Satellite Beach City Zoning Code

ARTICLE IV

ZONING

Sec. 30-401.- Purpose of article.

The purpose of this article is to establish zoning districts and regulations for the use of land and structures to achieve the following: a community with harmonious land-use relationships, adequate light and air, public safety and convenience, and other conditions consistent with the city's comprehensive plan; fairness for property owners and neighbors; flexibility in how properties may be developed and used; uniform application of zoning requirements, regardless of building size, use, or location; preservation and enhancement of the city's key natural attributes, promoting effective surface water runoff management and protection of ocean and lagoon shorelines; improved aesthetics, providing for open space and graceful structures; reduced zoning complexity; and minimal nonconforming properties and property uses.

Sec. 30-402. - Interpretation of article.

The provisions of this article shall be deemed minimum regulations for the promotion of public health, safety, and welfare. They shall apply uniformly to each kind of structure or land, except as otherwise provided in this article.

Sec. 30-403. - Generally.

(a)

Conformity with district regulations. No structure or land shall be used and no structure or part thereof shall be constructed, reconstructed, structurally altered, rehabilitated, or relocated unless in conformity with all of the regulations applicable to the district in which the property is located when such activities are undertaken.

(b)

Joint use restrictions. No part of an open space, surface water runoff retention system, or loading or off-street parking area required for any use by this article shall be included as part of said items required for any other use. However, any part of said items which exceeds the minimum requirements of this article may be shared with other uses.

(c)

Location of structures. Every building erected shall be located on a lot as defined in this chapter. Every building hereafter erected or structurally altered shall be on a lot which abuts a public street or has access to a public street by means of a recorded easement.

(d)

Architectural guidelines. All new buildings and improvements and additions or renovation of exterior facades to existing buildings on properties abutting Highway A1A and South Patrick Drive shall be designed to meet the architectural guidelines within this article. In addition, all new commercial buildings, additions or renovations located within the community redevelopment district shall be designed to meet the architectural guidelines within this article.

(e)

Underground utilities. Within the community redevelopment district, all new development, additions, expansions, renovations or remodeling of structures, or upgrading of any above-ground utilities, that would otherwise require the installation of new above-ground appliances or structures for delivery of said utilities, including but not limited to poles and transformers, shall be installed underground at the owner's expense. This requirement for underground installation shall apply to any upgrade to appliances or structures for above-ground utilities not located on the site occasioned by any of the activities outlined herein. The utilities covered by this section shall include, but not be limited to, electric, telephone and cable.

(Ord. No. 946, § 3, 8-16-06; Ord. No. 972, § 7, 8-15-07)

Sec. 30-404. - Official zoning map.

(a)

Generally. The city shall be divided into zoning districts as provided in this article. Said districts shall be shown on the official zoning map, which, together with all explanatory matter contained thereon, shall be considered part of this article. The official zoning map shall be the final authority as to the current zoning status of land and water areas in the city. It shall be part of the public records in the office of the city clerk and shall be made available for public use.

(b)

Identification. The official zoning map shall be entitled Zoning District Map, shall be signed by the mayor and attested by the city clerk, and shall bear the city seal under the following words: "This is to certify that this is the Official Zoning Map referred to in section 30-404 of the City Code."

(c)

Maintenance. The building official shall be responsible for updating and maintaining the official zoning map.

(d)

Amendments. Each amendment to the official zoning map shall be recorded as soon as practicable after the effective date of the ordinance adopting such amendment. The recordation shall include the zoning case and ordinance numbers and the effective date. It shall be unlawful for any person to make any change to the official zoning map except by authorization of the city council in accordance with procedures set forth in this article.

(e)

Replacement. If the official zoning map is damaged, destroyed, lost, or difficult to interpret because of changes, the city council may enact an ordinance adopting a new official zoning map, which shall supersede the prior one. The new map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original zoning ordinance or any amendment to that ordinance. The new map shall be identified in the same manner as described in section 30-404(b). Unless the prior map has been lost or totally destroyed, the prior map or any remaining significant parts thereof shall be preserved with all available records pertaining to its adoption or amendment.

Sec. 30-405. - Interpretation of district boundaries.

Where uncertainty exists as to district boundaries shown on the official zoning map, the following rules shall apply:

(a)

Boundaries following center line of roadways. Boundaries indicated as approximately following the center line of any roadway, street, or alley shall be construed to follow such center line.

(b)

Boundaries parallel to center line of roadways. Boundaries indicated as approximately parallel to the center line of any roadway, street, or alley shall be construed as being parallel thereto at the distance indicated on the official zoning map. If no distance is given, it shall be determined by using the scale shown on said map.

(c)

Abandoned roadways. Where a roadway, street, or alley is officially vacated or abandoned, it shall be governed by regulations applicable to the property to which it reverted.

(d)

Boundaries following lot, section, or tract lines. Boundaries indicated as approximately following platted lot, section, or tract lines shall be construed as following such lines.

(e)

Lots divided by district boundary. Where a district boundary divides a single lot, the city council may, as a conditional use, extend the regulations applicable to either portion of the lot into the other portion of the lot for a distance not to exceed 50 feet beyond the district line.

(f)

Boundaries following city limits. Boundaries indicated as approximately following city limits shall be construed as following such limits.

(g)

Boundaries following shorelines. Boundaries indicated as following shorelines shall be construed as following the high-water mark. In the event the shoreline changes, boundaries shall be construed as moving with the high-water mark.

(h)

Boundaries following center line of water bodies. Boundaries indicated as approximately following the center line of any body of water shall be construed to follow such center line.

(i)

Areas under water. All areas within the city which are under water and not shown within any district shall be subject to all regulations of the district immediately adjoining the water area. If the water area joins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

(j)

Other circumstances. Where the actual location of physical features varies from those shown on the official zoning map, or in other circumstances not covered by this section, the city council shall interpret the district boundaries.

(k)

Discrepancy between official zoning map and copy. Where a discrepancy exists between a district boundary shown on the official zoning map and that shown on any copy thereof, the official zoning map shall be the final authority.

(l)

Discrepancy between official zoning map and ordinance. Where a discrepancy exists between a district boundary shown on the official zoning map and that which is described in the text of an ordinance establishing such boundary, the text of the ordinance shall be the final authority.

Sec. 30-406. - Zoning districts established.

In order to classify, regulate and restrict the use of land, water, buildings and structures, to regulate and restrict the height and bulk of buildings, to regulate the density and intensity of land use, and to implement the purpose of this article, 11 districts have been established as follows:

(1)

R-1A, single-family residential district.

(2)

R-1, single-family residential district.

(3)

R-2, single-family residential district.

(4)

R-3, single-family residential district.

(5)

R-4, single-family residential district.

(6)

R-5, single-family residential district.

(7)

RM-1, two-family residential district.

(8)

RM-2, multifamily residential district.

(9)

RM-3, residential-mixed use district.

(10)

C, commercial district.

(11)

LIU, light industrial district.

(12)

ITU, institutional district.

The districts listed in this section are designated upon the official zoning map and expressly made a part of this article. No building shall be erected nor shall a building or premises be used for any purpose other than a lawful nonconforming use or structure in accordance with section 30-423 and any purpose permitted by this article in the district in which such building or premises is located. The designation of zoning districts by letter symbols as set forth in this section, when used throughout this article and upon the zoning map, shall have the same effect as if the full titles of such districts were stated.

Sec. 30-407. - R-1A, single-family residential district.

(a)

Intent. The provisions of the R-1A district are intended to establish and maintain areas of low density single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Accessory structures and uses as follows:

Garden, tool and storage buildings, gazebos, cabanas, piers and docks.

Swimming pools, tennis courts and similar minor recreational facilities.

Satellite dish antennas.

Home occupations.

Detached garage.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation facilities. Golf, tennis, and yacht clubs, and similar private recreation facilities.

(2)

Churches, synagogues and mosques.

(3)

Public utilities.

(4)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 20,000 square feet.

Width: 100 feet.

Depth: 120 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: 15 feet.

Side corner: 25 feet.

Rear: 25 feet.

Conservation easement: 20 feet from easement. No structure or impervious surface of any kind, except permitted docks, shall be allowed within 20 feet landward of the conservation easement, which restriction shall be noted on any plat. As a precondition to issuance of a building permit, any new construction shall be required to provide a drainage plan prepared by a professional engineer verifying that all surface water run-off will not adversely affect the conservation easement.

(3)

Maximum building height: 40 feet.

(4)

Minimum living area: 3,000 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1245, § 3, 2-21-24)

Sec. 30-408. - R-1, single-family residential district.

(a)

Intent. The provisions of the R-1 district are intended to establish and maintain areas of low-density single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Accessory structures and uses as follows:

Garden, tool and storage buildings, gazebos, cabanas, piers and docks.

Swimming pools, tennis courts and similar minor recreational facilities.

Satellite dish antennas.

Home occupations.

Detached garage.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation facilities.

(2)

Places of worship.

(3)

Educational institutions, excluding colleges and universities, seminaries and vocational schools and training centers. Such centers are allowed as conditional uses only to avoid a concentration of such facilities in a single area or type of neighborhood which would stress such area or neighborhood and inadvertently create an institutional setting. A conditional use is likewise required to ensure such use is compatible with the proposed neighborhood or area in terms of size of facility and number of persons.

(4)

Public utilities.

(5)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 10,000 square feet.

Width: 85 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Ten feet or ten percent of frontage, whichever is greater. Ten feet or ten percent of frontage, whichever is greater for any structure between 30—35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 20 feet.

Canal, river or bulkhead line: 20 feet.

(3)

Maximum building height: 35 feet. All roof coverings shall be either tile, composition (dimensional) shingle or metal roofs.

(4)

Minimum living area: 1,850 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers.

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 2, 11-16-16; Ord. No. 1245, § 4, 2-21-24)

Sec. 30-409. - R-2, single-family residential district.

(a)

Intent. The provisions of the R-2 district are intended to establish and maintain areas of low-density single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 8,000 square feet.

Width: 80 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Ten feet or ten percent of frontage, whichever is greater. Ten feet or ten percent of frontage, whichever is greater for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,750 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 3, 11-16-16)

Sec. 30-410. - R-3, single-family residential district.

(a)

Intent. The provisions of the R-3 district are intended to establish and maintain areas of single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,675 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 4, 11-16-16)

Sec. 30-411. - R-4, single-family residential district.

(a)

Intent. The provisions of the R-4 district are intended to establish and maintain areas of single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet, except 20 feet in Eau Gallie Shores Subdivision when the right-of-way is 60 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,450 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 5, 11-16-16)

Sec. 30-412. - R-5, single-family residential district.

(a)

Intent. The provisions of the R-5 district are intended to establish and maintain areas of single-family residential development. Lot sizes and other restrictions are intended to protect and promote high-quality residential development.

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,575 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 6, 11-16-16)

Sec. 30-413. - RM-1, two-family residential district.

(a)

Intent. The provisions of the RM-1 district are intended to apply to an area of medium-density residential development for two-family units. Lot sizes and other restrictions are intended to promote and protect medium-density residential development.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Duplex, two-family dwelling units.

(3)

Accessory structures and uses as permitted in R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation areas.

(2)

Places of worship.

(3)

(4)

Child care centers which comply with state licensing requirements. Such centers are allowed as conditional uses only to avoid a concentration of such facilities in a single area or type of neighborhood which would stress such area or neighborhood and inadvertently create an institutional setting. A conditional use is likewise required to ensure such use is compatible with the proposed neighborhood or area in terms of size of facility and number of persons.

(5)

Public utilities.

(6)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet for single-family dwellings, and 10,000 square feet for duplex dwellings.

Width: 75 feet for single-family dwellings, and 100 feet for duplex dwellings.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet, except 20 feet in Eau Gallie Shores Subdivision when the right-of-way is 60 feet.

Side interior: Seven and one-half feet.
Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,450 square feet for single-family dwellings, and 900 square feet for duplex dwellings.

(5)

Single-family dwelling and duplex, an attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers.

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 7, 11-16-16)

Sec. 30-414. - RM-2, multiple-family residential district.

(a)

Intent. The provisions of the RM-2 district are intended to apply to an area of medium-density residential development for three- or more family units.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Multifamily dwellings.

(2)

Accessory structures and uses as permitted in R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation areas.

(2)

Places of worship.

(3)

(4)

(5)

Congregate living homes. Such centers are allowed as conditional uses only to avoid a concentration of such facilities in a single area or type of neighborhood which would stress such area or neighborhood and inadvertently create an institutional setting. A conditional use is likewise required to ensure such use is compatible with the proposed neighborhood or area in terms of size of facility and number of persons.

(6)

Nursing and convalescent homes. Such centers are allowed as conditional uses only to avoid a concentration of such facilities in a single area or type of neighborhood which would stress such area or neighborhood and inadvertently create an institutional setting. A conditional use is likewise required to ensure such use is compatible with the proposed neighborhood or area in terms of size of facility and number of persons.

(7)

Public utilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Maximum density: Seven units per acre.

(2)

Minimum lot area and dimensions:

Area: 13,068 square feet, except 10,000 square feet in Eau Gallie by the Sea subdivision.

Width: 100 feet.

Depth: 100 feet.

(3)

Minimum setback requirements:

Front: 25 feet.

Side interior: 15 feet.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street.

Rear: 15 feet.
Minimum setback requirements shall increase to 25 feet when a multistory building abuts a single-family zoning district.

(4)

Minimum separation between primary buildings:

Front: 25 feet.

Side: 15 feet.

Rear: 15 feet.

(5)

One attached two-car garage is required per unit (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 30 percent.

(7)

Maximum impervious area: 70 percent

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(8)

Maximum building height: 35 feet.

(9)

Maximum building length: 200 feet.

(10)

Minimum living area:

One-bedroom unit: 800 square feet.

Two-bedroom unit: 1,000 square feet.

Each additional bedroom: Add 125 square feet.

(Ord. No. 1131, § 8, 11-16-16)

Sec. 30-415. - RM-3, residential-mixed use district.

(a)

Intent. The provisions of the RM-3 district are intended to regulate the construction of group dwellings (planned unit development), whether of one-family, two-family or multiple-family construction, and limited commercial uses. Such a development will allow a more flexible placing of the buildings on the land and permit the grouping of open space and accessory facilities, such as recreation facilities, garages, parking spaces, and utility and service areas, while preserving a residential environment of sustained desirability and stability. Individual units may be sold providing the responsibility for overall management and control of all common areas is retained by a single agent.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Duplex or multifamily dwellings.

(2)

In that portion of the district located south of DeSoto Parkway and east of Highway A1A, only single-family, two-family, and three-family dwellings shall be permitted.

An increase in the number of dwelling units existing on any developed lot in this area on April 1, 2009, shall be prohibited.

The total number of dwelling units permitted in this area shall be 40.

(3)

Accessory structures and uses:

Accessory structures and uses permitted in the R-1 single-family residential district.

Laundry buildings.

Parking garages and structures.

Cabanas.

Recreation halls.

(4)

Single-family dwellings.

(5)

Resort dwelling rental.

East of Highway A1A.

30-day minimum rental period

Performance standards

State license required.

Local business tax receipt required.

Local management. Each resort dwelling shall have a designated local manager. Contact information for the local manager shall be on the local business tax receipt and shall include a 24 hour contact number. The information shall be posted in each dwelling unit and on the property in a manner visible from the public way. The posted information shall include the non-emergency police number.

Penalty. The resort dwelling's local business tax receipt may be revoked under the following conditions: Code enforcement finds a violation or recurring violation of the Satellite Beach Code of Ordinances or by any other means provided by law.

(c)

Conditional uses. Conditional uses are as follows:

(1)

(2)

Places of worship.

(3)

Professional offices, including but not limited to accountants, architects, doctors, attorneys and engineers.

(4)

Business offices, including but not limited to real estate offices, insurance offices and financial institutions.

(5)

General offices.

(6)

Personal services, including but not limited to barbershops, beauty salons, tailoring shops and shoe repair shops, when included within a structure occupied by residential uses and when such nonresidential uses comprise no more than ten percent of the gross floor area of the structure. No exterior signs shall be permitted.

(7)

Parks and recreation areas.

(8)

(9)

(10)

Financial institutions without drive-through tellers.

(11)

Towers and monopoles subject to regulations set forth in section 30-580.

(12)

Self-storage facilities may be located only on lots that are one and one-half acres or greater in size. For purposes of this provision, lot size(s) cannot be rounded up to meet the one-and-one-half-acre requirement.

(d)

Property development regulations. Property development regulations (excluding townhouse development) are as follows:

(1)

Minimum lot area and dimensions for multifamily uses:

Area: One acre.

Width: 100 feet.

Depth: 100 feet.

(2)

Minimum lot area and dimensions for duplexes and single-family uses:

Area: 10,000 square feet.

Width: 100 feet.

Depth: 100 feet.

(3)

Minimum setback requirements:

Front: 25 feet.

Side interior: 25 feet, except 15 feet between commercial land uses.

Side corner: 25 feet.

Rear: 25 feet except 15 feet between commercial land uses.

Note: All properties shall contain a five-foot landscape strip which may be included within the required setback, along the entire perimeter of any property in this district with plants at least four feet high at the time of planting. Plants must be selected from the list provided in section 30-704, Satellite Beach City Code. In the event of a conflict between landscape provisions, the most restrictive provisions shall apply. For properties located east of Highway A1A, all or a portion of which are located on a dune, there is no minimum height requirement for any required plantings located on the dune.

The provisions of article VII, division 4, coastal construction control line standards and criteria shall apply for all lots east of Highway A1A and in general are:

Front setback: Five feet from the lot line.

Side interior setbacks for lots east of Highway A1A are established through the breezeway requirements.

Side corner: Five feet minimum which may be included as part of the breezeway requirements.

Rear: 15 feet landward of the CCCL.

There is a minimum of 15 feet setback landward from the CCCL for any structure nearest the CCCL.

(4)

Additional setbacks for all building types:

Canal bulkhead line: 20 feet.

River bulkhead line: 20 feet.

1981 Coastal Construction Control Line.

(5)

Minimum living area, for multifamily and duplexes: 1,100 square feet. Minimum living area for single-family: 1,850 square feet.

(6)

Maximum structure length: 200 feet.

(7)

Maximum building height: 35 feet west of Highway A1A, or 65 feet east of Highway A1A.

(8)

Maximum lot coverage: 30 percent.

(9)

Maximum impervious area: 70 percent.

(10)

Minimum separation between structures: 15 feet for one or two stories, and five feet for each additional story.

(11)

Minimum breezeway and density:

Height (feet)	Maximum Density per Acre	Minimum Breezeway
0 to 38	8	40%
Over 38 to 47	9	40%
Over 47 to 56	10	50%
Over 56 to 65	11	60%

Maximum density is ten units per acre for property that is not direct oceanfront property.

(12)

For multifamily and duplexes uses, one-car off-street space is required per unit (nine feet by 18 feet). For single-family uses, an area the equivalent of 20 feet by 20 feet shall be provided for off-street parking. The area may be an attached or detached two-car garage or pervious parking area, any of which must be approved by the building official. For all single or multi-family sites east of Highway A1A, all detached or attached garages on the ground or first floor level must be built to article VII division 4 standards.

(13)

In the area south of DeSoto Parkway and east of Highway A1A, no lots may be combined in any manner whatsoever which could allow the construction of multifamily dwellings, which shall be prohibited in this area.

(e)

Property development regulations for townhouse development.

(1)

Minimum site area and dimensions for townhouse uses:

Site area prior to platting: One acre.

Minimum interior lot size within a site is 1,800 square feet.

Minimum interior lot width is 15 feet.

The number of individual lots (units) shall not exceed ten units per primary building or structure.

Maximum density is ten units per acre on the overall site.

Maximum site coverage of all buildings or structures is 30 percent.

(2)

Minimum setback requirements for townhouse developments:

Front: An average of all units within a single structure to be 22 feet provided no unit is less than 20 feet.

Side interior: Zero feet.

Rear: 20 feet.

The perimeter of any site development shall maintain a 25-foot setback.

The provisions of article VII, division 4, coastal construction control line standards and criteria shall apply for all lots east of Highway A1A and in general are:

Front setback: Five feet from the lot line.

Side interior setbacks for lots east of Highway A1A are established through the breezeway requirements.

Side corner: Five feet minimum which may be included as part of the breezeway requirements.

Rear: 15 feet landward of the CCCL.

There is a minimum of 15 feet setback landward from the CCCL for any structure nearest the CCCL.

(3)

Minimum living area: 900 square feet.

(4)

Maximum building height, minimum separation between structures and minimum breezeway requirements are the same as described in subsection (d) above.

(5)

One-car off-street space is required per unit (nine feet by 18 feet)

(6)

In the area south of DeSoto Parkway and east of Highway A1A, no lots may be combined in any manner whatsoever which could allow the construction of townhouse dwellings, which shall be prohibited in this area.

(f)

Special regulations.

(1)

Access. All dwelling units and permitted uses shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure police and fire protection of the area, meet emergency needs, conduct city services and generally ensure the health and safety of the residents of the planned unit development.

(2)

Unified control. Title to all land within a proposed site for a planned unit development shall be owned or controlled by the developer/owner submitting the applications for the planned unit development. For purposes of this section, the term "controlled by" shall mean that the developer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the application is approved.

(3)

Development standards. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the city. The developer shall provide traffic control and street name signs as required by the city. The city shall require that all new streets be named. All proposed street names shall be approved by the city.

(4)

Common open space. All privately owned common open space shall conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition. All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. The developer shall establish an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space. The association or nonprofit corporation shall conform to the following requirements:

The developer must establish the association or nonprofit corporation prior to the sale of any lots. Control of all common open space and recreation facilities shall be passed to the association when occupancy permits for 80 percent or more of the residential units have been issued.

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development, and such association or corporation shall not discriminate in its members or shareholders.

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of such land and any other land within the planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land. The title to all residential property owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and enjoyment of the common open space.

(Ord. No. 972, §§ 8, 9, 8-15-07; Ord. No. 1029, §§ 1, 2, 3-17-10; Ord. No. 1131, § 9, 11-16-16; Ord. No. 1160, § 3, 11-7-18; Ord. No. 1198, § 2, 2-17-21; Ord. No. 1226, § 2, 12-7-22; Ord. No. 1249, § 2, 4-17-24)

Sec. 30-415.5. - RM-4, multi-family residential zoning district.

(a)

Intent. The provisions of the RM-4 district are intended to apply to an area of high-density residential development for three or more family units.

(b)

Permitted uses. The following are the only permitted uses:

(1)

Multi-family dwellings.

(2)

Accessory structures and uses:

Accessory structures and uses permitted in the R-1 single-family residential district.

Laundry buildings.

Parking garages and structures.

Cabanas.

Recreation halls and clubhouses.

(c)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area:

Area: Five acres.

(2)

Minimum setback requirements:

Front: 40 feet.

Side interior: 25 feet.

Rear: 25 feet.

Additional setback: 1981 Coastal Construction Control Line.

The provisions of article VII division 4, coastal construction control line standards and criteria shall apply for all lots east of Highway A1A and in general are:

Front setback: Five feet from the lot line.

Side interior setbacks for lots east of Highway A1A are established through the breezeway requirements.

Side corner: Five feet minimum may be included as part of the breezeway requirements.

Rear: 15 feet landward of the CCCL.

There is a minimum of 15 feet setback landward from the CCCL for any structure nearest the CCCL.

(3)

Minimum living area: 1,100 square feet.

(4)

Maximum structure length for any principal structure where three principal structures are to be built: 200 feet.

Maximum structure length for any principal structure where two principal structures are to be built: 250 feet.

The maximum total length for all structures, including principal and accessory, on any lot shall not exceed 531 feet.

(5)

Maximum building height: 96 feet.

(6)

Maximum lot coverage: 30 percent.

(7)

Maximum impervious area: 70 percent.

(8)

Minimum separation between structures: 15 feet for one or two stories, and five feet for each additional story.

(9)

Maximum density: 108 units.

(10)

Minimum breezeway: 35 percent.

(11)

Minimum parking requirements: Two spaces per unit, each with an overall dimension of 9 × 18 feet.

(d)

Special regulations.

(1)

Access. All dwelling units and permitted uses shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. The city shall be allowed access on privately owned roads, easements and common open space to ensure police and fire protection of the area, meet emergency needs, conduct city services and generally ensure the health and safety of the residents of the development.

(2)

Unified control. Title to all land within a proposed site for a development shall be owned or controlled by the developer/owner submitting the application for the development. For purposes of this section, the term "controlled by" shall mean that the developer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the application is approved.

(3)

(4)

Association or nonprofit. The developer shall establish an association or a nonprofit corporation of all individuals or corporations owning property within the development to ensure the maintenance of all common open space. The association or nonprofit corporation shall conform to the following requirements:

The developer must establish the association or nonprofit corporation prior to the sale of any property or portion(s) thereof. Control of all common open space and recreation facilities shall be passed to the association when occupancy permits for 80 percent or more of the residential units have been issued.

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within any development, and such association or corporation shall not discriminate in its members or shareholders.

(Ord. No. 971, § 1, 12-19-07; Ord. No. 1098, § 2, 11-5-14; Ord. No. 1160, § 4, 11-7-18)

Sec. 30-416. - C, commercial district.

(a)

Intent. The provisions of the C district are intended to establish and maintain areas for the development of commercial facilities providing a wide range of goods and services, including mixed commercial and residential use on the same lot, at locations having access to a collector or arterial roadway.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Retail stores, sales and display rooms.

(2)

Personal service establishments, including but not limited to beauty salons, barbershops, laundry and dry cleaning facilities, tailor shops and shoe repair shops.

(3)

Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses.

(4)

General offices and printing establishments.

(5)

Financial institutions.

(6)

Eating and drinking establishments, including bars and cocktail lounges (not permitted west of South Patrick Drive). The following shall apply to outside seating in conjunction with eating establishments:

Parking requirements shall be the same as for indoor seating: one space for each three seats.

Outside seating shall comply with section 6-1 regarding consumption of alcohol on the premises.

The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

Placement of the tables shall be coordinated with fire and safety regulations.

Tables shall be set back a minimum of 50 feet from residential property.

(7)

Veterinary clinics with no outside boarding, excluding inside boarding except in conjunction with customary veterinary practices.

(8)

Commercial recreation structures such as theaters and bowling alleys (not permitted west of South Patrick Drive).

(9)

Public and private clubs and lodges (not permitted west of South Patrick Drive).

(10)

Government buildings and facilities.

(11)

Boutique hotel, but only if located within a self-contained mixed commercial and residential development.

(12)

Accessory structures and uses when permitted in any more restrictive district, and any use permitted in this district as a principal use when incidental to another principal use of the lot, specifically including:

Residential dwelling units on the same lot as a primary commercial use, subject to all of the following conditions:

Residential use must be clearly and permanently accessory and secondary to the primary commercial use.

Residential use is permitted on lots conforming to all of the minimum dimensions set forth in [subsections] 30-416(e)(1) and (e)(2).

Residential dwelling units must conform to the minimum living area requirements of the RM-2 zoning district.

Any residential use located on the first floor of any structure on any lot with frontage on A1A or South Patrick Drive must be located in a structure separate from and behind the structure containing the primary commercial use. It is the intent of this provision that any first floor accessory residential use not be visible from either A1A or South Patrick Drive.

Square footage of the residential use shall be less than 50 percent of the total square footage of any structure. Residential garages, and open porches not exceeding 25 percent of the enclosed residential space, shall not be included in calculating the residential square footage.

Maximum of seven residential units per acre, except that at least two residential units are permitted regardless of the resulting density unless the allowance of two residential units is equal to or greater than 50 percent of total square footage. In the event of such conflict, the square footage limitation shall prevail over the two dwelling unit minimum allowed by this paragraph.

Boat storage is allowed as an accessory use to a commercial principal use if the following standards are met:

The lot must be 0.5 acres or larger.

The lot has a principal structure 2,000 square feet or larger.

Boats located in any storage area(s) are to be substantially screened from view by an opaque fence and/or wall completely enclosing the boat storage area(s). No fence or wall shall be located in front of the front corners of the principal structure located on the lot.

A site plan shall be provided depicting the location of any proposed boat storage area(s), the location(s) of any structure(s) on the lot, the location of any proposed fence(s) and/or wall(s), the location and types of landscaping to provide additional screening, and the location of any access point(s) into the storage area(s), which shall have motion-activated security lighting. All fences, walls, landscaping and lighting shall be properly maintained during the operation of the boat storage activities. Further, any motion-activated security lighting shall be in working condition at all times any boat storage activities are in operation.

Any lot on which boat storage activities are requested/permitted shall be required to provide the following landscaping as a condition of permitting and continued operation of any boat storage activities:

Landscaping shall be provided in front of, and for the entire length of, any wall or fence facing any right-of-way.

ii.

In the event the commercial lot upon which boat storage activities are to occur abuts a residential use, and no wall separates the commercial lot from any residential use as required by the City Code, landscaping shall be provided the entire length of any property line between the commercial lot and any residential use(s). Further, an opaque fence shall be located on the commercial lot along said property line(s) inside any landscaping required by this section. In the event a fence exists along or near any property line between the commercial lot upon which the boat storage activities are to occur and any residential use(s), such fence shall be required to be moved to accommodate the landscaping required by this section and the fence shall be made opaque.

(13)

Medical marijuana treatment center and medical marijuana treatment center dispensing facility.

(14)

Self-storage facilities only on lots that do not front State Road A1A or South Patrick Drive and are 1.5 acres or greater in size. For purposes of this provision, lot size(s) cannot be rounded up to meet the 1.5-acre requirement.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Automobile fuel stations.

Automobile fuel stations must be located at a signalized intersection.

Automobile fuel stations must maintain at least a 50-foot separation between any equipment and residentially used or zoned property.

A traffic study shall be required at time of application as prescribed in subsection 30-303(4).

Separation/setback distances shall not be subject to a variance.

(2)

Car washes.

Purpose. The purpose of this subsection is to establish clear development standards and conditions for car washes to ensure compatibility with surrounding land uses, protect the environment, and maintain the quality of life in the city.

Regulations specific to car washes. In addition to other applicable requirements of the land development code, the following additional requirements shall apply:

Separation. A minimum distance of 4,000 feet (approximately three-fourths of a mile) shall be maintained between car washes, measured from property line to property line.

Proximity to residentially zoned properties. Car wash facilities shall not be permitted adjacent to any property zoned for residential use.

Location. Car washes are prohibited east of Highway A1A.

Noise. Noise levels shall not exceed 65 dba at any property line of an approved car wash.

Design standards. All car washes shall comply with the architectural and site design standards set forth in section 30-422 of the land development code.

Hours of operation. Car washes shall be allowed to operate only between the hours 8:00 a.m. to 10:00 p.m. daily.

Environmental compliance. All car washes shall meet and comply with all applicable federal, state and local wastewater and stormwater regulations, including, but not limited to, requirements of the Florida Department of Environmental Protection (FDEP) and the National Pollutant Discharge Elimination System (NPDES).

(3)

Child care centers complying with state licensing requirements.

(4)

Wholesale businesses.

(5)

Hospitals.

(6)

Public and private utility services, accessory buildings and structures, excluding sanitary landfills, incinerators, refuse dumps and solid waste transfer stations.

(7)

Funeral homes.

(8)

Recreation facilities and clubs, public and private.

(9)

Cultural institutions, including but not limited to museums, libraries, community centers, and botanical and zoological gardens.

(10)

Adult bookstores, adult dancing establishments and adult motion picture theaters.

General requirements. A conditional use for these uses may be granted only if the applicant demonstrates that:

The proposed use and site plan are in harmony and consistent with the purpose of this chapter.

The proposed use is in conformance with all applicable requirements and regulations of this chapter.

The proposed use will not substantially impair the integrity of any validly approved comprehensive plan, and will be consistent with the comprehensive plan.

The proposed use will not adversely affect the health, safety or welfare of residents or workers in the area.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.

The proposed use and site plan otherwise comply with the provisions regarding conditional uses and the proposed zoning district as provided in this chapter.

Imposition of special conditions. As a part of the conditional use approval, the council may restrict advertisement, outdoor display and the location of merchandise, and may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals and general welfare of the community.

Access by underage persons. The owner and all employees of the establishment shall prohibit access to the premises by any person who is under the age of 18 years old.

Prohibited locations.

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control over an adult bookstore, adult motion picture theater or adult dancing establishment within 1,000 feet of another such establishment, within 500 feet of any institutional use or property used for institutional purposes, within 500 feet of any preexisting religious institution or school, within 500 feet of an area zoned or used for residential use within the city, or within 1,000 feet of an establishment that in any manner sells or dispenses alcohol. The distance requirement set out in this subsection shall be considered locational only.

Notwithstanding the provisions of the subsection 1. of this subsection, no adult entertainment establishments shall be allowed north of Roosevelt Avenue on the South Patrick corridor and 500 feet south of Jackson Avenue on the A1A corridor.

Measurement of distance. Distance from a proposed adult entertainment establishment to an existing adult entertainment establishment, a residential area, a church, an establishment that sells or dispenses alcohol, or a school shall be measured from the nearest point that the property lines upon which such uses are located are to each other.

(11)

Churches and places of worship.

(12)

Repair service establishments for items such as household appliances, radios and televisions, air conditioning equipment, electrical appliances, photo equipment, lawn maintenance equipment and small engines (less than 25 horsepower).

(13)

Towers and monopoles subject to regulations set forth in section 30-580.

(14)

Outdoor boat sales on west side of South Patrick Drive.

(15)

Auto, low speed vehicle, golf cart, marine and equipment repair shop.

(16)

In addition to complying with the general conditional use requirements of this Code, pain management clinics shall comply with the provisions section 30-621 of this Code.

(d)

Prohibited uses. The following uses are prohibited:

(1)

Trailer parks.

(2)

New and used car sales.

(3)

Car rental agencies or facilities.

(4)

Trailer sales or rental agencies.

(5)

Kennels.

(6)

Drive-in theaters.

(7)

Warehousing.

(8)

Contractor storage yards.

(9)

Any use operating, using, conducting, or incorporating, or seeking to operate, use, conduct or incorporate, any exception to the gambling laws of this state set forth in F.S. § 546.10.

(10)

All uses not specifically listed as a permitted or conditional use.

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 10,000 square feet.

Width: 100 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior and rear: 15 feet, or 25 feet if adjacent to a dedicated right-of-way or adjacent abutting residential use.

Street side yard: 20 feet.

Minimum building separation: 15 feet.

For all lots east of Highway A1A, the provisions of article VII division 4, coastal construction control line standards and criteria shall apply, in addition to the following:

Front setback: Five feet from the lot line.

Side interior: Side interior setbacks for lots may be reduced to zero feet if other conditions of this chapter are met.

Street side yard setbacks for lots may be reduced to zero feet if other conditions of this chapter are met.

Rear: 15 feet landward of the CCCL.

There is a minimum of 15 feet setback landward from the CCCL for any structure nearest the CCCL.

(3)

Minimum building separation: 15 feet.

(4)

Maximum building height 35 feet west of A1A and 65 feet east of A1A. Flat roofs must not be visible with the use of architectural amenities such as a mansard roof. Reference section 30-422(b).

Except for separate accessory residential structures with garages, which shall be limited to a maximum building height of 35 feet, accessory structures such as garages, sheds, tanks and other structures that are incidental to the primary use shall not extend higher than the main structure and in no case exceed 20 feet in height.

(5)

Maximum lot coverage: 70 percent.

(6)

Maximum impervious area: 70 percent.

(f)

Shared access and parking areas. No side interior setbacks for landscaping are required provided all of the following are met:

(1)

Parking areas and aisles are joined and shared in common with adjacent parcel(s) under separate ownership.

(2)

Curb cuts and driveways on principal roadways (collector and arterial streets) are shared in common parcels involved and a minimum spacing of 150 feet is maintained; or access is provided by an approved frontage road.

(3)

Easements and/or written assurances of shared and common facilities from all property owners involved must be approved prior to the issuance of a building permit or establishment of separate ownership.

If adjacent developments meet all of the requirements described above and, additionally, have buildings on adjacent parcels under separate ownership joined by a common wall, no side interior building setbacks are required.

The parcel must comply with any approved site plan.

(Ord. No. 899, § 1, 1-19-05; Ord. No. 905, §§ 1, 2, 5-25-05; Ord. No. 968, § 1, 7-18-07; Ord. No. 972, §§ 10—12, 8-15-07; Ord. No. 1028, §§ 1, 2, 3-3-10; Ord. No. 1033, § 3, 6-16-10; Ord. No. 1106, § 2, 9-2-15; Ord. No. 1108, § 2, 8-5-15; Ord. No. 1119, § 1, 11-2-16; Ord. No. 1144, § 2, 10-18-17; Ord. No. 1149, § 3, 11-15-17; Ord. No. 1160, § 5, 11-7-18; Ord. No. 1255, § 2, 8-21-24; Ord. No. 1276, § 2, 11-19-25)

Sec. 30-417. - LIU, light industrial district.

(a)

Intent. The provisions of the LIU district are intended to provide sufficient space in appropriate locations for certain types of industrial businesses, light manufacturing, and processing or fabrication of nonobjectional products not involving the use of materials, processes or machinery likely to cause undesirable effects upon surrounding residential or commercial properties.

(b)

Permitted uses. No building, structure, or land and water use shall be permitted except for the following type uses:

(1)

Commercial principal uses as listed in section 30-416(b), which shall be limited to buildings or structures in existence at the effective date of the ordinance from which this chapter is derived.

(2)

Light manufacturing, fabricating, processing, converting, altering, assembling and testing of products such as garments, photographic equipment, electrical machinery and equipment, optical equipment, precision instruments and machinery, electronic equipment and other similar uses.

(3)

Accessory structures and uses when permitted in any more restrictive district, and any use permitted in this district as a principal use when incidental to another principal use of the property.

(c)

Conditional uses.

(1)

Warehousing shall be permitted by conditional use subject to the limitations contained in subsection (f) of this section and section 30-419.

(2)

Adult bookstores, adult dancing establishments and adult motion picture theaters.

General requirements. A conditional use for these uses may be granted only if the applicant demonstrates:

The proposed use and site plan are in harmony and consistent with the purpose of this chapter.

The proposed use is in conformance with all applicable requirements and regulations of this chapter.

The proposed use will not substantially impair the integrity of any validly approved comprehensive plan, and will be consistent with the comprehensive plan.

The proposed use will not adversely affect the health, safety or welfare of residents or workers in the area.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.

The proposed use and site plan otherwise comply with the provisions regarding conditional uses and the proposed zoning district as provided in this chapter.

Access by underage persons. The owner and all employees of the establishment shall prohibit access to the premises by any person who is under the age of 18 years old.

Prohibited locations.

(d)

Prohibited uses. The following uses are prohibited:

(1)

Trailer parks.

(2)

New and used car sales.

(3)

Car rental agencies or facilities.

(4)

Trailer sales or rental agencies.

(5)

Kennels.

(6)

Drive-in theaters.

(7)

Sanitary landfills.

(8)

Any use operating, using, conducting, utilizing, carrying on or incorporating, or seeking to operate, use, utilize, carry on or incorporate, any exception to the gambling laws of this state set forth in F.S. § 849.161(a).

(9)

All uses not specifically listed as a permitted or conditional use.

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: One acre.

Width: 150 feet.

Depth: 200 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: 25 feet, or 50 feet if it abuts a residential district.

Side corner: 25 feet.

Rear: 25 feet, or 50 feet if it abuts a residential district.

(3)

Minimum separation between buildings: 15 feet.

(4)

Maximum building height: 35 feet. Flat roofs must not be visible with the use of architectural amenities such as a mansard roof.

(5)

Maximum lot coverage: 70 percent.

(6)

Maximum impervious area: 70 percent.

(f)

Reserved.

(Ord. No. 968, § 2, 7-18-07; Ord. No. 972, §§ 13, 14, 8-15-07)

Sec. 30-418. - ITU, institutional district.

(a)

Intent. The provisions of the ITU district are intended to establish and maintain areas for development of facilities which serve the public and semipublic needs of the community.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Public and semipublic buildings and activities, such as city hall, public safety buildings, government offices and uses of a similar nature.

(2)

Educational institutions, including but not limited to primary and secondary schools, junior colleges, colleges and universities.

(3)

Health institutions, including but not limited to hospitals, clinics, nursing and convalescent homes, and congregate living homes.

(4)

Cultural institutions, including but not limited to churches and places of worship, museums, libraries, community centers, and botanical and zoological gardens.

(5)

Public recreation uses, including but not limited to parks and playgrounds.

(6)

Accessory structures and uses as follows:

Accessory structures and uses as permitted in RM-3, residential mixed use districts.

Employee fitness centers.

(c)

Conditional uses.

(1)

Auditoriums and concert halls are permitted as a conditional use.

(2)

Towers and monopoles subject to regulations set forth in section 30-580.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 20,000 square feet.

Width: 100 feet.

Depth: 150 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: 25 feet, or 50 feet if adjacent to residentially zoned property.

Side corner: 25 feet.

Rear: 25 feet, or 50 feet if adjacent to residentially zoned property.

(3)

Maximum building height: 35 feet. Flat roofs must not be visible with the use of architectural amenities such as a mansard roof.

(4)

Minimum building separation: 15 feet.

(5)

Maximum lot coverage: 70 percent.

(6)

Maximum impervious area: 70 percent.

Sec. 30-419. - Conditional use.

(a)

Application. By ordinance, the city council may approve a conditional use, which shall prescribe any conditions deemed necessary or desirable for the public interest. Any ordinance authorizing a conditional use shall be construed as allowing only the specifically named or described conditional use.

(1)

To obtain a conditional use, a written application, signed by each owner of the property, shall be submitted, giving the property's legal description, the names and addresses of all owners of the property, the conditional use requested, and the reason therefor.

(2)

The application, together with a traffic impact study, or traffic impact statement if the impact is determined to be de minimus, and a site plan illustrating the following shall be submitted for review:

Use of property and structures on abutting property;

Ingress and egress to property and proposed structures, particularly regarding multi-modal safety and convenience, traffic flow, and control and access in case of fire or other emergency;

Off-street parking, loading, refuse and service areas in relation to internal circulation on the site;

Location, availability, and compatibility of utilities;

Type, dimensions, and character of screening and buffering;

Location and type of signage;

Lighting plan;

Required open space and landscaping;

Location, use, and height of existing and proposed structures.

(3)

All required documentation and fees shall be received within 30 days from receipt or the application will be returned to the applicant and not processed until complete application together with fees is received.

(b)

Criteria for approval. No conditional use shall be recommended by the planning and zoning advisory board, or approved by the city council, unless a determination is made that the conditional use will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will be in harmony with the general purpose of this chapter. In making this determination, the planning and zoning advisory board and the city council shall consider the following:

(1)

Character and use of buildings in the vicinity;

(2)

Traffic to be generated by the conditional use and its impact on nearby properties;

(3)

Traffic conditions in the vicinity, including ingress and egress to property and proposed structures, particularly regarding automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency.

(4)

Off-street parking and loading areas, particularly regarding the items described in (3) above.

(5)

Noise, glare, and odor effects of the conditional use on nearby properties.

(6)

Adverse economic impacts of the conditional use on the value of nearby properties.

(7)

Refuse and service areas, particularly regarding the items in (3), (4), (5), and (6) above.

(8)

Location, availability, and compatibility of utilities.

(9)

Type, dimensions, and character of screening and buffering.

(10)

Signs and proposed exterior lighting, with regard to glare, traffic safety, economic impact, and compatibility and harmony with nearby properties.

(11)

Required open space.

(12)

Height of buildings.

(13)

Landscaping.

(14)

Reasonable compatibility with surrounding uses in regard to function, hours of operation, building size and setbacks, and other factors that may be used to measure compatibility.

(c)

Conditional use deemed conforming use. An approved conditional use shall be deemed a conforming use in the zoning district in which the property is located, provided that it is not extended or expanded without city council approval.

(d)

Expiration of conditional use.

(1)

A conditional use shall expire if construction does not commence within six months of the effective date of the authorizing ordinance, or if construction is not completed within the period of time established by the city council.

(2)

For property where structures exist on the effective date of the authorizing ordinance, the conditional use must commence within six months of the effective date of the ordinance, or the conditional use shall expire.

(e)

Termination of conditional use. When a conditional use stops for a continuous period of six months, the conditional use shall terminate, and use of the premises shall revert to the zoning district in which the property is located, free of the conditional use designation. The city council shall adopt an ordinance to effect such a change to the official zoning map after notice has been given to the owner of record. Such notice shall be given by certified mail to the last known address of the owner, as reflected in the most recent real property tax rolls, at least 15 days in advance of the first reading of the ordinance.

(Ord. No. 946, § 4, 8-16-06; Ord. No. 1235, § 2, 6-7-23)

Sec. 30-420. - Limitations on permitted and conditional uses.

(a)

The following provisions shall apply in all zoning districts.

Every use shall be operated so as to prevent:

(1)

Recurring ground vibration which is perceptible by a reasonable person without instruments at any point beyond the property on which the use is located.

(2)

Offensive odors which are readily perceptible by a reasonable person at any point beyond the property on which the use is located.

(3)

Glare or light of such intensity as to be a nuisance or hazard to the general public.

(4)

Emitting into the air, matter which poses an environmental or human health hazard beyond the property line.

(5)

Discharging onto the ground or into any water body, stormwater drain system or sanitary sewer line, any waste which will be dangerous, toxic, or discomforting to persons, animals, or fish or which will damage plants beyond the property on which the use is located.

(b)

In addition to the provisions in 30-420(a), the following provisions shall apply in Commercial (C) and Light Industrial (LIU) zoning districts.

(1)

All provisions in subsection 30-420(a).

(2)

Every use shall be operated so that the generation, storage, disposal or use of toxic or dangerous chemicals or materials is in compliance with all applicable regulatory agencies governing such activity. Also, the owner of any light industrial zoned property shall notify the building official, in writing, of the location of all underground storage tanks prior to receiving any city licenses or permits.

(3)

Traffic hazards or congestion due to the type of vehicles required by or associated with the use.

(4)

Outside storage is prohibited unless such storage is located entirely within an enclosed wall area. The walls must be stucco, masonry or brick and a minimum of six feet in height. The walls must completely shield the view of the stored matter from public view.

(5)

It shall be unlawful for any person to park or store a recreational vehicle in a commercial zoned district unless associated with the normal course of the permitted use on the property.

Every use shall be operated so as to prevent:

(6)

The source of light rays being not visible at any point above the ground level along the property boundary lines.

(7)

The generation of noise beyond the property line of the property on which the use is located which is hazardous or disruptive to the general public and exceeds a level of 50 dB(A) during the time period of 8:00 p.m. to 8:00 a.m., or 60 dB(A) during the time period of 8:00 a.m. to 8:00 p.m., as measured on the "fast" scale of a sound level meter calibrated to American National Standards Institute (ANSI) standards.

(8)

The danger from fire and explosions pursuant to the following guidelines:

All uses storing, processing or producing free or active burning materials shall be located entirely within buildings or structures having exterior noncombustible walls, and all such buildings shall be set back at 100 feet from all lot lines.

These restrictions are in addition to, and not in place of, any requirements of any fire or safety codes of the city, including but not limited to the National Fire Protection Association (NFPA) 101 Life Safety Code, the Standard Fire Protection Code, the Standard Building Code, the State Fire Marshal Rules, and Florida Statutes.

(9)

The emission of quantities of nuclear or electromagnetic radiation in excess of those standards established by any bureau or agency of the United States of America or the state establishing safety limits for such materials in effect at the time of adoption of the ordinance from which this chapter is derived.

(Ord. No. 972, § 15, 8-15-07; Ord. No. 1148, § 3, 11-15-17)

Sec. 30-421. - Prohibited uses.

Any use not authorized as a permitted, conditional, or accessory use shall be prohibited.

Sec. 30-422. - Architectural design guidelines.

(a)

Generally. The following architectural design guidelines and standards shall apply to all new construction and accessory structures on properties abutting South Patrick Drive, and Highway A1A. In the case of additions or remodeling, the entire structure must be brought into compliance if the addition exceeds 50 percent of the existing square footage or 50 percent of the county's assessed value. Detached accessory tanks may be exempt from these guidelines provided the tank is located over 100 feet from the front property line and is substantially screened with vegetation so as not to be visible from adjacent streets or residences.

In the event that this section does not address a specific criteria or standard, then the general land development regulations will prevail.

(1)

Architectural elevations of all facades of any structure shall be required as an exhibit to the development plan. Such exhibit shall include colors, materials, building dimensions, location of service areas and mechanical equipment, screening devices, site furnishings, lighting fixtures and any other information as determined necessary to insure consistency with the intent of this section. The final approval of all architectural designs shall be determined by the city manager or his/her designee as part of the final site plan approval. Such approval shall include, but is not limited to, roof design, materials, colors, orientation and signage.

(2)

Any exterior change of any structure shall require review and approval by the city manager or his/her designee except: Routine maintenance and replacement of material, which do not affect the approved exterior design, shall be exempt from this section. Any change of exterior color shall be approved by the city manager or his/her designee.

(3)

Permitted architectural styles shall be those recognized by design professionals as having a basis in classical, historical, or academic architectural design philosophies. The following shall not be considered recognized or permitted architectural styles:

Highway architectures commonly described by architectural historians.

Corporate signature or commercial type architecture, unless such is consistent with other requirements of this section.

Any architecture having a reference which is so unique and different from current design philosophy that sets references inconsistent and incompatible with the surrounding structures. Examples of such include igloos, tepees, medieval castles, caves and the like.

Any kitsch architecture which does not resemble a typical structure, but resembles an exaggerated plant, animal, fish, edible food, or other such item such as giant oranges, ice-cream, dinosaurs and the like.

(4)

The use of Florida vernacular style architecture, which includes materials such as wood siding, cementitious materials, standing seam roofs, multi-light windows, and architecture decoration and/or Mediterranean style shall be the design theme in order to identify the development. The use of thematic parking lot lighting and signage shall be required in the development.

(b)

Roof design criteria.

(1)

All roof materials, except Mediterranean style architecture, shall be made of metal shingles, corrugated metal sheet, v-crimp metal sheet or standing seam metal sheet. For any metal roof which is originally manufactured with the color, the colors of steel, tin, grey, hunter, white, blue, copper, terra cotta or light green are the only approved colors. All exterior roof materials shall be either:

Untreated finish such as aluminum, copper or similar materials; or

Factory-painted in colors approved by the city manager or his/her designee.

(2)

Samples must be submitted for approval for all Mediterranean and Florida vernacular style roof materials.

(3)

Flat roofs must not be visible with the use of architectural amenities such as a mansard roof with a minimum slope of 4:12.

(4)

Roof-like architectural appurtenances such as false roofs, parapets, lean-to roofs, and other similar features will be permitted if determined to be required for acoustical mitigation of mechanical equipment or to visually screen such equipment, and must be an intricate feature of a recognized architectural style. Such features shall be placed on all sides of the structure as design permits.

(c)

Balconies and patios.

(1)

Outdoor patio areas of residential units shall be designed to provide visual privacy.

(2)

Balconies may be located on the front of the residential units and shall contain decorative lighting and design features herein. Balconies may be located elsewhere on the buildings.

(d)

Lighting criteria.

(1)

Exterior architectural, display or decorative lighting (not located on a building) visible from the roadway shall be generated from an enclosed light source, low-level light fixtures. The use of neon lighting is prohibited except in window signs. Exterior lighting located on a building shall be contained in a light fixture that complements the approved theme as described in subsection (a)(4) above. Lighting that outlines the roof, overhang, windows, doorways or other similar architectural facade features shall not be allowed.

(2)

Street lamps shall conform to the development theme and must be located at any driveway entrance, or pedestrian entrance within three feet of the public right-of-way.

(3)

All lighting shall be positioned to prevent glare or spillover onto adjacent properties and be in compliance with section 30-546, "Sea Turtle Protective Lighting." All lighting lumens shall fall to zero at the property line.

(e)

Specific details for general architectural treatments.

(1)

For Florida vernacular treatments, exterior-building materials shall consist of or accurately resemble horizontal or vertical wood or cementitious siding. Historically correct details, such as door framing, window framing, and corner framing, shall be provided when applicable.

(2)

For Mediterranean style architecture, roofs shall be tile and exterior buildings shall resemble coquina stone/facing, cementitious or shell-based stucco or smooth surface finish brick.

(f)

Miscellaneous provisions.

(1)

Structures, which are situated on corner lots, through lots, or are clearly visible from rights-of-way and public area, shall be designed with full architectural treatment on all visible sides.

(2)

Colors shall be of a scheme, which is inherent to the adopted recognized architectural style within the redevelopment district.

(3)

All service areas and all equipment (ground or roof) shall be screened using architectural features consistent with the structure, or landscaping to provide opaque screening.

(g)

Mandatory standard design criteria. All buildings are required to include the following design features:

(1)

All buildings shall have a minimum of any three of the following design features:

• Canopies or porticos, integrated with the building massing and style;

• Arcades, a minimum of six feet in width;

• Sculptured art work;

• Raised cornice parapets over doors;

• Peeked roof forms;

• Arches;

• Display windows;

• Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and over all design;

• Gazebos;

(2)

In addition to the minimum design feature requirements of subsection (1) above, all buildings shall have a minimum of any one of the following design elements:

• Decorative landscape planters or planting areas, a minimum of five feet wide and areas shaded seating consisting of a minimum of 100 square feet;

• Integration of specialty pavers, or stamped concrete along the buildings walkway; or

• Water elements such as fountains, statuary and the like.

(Ord. No. 935, § 1, 5-3-06; Ord. No. 946, § 5, 8-16-06; Ord. No. 972, § 16, 8-15-07; Ord. No. 1073, § 2, 7-17-13)

Sec. 30-423. - Nonconformity.

(a)

Generally.

(1)

Within the zoning districts, there may exist lots, structures, and land and structure uses which were lawful before this article was adopted or amended, but which are prohibited or restricted by this article or its future amendments. Such lots, structures, and uses are deemed to be nonconforming with permitted lots, structures, and uses in their respective districts. It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their continuation. It is the further intent of this article that such nonconformities shall not be enlarged or used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.

(2)

No lot existing when this article was adopted shall be reduced in size below the minimum requirements of this article. Lots created after this article was adopted shall meet the minimum requirements established by this article, except those lots east of Highway A1A within the EAAA, that may be affected by erosion, storm surge, sea level rise, hurricanes or other disasters. (This is another grandfather clause.)

(3)

City council may grant a grace period for rebuilding in the event of a catastrophic event. In no case shall any grace period exceed 12 months from the date of the catastrophic event to the date of submitting the request.

(b)

Nonconforming lots. Where two or more nonconforming lots with adjoining frontages have the same owner, or where a nonconforming lot and a conforming lot with adjoining frontages have the same owner, such lots shall be combined.

(c)

Nonconforming structures. If a structure lawfully in existence when this article was adopted could not be built or modified under this article, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Alteration of structure. Nonconforming structures may be altered as long as the nonconformity is not increased in any way, the alteration complies with all applicable regulations in effect at the time of alteration, and the entire resulting premises meets all off-street parking, landscaping, and impervious surface requirements of this chapter.

(2)

Reduction in nonconformity. For alterations reducing a structure's nonconformity, the property owner shall submit a site plan for approval by the city council. To the extent possible based on site conditions, the city council shall require compliance with all land development regulations in existence when the reduction is permitted.

(3)

Damage or destruction of structure. Any structure, either existing, permitted or approved by the appropriate regulatory agency or agencies on November 7, 2006, shall be allowed to be built, rebuilt or repaired in the event of a casualty or catastrophe, even if such structure(s) is or are nonconforming for failure to comply with the then-existing regulations governing density, height and/or breezeway, except for structures that become substantially damaged or become vulnerable structures due to erosion, which must come into conformance with article VII, division 4. (This grandfathers owners as well for all but erosion—If they are not substantially damaged-owners can modify in place.)

(4)

Relocation of structure. When a nonconforming structure is relocated for any reason for any distance, it shall conform to regulations for the district in which it is thereafter located.

(5)

Damage or destruction of structure with a nonconforming use. Whenever a structure, or structure and land combination, in or on which a nonconforming use is situated is damaged to an extent exceeding two-thirds of the replacement cost at the time of such damage, the use of such structure or structure and land in combination shall thereafter conform to the regulations for the district in which such structure is located.

(d)

Nonconforming uses of land. Within six months from the date this article is adopted, all nonconforming uses of land without a principal structure shall conform to the permitted uses of this article.

(e)

Nonconforming uses of structures. If a structure use lawfully in existence when this article was adopted is not allowed under this article, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Changes to existing structure. No existing structure devoted to a use which is not permitted by this article in its zoning district shall be structurally altered, enlarged, reconstructed, or relocated.

(2)

Repair of structure with nonconforming use.

Ordinary repairs and replacement of walls, fixtures, wiring, or plumbing may be performed, provided that the structure's square footage existing when this article was adopted is not increased and no exterior wall is relocated other than to reduce a nonconformity.

Nothing in this article shall be deemed to prevent restoring to a safe condition any structure, or part thereof, declared to be unsafe by any public-safety official, except for structures that become substantially damaged or become vulnerable structures due to erosion, which must come into conformance with article VII, division 4.

(3)

Change of use. If no structural alterations are made, the city council may change a nonconforming use of a structure to a different nonconforming use if the different nonconforming use has less impact on the surrounding neighborhood. The city council may require appropriate conditions and, to the extent possible based upon the configuration of the structure and lot, shall require compliance with all land development regulations in effect at the time of the change.

(4)

Discontinuance of use.

When a nonconforming use is discontinued for six consecutive months, or for 18 months during any three-year period, the use shall thereafter conform to regulations of the district in which it is located.

Whenever a structure with a nonconforming use is damaged to an extent exceeding ⅔ of its assessed value, the use shall thereafter conform to regulations for the district in which it is located.

(f)

Uses not deemed nonconforming. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish a nonconforming use. Such use shall not be validated by the adoption of this article unless it complies with the provisions of this article.

(g)

Any application for the construction of any structure and/or improvement made prior to January 31, 2024, which may be interpreted as a use or structure not allowed by City Code, shall be allowed to continue/proceed as approved and permitted.

(Ord. No. 946, § 6, 8-16-06; Ord. No. 960, § 1, 6-6-07; Ord. No. 1160, § 9, 11-7-18; Ord. No. 1268, § 2, 3-5-25)

Sec. 30-424. - Off-street parking.

(a)

Purpose. The purpose of this section is to create an efficient and safe system of on-site traffic circulation which accommodates vehicles, bicycles, and pedestrians and provides for adequate parking and loading in a manner which ensures compatibility of such activities with nearby properties. In order to promote environmentally conscious building and land development, these regulations further provide for maximum non-residential off-street parking to assist in limiting stormwater runoff.

(b)

General requirements for off-street parking.

(1)

Installation required. Off-street parking required by this section shall be provided for all development before a certificate of occupancy is issued for any principal structure or at the time any principal structure is increased in capacity.

(2)

Illumination. The parking area of any commercial or public area for nighttime use shall be illuminated by electric lights, and the light source shall be shielded from all residential areas.

(3)

Maintenance. All off-street parking areas shall be well maintained and clearly striped, with all lighting in working condition.

(4)

Handicap parking. The requirements for handicap parking shall be in accordance with applicable Florida Statutes.

(5)

Size of parking spaces. All parking spaces, except for handicap, shall be a minimum of nine feet wide by 18 feet deep.

(c)

Off-street parking spaces. For all zoning districts, in addition to the garage parking spaces required by each zoning district for all residential dwelling units, the following off-street parking spaces shall also be required:

(1)

For accessory residential units in a mixed commercial and residential development, the following parking requirements shall apply:

Development with seven or fewer accessory residential units, at least one off-street parking space shall be required for each residential unit.

Developments with eight or more accessory residential units, at least one and one-half off-street parking spaces shall be required for each residential unit.

(2)

For all other residential units, at least two off-street parking spaces shall be required for each unit.

(3)

For non-residential uses, the off-street parking space requirements in the following table sheet shall apply.

Non-Residential Off-Street Parking Space Requirements ¹				One Bicycle Space per # Auto Spaces
	for each 175 sq. ft.	for each 200 sq. ft.	for each 300 sq. ft.	for each space	for each 10 spaces
Auto, marine, or equipment repair shops	X			N/A	N/A
Assembly facilities (religious, auditoriums and concert halls, commercial recreation establishments) ²					X
Private recreation facilities, clubs, and lodges ²					X
Eating and drinking establishments ⁴					X
Private schools ³				X
Cultural facilities		X			X
Banks, credit unions, and retail stores			X		X
Personal services establishments			X		X
Offices, business and professional			X		X
Veterinary clinics			X		X
Nursing and convalescent homes ³				N/A	N/A
Medical and dental		X			X
Boutique hotels ⁵				N/A

¹ For uses not included in this table, the building official shall determine the number of off-street parking spaces based on requirements for similar uses and appropriate traffic engineering and planning data. For unusual circumstances, the building official shall determine the number of off-street parking spaces based on a parking study prepared by a professional traffic engineer and appropriate traffic engineering and planning data.

² One auto space for each four seats.

³ One auto space per employee on the largest shift and one space per each 500 square feet.

⁴ One auto space for each three seats; except that for an eating and drinking establishment included in a boutique hotel, the parking requirement shall be computed at one auto space per six seats.

⁵ One auto space for each guest room, plus one auto space for each employee or contract person working that/those shift(s) at which the greatest number of employees or contract persons will be scheduled (including shift overlaps), including but not limited to administrative, security, housekeeping and maintenance.

The auto space requirements in footnotes 4 and 5 for boutique hotels and associated eating and drinking establishments are cumulative.

(4)

Maximum off-street parking for nonresidential uses. The maximum paved off-street parking allowed for any nonresidential use is limited to up to 20 percent more than the minimum total required parking. If any permitted off-street parking spaces above the required minimum is a decimal, that number shall be rounded to the nearest whole number. If any person desires parking in addition to the allowed paved maximum, any parking above the allowed paved maximum shall be constructed using only pervious materials.

(Ord. No. 1106, § 3, 9-2-15; Ord. No. 1144, § 2, 10-18-17; Ord. No. 1176, § 2, 10-2-19)

Sec. 30-425. - General requirements for off-street parking facilities.

Paved and unpaved area. An area equal to ⅔ of the total required parking area must be paved and striped. The remaining ⅓, upon the recommendation of the planning and zoning advisory board and approval by city council based on proposed uses of the facility, may be unpaved and placed in grass available for future paving. It is the intent of this subsection to cover both present and future parking needs for the building structure and give consideration to the original proposed use of the building.

Sec. 30-426. - Location of parking spaces.

(a)

Standard parking spaces.

(1)

The building official may approve off-site parking facilities as part of the parking requirements by this chapter if:

The location of the off-site parking spaces will adequately serve the use for which it is intended. The following factors shall be considered:

Proximity of the off-site spaces to the use that they will serve.

Ease of pedestrian access to the off-site parking spaces.

Whether or not off-site parking spaces are compatible with the use intended to be served.

The location of the off-site parking spaces will not create unreasonable:

Hazards to pedestrians.

Hazards to vehicular traffic.

Traffic congestion.

Interference with access to other parking spaces in the vicinity.

Detriment to any nearby use.

The developer supplies a written agreement, approved in form by the city attorney, ensuring the continued availability of the off-site parking facilities for the use they are intended to serve.

(2)

A lot or parcel of land in a residential district may be used to satisfy all or any part of the off-street parking requirements for a permitted use in a business district by complying with all of the following provisions, including such other requirements as the city council shall deem appropriate.

The lot in the residential district shall abut the lot in the business district, or shall not be separated therefrom by a public right-of-way exceeding 50 feet in width, and shall be contained within boundaries formed by the extension, in a straight line, of the boundaries of the lot in the business district. The furthermost point of the parking area shall not exceed a distance of 250 feet from the business lot it serves. An offset of the residential lot lines from the extension of the business lot lines amounting to not more than ten percent of the width of the business lot shall be acceptable.

The lot in the residential district shall be under the same ownership as the lot it serves in the business district.

The use of the lot in the residential district is restricted to off-street parking purposes (less than 24 hours) of passenger vehicles of employees, customers or guests of the person controlling and operating the lot only, and all other uses, including signs, are prohibited, except that not more than one identification sign not exceeding four square feet in area may be permitted.

The lot shall be separated from abutting residential areas by a brick, stone, simulated masonry brick or simulated stone wall (both sides), six feet high, extending to the front setback line required for residential structures in the applicable zones. The wall shall extend in the same direction from that setback point to a point nine feet from the streetside property line. That portion shall be 32 inches in height.

The paved parking area shall be set back a distance of nine feet from the streetside property line. Sidewalks will be installed and maintained as required by section 30-283.

The setback area shall be suitably landscaped, and such landscaping shall be maintained in a healthy condition continuously or shall be replaced. The city council may revoke a conditional use permit if such maintenance is not performed on a timely basis.

Lighting of the parking area shall be in such a manner that a minimum of light shall fall upon adjoining residential areas. The source of light shall not exceed a height of four feet and shall be directed in such a manner that the direct source of illumination (the filament of an incandescent lamp, or its equivalent) cannot be viewed from any elevation above two feet at any point on the boundary line of the parking lot.

Adequate storm drainage shall be provided to ensure that stormwaters are directed away from abutting residential properties.

No charges are to be made for parking on the lot.

The lot is not to be used for sales, repair work or servicing of any kind.

Entry and exit will be determined by the planning and zoning advisory board with the advice of the police department.

Such other conditions may be imposed as may be deemed necessary by the city council to protect the character of the residential district.

(b)

Reserved.

(c)

Reserved.

(d)

Width of traffic aisles. The minimum width of traffic aisles in off-street parking areas shall be as indicated in the following table.

Minimum Width of Traffic Aisles in
Off-Street Parking Areas

Parking Angle	One-Way Traffic	Two-Way Traffic
0° (Parallel to Curb)	12'	24'
45°	15'	not allowed
60°	15'	not allowed
90° (Perpendicular to Curb)	22'	24'
No Parking Allowed	15'	24'

(e)

Location of off-street parking.

(1)

Vehicle parking.

All required off-street parking shall be located on the same parcel as the use it is intended to serve, except that the city council may approve off-site parking if:

The location of the off-site parking will adequately serve the intended use. The following factors shall be considered:

Proximity of the off-site parking to the use it will serve.

ii.

Ease of pedestrian access to the off-site parking.

The location of the off-site parking will not create unreasonable traffic congestion, interference with access to other parking in the vicinity, hazards to pedestrians or vehicular traffic, or detriment to any nearby use.

The developer supplies a written agreement, approved in form by the city attorney, ensuring the continued availability of the off-site parking for the use it is intended to serve.

Driveways may be used to meet off-street parking requirements for single-family and duplex dwellings, provided that sufficient spaces are available on such driveways to meet the requirements of this section and no portion of such spaces is located in a public right-of-way.

No parking shall be located within any required visibility triangle.

(2)

Bicycle parking. Bicycle parking shall be located in a highly-visible, active, well-lighted area near a building's principal entrance and shall not interfere with pedestrian movements.

(f)

Design standards.

(1)

Each parking and loading area shall be designed to accommodate the type of use intended to be served and its hours of operation, number of cars to be served, surrounding street pattern, adjacent buildings, and other improvements in the neighborhood. The parking area shall be designed to cause the least amount of adverse effects on adjoining or neighborhood properties.

(2)

Each parking space, excluding single-family and duplex, shall have appropriate access to a street or alley and a maneuvering and access area sufficient to permit vehicles to enter and exit the site in a forward motion.

(3)

The design of off-street parking areas shall be based on a definite and logical system of drive lanes to serve the parking and loading uses.

(4)

Except for single-family and duplex residences, each parking space shall be directly accessible without driving over or through any other parking space.

(5)

Traffic control signs and other pavement markings shall be used as necessary to ensure safe and efficient traffic operation in the parking area. Such signs and markings shall be subject to the approval of the city engineer.

(6)

Loading areas shall not be located in any public right-of-way.

(7)

A minimum backup distance of 20 feet shall be required between the subject property line and the first off-street parking space.

(g)

Queuing. In addition to meeting all other applicable requirements of this section, all drive-through establishments shall meet the following criteria:

(1)

Each queuing lane must be clearly defined and designed to avoid interfering with other traffic using the site.

(2)

A clearly-designated bypass lane at least ten feet wide shall be provided adjacent to the queuing lane.

Exception: In the case of an establishment which does not have a menu board and only a pick-up window, a bypass lane is not required provided:

All parking stalls adjacent to the required number of queuing spaces are designated as "Employee Parking Only" and;

There shall be a minimum of ten feet between the parking stalls and the queuing spaces to allow a vehicle to bypass.

(3)

The minimum number of required queuing spaces, in addition to the vehicle being serviced, shall be as provided in the following table. Each queuing space shall be at least nine feet by 18 feet in size. Except for gasoline pumps, queuing shall be measured from the point of ultimate service to the rear of the queuing lane.

Drive-Through Establishments	Minimum Queuing Spaces for Each Drive-Through Lane
Bank and Credit Union	4
Restaurant	6 (4 of these before menu sign)
Automobile Service Station Gasoline Pump	1 parking space at the gasoline pump and one queuing space behind the car at the pump
Pick Up Window and All Other Drive-through Establishments	2

(Ord. No. 935, § 2, 5-3-06)

Sec. 30-427. - [Binding development plan].

(a)

Binding development plan. Rezoning of certain parcels of property may be permitted by the city council when such rezoning requests are accompanied by binding development plans as prescribed in this section because of concerns over allowable uses within the requested zoning district. Such binding development plans would eliminate these use concerns and ensure that the rezoning would be in the best interest of the general health, safety and welfare of the residents of the city. In presenting a binding development plan with a rezoning request, the following conditions must be met:

(1)

Any person seeking to rezone any lot, tract or parcel of land may submit a binding development plan with the rezoning request for purposes of detailing the specific use for which the person wishes to utilize the property. Upon submission of the binding development plan, the person shall be bound by the binding development plan unless the property is rezoned or the plan is amended by the city council.

(2)

Any site plan submitted under this section shall comply with article III, division 1.

(3)

If a person submitting a binding development plan fails to begin construction upon the property within the time permitted in section 30-303(e), the binding development plan shall be void, and no construction shall be permitted upon the rezoned property until such person submits a site plan pursuant to the requirements of article III, division 1.

(4)

For purposes of this section, the term "person" shall mean the applicant for rezoning, the owner if the owner is not the applicant, and the heirs, assigns and successors in interest of the applicant and the owner.

(b)

Notice to adjacent communities. When any proposed change of a zoning district boundary lies within 250 feet of an adjoining incorporated or unincorporated area, a courtesy notice shall be forwarded to the governing body of such adjoining incorporated or unincorporated areas, at least 15 days in advance of the hearing date, in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of such district boundary change.

(c)

Limitation of subsequent applications. Whenever any application for a change of zoning shall have been finally determined, no other or further application for a change of zoning with reference to the particular property affected by such application, or with reference to other property similarly situated, will be considered for a period of six months following the date of such action. Should conditions affecting such property materially change, in the opinion of the city council, or should a modified plan for a rezoning be presented to the city council, either of which in the opinion of the council would justify action before the expiration of such six-month period, the council, by concurring vote of four members, may permit the filing of such application for a rezoning notwithstanding the provisions of this section.

Sec. 30-428. - CU, conservation district.

(a)

Intent. The provisions of CU classification are intended to protect, preserve, enhance, and establish areas of fisheries, wildlife, and wildlife and marine habitat through the utilization of professional best practices.

(b)

Permitted uses. Permitted uses are as follows only when any potential disturbance to natural areas is mitigated:

(1)

Activities directly related to the preservation, restoration, enhancement, and management of natural resources.

(2)

Removal of invasive species identified on the most recent Florida Invasive Species Council List of Invasive Plant Species.

(3)

Activities permitted through the Florida Department of Environmental Protection.

(4)

Environmental research, educational projects and programs, and related structures.

(5)

Passive recreational activities as determined by city staff.

(6)

Camping areas.

(7)

Site amenities related to low intensity recreational and educational uses such as picnic tables, rest rooms, boardwalks, pathways, and benches.

(c)

Property development regulations.

(1)

Any plan for development, defined as the alteration of the natural landscape, shall include:

Environmental site assessment clearly delineating the following environmental features:

Ecosystem type.

Hydrology.

Soils.

Wildlife and marine species usage.

Evaluation statement of habitat quality and the integrity of the aquatic or terrestrial system to support species.

Mitigation plan for any disturbance to the natural area.

(2)

The environmental site assessment shall be utilized to determine the location on a particular site where development could occur with the least amount of impact.

(3)

Uses on the site shall be compatible with the natural state for the protection of natural vegetation flora, fauna, or wildlife habitat present or to be established thereon.

(4)

All proposed structures, to include trails, man-made habitats, and blinds, shall be able to be maintained in such a way that will not cause substantial disturbance to the surrounding natural areas and shall incorporate low impact design techniques.

(5)

Activities requiring permits shall not commence until all required permits have been issued by the city and all other applicable regulatory agencies. Permits from other agencies shall be provided to the city before the city will issue a permit.

(Ord. No. 1236, § 2, 6-7-23)

Satellite Beach City Zoning Code

ARTICLE IV

ZONING

Sec. 30-401.- Purpose of article.

Sec. 30-402. - Interpretation of article.

Sec. 30-403. - Generally.

(a)

(b)

(c)

(d)

(e)

(Ord. No. 946, § 3, 8-16-06; Ord. No. 972, § 7, 8-15-07)

Sec. 30-404. - Official zoning map.

(a)

(b)

(c)

Maintenance. The building official shall be responsible for updating and maintaining the official zoning map.

(d)

(e)

Sec. 30-405. - Interpretation of district boundaries.

Where uncertainty exists as to district boundaries shown on the official zoning map, the following rules shall apply:

(a)

Boundaries following center line of roadways. Boundaries indicated as approximately following the center line of any roadway, street, or alley shall be construed to follow such center line.

(b)

(c)

Abandoned roadways. Where a roadway, street, or alley is officially vacated or abandoned, it shall be governed by regulations applicable to the property to which it reverted.

(d)

Boundaries following lot, section, or tract lines. Boundaries indicated as approximately following platted lot, section, or tract lines shall be construed as following such lines.

(e)

(f)

Boundaries following city limits. Boundaries indicated as approximately following city limits shall be construed as following such limits.

(g)

(h)

Boundaries following center line of water bodies. Boundaries indicated as approximately following the center line of any body of water shall be construed to follow such center line.

(i)

(j)

(k)

(l)

Sec. 30-406. - Zoning districts established.

(1)

R-1A, single-family residential district.

(2)

R-1, single-family residential district.

(3)

R-2, single-family residential district.

(4)

R-3, single-family residential district.

(5)

R-4, single-family residential district.

(6)

R-5, single-family residential district.

(7)

RM-1, two-family residential district.

(8)

RM-2, multifamily residential district.

(9)

RM-3, residential-mixed use district.

(10)

C, commercial district.

(11)

LIU, light industrial district.

(12)

ITU, institutional district.

Sec. 30-407. - R-1A, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Accessory structures and uses as follows:

Garden, tool and storage buildings, gazebos, cabanas, piers and docks.

Swimming pools, tennis courts and similar minor recreational facilities.

Satellite dish antennas.

Home occupations.

Detached garage.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation facilities. Golf, tennis, and yacht clubs, and similar private recreation facilities.

(2)

Churches, synagogues and mosques.

(3)

Public utilities.

(4)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 20,000 square feet.

Width: 100 feet.

Depth: 120 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: 15 feet.

Side corner: 25 feet.

Rear: 25 feet.

(3)

Maximum building height: 40 feet.

(4)

Minimum living area: 3,000 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1245, § 3, 2-21-24)

Sec. 30-408. - R-1, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Accessory structures and uses as follows:

Garden, tool and storage buildings, gazebos, cabanas, piers and docks.

Swimming pools, tennis courts and similar minor recreational facilities.

Satellite dish antennas.

Home occupations.

Detached garage.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation facilities.

(2)

Places of worship.

(3)

(4)

Public utilities.

(5)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 10,000 square feet.

Width: 85 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Ten feet or ten percent of frontage, whichever is greater. Ten feet or ten percent of frontage, whichever is greater for any structure between 30—35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 20 feet.

Canal, river or bulkhead line: 20 feet.

(3)

Maximum building height: 35 feet. All roof coverings shall be either tile, composition (dimensional) shingle or metal roofs.

(4)

Minimum living area: 1,850 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers.

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 2, 11-16-16; Ord. No. 1245, § 4, 2-21-24)

Sec. 30-409. - R-2, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 8,000 square feet.

Width: 80 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Ten feet or ten percent of frontage, whichever is greater. Ten feet or ten percent of frontage, whichever is greater for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,750 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 3, 11-16-16)

Sec. 30-410. - R-3, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,675 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 4, 11-16-16)

Sec. 30-411. - R-4, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet, except 20 feet in Eau Gallie Shores Subdivision when the right-of-way is 60 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,450 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 5, 11-16-16)

Sec. 30-412. - R-5, single-family residential district.

(a)

(b)

Permitted uses. Permitted uses are the same as in the R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are the same as in the R-1 single-family residential district.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet.

Width: 75 feet.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet.

Side interior: Eight feet or ten percent of frontage, whichever is greater. Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,575 square feet. In no case shall the garage area exceed 50 percent of the living area.

(5)

An attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 6, 11-16-16)

Sec. 30-413. - RM-1, two-family residential district.

(a)

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Duplex, two-family dwelling units.

(3)

Accessory structures and uses as permitted in R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation areas.

(2)

Places of worship.

(3)

(4)

(5)

Public utilities.

(6)

Congregate living facilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

Area: 7,500 square feet for single-family dwellings, and 10,000 square feet for duplex dwellings.

Width: 75 feet for single-family dwellings, and 100 feet for duplex dwellings.

Depth: 100 feet.

(2)

Minimum setback requirements:

Front: 25 feet, except 20 feet in Eau Gallie Shores Subdivision when the right-of-way is 60 feet.

Side interior: Seven and one-half feet.
Ten feet for structures between 30 and 35 feet in height.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street. (Primary structure, if destroyed, may be rebuilt on existing footprint.)

Rear: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,450 square feet for single-family dwellings, and 900 square feet for duplex dwellings.

(5)

Single-family dwelling and duplex, an attached two-car garage is required (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 50 percent.

(7)

Maximum impervious area: 50 percent plus an additional ten percent for pavers.

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(Ord. No. 1131, § 7, 11-16-16)

Sec. 30-414. - RM-2, multiple-family residential district.

(a)

Intent. The provisions of the RM-2 district are intended to apply to an area of medium-density residential development for three- or more family units.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Multifamily dwellings.

(2)

Accessory structures and uses as permitted in R-1 single-family residential district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Publicly operated parks and recreation areas.

(2)

Places of worship.

(3)

(4)

(5)

(6)

(7)

Public utilities.

(d)

Property development regulations. Property development regulations are as follows:

(1)

Maximum density: Seven units per acre.

(2)

Minimum lot area and dimensions:

Area: 13,068 square feet, except 10,000 square feet in Eau Gallie by the Sea subdivision.

Width: 100 feet.

Depth: 100 feet.

(3)

Minimum setback requirements:

Front: 25 feet.

Side interior: 15 feet.

Side corner: 20 feet, or 25 feet if the garage entrance faces the street.

Rear: 15 feet.
Minimum setback requirements shall increase to 25 feet when a multistory building abuts a single-family zoning district.

(4)

Minimum separation between primary buildings:

Front: 25 feet.

Side: 15 feet.

Rear: 15 feet.

(5)

One attached two-car garage is required per unit (20 feet by 20 feet, inside measurement).

(6)

Maximum lot coverage: 30 percent.

(7)

Maximum impervious area: 70 percent

Exemption: Swimming pools are exempt from the requirements for impervious area percentages.

(8)

Maximum building height: 35 feet.

(9)

Maximum building length: 200 feet.

(10)

Minimum living area:

One-bedroom unit: 800 square feet.

Two-bedroom unit: 1,000 square feet.

Each additional bedroom: Add 125 square feet.

(Ord. No. 1131, § 8, 11-16-16)

Sec. 30-415. - RM-3, residential-mixed use district.

(a)

(b)

Permitted uses. Permitted uses are as follows:

(1)

Duplex or multifamily dwellings.

(2)

In that portion of the district located south of DeSoto Parkway and east of Highway A1A, only single-family, two-family, and three-family dwellings shall be permitted.

An increase in the number of dwelling units existing on any developed lot in this area on April 1, 2009, shall be prohibited.

The total number of dwelling units permitted in this area shall be 40.

(3)

Accessory structures and uses:

Accessory structures and uses permitted in the R-1 single-family residential district.

Laundry buildings.

Parking garages and structures.

Cabanas.

Recreation halls.

(4)

Single-family dwellings.

(5)

Resort dwelling rental.

East of Highway A1A.

30-day minimum rental period

Performance standards

State license required.

Local business tax receipt required.

(c)

Conditional uses. Conditional uses are as follows:

(1)

(2)

Places of worship.

(3)

Professional offices, including but not limited to accountants, architects, doctors, attorneys and engineers.

(4)

Business offices, including but not limited to real estate offices, insurance offices and financial institutions.

(5)

General offices.

(6)

(7)

Parks and recreation areas.

(8)

(9)

(10)

Financial institutions without drive-through tellers.

(11)

Towers and monopoles subject to regulations set forth in section 30-580.

(12)

(d)

Property development regulations. Property development regulations (excluding townhouse development) are as follows:

(1)

Minimum lot area and dimensions for multifamily uses:

Area: One acre.

Width: 100 feet.

Depth: 100 feet.

(2)

Minimum lot area and dimensions for duplexes and single-family uses:

Area: 10,000 square feet.

Width: 100 feet.

Depth: 100 feet.

(3)

Minimum setback requirements:

Front: 25 feet.

Side interior: 25 feet, except 15 feet between commercial land uses.

Side corner: 25 feet.

Rear: 25 feet except 15 feet between commercial land uses.

The provisions of article VII, division 4, coastal construction control line standards and criteria shall apply for all lots east of Highway A1A and in general are:

Front setback: Five feet from the lot line.

Side interior setbacks for lots east of Highway A1A are established through the breezeway requirements.

Side corner: Five feet minimum which may be included as part of the breezeway requirements.

Rear: 15 feet landward of the CCCL.

There is a minimum of 15 feet setback landward from the CCCL for any structure nearest the CCCL.

(4)

Additional setbacks for all building types:

Canal bulkhead line: 20 feet.

River bulkhead line: 20 feet.

1981 Coastal Construction Control Line.

(5)

Minimum living area, for multifamily and duplexes: 1,100 square feet. Minimum living area for single-family: 1,850 square feet.

(6)

Maximum structure length: 200 feet.

(7)

Maximum building height: 35 feet west of Highway A1A, or 65 feet east of Highway A1A.

(8)

Maximum lot coverage: 30 percent.

(9)

Maximum impervious area: 70 percent.

(10)

Minimum separation between structures: 15 feet for one or two stories, and five feet for each additional story.

(11)

Minimum breezeway and density:

Height (feet)	Maximum Density per Acre	Minimum Breezeway
0 to 38	8	40%
Over 38 to 47	9	40%
Over 47 to 56	10	50%
Over 56 to 65	11	60%