildings having an average yard with a variation in depth of not more than six feet, no building hereafter erected or structurally altered shall project beyond the average front yard so established, but no more than 35 feet shall be required. Where the distance between dwellings on adjacent lots is 200 feet or more, the above front yard requirement will not apply. Where interior lots have a double frontage, the required front yard shall be provided on both streets.

(9)

Side yard required: On lots or parcels of land having a width of 100 feet or more, there shall be a side yard on each side of a building of not less than 15 feet. On lots of record as of October 3, 1995 having widths of more than 50 and less than 100 feet, the side yard on each side of the building shall be no less than ten feet. On lots of record as of October 3, 1995 having widths of 50 feet or less, the side yard on each side of the building shall be no less than seven feet.

(10)

Rear yard required: There shall be a rear yard for the main building having a depth of not less than 25 feet.

(11)

Minimum floor area required: The minimum required ground or first floor area, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet for a single-story dwelling and 850 square feet for two-story dwelling.

(12)

The density allowed in district R-1 shall be no more than five dwelling units per acre.

(13)

Home occupations shall not be allowed in district R-1.

(14)

The maximum intensity shall be no more than 40 percent of lot coverage.

(15)

The east half of Block 1020 and the west half of Block 1021, all having frontage on Harbor Street.

a.

Single-family sectional or modular homes shall be allowed so long as they meet any and all state and federal regulations applicable thereto and those state and federal regulations are incorporated herein by reference.

There shall be two subdistricts in district R-2 as identified on the city zoning map: subdistrict R-2A and subdistrict R-2B.

(1)

R-2A single-family district.

a.

Uses permitted in R-2A: Any uses permitted in the VLR and R-1 district.

b.

Building height limit: No building shall exceed 35 feet in height, except as provided in subsection 3.10(3).

c.

Floor area required: No building shall be constructed in subdistrict R-2A of less than 800 square feet of living area. In computing the floor space as provided above the areas occupied by porches, patios, terraces, attached garages, carports or nonroofed areas shall be excluded.

d.

No home occupations shall be allowed in subdistrict R-2A.

e.

Front yard required: There shall be a front yard not less than 20 feet deep measured to the front line of the building. Where lots comprising 25 percent or more of the frontage on the same street within the block are developed with buildings having an average yard with a variation in depth of not more than six feet, no building hereafter erected or structurally altered shall project beyond the average front yard so established, provided the front yard shall not exceed 30 feet. Where the distance between dwellings on adjacent lots is 150 feet or more, the next above yard requirements will not apply. Where interior lots have a double frontage, the required front yard shall be provided on both streets, but no more than 30 percent of the total need be used for front yards.

f.

Side yard required: There shall be a side yard on each side of a lot, having a width of more than 50 feet, of at least ten feet. On lots of record as of October 3, 1995 having widths of 50 feet or less, the side yard on each side of the lot shall be no less than seven feet.

g.

Rear yard required: There shall be a rear yard of not less than 20 feet. On corner lots there shall be a setback of not less than 15 feet.

h.

No more than seven units per acre shall be allowed in district R-2A and intensity shall be no more than 60 percent lot coverage.

i.

Single-family sectional or modular homes shall be allowed within the boundary of the property designated in Exhibit "A" so long as they meet any and all state and federal regulations applicable thereto and all other requirements of the ordinances. rules, and regulations of the City of Port St. Joe. Those state and federal regulations are incorporated herein by reference.

(2)

R-2B district. Uses permitted:

a.

Any use permitted in the R-1 or R-2A district.

b.

Multiple-family dwellings.

c.

Boarding and lodging houses.

d.

Hospitals and clinics, except animal hospitals.

e.

Clinics, nursing homes or congregate living facilities.

f.

Guest houses.

g.

Accessory buildings and uses customarily incident to any of the above uses, including private and storage garages when located on the same lot and not involving the conduct of a business.

h.

Community centers and buildings owned by a governmental agency and used for a public purpose.

i.

Home occupations shall be allowed in district R-2B.

j.

Funeral parlors and mortuary establishments may be permitted in this district provided application is made to the city commission for the establishment of same, and it shall be determined by the city commission that such use will not adversely affect the property values of the land adjacent thereto and the city commission shall find that such use is an appropriate use for the particular plot or parcel of land for which application is made for the establishment thereof.

k.

Building height limit: No building hereafter erected or structurally altered shall exceed 60 feet in height, except as provided in section 3.10(3).

_____

l.

Building site and minimum floor area required: For the following specified uses every lot or parcel of land shall provide a land area for each family unit of at least the amount indicated:

Where a lot has an area less than the above required minimum and was of record on October 3, 1995, such lot may be used, provided all setbacks and area requirements of this zone are observed.

_____

m.

Front yard required: There shall be a front yard having a depth of not less than 15 feet measured to the front of the building. Where lots comprising 25 percent or more of the frontage on the same street within the block are developed with buildings having an average yard with a variation in depth of not more than six feet, no building hereafter erected or structurally altered shall project beyond the average front yard so established. Where the distance between dwellings on adjacent lots is 100 feet or more, the next above front yard requirement will not apply. Where interior lots have a double frontage, the required front yard shall be provided on both streets.

n.

Side yard required: There shall be a side yard on each side of a lot, having a width of more than 50 feet, of at least ten feet. On lots of record as of October 3, 1995 having widths of 50 feet or less, the side yard on each side of the lot shall be no less than seven feet.

o.

Rear yard required: There shall be a rear yard not less than 15 feet in depth. On corner lots there shall be a setback of not less than 15 feet.

p.

Density and intensity shall be the same in district R-2B as in R-2A.

q.

Law offices, accounting and bookkeeping services, counseling services, decorating or millinery businesses, or other service related businesses or occupations which in the opinion of the building inspector, will not cause a significant increase in vehicular traffic in the area. In the event that a property owner disagrees with the opinion of the building inspector, then the property owner can appeal to the planning and development review in accordance with the appeal process provided by this land development regulation code.

(Ord. No. 559, § 2, 8-6-19)

(a)

Uses permitted: Any use permitted in any other residential district.

(b)

No more than 15 units per acre shall be allowed in this district and intensity of no more than 80 percent lot coverage shall be allowed.

_____

(c)

Building site and minimum floor area required. For the following specified uses every lot or parcel of land shall provide a land area for each family unit of at least the amount indicated.

Where a lot has an area less than the above required minimum and was of record as of October 3, 1995, such lot may be used, provided all setbacks and area requirements of this zone are observed.

_____

(d)

Building height limit. No building hereafter erected or structurally altered shall exceed 60 feet in height.

(a)

This district shall only be available for parcels of land north of Tapper Bridge and south of the intersection of Government Lot 2, Section 27, Township 7 South, Range 11 West of the eastern right-of-way line of U.S. 98 highway.

(b)

Uses permitted. Any use permitted in any other residential district.

(c)

No more than 30 units per acre shall be allowed in this district and intensity of no more than 80 percent lot coverage shall be allowed.

(d)

Building height limit: No building hereafter erected or structurally altered shall exceed 60 feet in height.

(a)

There shall be three subdistricts within the commercial districts identified on the future land use map and city zoning map.

(1)

Subdistrict C-1A shall be comprised of: The portion of the city shown as C-1A on the city zoning map.

(2)

Subdistrict C-1 shall be described as: The portion of the city shown as C-1 on the city zoning map.

(3)

Subdistrict C-2 shall be described as: The portion of the city shown as C-2 on the city zoning map.

(b)

Lot coverage in all of the commercial districts in the future land use map shall be not more than 90 percent, except in the central business district (Blocks 2, 3, 7, 8, 14, 15, 22 and 23) where it may be 100 percent. Lot coverage in low intensity commercial districts in the future land use map shall be not more than 60 percent.

(c)

Building height limit: No building hereafter erected or structurally altered shall exceed 60 feet in height.

(d)

Parking lots, whether or not owned by the city shall be allowed within any commercial or mixed use district within the city.

(e)

Nothing contained in article III is intended to prevent a business in any commercial or mixed use district from displaying material or merchandise for sale or rent outside of its building during hours that it is open for business. Any such material or merchandise must be housed within a building during hours that the business is closed.

(Ord. No. 462, § 1, 12-7-10)

The following regulation shall apply in the C-1A commercial district.

(1)

Uses permitted.

a.

Uses permitted in the district shall be limited exclusively to retail stores, personal service establishments or businesses, professional offices, banks, savings and loan associations, barbershops or beauty parlors, catering establishments, laundry and cleaning pickup stations, electric appliance shops, florist shops, photographers' studios, real estate offices, parking garages and/or lots, department stores and drugstores.

b.

Automobile courts (motels).

c.

Restaurants.

d.

Hotels.

e.

Gasoline storage tanks for retail distribution.

f.

Veterinary clinics.

(2)

Prohibited. Industrial establishments and establishments using mechanical equipment to produce a product, funeral homes, commercial amusements other than movie theaters, mechanical garages, junk dealers, automobile wrecking, mechanical garages, or any business where the materials sold are not housed within a building, are specifically prohibited from this district.

(3)

Building height limit. No building hereafter erected or structurally altered shall exceed 60 feet in height.

(4)

Floor area required. Hotels, auto courts, motels and restaurants shall be subject to all the rules of the state hotel commission.

(5)

Building site area required. No minimum requirements, except that in no case shall the site have less than 18 feet frontage on the street.

(6)

Front yard required. None.

(7)

Side yard required. No side yard required for commercial buildings.

(8)

Rear yard required. There shall be a rear yard not less than ten feet in depth, measured from the edge of the service alley.

(9)

Tank regulation. No gasoline tank may be placed above the ground in this zone. Tanks above ground for any other use may not exceed 300 gallons and shall be set back from front property line at least 25 feet.

The following regulations apply in C-1 commercial district:

(1)

Uses permitted.

a.

Any use permitted in C-1A district.

b.

Trade service establishments, self-service laundries, shops for the sale and repair of batteries, radios, bicycles, guns, shoes, tires, typewriters, watches and jewelry and other mechanisms, bakeries, painters, paper hangers, plumbers, addressing and mailing, advertising and distributing, multi-graphing, printing and laboratories.

c.

Vocational schools, including trade, secretarial, art, professional, music, dancing and dramatic schools.

d.

Commercial amusements, games and sports.

e.

Funeral homes.

f.

Restaurants, automobile sales rooms and used car sales lots.

g.

Churches. Section 6-3 of chapter 6 of this Code of Ordinances shall have no application to a church located in a commercial or mixed use area.

(2)

Prohibited. Industrial establishments, lumber yards, junk dealers, automobile wrecking or any business where materials sold are not housed within a building, and not mechanical garages, except when operated in conjunction with automobile sales rooms and in the same building, are specifically prohibited from this district. Additional uses listed in section 3.21 are prohibited within the C-1 district.

(3)

Requirements. The requirements as to subsection (3) through (8) of section 3.08 shall be applicable in this zone as if they were copied herein verbatim; provided, however, there shall be no rear yard requirement for buildings located on lots abutting on alleys lying between Reid and Williams Avenues, and Reid and Monument Avenues, extending from First Street to Fifth Street.

The following regulations shall apply in C-2 commercial district:

(1)

Uses permitted.

a.

Any use permitted in the C-1A and C-1 districts.

b.

Any business or establishment of a general retail, wholesale or service type.

c.

Light manufacturing or light industrial plant.

d.

Lumber, storage yards and mechanical garages.

e.

Industries not obnoxious to the community by the emission of odors, dust, smoke or fumes.

f.

Cleaning and dyeing establishments.

g.

Gasoline storage tanks for wholesale or retail distribution.

(2)

Front, side and rear yard requirements. There shall be no minimum area, front, side and rear yard requirements. Ample and adequate space shall be left around and about each industrial plant or other development to permit ready and easy access of fire fighting apparatus.

(3)

Building height limit. No building hereafter erected or structurally altered shall exceed 60 feet in height.

(4)

Floor area required. Hotels, auto courts, motels and restaurants shall be subject to all the rules of the state hotel commission.

(5)

Building site area required. No minimum requirements, except that in no case shall the site have less than 18 feet frontage on the street.

(6)

Front yard required. None.

(7)

Side yard required. No side yard required for commercial buildings.

(8)

Rear yard required. There shall be a rear yard not less than ten feet in depth, measured from the edge of the service alley. Except that there shall be no rear yard requirement for buildings located on lots abutting the alleys lying between Reid and Williams Avenues and Reid and Monument Avenue extending from First Street to Fifth Street.

(9)

Prohibited. Industrial establishments, junk dealers, automobile wrecking or any business where materials sold are not housed within a building, are specifically prohibited from this district. Additional uses listed in section 3.21 are prohibited within the C-2 district.

The following regulations apply in the industrial district.

(1)

Uses permitted.

a.

Manufacturing plants.

b.

Factories.

c.

In the industrial district any building or land, except as otherwise provided in this Code, may be used for any use permitted in the C-2 commercial district, except a use which possesses an abnormal explosion hazard. Any use which possesses a potential explosion hazard will not be permitted without the written approval of the city commission and such approval shall set forth the conditions under which such use must be observed.

d.

Any use permitted in the C-1A and C-1 districts.

e.

Any business or establishment of a general retail, wholesale or service type.

f.

Light manufacturing or light industrial plant.

g.

Lumber, storage yards and mechanical garages.

h.

Industries not obnoxious to the community by the emission of odors, dust, smoke or fumes.

i.

Cleaning and dyeing establishments.

j.

Small animal hospitals and clinic.

k.

Gasoline storage tanks for wholesale or retail distribution.

l.

Marina and related facilities.

(2)

Front, side and rear yard requirements. No front, side, and rear yard requirements are necessary nor any minimum area requirements.

(3)

[Intensity:] Lot coverage shall be no more than 90 percent in the industrial districts and 65 percent in low intensity industrial areas as designated in the future land use map.

(4)

Building height limit. No building hereafter erected or structurally altered shall exceed 60 feet in height.

The following regulations apply in the public use district:

(1)

Uses permitted.

a.

Mineral uses.

b.

Hospitals.

c.

Churches, including church related activities.

d.

Public schools.

e.

Municipal or county facilities including but not limited to parks, recreational facilities or educational facilities.

(2)

[Intensity.] No more than 60 percent lot coverage shall be allowed, except that 100 percent lot coverage shall be allowed in the central business district (Blocks 2, 3, 7, 8, 14, 15, 22 and 23).

(3)

Building height limit. No building hereafter erected or structurally altered shall exceed 60 feet in height.

(4)

[Change of use.] In the event that any owner of property in this district desires to sell or transfer the property for any use not allowed herein, then upon application to the board of city commissioners of the city, the board shall change the zoning designation from public use to the same designation as the surrounding property.

The following regulations apply in the recreational district:

(1)

Uses permitted.

a.

Recreational complex facilities.

b.

Stadiums.

c.

Amphitheaters.

(2)

Intensity. No more than 40 percent lot coverage.

(3)

Building height limit. No building hereafter erected or structurally altered shall exceed 35 feet in height.

The following regulations apply in the open space district:

(1)

Uses permitted.

a.

Passive recreation activities such as hiking, canoeing, fishing, bird watching, picnicking.

(2)

Intensity. No more than ten percent lot coverage.

(3)

Building height limit. No building hereafter erected or structurally altered shall exceed 35 feet in height.

No development shall be allowed in the conservation district.

The purpose of the mixed use district is to allow a mix of residential, commercial and other uses to promote development of a high quality environment for living, working or visiting. Other uses allowed in the mixed use district are industrial, public uses, recreational, open space and conservation. The mixed use district may be assigned to lands designated as mixed use in the future land use map and will be limited to areas with an adequate level of public facilities and services. The mixed use district will encourage vertical integration of various residential and nonresidential uses within these areas, achieving internal trip capture.

The following regulations apply in the mixed use district:

Development shall contain the minimum percentage of at least two of the following districts:

Residential density in the mixed use district may not exceed 15 units per acre; commercial and industrial uses may not exceed maximum lot coverage of 90 percent and 60-foot building height limitation. Intensity standards for other uses allowed in the mixed use district are as defined in the individual public, recreational, open space and conservation districts contained in this article.

Residential uses permitted within areas designated as mixed use according to the Port St. Joe zoning and future land use maps may not be located on the ground floor of any building and must be located on the second floor or higher.

(Ord. No. 506, § 1, 7-15-14)

(1)

Purpose and intent of district. The purpose of the planned unit development (PUD) district is to encourage and allow more creative and imaginative design of land developments than is possible under conventional zoning districts. The PUD district allows substantial flexibility in planning and designing a project. This flexibility often provides relief from compliance with some conventional zoning district standards site and design requirements. An intrinsic premises upon which the approval of a planned unit development (PUD) must be conditioned, is that while greater flexibility or more lenient siting requirements may be granted, the planned unit development must contain features not normally required of traditional developments.

It is the intent of this section to encourage flexible and creative concepts of site planning; protect environmentally sensitive lands, natural and historical resources; accomplish a more desirable environment that would not be possible through the strict application of the minimum requirements of this Code; allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties; provide for an efficient use of land resulting in smaller networks of streets and utilities and thereby lowering development and housing costs; ensure that development will occur according to the limitations of use, design, density, coverage and phasing stipulated on an approved final development plan; and encourage an increase in the amount of usable open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional subdivision practices.

(2)

Permitted uses. The planned unit development district is allowed within all future land use categories. Permitted uses, densities and intensities shall be consistent with the designations on the future land use map.

The PUD district provides the maximum opportunity for the application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape and location. The PUD district allows development of land as residential, commercial or industrial developments. Permitted uses are as follows:

a.

Planned residential communities: Complementary and compatible commercial/office uses may be included if they are compatibly and harmoniously designed into the total residential community within a planned unit development district. Nonresidential uses may comprise no more than 25 percent of the total land area.

b.

Planned commercial/office center: Complementary and compatible residential and industrial uses may be included if properly designed into the total commercial center within a planned unit development district. Residential and industrial uses may comprise no more than 25 percent of the land respectively.

c.

Planned industrial parks: Complementary and compatible residential and commercial/office uses may be included if properly related to the total industrial park within a planned unit development district. Residential and commercial/office uses may comprise no more than 25 percent of the land respectively.

d.

Any mixed use development that is 50 percent commercial and 50 percent residential.

e.

Any mixed use development that is 33+ percent commercial, 33+ residential and 33+ industrial.

f.

Any other private, public or semi-public use complementary to, and compatible with, planned residential, commercial or industrial developments.

(3)

Submittal requirements. All applications for PUD approval shall be consistent with the requirements in section 2.06 of this Code. To enable a thorough analysis of a PUD, additional information may be required about the proposal than would be required if development were being pursued under conventional zoning district requirements.

(4)

Development standards. Unless modified as provided for herein, the standards of conventional zoning districts and the design standards of this Code shall apply. Revised standards may be approved for a PUD project to encourage creative development when the development proposal demonstrates increased protection of environmentally sensitive lands, natural and historical resources or increased efficiency of service delivery. An approved PUD shall establish the restrictions and regulations according to which the development shall occur. The criteria for establishing revised standards shall include:

a.

Consistency with the city's comprehensive plan.

b.

Compatibility with the zoning districts in the vicinity of subject property.

c.

A minimum site size of five acres is required unless the site is located within a Port St. Joe Redevelopment Area whereupon only one acre is required.

d.

Protection of environmentally sensitive lands, natural and historical resources.

e.

The proposed location and arrangement of structures should not be detrimental to existing or prospective adjacent land uses or to the existing or prospective development of the neighborhood.

f.

The adequacy of public roads, stormwater drainage facilities, utilities, school, public services and facilities required to serve the development.

g.

The provision of landscaped common open spaces for the leisure and recreational uses of the residents.

h.

The phasing plan of development indicating the approximate date when development of each phase will begin and the completion date of each phase; the location of each development phase; the number of acres within each phase; the number and type of dwelling units within each phase, if applicable; the number of nonresidential square feet of development within each phase, if applicable.

(5)

Procedures for approval of a PUD. The process outlined in section 2.03 of this Code shall be followed for review and approval of PUD which shall be adopted by ordinance. Upon approval of a PUD, the official zoning map shall be changed to indicate the area as PUD.

(6)

Amendments to a PUD.

Major PUD amendments. Any major amendment to an approved PUD shall be subject to the process described in section 2.03(c) for review of level 2 major development plans. Major changes include:

a.

A five percent or greater increase in the overall number of residential dwelling units or nonresidential building square feet.

b.

A five percent or greater decrease in the amount of acres devoted to common open space and/or conservation area.

c.

Addition of land uses not previously approved in the PUD.

d.

A substantial change in the general location of the proposed land uses, including the common open space and/or conservation areas.

e.

Perimeter changes.

f.

Major street relocation.

g.

Change in building height, density, intensity or land use pattern.

h.

Changes in signage plan.

i.

Changes in mitigation conditions.

Minor PUD amendment. Minor changes, and/or deviations from the planned unit development, which do not affect the intent or character of the development, shall be subject to the process described in section 2.03(b) for review of level 1 major development plan. Minor changes include:

a.

Change in alignment, location direction, or length of internal streets or sidewalks.

b.

Adjustments or minor shifts in dwelling unit or commercial mixes, not resulting in increased overall density or increased intensity.

c.

Reorientation or slight shifts in building locations.

d.

Other changes as determined by the technical advisory committee.

(7)

Approval expiration. If substantial construction, as determined by the technical advisory committee, has not begun within two years after approval of the PUD by the city commission, the approval of the PUD will lapse. The technical advisory committee may extend the period for beginning construction by not more than six months, if it is demonstrated that such an extension will result in the development of the approved PUD and that delays were beyond the control of the applicant. The burden of proof for obtaining the extension is on the applicant.

If the PUD lapses under this provision, the technical advisory committee shall review and make recommendation to the planning and development review board. The planning and development review board shall review and make recommendation to the board of city commissioners to remove the PUD district from the official zoning map. Upon approval of this action by the board of city commissioners, the city manager shall mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and reinstate the zoning district which was in effect prior to the approval of the PUD. If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the county property appraiser's records as owning the subject property

(8)

Approved PUDs continued. Planned unit developments approved by the city prior to the effective date of this Code shall continue to be governed by the approved PUD plan and any agreements, terms and conditions to which the approval may be subject, as long as the project continues to be actively under development. However, whenever any application is made to make major amendments to the approved PUD plan as defined in section 3.17(6) above, the application shall be made under the terms and procedures of this section.

The following requirements or regulations qualify or supplement as the case may be, the district regulations or requirements appearing elsewhere in this Code:

(1)

Public or semi-public buildings, hospitals, sanitariums, schools and churches or temples, where permitted in a district with height restrictions may be erected to a height not exceeding 60 feet.

(2)

Radio, television and receiving antennas may exceed the building height limits of the respective zones provided they otherwise comply with the ordinances of the city. Wireless, radio or television broadcasting towers exceeding the building height limit requires approval by the city commission.

(3)

The side yard requirements for dwellings shall be waived where dwellings are erected above stores or shops. Side lot requirements for dwellings and utility easements shall be waived for the interior lot line if an owner owns more than one lot and is building across the interior lot line, provided that the building inspector shall find that no sewer line presently exists and none is proposed in the future along set back lines of said interior lots. Dwellings previously built and meeting the criteria herein shall be deemed to be grandfathered in to this exception.

(4)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed; except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, none of the above projections shall project into a minimum side yard more than 24 inches. Residential roof overhangs may extend 48 inches into side, rear and front yards.

(5)

Open or enclosed fire escapes, outside stairways and balconies projecting into a minimum side yard or court not more than 3½ feet and the ordinary projections of chimneys and flues may be permitted by the building inspector where same are so placed as not to obstruct the light and ventilation.

(6)

The planning and development review board or city commission may, upon the application of any owner of any plot or parcel of land, allow an exception to the height limitations, when it is shown that such exception is necessary and will not interfere with adequate light and air to the adjoining land owners.

In residential districts as herein defined, there shall be no obstructions to vision planted or erected within 20 feet of lot corner without the approval of the PDRB.

(a)

The lawful use of a "building" existing as of October 3, 1995, shall not be affected by this Code, although such use does not conform to the provision of this Code; and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, ordered by an authorized officer to secure the safety of the building, are made therein, but no such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of not less than 90 days, every future use of such premises shall be in conformity with the provisions of this Code.

(b)

The lawful use of "land" existing as of October 3, 1995, although such use does not conform to the provisions of this Code, shall not be affected by this Code; provided, however, no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use as of October 3, 1995. If such nonconforming use is discontinued for a continuous period of not less than 60 days, any future use of such land shall be in conformity with the provisions of this Code. Provided, however, where "land" which is now used for a use excluded from the district in which such "land" is located and such use is not an accessory to the use of a main building located on the same lot or grounds such nonconforming use of "land" shall be discontinued and all material completely removed by its owner not later than one year from the date of the passage of this Code.

(c)

Nothing in this Code shall be taken to prevent the restoration of a building destroyed by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such portion of any building remaining habitable after such destruction. In order to rebuild pursuant to this provision, construction of any replacement building must begin within 180 days of destruction and be completed within the life of the building permit, including any approved extensions. Any construction pursuant to this section shall comply with any building codes in effect at the time of application for a building permit.

The following uses are prohibited within 2000 feet of U.S. Highway 98 located within the city.

(1)

Water parks, go-carts (or other vehicle racing tracks or courses), arcades, amusement parks, miniature golf courses, batting cages, or any other project which is primarily used for the purpose of outdoor entertainment (not including public and private golf courses).

(2)

Any imitation or natural or manmade features including, but not limited to, mountains, volcanoes, gorges, animals, dinosaurs, windmills, oil derrick, airplanes, or any other artificial depiction.

(3)

To the greatest extent allowed under state law, any temporary building or modular or mobile home type building. Notwithstanding the foregoing a construction trailer or similar temporary building may be allowed during actual construction of any development authorized by the land development regulations of the city.

(Ord. No. 538, § 2, 9-5-17)

The purpose of this section is to establish the guidelines and criteria for a voluntary housing assistance program(s) as required by Objective 1.9 of the Housing Element of the Port St. Joe Comprehensive Plan, and to provide incentives for future housing developments to contribute to providing owner occupied housing or rental housing that is affordable to very low, low and moderate income households within the City of Port St. Joe.

(1)

Residential developments that contain inclusionary units may utilize the following density bonus units for each inclusionary unit provided as different household income levels:

(a)

A very low income household unit qualifies the developer for five bonus market rate units until a maximum of 100 percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units

(b)

A low income household unit qualifies the developer for three bonus market rate units until a maximum of 50 percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units.

(c)

A moderate income household unit qualifies the developer for one bonus market rate unit until a maximum of 50 percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units.

(2)

To the extent that any inclusionary unit incorporates Uniform Federal Accessibility Standards (i.e. ADA compliant), then an additional bonus of one market rate unit will be provided for each such unit constructed, provided that additional density bonus for ADA compliance will not exceed the 50—100 percent maximum density bonus increase.

(3)

The inclusionary units and the bonus density units are additional units and represent an increase over current land use plan designation.

(4)

In order to receive density bonus consideration a developer must file an inclusionary housing plan as part of the required submittals for a development order as defined in the City of Port St. Joe Land Development Regulations.

(5)

Affordable housing density bonuses allocated consistent with the provisions of this section are conditioned upon the recordation of a restrictive covenant that maintains the units as affordable housing units for the income groups described above for a period of at least 30 years for rental housing and at least 30 years for owner-occupied housing, whichever is applicable.

(6)

The density bonus may be applied to any land within the City of Port St. Joe provided that residential use is an allowable use on the receiving land. If the FLUM allows residential use on the receiving land, no comprehensive plan amendment will be required to build the additional residential units, except if the receiving land is located within the coastal high hazard area.

(7)

The provisions contained within this article shall be evaluated by the city annually after December 18 for their effect in the facilitation of development, including that of affordable housing.

(8)

No density bonus shall be allowed for any property within the city limits zoned R-1 as of December 18, 2007, and no density bonus shall be allowed in future R-1 subdivisions unless application therefore is made and approved at the time of the zoning designation.

Inclusionary units built pursuant to this article shall conform to the following standards:

(1)

Design. Except as otherwise provided in this article, inclusionary units must be dispersed throughout a residential development and must be comparable in construction quality and exterior design to the market rate units constructed as part of the development. Inclusionary units may be smaller in aggregate size and may have different interior finishes and features than market rate units so long as the interior features are of good quality and consistent with contemporary standards for new housing.

(2)

Size of units. The unit mix (bedroom count per unit) of the inclusionary units must be proportional to the unit mix (bedroom count per unit) of the overall project. When measurements determining the unit mix of inclusionary units result in any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

(3)

Timing of construction. A certificate of occupancy for inclusionary units must be issued concurrently with or prior to the certificate of occupancy of market rate units of the development on a proportionate basis (i.e., if the total unit count is 200 and the inclusionary unit count is 20, then for everyone inclusionary unit that receives a certificate of occupancy, ten market rate units can receive a certificate of occupancy. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

Residential developments that provide inclusionary units shall be afforded, to the extent possible, expedited reviews by the technical advisory committee and/or planning and development review board, building permit applications and required inspections.

No household may purchase or lease an inclusionary unit unless the household is an eligible household pursuant to the requirements of this article and the eligible household must occupy the housing unit as its primary residence.

(1)

Initial sales price. The initial sales price of an inclusionary unit to an eligible household shall be set such that the monthly mortgage payment, including interest and property taxes, permits the unit to be an affordable housing unit for the family size in accordance with the city's affordable housing policies and procedures.

(2)

Transfers of property under the following circumstances shall be allowed and are not subject to restrictions included in this program provided that the property is still the primary residence of the subsequent owner of record.

(a)

Transfers by inheritance to the purchaser-owner's spouse or offspring; or

(b)

Transfers to a spouse as part of a divorce proceeding; or

(c)

Acquisition of ownership or interest therein in conjunction with marriage.

Any other transfers shall be treated as if there is a sale of the property and the applicable provisions of this article shall control.

(3)

Resale price of inclusionary unit. The maximum sales price for an inclusionary unit shall be in accordance with the city's affordable housing policies and procedures. Any resale of an inclusionary unit during the 30-year period in accordance with the recorded covenant shall be sold to an eligible household. The price must be set such that the monthly mortgage payment, including insurance and taxes, permits the unit to be an affordable housing unit for the family size in accordance with the city's affordable housing policies and procedures.

(4)

Rental prices.

(a)

Rental prices are established per income level type and size as detailed in the inclusionary housing plan and leased to eligible households. The monthly price will be an affordable housing unit at the time of lease signing in accordance with the city's affordable housing policies and procedures.

(b)

After the signing of the first lease with an eligible household, renewal leases may be granted in the following circumstances per household income type:

1.

Very low income household's annual anticipated gross income may increase to an amount not to exceed 140 percent of 50 percent of the applicable median income adjusted for family size.

2.

Low income household's annual anticipated gross income may increase to an amount not to exceed 140 percent of 80 percent of the applicable median income adjusted for family size.

3.

Moderate income household's annual anticipated gross income may increase to an amount not to exceed 140 percent of 120 percent of the applicable median income adjusted for family size.

(c)

Upon the request of the city, the eligible household shall submit documentation in a form acceptable to city, and as outlined in the city's affordable housing policies and procedures, that the household is eligible to continue as an eligible household occupying an inclusionary unit.

(5)

Should the owner occupied inclusionary unit become non-homestead property, the inclusionary unit shall be considered the same as a unit that has been sold and the city shall be paid the shared equity in accordance with the city affordable housing program, policies and procedures as if the unit were sold. If any payment to the city required by said procedures is not paid to the city within a reasonable time after notice to the owner of record, the city may place a lien against the property and foreclose the lien in the manner applicable to the foreclosure of mortgages.

(1)

The eligible household must be a first time homebuyer if purchasing a unit.

(2)

For the purchase of a residential unit, at least one adult member of the eligible household must work or reside in the City of Port St. Joe and have worked or resided in the city for at least one full year prior to any application under the designated affordable housing program. For participation in a rental program, at least one adult member of the eligible household reside[s] in the city.

(3)

The household income must meet the income criteria for either very low income, low income or moderate income as defined in section 1.03 of this Code.

(4)

The assets of the eligible household must not exceed $50,000.00 per household member.

(5)

The eligible household must occupy the affordable housing unit within the city limits of the City of Port St. Joe.

(1)

The initial priority for the inception of the program shall be given to the following: (a) county school teachers working at a school in the city, and (b) county licensed health professionals working at Sacred Heart Hospital or other health care facilities within the city, and (c) certified public safety personnel. For households qualified under this paragraph, the length of residency or employment described in section 3.28(2) shall be waived.

(2)

Any and all changes to the priorities for participation in the program shall be subject to approval by resolution of the city commission; however, nothing shall preclude other eligible households from applying for the affordable housing programs and being considered for the city's affordable housing programs.

A developer may enter into a density bonus agreement pursuant to F.S. § 420.615 by providing to the city off site land to be used for the production and preservation of permanently affordable housing.

The city may delegate the administration of any city affordable housing program to a county-based not for profit entity with expertise in affordable housing issues.

The technical advisory committee and/or planning and development review board, shall monitor the implementation of this provision. On or before October 1 of each calendar [year], the city manager shall present a status report to the city commission on the implementation of the density bonuses for affordable housing sections.