This district is intended to carry out the following objectives:

(1)

Promote innovative and creative design of residential and nonresidential areas;

(2)

Promote efficient use of land by facilitating a more economic arrangement of buildings, infrastructure, circulation systems, land use and facilities;

(3)

Encourage high standards in the layout, design and construction of residential and nonresidential development and promote opportunities for varied housing types;

(4)

Conserve, protect and enhance the natural environment through flexibility of design and development within a PUD, and preserve environmentally sensitive lands;

(5)

Provide more useable and suitably located open space and recreation facilities, as well as other public and common facilities than would otherwise be provided under conventional land development planning practices; and

(6)

Achieve harmonious building and site designs.

Any PUD submitted for approval shall be consistent with all provisions of the city's comprehensive plan, this chapter and all land development regulations of the city. In the event of a conflict between the provisions of this article and any other provision of this chapter, the provisions set forth in this article will prevail. Each development segment within the PUD shall be assigned a future land use map designation and internal zoning district(s) based upon the approved conceptual development plan, which shall serve as the underlying zoning for purposes of determining development characteristics within the PUD.

All PUD applications shall be reviewed pursuant to provisions of this article. In addition, PUD applications shall comply with provisions of the city's subdivision regulations presently set forth in Article III, subdivision and platting of land, except for the following:

(1)

That construction and occupancy of residential units located south of the roadway designated as Patrick Drive shall be allowed subject to the following:

(a)

Construction of residences may be commenced on lots designated and approved on a preliminary development plan approved by the city council, and

(b)

Certificates of occupancy shall not be issued for any such residences until final inspection of the residence(s) have been completed and approved and the construction of associated streets and utilities necessary for use and occupancy of said residence(s) are constructed, inspected and approved to allow safe and beneficial use of said residence(s).

Review time for plats shall conform to provisions of this article.

(2)

Lots North of Patrick Drive shall be allowed subject to the following:

(a)

Performance and payment bond. Construction of residential units on lots designated and approved on a preliminary development plan approved by the city council and located north of the roadway designated as Patrick Drive shall be allowed, subject to the applicant guaranteeing the construction and installation of all required infrastructure improvements by filing a performance and payment bond executed by a surety company authorized to do business in the State of Florida by the State of Florida Insurance Commissioner with a minimum AAA Best Rating; a tri-party agreement; a money order, cashier's check, certified check, or a letter of credit issued by a Florida bank or savings and loan association located in the State and licensed by the United States of America or State of Florida Comptroller to do business in Florida as a bank or savings and loan association; or cash. Said guarantee(s) shall be in the amount of 120 percent of the construction costs of any required infrastructure improvements that have not been started, as well as 120 percent of any uncompleted required infrastructure improvements within the confines of the preliminary development plan, as determined by the city engineer or actual bid prices, and shall bind the applicant and surety to payment to the city to assure completion of all required infrastructure improvements (including any off-site improvements). All guarantee(s) shall be in form and substance satisfactory to and approved by the city attorney and the city council.

(b)

Interest on cash security. All amounts given as security in cash or by certified or cashier's check shall at the sole and absolute option of the city be deposited in a special account in a commercial bank in an interest-bearing account, or with the approval of the applicant, invested in some other manner. Any interest which may be earned on such security provided by the applicant shall be due and payable to the applicant upon satisfaction of the requirements and conditions for which the security was given.

(c)

Failure to complete required infrastructure improvements.

1.

If the required infrastructure improvements are not completed within the time provided by the city council pursuant to an approval authorizing same and/or the time provided in the accepted performance/payment bond, the city council may declare the applicant and/or performance/payment bond to be in default and require that all improvements be installed and completed regardless of the extent of any building development or construction at the time said bond is declared to be in default. Notice of default shall be deemed given to the applicant and any surety upon depositing said notice in the United States mail, certified, return receipt requested, at the address(es) provided for said notices in the performance/payment bond. The city will complete, or cause to be completed, the required infrastructure improvements. Upon completion of said required infrastructure improvements, the city in its sole discretion will either accept the required infrastructure improvements or turn over control of same to the appropriate homeowner's, townhome or condominium association.

2.

If an applicant elects to construct any required infrastructure improvements prior to approval and recording of the final plat, and fails to complete said improvements within the time required by the city, all approvals for the preliminary plat and any construction plans shall be deemed automatically rescinded and such preliminary plat and construction plan approval shall be null and void and of no legal effect. The status of the land shall revert to its status prior to the any actions take by an applicant seeking plat approval for said lands.

(d)

Transfer of interest with reference to unapproved final plat. No sale, conveyance or transfer of any interest of, in or to any lot or tract of land with reference to any unrecorded final plat or any preliminary plat shall be valid.

(e)

Certificate of completion. In order to obtain a certificate of completion, and a release of any performance/payment bond, an applicant shall provide the city with the following:

(1)

A mylar copy of each construction plan sealed by the applicant's engineer for comparison with the actual finished work;

(2)

Copies of all measurements, tests and reports performed on any and all of the required infrastructure improvements during construction;

(3)

Certificate of completion, signed and sealed by the applicant's engineer, certifying that the required infrastructure improvements were constructed under the supervision of that engineer, and the required infrastructure improvements were completed in conformance with the approved preliminary plat, construction plans and all other applicable provisions of this Code and other laws governing construction of such required infrastructure improvements;

(4)

A complete set of "as-built" drawings certified by the applicant's engineer, together with operating manuals and parts lists for any mechanical illustrations;

(5)

Evidence by reference to plat book and page number that the approved final plat was recorded;

(6)

Statement from the applicant's surveyor verifying completion of all required survey work and installation of all required permanent reference monuments, permanent control points and lot corners; and

(7)

Release of lien from all persons providing labor or material for the land that may be capable of filing a claim of lien for such labor or materials.

Upon delivery, review and approval of all such information by the city engineer, and such additional information as the city engineer may deem appropriate to supplement such information provided by the applicant, the city shall issue a certificate of completion for the required infrastructure improvements and release the applicant from further liability under the performance/payment bond, including the refund of any funds paid by the applicant to the city.

(f)

Certificate of occupancy. No certificate of occupancy shall be issued for any residential unit constructed pursuant to the exemption provided in this section until a final plat/development plan has been approved by city council and properly recorded.

This article provides specific regulations governing the development of the area known as "Pelican Coast," which is designated primarily for residential and supplemental commercial development as reflected on the comprehensive land use plan map of the city.

(1)

Permitted residential uses. The following residential land uses are permitted within a PUD district, subject to compliance with all other provisions of this Code: single-family attached or detached dwellings, duplex, and multifamily housing.

(2)

Accessory structure and uses. The following accessory structures and uses are permitted within a PUD: tool, garden and storage buildings; gazebos; piers and docks; satellite dish antennas; home occupations; swimming pools; pool enclosures; tennis courts and similar minor recreational facilities.

(3)

Conditional uses. The following uses shall be the only uses allowed as a conditional use within a PUD: churches, publicly operated parks and recreation facilities and private recreation facilities, child care, eating and drinking establishments, mini-storage, culture institutions, public and private utilities and repair service establishments. All conditional uses are subject to the requirements of the city governing the grant of conditional uses presently contained in section 30-419 of the City Code.

(4)

Commercial uses. The following limited commercial uses are permitted within the PUD designated for commercial development: hotels, hotels with conference centers; retail stores, sales and display rooms; personal service establishments, including but not limited to beauty salons, barbershops, laundry and dry cleaning facilities, tailor shops and shoe repair shops; professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; general offices and printing establishments; financial institutions; eating and drinking establishments subject to outside seating being limited to the hours of 8:00 a.m. to 10:00 p.m. and be setback a minimum of 50 feet from residential property; veterinary clinics, excluding boarding except in conjunction with customary veterinary practices; commercial recreation structures such as theaters and bowling alleys; public and private clubs and lodges and government buildings and facilities. Except for hotels and hotels with conference centers, commercial uses shall be subordinate to the predominantly residential character of the PUD, and shall be designated to primarily serve the needs of the residents of the planned development in which they are located. Such commercial uses shall be designed to maintain and protect the residential character of the planned development and adjacent residential neighborhoods. As a result, the following requirements on commercial development shall be imposed in addition to those otherwise required by section 30-416.

a.

Enclosure. Commercial uses shall be conducted within a completely enclosed building with no outside display, except those uses which by their nature must be conducted outside a building. Any such outside use shall be reviewed by the planning advisory board and city council. If found acceptable, such use shall be screened by a masonry wall or fence or a combination berm and landscaping with a wall or fence and shall provide a 90 percent opaque screen.

b.

Commercial area. The maximum total developed area within the PUD (i.e., all structures, at-grade off-street parking, loading areas and landscaping in connection therewith), devoted to commercial uses shall not exceed five percent of the overall area of the PUD.

c.

Issuance of building permits. No building permit for any commercial use shall be issued, nor may any building be used for a commercial use, before building permits for no less than 50 dwelling units in the PUD project have been issued and the developer pursues any construction provided by said permits.

(5)

Size and dimension regulations.

a.

Maximum density. Comprehensive plan land use designation shall govern the maximum density permitted for overall development of the PUD.

b.

Minimum common recreation and open space. A portion of the gross site acreage shall be delineated as tracts for common recreation and open space to be weighted based upon the mixture of residential uses in the PUD according to the following:

Multifamily = 25 percent

Single-family with lots < = two acre = 15 percent

Single-family with lots > two acre = 0 percent

Regardless of the above, common recreation open space shall be provided at a minimum rate of 1.5 acres per 100 residential units, regardless of type.

c.

Frontage and accessibility. Every dwelling unit or other use permitted in the PUD shall have vehicular access to a public street either directly or via an approved private driveway, court, or other area dedicated to public use, private use or common element guaranteeing access.

d.

Trash and utility plant screens. All refuse, trash and garbage collection containers shall be screened from sight or located in such a manner that will comply with the provisions of section 30-611.

e.

Signs. Signs shall be permitted only in accordance with an approved sign plan submitted with the development plan; however, no signs prohibited elsewhere in the Code of Ordinances shall be allowed. Such sign plan shall provide for effective sign controls on the type, height, number, size and location of all signs in the development, and shall be designated to minimize sign proliferation and maximize the architectural integration of all signs into the development.

f.

Minimum development size. The overall size of the PUD shall consist of at least 200 acres.

(Ord. No. 1177, § 1, 12-4-19)

Any petition(s) for PUD zoning shall be submitted and processed in the same manner as zoning amendments, generally, and in accordance with the following additional special procedures:

(1)

Preapplication conference. Prior to submitting a formal application for PUD zoning, the petitioner shall confer with the city staff and other agencies and officials involved in the review and processing of any applications and related materials. The applicant is further encouraged to submit a proposed conceptual development plan for review at the conference, and to obtain information on any projected plans, programs or other matters that may affect the proposed planned community. This preapplication conference should address but not be limited to:

a.

The proposed relationship between the anticipated project and surrounding uses, as well as the consistency of the proposed development to the city's comprehensive plan and/or stated planning and development objectives.

b.

The adequacy of existing and proposed streets, utilities and other public facilities to serve the PUD.

c.

The nature, design and appropriateness of the proposed land use arrangement to the size and configuration of property involved.

(2)

Initial filing. An application for approval of a PUD and conceptual development plan shall be filed together with the requisite fee at the office of the building and zoning department. Such applications shall contain the following materials or data in sufficient quantities for necessary referrals and records:

a.

Evidence of unified control of the proposed planned development and any associated agreements required herein.

b.

A proposed conceptual development plan as prescribed in section 30-908 herein.

c.

Such other materials as the applicant may determine is applicable to and in support of the PUD zoning and conceptual development plan.

d.

Any additional information that may be required by staff, the planning and zoning advisory board or the city council to fully evaluate the application and its concurrency and consistency with applicable law.

(3)

Fee for review. The fee for filing said application shall be established by resolution of the city council.

(4)

Ownership requirements for application. PUD zoning and conceptual development plan applications shall be filed in the name of the record owner(s) of the property included in the PUD. However, the application may be filed by an applicant with an equitable interest in the property, or by an attorney or agent for the owner, provided the record owner joins in and executes the application. All applications shall include a verified statement showing each and every individual person having a legal equitable and/or beneficial ownership interest in the property upon which the application for PUD zoning and conceptual development plan approval is sought, except corporations, in which case the names and addresses of the corporation and its principal executive officers shall be provided.

The application(s) shall contain a verified statement of unified control of the entire area within the proposed PUD, as well as a verified statement reflecting that if the applicants, or any successors in interest, proceed with any approved development, that such persons will:

a.

Develop the PUD only in accordance with the officially approved final development plan for the PUD, and such other conditions, amendments or modifications as may be approved by the city.

b.

Provide at the time of final development review such agreements, covenants, contracts, deed restrictions, or sureties acceptable to the city for completion of the undertaking in accordance with the adopted final development plan, as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense.

c.

Execute and record any and all documents necessary to bind any and all successors in title to any commitments made by the applicant under a. and b.

(5)

Review procedures for PUD zoning. Each applicant for PUD zoning shall also submit a conceptual development plan in compliance with section 30-908 for review by the city.

a.

Staff review. Five copies of the conceptual development plan shall be submitted to the building and zoning department. The plan shall be reviewed by the building official, the city engineer, and such other staff or professional consultants as the building official deems appropriate, including any applicable state, federal and county regulatory agencies.

b.

Criteria for review. The city staff shall present its findings in a written report to the planning and zoning advisory board. The staff review shall address, at a minimum, the following items:

1.

Compliance with the City of Satellite Beach Comprehensive Plan. Whether the proposed PUD zoning and conceptual development must be consistent with the land use designation denoted on the land use map and the policies contained in the comprehensive plan.

2.

Conformance with applicable ordinances. Whether the proposed PUD zoning and conceptual development plan shall comply with the requirements of all applicable regulations and ordinances of the city, as well as any state and federal regulations governing the proposed PUD development.

3.

Land use compatibility. Whether and the extent to which the proposed PUD and conceptual development plan create incompatible land uses, considering the type and location of proposed uses.

4.

Concurrency. Whether and the extent to which the proposed PUD and conceptual development plan would create demands on public facilities and services that exceed the capacity and/or levels of service for such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and other necessary facilities and services.

5.

Natural environment. Whether and the extent to which the proposed PUD and conceptual development plan cause adverse impacts on the natural environment, and if so, identify same.

6.

Economic effects. Whether and the extent to which the proposed PUD and conceptual development plan adversely affect property values in the area surrounding the PUD, as well as the overall property values to the city in general.

7.

Orderly development. Whether the proposed PUD and conceptual development plan provide orderly and logical development patterns, and if not, specifically identifying the actual and potential negative effects of the proposed development patterns.

8.

Other matters. Any other matters the city staff determines appropriate or relevant based upon the actual PUD proposal and conceptual development plan.

c.

Review by planning and zoning advisory board and city council. The planning and zoning advisory board and the city council shall hold separate public hearings on each PUD zoning and conceptual development plan. Notice of any public hearings shall be as required by law.

1.

Considerations by the planning and zoning advisory board. The planning and zoning advisory board shall review the proposed PUD zoning and conceptual development plan to determine compliance with the intent and requirements of this article and the comprehensive plan. The board shall also consider the recommendations and comments of the staff. The board shall consider the environmental impact statement defined in subsection 30-908(5)c. to identify those areas within the PUD to be of critical environmental sensitivity. The board shall recommend to the city council areas of critical environmental sensitivity to be retained in their natural state or other appropriate measures to protect the areas.

2.

Action by the planning and zoning advisory board. The board shall recommend to city council the approval, approval with modifications or conditions, or disapproval of the proposed PUD zoning and conceptual development plan.

3.

Consideration by city council. The city council shall consider the recommendations and comments of the planning and zoning advisory board and staff.

4.

Action by the city council. The city council shall approve, approve with modifications or conditions, or deny the proposed PUD zoning and conceptual development plan, or may refer same back to the planning and zoning advisory board with directions for further consideration.

5.

Conditions. In approving a proposed PUD zoning and conceptual development plan, the city council may establish such conditions, and may require such modifications, it deems appropriate. The city council may waive or modify subdivision, site plan or other zoning requirements otherwise applicable to the proposed PUD development and conceptual development plan where such waiver or modification is not in conflict with planned unit development standards and regulations and is not otherwise specifically prohibited by law.

6.

Effect of disapproval. If either the conceptual development plan or the PUD zoning request is denied by the city council, the application for the other shall be deemed to be denied.

7.

Requests for additional information. The city council may require the submission of additional information from the applicant if it determines such information is necessary for proper review of either the PUD zoning or the conceptual development plan. The review of such additional information shall follow the procedures applicable to the review of the PUD zoning and conceptual development plan.

8.

Amendments of conceptual development plans. Once a conceptual development plan has been approved, and there is cause for amendment of same, or any portion thereof, such amendment shall be processed in the same manner as the original application. However, there shall be no requirement to file an amended rezoning application unless the proposed amendment so requires.

9.

Prescribed time limit for development. The city council may approve a planned unit development and conceptual development plan, subject to a requirement that a preliminary development plan for the site must be submitted and approved not more than 18 months after approval of the PUD zoning and conceptual development plan. If such preliminary development is not approved within the time provided by the city council, approval of the conceptual development shall expire on such date. Upon expiration of any conceptual development plan, a new conceptual development plan must be approved for the site. The city council may also initiate the rezoning of the property to an appropriate zoning classification, pursuant to the procedures outlined in the Satellite Beach Code of Ordinances. The prescribed time limit for the approval of a preliminary development plan may be extended by the city council for good cause if the owner/applicant presents evidence within the time period provided in the approval of the conceptual development plan for submission of the preliminary development plan that the owner/applicant has progressed in good faith toward implementing the conceptual development plan and submitting the preliminary development plan. City council shall also consider the nature and extent of any amendments to the city's comprehensive plan and land development regulations that occurred since the approval of the PUD and conceptual development plan in determining whether to grant such extension.

The granting of a rezoning for a planned unit development and the approval of its accompanying conceptual development plan by the city council shall constitute authority for the applicant to submit a preliminary development plan. The applicant may submit concurrently with the preliminary development plan a final development plan pursuant to section 30-907. The preliminary development plan shall be filed, processed and reviewed pursuant to this section.

(1)

Filing preliminary development plan. No preliminary development plan shall be filed unless it has been prepared pursuant to the approved conceptual development plan. The city recognizes that planning and construction for the entire SBH will proceed to completion in phases over the next seven years pursuant to the approved conceptual plan. As such, the preliminary development plan for each phase shall be submitted no later than 18 months after the approval of the preliminary development plan for the previously approved phase. However, in no event shall the preliminary development plan(s) for any phase(s) of SBH be submitted later than seven years from the date of approval of the conceptual plan for the entire SBH.

(2)

Fee for preliminary development plan review. The filing fee for an application for preliminary development plan review shall be established by resolution of the city council.

(3)

Ownership requirements for application. The unified ownership requirements for preliminary development plan evaluation and approval shall be the same as those required for review of PUD zoning and a conceptual development plan.

(4)

Review procedures for preliminary development plan. Each applicant for preliminary development plan approval shall submit a proposed plan containing those matters required hereafter for review by the city.

a.

Staff review. Five copies of the preliminary development plan including a preliminary plat thereof, shall be submitted to the building and zoning department, and shall be reviewed by the building official, the city engineer, and such other staff or professional consultants as the building official deems appropriate, including any state, federal and county regulatory agencies.

b.

Criteria for review. The city staff shall present its findings in written report to the planning and zoning board.

1.

Compliance with subdivision regulations. The preliminary development plan shall comply with the preliminary plat requirements of the city's subdivision regulations.

2.

Compliance with zoning regulations. The elements of the preliminary development plan shall comply with all land development regulations, except as modified by provisions of this article.

(i)

Modified building setbacks: Subject to the approval by the planning and zoning advisory board and city council, building setbacks may be modified from the provisions of the underlying zoning districts provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service and general and emergency access to each lot.

(ii)

Required perimeter building setback. No building shall be located closer than 30 feet to any perimeter property line within a PUD. One foot of perimeter setback shall be added for each foot or fraction thereof of building height over 25 feet. The perimeter building setback may be reduced if it is determined by the city council that sufficient landscaping and/or buffers are provided to provide the approximate visibility angle(s) with abutting properties as if the building did not exceed 25 feet.

(iii)

Modification in minimum lot size. Modifications may be permitted in the minimum lot size provided the proposed lot or lots all have substantial relationship to the common open space (e.g., are directly adjacent to or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling unit. In addition, the modification must provide for innovative design that advances the purpose of the PUD as set forth in section 30-900 and in the applicant's statement of project objectives.

c.

Review by planning and zoning advisory board and city council. The planning and zoning advisory board shall hold a meeting to review the preliminary development plan. Recommendations shall be forwarded to the city council. The city council shall review the plan, and approve said plan prior to the submission of any final development plan.

1.

Considerations by the planning and zoning advisory board. The planning and zoning advisory board shall review the preliminary development plan to ensure its compliance with the comprehensive plan, the land development regulations and the previously approved PUD zoning and conceptual development plan. The board shall consider the recommendations and comments of the staff. The board shall use the updated environmental impact statement defined in subsection 30-909(1)c. to identify those areas within the PUD constituting areas of critical environmental sensitivity to be retained in their natural state or providing other appropriate measures to protect the areas.

2.

Action by the planning and zoning advisory board. The board shall recommend approval, approval with modifications or conditions, or disapproval of the proposed preliminary development plan.

3.

Consideration by city council. The city council shall consider the recommendations and comments of the planning and zoning advisory board and staff.

4.

Action by the city council. The city council shall approve, approve with modifications or conditions, or deny the preliminary development plan, or may refer same back to the planning and zoning advisory board, with directions for further consideration.

5.

Conditions. In approving a preliminary development plan, the city council may establish such conditions and may require such modifications as shall assure compliance with all applicable laws. The city council may waive or modify subdivision, site plan or other zoning requirements otherwise applicable to the preliminary development plan when such waiver or modification is not in conflict with said planned unit development standards and regulations and is not otherwise specifically prohibited by law. No preliminary development plan, or part thereof may be recorded for any purpose or reason.

6.

Requests for additional information. The city council may require the submission of additional information by the applicant if it determines such information is necessary for proper review of the preliminary development plan. The review of such additional information shall follow the procedures applicable to the review of the preliminary development plan.

7.

Amendments of preliminary development plans. Once a preliminary development plan has been approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a like manner as the original application. However, there shall be no requirement to file an amended rezoning application and conceptual development plan, unless the proposed amendment so requires.

8.

Prescribed time limit for development. The city council may approve a preliminary development plan application subject to a prescribed time limit set forth in subparagraph (1) of this section. If such final development is not approved within the time provided by the city council, approval of the preliminary development plan and conceptual development plan shall expire on such date. Upon expiration of any conceptual development plan, a new conceptual development plan must be approved for the site. The city council may also initiate the rezoning of the property to an appropriate zoning classification, pursuant to the procedures outlined in the Satellite Beach Code of Ordinances. The building official may grant a one time extension of 12 months for the filing of any final development plan approval for any phase located in, and subject to, any preliminary development approval in the SBH, as long as such request is filed before the expiration of the preliminary development plan, as provided herein, and the land development regulations governing development in the affected phase(s) have not been amended since the approval of the preliminary development plan.

The prescribed time limit for the preliminary development plan may be extended by the city council for good cause if the owner/applicant presents evidence within the time period provided in the approval of the preliminary development plan that the owner/applicant has progressed in good faith toward implementing the conceptual development plan and the preliminary development plan. City council shall also consider the nature and extent of any amendments to the city's comprehensive plan and land development regulations that occurred since the approval of the PUD and conceptual development plan in determining whether to grant such extension.

Approval of the preliminary development plan by the city council shall constitute authority for an applicant to submit a final development plan prepared in accordance with the requirements herein, unless such plan is submitted simultaneously for approval with the preliminary development plan. A final development plan, including a plat thereof, shall not be considered approved by the city council and shall not be recorded in the records of Brevard County until it has been approved in a manner prescribed herein.

(1)

Filing final development plan. No final development plan shall be considered for approval unless it is prepared pursuant to and consistent with a duly approved preliminary development plan. Five copies of a final development plan shall be filed with the office of the building and zoning department together with the requisite fee for processing and reviewing said plan.

(2)

Filing staged final development plans. A final development plan may be prepared and submitted for the entire planned unit development at one time, or for individual development phases within the PUD. Development by phases shall occur sequentially by number as reflected in the conceptual development plan approved by council.

(3)

Time limit for submission of final development plan. The final development plan for the first phase of that portion of SBH located north of Patrick Drive, and for each phase thereafter located north of Patrick Drive, shall be filed no later than 18 months from the date of approval of the preliminary development plan for each such phase, or within such extended periods as the council may authorize. The final development plan for each phase of the area south of Patrick Drive shall be filed no later than the completion and approval by all applicable regulatory agencies of all road and utility work being constructed in each phase, with the final development plan for the last phase(s) to be submitted no later than seven years after approval of the conceptual development plan for the entire SBH.

(4)

Fee for review of final development plan. The filing fee for an application for final development plan approval shall be established by resolution by the city council.

(5)

Ownership requirements for application. The unified ownership requirements for final development plan evaluation and approval shall be the same as those required for review of PUD zoning and a conceptual development plan.

(6)

Review procedures for final development plan. Each applicant for final development plan approval shall submit a proposed plan containing those matters required herein for review by the city. The review process shall be carried out pursuant to this article.

a.

Staff review. The office of the building and zoning department shall transmit the final development plan to the city engineer and such other staff or professional consultants as may be deemed necessary. As part of the staff review, the building official shall review the final development plan to assure that all public improvements are constructed and in place pursuant to the approved plans and specifications, and that no outstanding indebtedness is due for said improvements. As an alternate surety, the applicant may deposit a certified check, cash, or other bonding provision as the city council deems adequate to ensure total compliance. The bond requirement shall be established based on procedures to be adopted by resolution of the city council.

b.

Criteria for final development plan review. The city staff shall report its evaluation of the final development plan in a written report to the planning and zoning advisory board. The staff report shall evaluate the said plan based on the following minimum criteria:

1.

Compliance with preliminary development plan. The final development plan shall incorporate all changes, modifications, and conditions required by the approved preliminary development plan. The final development plan shall provide only that portion of the approved preliminary development plan which the applicant purposes to currently record and develop, provided all requirements of this article are satisfied for such portion standing alone.

If the final development plan includes changes from the approved preliminary development plan, the building official shall review the plan to determine the effect of the proposed changes on previous actions of council relative to the site, as well as their consistency with all then existing applicable regulations. The building official shall determine whether any proposed changes are such that the preliminary development plan should be resubmitted to the planning and zoning advisory board. In any case of doubt, the preliminary development plan shall be re-submitted for board approval. All minor changes shall be approved by the city engineer, building official and planning and zoning advisory board at the time of approval of the final development plan.

2.

Compliance with subdivision regulations. The final development plan, and plat thereof, shall comply with the city's subdivision regulations.

3.

Compliance with final development plan requirements. The elements of the final plat shall comply with all requirements for form and content of a final development plan herein stated. This information shall be used to evaluate compliance with the purpose and intent of the PUD district. All permitted and conditional uses shall be allowed only in the location shown on the approved final development plan.

4.

Compliance with other regulations, ordinances, and statutes. The elements of the final development plan shall comply with all land development regulations, and shall comply with all other applicable regulations, ordinances, and statutes of the city, county and state concerning final plats and final development/site plan review.

c.

Review and action by city council. Upon receipt of the written staff evaluation and recommendation of the board for final development plan review, the city council shall consider the application for the final development plan. Such consideration shall be predicated on criteria listed in the above paragraph and those portions of the city code regarding general site plan approval that apply under the circumstances. The city council shall approve, approve with conditions or modifications, or deny the final development plan.

(7)

Commencement of development. Following the approval of the final development plan by the city council, the plat of the final development plan, together with any applicable filing fee, shall be submitted by the applicant to the Brevard County Court Clerk for filing in the public records. The applicant shall be authorized to apply for all permits necessary to proceed with the construction and development of the planned unit development project thereafter.

(8)

Failure to comply with approved final development plan. Failure to comply with the requirements of the approved final development plan and any conditions imposed in its final approval, including time conditions, shall constitute a violation of this article. Upon finding by the city council that the developer failed to comply with the conditions of any staging plans or prescribed time limits, the approval of the final development plan shall be automatically terminated. Prior to continuing with the planned unit development, the developer shall reapply to the city council for approval to continue. The city council may authorize the petitioner to continue under the terms of the final development plan or may require the developer to re-submit the application in conformance with any step outlined in the procedure for preliminary development plan or final development plan approval. One consideration in such determination will be whether any amendments to the city's comprehensive plan and other land development regulations occurred since approval that may require more stringent development requirements than those imposed at the time of the prior plan approval(s). No subsequent plan or re-approval shall effect an increase in the overall project density or change in use as established in the original conceptual development plan approval.

(9)

Minor changes in approved final development plan. Minor changes from the approved final development plan in the location or siting of buildings and structures or in the landscape plan may be authorized by signature of the city engineer and building official if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this subsection may cause any of the following:

a.

A change in the use or character of the PUD plan;

b.

An increase in overall coverage by structures;

c.

An increase in the intensity of use, or the density;

d.

An increase in estimated traffic counts, circulation requirements and public utilities consumption;

e.

An increase in the quantity and/or rate of discharge of surface water runoff;

f.

A reduction in approved open space;

g.

A reduction in required pavement widths;

h.

A violation of a specific requirement or condition of this article. Changes, erasures, modifications, additions or revisions shall not be made to a final development plat after the city council approval has been given, unless the final development plat is resubmitted for approval.

(10)

Occupancy and use of premises. Prior to the use or occupancy of any portion of a planned unit development, the developer must satisfy all the provisions of the approved final development plan as stipulated herein, and obtain all necessary permits.

An application for PUD zoning shall be accompanied by a conceptual development plan. Such plan shall include the following minimum requirements:

(1)

Vicinity map. A vicinity map drawn to scale clearly showing the site in relation to its surroundings. Where the project exceeds 100 acres in area, an aerial photograph made within the last two years shall accompany the application. The aerial shall be at a scale of at least one inch equals 500 feet showing all property within 1,000 feet of the project boundaries.

(2)

Property boundaries. A certified survey delineating the location and dimensions of all boundary lines of the proposed PUD, as well as any contiguous lands, including those separated only by a street, canal, or similar feature, in which the developer or property owner presently has any legal interest. Such survey shall also reflect all existing easements, roads, rights-of-way and other ways on and immediately adjacent to the proposed PUD.

(3)

Existing conditions. The approximate location, nature and extent of all existing easements, streets, buildings, land uses, historic sites, zoning, tree groupings, wetlands, watercourses, and general U.S. Coast and Geodetic sheet topographic contours on the site, the names of the property owners of record and existing zoning and land uses for all property within 300 feet of the proposed PUD; the approximate location and width of all existing or platted streets, drainage ways, utilities, and similar features contiguous to the site.

(4)

Development plan.

a.

Land use. The total project acreage and approximate location of each proposed land use, proposed intensity of land use, acreage by proposed land use, dwelling unit types, general types of proposed nonresidential uses, open spaces, recreational facilities, and other proposed uses.

b.

Circulation. A traffic and pedestrian circulation facilities plan showing approximate size, location and type of all access points, sidewalks, ways and major streets.

c.

Conceptual drainage plan. A conceptual drainage and stormwater plan approved by the city engineer and consistent with the city's land development regulations.

d.

Nonresidential square footage. Approximate square footage of all nonresidential land uses by general type, e.g., offices, neighborhood commercial, industrial, etc.

(5)

Written material.

a.

Planning objectives. A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

b.

Development schedule. A proposed development schedule indicating the approximate starting and completion dates for the entire project and any phases thereof, together with appropriate identification and conceptual description of such phases.

c.

Environmental impact statement. A statement explaining the positive and negative environmental impacts of the proposed development on:

1.

Environmentally fragile lands including wetlands, floodplain, and any other significant features;

2.

Natural vegetation, including general tree removal estimates and impact of proposed grading plan and drainage system improvements;

3.

Other significant natural features of the site as defined by the city's comprehensive plan and other state and federal regulatory authority.

d.

Public facility impact statement. A statement identifying the estimated impact of the proposed development on public facilities, including:

1.

Quantity of wastewater generated;

2.

Quantity of solid waste generated;

3.

Quantity and rate of surface water runoff;

4.

Quantity of potable water required;

5.

Estimated number of daily vehicle trips starting and/or ending at and within PUD boundaries;

6.

Description of recreation facilities proposed;

7.

Estimated number of school age children expected within the proposed PUD;

8.

Estimated number of persons greater than 65 within the proposed PUD;

9.

Estimated property tax and/or sales tax revenue generated by the PUD by phase;

10.

Estimated impact on local hurricane evacuation times; and

11.

Any other positive or negative impacts that significantly affect infrastructure and other public facilities.

e.

Additional information. Any other additional material and information required by city staff, the planning and zoning advisory board or city council.

A preliminary development plan shall be submitted along with all of the material included in a previously approved conceptual development plan. The preliminary development plan shall include the following data in addition to that submitted with the conceptual development plan:

(1)

Written material.

a.

Development schedule. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD are expected to begin and be completed.

b.

Quantitative data:

1.

Total number of dwelling units by type.

2.

Total parcel size of PUD or portion proposed to be presently developed.

3.

Total number of non-dwelling units by type.

4.

Proposed lot or building site coverage by individual and total building and structure type.

5.

Proposed impervious surface coverage by lot and building site.

6.

Gross and net residential density.

7.

Proposed amount of open space.

8.

Proposed amount of public lands, including all dedicated rights-of-way, easements, and other lands dedicated for public use.

c.

Updated environmental impact statement and environmental survey. A statement explaining any additional information that may have been gathered or calculated since the approval of the conceptual development plan concerning any positive or negative environmental impacts that may be associated with the development. This statement shall include all environmental information that may be submitted as part of a development of regional impact (DRI) review process, if applicable. The updated environmental impact statement shall also include an environmental survey showing the existing and proposed site conditions, including contours at two-foot internals; watercourses; floodplains; unique natural features; areas of environmental concern; historic features; and trees and vegetative cover shown in a tree survey. The planning and zoning advisory board may grant a waiver to the tree survey requirement upon recommendation by the city engineer. In such case, an aerial photograph denoting the tree canopy at a scale acceptable to the city engineer shall be submitted in lieu of the tree survey.

d.

Updated public facility impact statement. A statement identifying any additional data or information that may have gathered or calculated since the approval of the conceptual development plan concerning any impacts of the development on public facilities, including:

1.

Quantity of wastewater generated;

2.

Quantity of solid waste generated;

3.

Quantity and rate of surface water runoff;

4.

Quantity of potable water required;

5.

Estimated number of daily vehicle trips starting and/or ending at and within PUD boundaries;

6.

Description of recreation facilities proposed;

7.

Estimated number of school age children expected within proposed PUD;

8.

Estimated number of persons greater than 65 within the proposed PUD;

9.

Estimated property tax and/or sales tax revenue generated by the PUD by phase;

10.

Estimated impact on local hurricane evacuation times; and

11.

Any other positive or negative impacts that significantly affect infrastructure and other public facilities.

e.

DRI information. If any planned unit development qualifies as a development of regional impact, as defined in F.S. ch. 380, such proposed PUD shall include all data submitted as part of the required application for DRI approval.

f.

Additional information. Any other additional information or material, which the city staff, the planning and zoning advisory board or city council may require.

(2)

Graphic element of development plan:

a.

Plat and site plan. A preliminary plat and development plan shall be submitted with the application. It shall be prepared and submitted pursuant to the requirements of the city's subdivision regulations for purposes of preliminary plat approval, as well as any applicable land development regulations that may apply. If not otherwise required by applicable regulations governing this application, the preliminary plat and development plan shall include maps necessary to show at least the following:

1.

Proposed name of the PUD, name of city, and description of section, township and range.

2.

Name and address of record owners, applicant, and person preparing preliminary development plan.

3.

The locations and names of abutting subdivisions and the names of owners of record of all persons owning property within 300 feet of the proposed PUD.

4.

Date, north arrow and graphic scale acceptable to the city engineer.

5.

Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor.

6.

Proposed lot or building site lines with proposed dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use.

7.

Any desired changes from any underlying zoning regulations, and the boundaries of any underlying zoning districts.

8.

Location, name and dimensions of all existing and proposed dedicated public lands and uses and any conditions of such dedication.

9.

The width and location of any street or other public way contained in the city's comprehensive plan and located within the PUD, as well as the proposed width, location and grade of all streets or other public ways proposed by the applicant.

10.

Location of closest available potable water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval.

11.

Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site.

12.

Location and typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements.

13.

Location of closest available wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval.

14.

Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer and any other regulatory agency. Final construction drawings shall not be required prior to preliminary development plan approval.

15.

Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval.

16.

Proposed locations and preliminary designs for fire hydrants and flow capacities/facilities.

17.

Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown.

18.

Where the tentative PUD plat covers only a part of the PUD owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat.

19.

The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering.

b.

General appearance. Graphic presentation of the general features of any proposed structures, excluding single-family detached dwellings, including:

1.

Floor plans and square footage of all multifamily and nonresidential buildings or structures, and

2.

Elevations, sections and/or perspectives necessary to indicate the basic architectural intent, the height of buildings and structures, and the general window and door arrangements.

c.

Vehicular, pedestrian and bicycle circulation and parking. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate. The existing and proposed pedestrian and bicycle circulation system, including its interrelationship with the vehicular circulation system indicating proposed treatments of points of conflict.

d.

Open space and landscape plan. A general landscape and grading plan indicating the proposed modifications in the topography and ground cover together with a plan for design of open space systems and landscaping. The landscape plan shall comply with open space, landscape and tree preservation requirements of this chapter.

e.

Information concerning adjacent lands. Information on adjacent areas sufficient to indicate the relations between the proposed development and the adjoining areas, including:

1.

Existing land use.

2.

Zoning classification.

3.

Circulation system.

4.

Density.

5.

Allowable and existing building height limits.

6.

Public facilities.

7.

Unique natural features.

f.

Additional information. Any additional graphic information required by staff, the planning and zoning advisory board and city council which is necessary to evaluate the character and impact of the proposed preliminary development plan.

(3)

Site plan review standards. The provisions of sections 30-33 through 30-39 shall apply to all developments within PUD districts, unless contrary to the provisions of this article.

A final development plan shall include all elements of the approved preliminary development plan described herein. The final development plat, along with the preliminary development plan elements approved by the city council, or as subsequently amended pursuant to applicable regulations, shall comprise the elements of the final development plan.

(1)

Required content and characteristics. The final development plat shall include the following:

a.

Preparation by professional. Drawings properly prepared and sealed by a land surveyor registered in the State of Florida.

b.

Scale. Drawings clearly and legibly drawn in India ink on Mylar or other acceptable material, to a size 24 inches by 36 inches, and to a scale of one inch equals 40 feet or other scale acceptable to the building official, and shall include a north arrow.

c.

Compliance. Compliance with all applicable regulations, ordinances and statutes of the city, county and state concerning the preparation of plats.

d.

Name. A title or name acceptable to the city. If the final development plat is an addition to or a revision of a prior recorded final development plat, then the title of the development plat shall include the name of the prior recorded final plat.

e.

Legal description. There shall be lettered or printed upon the final plat a complete description of the land embraced in the plat, showing the township and range in which such lands are situated, the section and part of sections platted, and a location sketch showing the plats location in reference to the closest section corner of quarter-section corner of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner. If platting of a part of a previously recorded plat is made, the previous lots and blocks to be developed and replatted shall be given. If the plat is a replatting of an entire or part of a previously recorded plat, that fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

f.

Adjacent subdivision rights-of-way, and easements. The plat shall include the location and names of adjacent subdivisions, including plat book and page number, together with the location and dimensions of all streets, rights-of-way, and easements adjoining or within the plat. The purpose of the easements shall be designated.

g.

Plat boundaries. All plat boundaries shall be delineated by municipal, county or section lines, accurately tied to the lines of the PUD by distance and bearing.

h.

Bearings and monuments. The plat shall include accurate location of all monuments together with bearings and dimensions to the nearest established section or quarter-section corner or other recognized permanent monuments which shall be accurately described in the plat. The center line of all streets shall be shown with distances, angles, arc distance, central angles, tangents, and radii. Center points will be shown on the plat by an appropriate designation and will be placed along the centerline of rights-of-way, preferably at centerline intersection, and other applicable points as may be directed by the city council. Permanent center points and permanent reference markers shall be considered improvements and shall be included in the performance bond and approved by the building official.

i.

Plat delineation's. The plat shall include lengths of all arcs together with deltas, degrees of curves, radii, tangent distances, internal angles, points of curvature and tangent bearings. When lots are located on a curve or when side lot lines are not parallel and are at angles other than 90 degrees, the width of the lot at the front and rear building setback line shall be shown.

j.

Lot and block numbers. The numbering of all lots, parcels and blocks shall be shown on the plat. All lots or parcels shall be numbered by progressive numbers individually or in blocks progressively numbered. Blocks in numbered additions bearing the same plat name shall be numbered consecutively throughout the several additions. Excepted parcels shall be marked "not part of this plat".

k.

Dedications. All lots and parcels dedicated for public purposes including parks and recreation areas, and the area in square feet of those lots and parcels shall be shown.

l.

Lot and parcel dimensions and area. The dimensions of all lots and parcels to the nearest hundredth, except where riparian boundaries are involved which may be plus or minus. Whenever lands are subdivided along the Atlantic Ocean and/or Banana River or its tributaries, lot dimensions shall be shown to the approximate mean high water, at date of survey, and as defined in the shore boundaries.

m.

Seal by land surveyor. Certification by a State of Florida registered land surveyor to the effect that the PUD plat represents a survey made under his direction and that all monuments shown thereon actually exist, and that their location is correctly shown.

n.

Acknowledgment of plat adoption and dedication. An acknowledgment by the owner (or if a corporation then two authorized officers' signature and seal) of the adoption of the plat, and of the dedication of streets and other public areas, and the consent of any mortgage holders to such adoption and dedication. Existing right-of-way beneath a proposed plat shall be vacated in accordance with the laws and ordinances of the city, county and state prior to approval and acceptance of a final PUD plat by the city council.

(2)

Additional certifications for final development plan approval. The final development plan shall be accompanied by the following certifications:

a.

As-built plan. The final development plan shall include an as-built plan of all improvements with a certificate of their respective locations by the applicant's engineer and the developer.

b.

Engineer's certification of improvements. A certificate by the applicant's engineer and verification by the city engineer that the applicant has installed all requirement improvements in accordance with the approved plans and city specifications, and further certifying that no outstanding indebtedness is due for said improvements. For any improvements not so constructed and installed, the applicant's engineer shall certify that the applicant has posted a sufficient surety in form of a certified check or cash with the city finance officer, or has posted an alternate surety bond as the city council deems adequate, to assure completion of all required improvements. The city engineer shall verify such certification by the applicant's engineer.

c.

Certificate of title or attorney's opinion. A current certificate of title from a title company doing business in the State of Florida or a verified opinion from an attorney authorized to practice law in this state stating that fee simple title to the land included in the PUD is held by the applicant.

d.

Certification of payment of taxes and assessments. A certification from the city and county that all taxes and assessments have been paid on the land within the proposed final development plat.

e.

Certification of preliminary development plan. A certification by the building official that the preliminary development plan, as duly approved, has been filed as part of the final development plan. The building official shall also certify that no certificate of occupancy shall be granted in the future until all elements of the plan for any particular phase have been completed. If approved by the city council, certificate of occupancies may be approved without certain elements (such as sidewalks) being completed within a phase and completed concurrently with the issuance of a certificate of occupancy.

All open space required by this chapter shall be either private, reserved for common use, or dedicated to the public. All required open space shall be reserved as such through appropriate deed restrictions which cannot be removed without the consent of the city council.

Private open space shall be owned in fee simple title as part of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through appropriate deed restrictions. The deed restriction shall require the property owner to maintain the private open space in perpetuity.

All open space reserved for common use shall ultimately be owned in fee simple by an organization of property owners within the PUD plat. The organization shall be established by the applicant, and all organizational documents, including, but not limited to, articles of incorporation, bylaws and restrictive deed covenants, shall be submitted to the city attorney for approval prior to recording in the public records of the county and filing with the secretary of state. The organization shall be responsible for the maintenance of all common open spaces. The organization shall be empowered to assess reasonable maintenance fees upon the owners of real property within the PUD for the maintenance of the common open space.

(1)

All open space reserved for common use shall be conveyed to the organization prior to or at the time when two-thirds of all the dwelling units of the PUD plat under development have been sold. Conveyance shall be by a general warranty deed in fee simple absolute, acceptable to the city attorney. The deed shall include a deed restriction providing for the perpetual maintenance of the common open space by the organization.

(2)

The organization may offer to convey the common open space to the city at no cost. If the city accepts the offer, then the conveyance shall be of general warranty deed in fee simple absolute, acceptable to the city attorney. Upon acceptance, the open space shall be available for use by the general public. The city shall not accept a conveyance of common open space unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may include maintenance by the city.

(3)

Open space dedicated to the public shall be open to the general public.

(4)

All landscaped yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped yards shall be reserved and limited through appropriate deed restriction. The deed restrictions shall require the property owner to maintain the landscaping in perpetuity.

In the event of a violation of this article by any person, the building official may suspend construction activity and revoke any issued building permit and take all actions necessary to halt construction until such time as the provisions of this article or any approved final development plan are complied with. In the event the city brings any legal action to enforce the provisions of this article or any approved final development plan, the land development regulations and any other applicable laws of the city or state, the developer shall be obligated to pay all expenses associated with said enforcement, including reasonable attorney's fees of the city.

(a)

Intent. The provisions of the PCN-1 district are intended to establish and maintain areas of single-family residential development in accordance with Planned Unit Development for Pelican Coast.

(b)

Permitted uses. Permitted uses are established in section 30-903(1).

(c)

Accessory structures. Accessory structures are established in section 30-903(2).

(d)

Conditional uses. Conditional uses are established in section 30-903(3).

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: 4,500 square feet.

b.

Width: 40 feet.

c.

Depth: 100 feet.

(2)

Minimum setback requirements:

a.

Front: 20 feet.

b.

Side interior: Five feet.

c.

Side corner: Ten feet.

d.

Rear: Primary structure—15 feet.

Accessory structure—Five feet.

e.

Perimeter setback: All lots abutting the perimeter of the planned unit development are:

1.

Primary structure: 30 feet.

2.

Accessory structure: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area:

a.

1,575 square feet. (limit to 20 percent of units).

b.

1,675 square feet remaining units.

(5)

Minimum off street parking: 2.5 per unit.

(6)

Maximum lot coverage: 55 percent.

(7)

Maximum impervious area: 65 percent.

(a)

Intent. The provisions of the PCN-2 district are intended to establish and maintain areas of single-family townhouse residential development in accordance with planned unit development for Pelican Coast.

(b)

Permitted uses. Permitted uses are established in section 30-903(1).

(c)

Accessory structures. Accessory structures are established in section 30-903(2).

(d)

Conditional uses. Conditional uses are established in section 30-903(3).

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: 1,800 square feet.

b.

Width: 20 feet.

c.

Depth: 90 feet.

(2)

Minimum setback requirements:

a.

Front: 20 feet.

b.

Side interior: 0 feet.

c.

Side corner: Ten feet.

d.

Rear: Primary structure—15 feet.

Accessory structure—Five feet.

e.

Perimeter setback: All lots abutting the perimeter of the planned unit development are:

1.

Primary structure: 30 feet.

2.

Accessory structure: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area:

a.

One bedroom unit: 900 square feet (limited to 20 percent of housing units).

b.

Two bedroom unit: 1,025 square feet.

c.

Three bedroom unit: 1,175 square feet.

d.

Four bedroom unit: 1,300 square feet.

(5)

Minimum off street parking: 2.5 per unit.

(6)

Maximum lot coverage: 60 percent.

(7)

Maximum impervious area: 70 percent.

(a)

Intent. The provisions of the PCN-3 district are intended to establish and maintain areas of single-family residential, medium density, multi-family development, and limited commercial uses, in accordance with planned unit development for Pelican Coast.

(b)

Permitted uses. Permitted uses are established in subsections 30-903(1) and (4).

(c)

Accessory structures and uses. Accessory structures and uses are established in subsection 30-903(2).

(d)

Conditional uses. Conditional uses are established in subsection 30-903(3).

(e)

Property development regulation (for uses except detached single-family residential development). Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: One acre.

b.

Width: 100 feet.

c.

Depth: 100 feet.

(2)

Minimum setback requirements:

a.

Highway A1A: 100 feet.

b.

Front: 25 feet.

c.

Side interior: 25 feet.

d.

Side corner: Ten feet.

e.

Rear: 25 feet.

f.

Perimeter setback: All lots abutting the perimeter of the planned unit development shall be set back as follows:

1.

Primary structure: 30 + one foot per foot over 25 feet.

2.

Accessory structure: 15 feet.

(3)

Maximum building height: 85 feet.

(4)

Maximum building length: 224 feet.

(5)

Minimum living area:

1.

One bedroom unit: 900 square feet (limited to 20 percent of housing units).

2.

Two bedroom unit: 1,025 square feet.

3.

Three bedroom unit: 1,175 square feet.

4.

Four bedroom unit: 1,300 square feet.

(6)

Minimum off street parking: 2.5 per unit.

(7)

Maximum lot coverage: 60 percent.

(8)

Maximum impervious area: 75 percent.

(f)

Property development regulations, single-family. Property development regulations for detached single-family residential development are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: 4,000 square feet.

b.

Width: 40 feet.

c.

Depth: 100 feet.

(2)

Minimum setback requirements.

a.

Highway A1A: 100 feet.

b.

Front: 20 feet.

c.

Side interior: Five feet.

d.

Side corner: Ten feet.

e.

Rear, primary structure: 15 feet.

f.

Rear, accessory structure: Five feet.

g.

Perimeter setback: All lots abutting the perimeter of the planned unit development shall be setback:

1.

Primary structure: 30 feet.

2.

Accessory structure: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area:

a.

One thousand five hundred seventy-five square feet (limit to 20 percent of total number of detached single-family residential units);

b.

One thousand six hundred seventy-five square feet for remaining detached single-family residential units.

(5)

Minimum off-street parking: Two parking spaces per unit.

(6)

Maximum lot coverage: 60 percent of lot.

(7)

Maximum impervious area: 75 percent of lot.

(Ord. No. 1177, § 2, 12-4-19)

(a)

Intent. The provisions of the PCS-1 district are intended to establish and maintain areas of single-family residential development in accordance with Planned Unit Development for Pelican Coast.

(b)

Permitted uses. Permitted uses are established in section 30-903(1).

(c)

Accessory structures. Accessory structures are established in section 30-903(2).

(d)

Conditional uses. Conditional uses are established in section 30-903(3).

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: 5,000 square feet.

b.

Width: 50 feet.

c.

Depth: 100 feet.

(2)

Minimum setback requirements:

a.

Front: 20 feet.

b.

Side interior: Five feet.

c.

Side corner: Ten feet.

d.

Rear: 15 feet.

e.

Perimeter setback: All lots abutting the perimeter of the planned unit development are:

1.

Primary structure: NA.

2.

Accessory structure: 15 feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,700 square feet.

(5)

Minimum off street parking: Two per unit.

(6)

Maximum lot coverage: 60 percent.

(7)

Maximum impervious area: 70 percent.

(a)

Intent. The provisions of the PCS-2 district are intended to establish and maintain areas of single-family residential development in accordance with Planned Unit Development for Pelican Coast.

(b)

Permitted uses. Permitted uses are established in section 30-903(1).

(c)

Accessory structures. Accessory structures are established in section 30-903(2).

(d)

Conditional uses. Conditional uses are established in section 30-903(3).

(e)

Property development regulations. Property development regulations are as follows:

(1)

Minimum lot area and dimensions:

a.

Area: 4,000 square feet.

b.

Width: 40 feet.

c.

Depth: 100 feet.

(2)

Minimum setback requirements:

a.

Front: Ten feet.

b.

Side interior: Five feet.

c.

Side corner: Ten feet.

d.

Rear: 15 feet.

e.

Perimeter setback: All lots abutting the perimeter of the Planned Unit Development are:

1.

Primary structure: 30 feet.

2.

Accessory structure: Ten feet.

(3)

Maximum building height: 35 feet.

(4)

Minimum living area: 1,700 square feet.

(5)

Minimum off street parking: Two per unit.

(6)

Maximum lot coverage: 60 percent.

(7)

Maximum impervious area: 70 percent.