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Redington Shores City Zoning Code

PART 1

- SUBDIVISION OF LAND2

Footnotes:
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Editor's note— Adopted 3-1-1977 by Ord. No. 77-2 as Ch. 11 of the 1977 Code; amended in its entirety 12-12-2007 by Ord. No. 07-06; renumbered from Part 4 to Part 1 by Ord. No. 21-12.


Sec. 90-71. - Definitions.

For the purposes of this part 1, the following words shall have the meanings indicated unless their content clearly requires otherwise:

Lot, depth of—The average depth measured in the mean direction of the side lines from the street line to the rear line.

Lot width—The mean width of a lot, measured at right angles to its depth.

Minor subdivision plat—A minor split of existing parcels and/or lands as specifically identified in section 90-99 G. and approved by the building commissioner.

Replat/declaration of unity of title—A change in an existing plat which changes the existing boundaries of the platted lots for the purpose of creating more or fewer lots or to change the area and size of existing lots.

Subdivision—The platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land; and includes establishment of new streets and alleys, additions and resubdivisions; and when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Sec. 90-72. - Compliance required.

It shall be unlawful to fill any submerged land or to subdivide any lands within the town contrary to the provisions of this part 1.

Sec. 90-73. - Plat required.

No real property within the town shall be subdivided and offered for sale until a plat thereof is examined by the planning and zoning board and approved by the board of commissioners nor shall a plat be approved or recorded without first submitting a preliminary plat for review by said boards. Building applications shall not be issued for structures to be located in a subdivision unless a plat thereof is recorded in the office of the Clerk of Circuit Court in and for Pinellas County, Florida.

Sec. 90-74. - Preliminary plat.

A subdivider or property owner shall submit three copies of a preliminary plat of his or her proposed subdivision, prepared in accordance with the requirements of this part 1.

Sec. 90-75. - Contents of preliminary plat.

The preliminary plat shall be a print drawn at a scale not less than 100 feet to the inch and shall show the following:

A.

The subdivision name, the name and address of the owner or subdivider and the designer of the plat.

B.

The date, approximate North point and scale.

C.

The boundary line of tract to be subdivided drawn accurately to scale, with aggregate linear and angular dimensions.

D.

The location of existing private property lines, streets, watercourses, bridges and any public utility easements of record, both on the land to be subdivided and on the land immediately adjoining for a distance of at least 150 feet; the location of water and sewerage mains, culverts, drain pipes and all structures on the land to be subdivided and on the land within ten feet of it; the names of adjoining subdivisions with plat book and page numbers and the names of record owners of adjoining parcels of unsubdivided land.

E.

The names, proposed locations, approximate dimensions, proposed streets, alleys, easements, parks and other open spaces, reservations, lot lines and building lines. This information may be graphical only, not requiring detailed computation nor field work over and above that required to obtain the information listed next above.

F.

When deemed necessary by the planning and zoning board, profiles of all streets showing natural and finished grades drawn to a scale of not less than one inch equals 40 feet horizontal and one inch equals four feet vertical.

G.

When deemed necessary by the planning and zoning board, contours with a vertical interval of not more than one foot referred to sea level datum.

Sec. 90-76. - Final plats.

Final plats shall conform to the requirements set forth in FS § 177.091.

Sec. 90-77. - Seawalls.

All land subdivided pursuant to this part 1 bordering upon the waters of the Gulf of Mexico or Boca Ciega Bay shall be seawalled as provided in sections 90-10 through 90-15 before the plat thereof shall be approved.

Sec. 90-78. - Storm drainage.

A.

All subdivisions within the municipal limits of the town shall have storm drainage installed, streets graded to the full width of the right-of-way, street paving to a minimum width of 20 feet of pavement with six-foot shoulders of stabilized shell for parking, adequate drainage ditches outside of shoulders, waterlines sufficient in size to operate fire hydrants and potable water furnished to each lot in said subdivision installed by the owner or subdivider to plans and specifications in accordance with requirements of the Pinellas County Water Department so as to furnish at least a class 7 rating by the Southeastern Fire Underwriters Association; cost of drainage and other installations required by this part 1 shall be paid for by the subdivider when such improvements are installed.

B.

If special drainage facilities to carry stormwater from a subdivision or several subdivisions are deemed necessary by the planning and zoning board and the board of commissioners, these facilities shall be built and paid for by the subdivider, provided that such facilities need not exceed 660 feet beyond boundaries of the property involved and in such reasonable manner as the subdivider and board of commissioners shall agree.

Sec. 90-79. - Sewer service laterals.

All subdivisions created or extended under the provisions of this part 1 shall be provided with sewer service laterals to all lots in such subdivisions to be paid for by the subdivider. Such service laterals shall be constructed under the direction of the town.

Sec. 90-80. - Conformance to comprehensive plan.

All proposed subdivisions shall be in conformity with a plan for the most advantageous development of the entire neighboring area and shall conform to the comprehensive plan adopted by the Town of Redington Shores, as amended. Whenever a tract to be subdivided embraces any part of a thoroughfare, boulevard or parkway so designated by the planning and zoning board, such part of such proposed public way shall be platted by the subdivider in the location and to the width recommended by the planning and zoning board.

Sec. 90-81. - Streets.

A.

The proposed street system shall extend existing streets at the same or greater width, but in no case less than the required minimum width. Where, in the opinion of the planning and zoning board, it is desirable to provide for street access to adjoining property, the proposed street shall be extended by dedication to the boundary of such property.

B.

Proposed streets which are obviously in alignment with others already existing and named shall bear the name of the existing street extended. In no case, except for numbered streets and avenues, shall the name for proposed streets duplicate or be phonetically similar to existing street names, irrespective of the subject street, avenue, boulevard, drive, place or court.

C.

The minimum width of proposed rights-of-way for streets, roads and alleys measured from lot line to lot line shall be:

(1)

Major arterial streets which serve or may serve heavy local traffic and major state or federal highways: 100 feet.

(2)

All local service streets: 50 feet.

D.

The minimum dimensions and specifications shall be as follows:

(1)

Street grades. Grades on all streets and alleys will be determined by the town and shall not exceed six percent nor less than two-tenths percent (0.2%).

(2)

Horizontal curves. Where a deflection angle of more than 10° in the alignment of a street occurs, a curve of reasonably long radius shall be introduced.

(3)

Intersections. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 60°.

(4)

Corner radii. There shall be a minimum radius at the property line of 20 feet at all intersections.

E.

In general, streets designed to have one end permanently closed (cul-de-sac) shall be avoided unless it is clear that a through street is not desirable for the street system in the area. Where such streets are used, they shall terminate in a circular area of public right-of-way, having a minimum property line radius of 50 feet and a minimum outside curb radius of 40 feet.

F.

All thoroughfares shall be curbed and paved as required by the current Florida Department of Transportation (FDOT) roadway standards for the appropriate facility type.

Sec. 90-82. - Block specifications.

A.

Length. Blocks, except waterfront blocks, shall not exceed 1,400 feet in length. A crosswalk or pedestrian way of not less than ten feet in width shall be provided near the center and entirely across any block that is more than 1,000 feet in length and may be required by the planning and zoning board across any block that is more than 700 feet in length.

B.

Width. Blocks, except waterfront blocks, shall be at least wide enough to allow two rows of lots of minimum depth.

C.

Dimensions. The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following:

(1)

Every lot or parcel of land shall abut a public street.

(2)

Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.

(3)

Every lot shall have a minimum mean lot width of 60 feet, except that every corner lot shall have a minimum mean lot width of 65 feet, but in no case shall the frontage upon public streets be reduced below 40 feet.

(4)

Every lot shall have a depth no greater than three times the mean width and no less in all events than 100 feet.

(5)

Every lot shall have a minimum lot area of 6,000 square feet.

Sec. 90-83. - Easements.

A.

To provide for public service poles, conduits, storm drainage, sewers or gas mains, an easement not less than ten feet wide, five feet on each side of the common lot lines, shall be provided.

B.

Gulf Boulevard Overlay District (GBOD) pedestrian easement. A minimum ten-foot-wide pedestrian use easement shall be provided between the Gulf Boulevard right-of-way line and the primary facade build-to line for all properties located within the limits of the GBOD. The pedestrian easement shall extend the entire length of each parcel.

Sec. 90-84. - Reservation for public use.

In subdividing property, due consideration shall be given by the subdivider and the planning and zoning board to the reservation or dedication of suitable sites for schools, parks and other public uses. The subdivider shall reserve and dedicate for recreational purposes an area equal to not less than three percent of the total area of such proposed subdivision. Such provision should be indicated on the plat in order that it may be determined when and in what manner such areas will be dedicated or acquired.

Sec. 90-85. - Variances.

Where, because of topographical or other conditions peculiar to the sites, strict adherence to the provisions and regulations in this part 1 would cause an unnecessary hardship, the special magistrate may recommend that the board of commissioners authorize a variance, if such variance can be made without destroying the intent of this part 1. Any variance not so authorized is required to be entered in writing in the minutes of the special magistrate hearing and board of commissioners meeting, and the reasoning on which the departure was justified set forth.

(Ord. No. 10-04, 9-9-2010)

Editor's note— Ord. No. 10-04 also provided for an effective date of 11-1-2010.

Sec. 90-86. - Application to fill land.

Applications to fill submerged land located beyond the established bulkhead line within the town shall be submitted to the board of commissioners of the town. Included with the application shall be a copy of all plans and specifications of the proposed fill.

Sec. 90-87. - Penalties for offenses.

Each and every day's violation of any provision of this part 1 shall constitute a separate and distinct offense. Any person, firm, corporation or agent who or which violates any of the provisions of this part 1 or who or which fails to comply therewith shall be subject to a penalty as set forth in chapter 1, general provisions, article II, of this Code.

Sec. 90-87.1. - Special lot regulations.

A.

Side yards of corner lots. The required front yard shall be provided on both streets; provided, however, that where in any block there are not more than two lots having frontage on the same street between two intersecting streets, any construction shall be subject to approval of a site plan by the planning and zoning board.

B.

Obstruction to vision at intersection. No obstruction to vision exceeding 30 inches in height shall be erected, planted or maintained on any lot within the triangle formed by the corner of the lot and two points which are 20 feet from the corner of the lot along the street lines on both streets. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle and pedestrian traffic.

C.

Through lots (double frontage). Where a single lot under individual ownership extends from one street to another nearly parallel street or alley, the planning and zoning board shall decide which street will be considered as the front street.

D.

Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of chapter 90, part 2, zoning, which would normally apply to each building if each were on a separate lot. Minimum clearance between buildings must be ten feet.

E.

Rear yard access in commercial districts. There shall be a rear yard of 15 feet, together with access thereto at least 15 feet wide, both of which shall be free of structures, buildings, hedges, fences or other obstructions and which shall permit free and clear access to the rear of the premises for deliveries, utility service, garbage collection, fire and police apparatus and other lawful access.

F.

Lots on the borderline of districts. Where a lot located in a commercial district is immediately adjoining a residential zone, any building built thereon shall comply with the front yard requirements for the residential district to which it is adjacent and to the side yard requirements on the side adjoining the residential district, and the site plan review process shall require buffering against noise, light and other unfavorable factors affecting the residential district.

G.

Awnings, canopies and marquees. Awnings, canopies and marquees shall comply with the sign regulations and the building code and shall be subject to approval by the building inspector.

H.

Platting of lots. No unplatted land shall be platted, nor any platted lands be replatted, nor shall any plat or replat be filed for record until and unless such plat or replat is first submitted to and approved by the Board of Commissioners of the Town of Redington Shores; nor shall any lot be subdivided except with the approval of the Board of Commissioners of the Town of Redington Shores, and in accordance with the following provisions and regulations:

(1)

If the title to one lot and a longitudinal fractional part of an adjoining lot or one lot and longitudinal fractional parts of lots on both sides thereof is vested in a single ownership, then, in either event, the same shall be considered as only one lot for the provisions set forth herein.

(2)

If the title to two adjoining lots is vested in a single ownership and such owner, at his or her own option, elects to build on one of the lots, but nearer to the lot line as established herein, then after exercise of such option the same shall be considered as only one lot for the purposes set forth herein.

(3)

If the title to two or more adjoining lots is vested in a single ownership, then the same may, at the option of the owner, be considered as only one lot; and after exercise of such option on the part of the owner as noted above and any action on the part of the owner or the board of commissioners, then the same shall thereafter be considered as only one lot for the purposes set forth herein.

(4)

In order to exercise such options noted above, the owner shall file a written declaration of purpose and intent with the town clerk, who shall note the consolidation of the two lots on the legal records of the town. No fractional part of the consolidated lot may be sold as a full-size lot unless such part shall comply with the area regulations of chapter 90, part 2, zoning.

(5)

If the title to two adjoining longitudinal fractional parts of two lots is vested in a single ownership and such fractional parts of lots are sufficient in size to constitute one lot as compared with other lots in the immediate vicinity, then the same shall be considered as only one lot for the purposes set forth herein.

(6)

No replat or plat of land which is presently unplatted shall be approved in which there shall be lots containing less than 6,000 square feet of area or in which there shall be lots less than 50 feet in width at the front building line. This provision shall apply only in residential districts.

(7)

No lot shall be subdivided or conveyed, as set forth above herein, other than as a whole except an adjoining longitudinal fractional part of a lot may be conveyed with a single whole lot; and an adjoining longitudinal fractional part of a lot may be conveyed to the owner of the adjoining whole lot as long as the provisions set forth herein are not evaded or violated and so long as a longitudinal fractional part of a lot is not left in a single ownership.

(8)

The provisions and regulations contained above shall also be applicable to latitudinal fractional parts of lots or adjoining lots.

(9)

All plat and replat applications shall be accompanied by a nonrefundable fee as required by the current town fee schedule, and shall be reviewed by the planning and zoning board, which shall make recommendations to the board of commissioners within 30 days of the formal filing of the request with the town clerk.