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Seminole City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 70-306.- Districts established.

Land use classifications for the city are established by the comprehensive plan. These land use classifications and the zoning districts must be consistent. Refer to the comprehensive plan for the definitions and general allowable uses of each use classification. The zoning districts match the land use classifications, and the specific types of uses and development standards are enumerated in more detail in this article and the code. Where a use is not specifically enumerated as a permitted, special exception or conditional use within a zoning district, such use is deemed to be prohibited, unless such use is approved by the city manager or designee, as being similar in nature to the range of permissible uses within the applicable zoning district, and is consistent with the intent and purpose of said district and underlying future land use category.

In addition, certain uses are subject to additional standards and/or limitations as prescribed in the comprehensive plan and this chapter, including but not limited to, article VII, accessory structures and uses; article IX, supplementary development regulations; article X, specific use supplemental development regulations; and uses located within environmentally sensitive lands are subject to chapter 62, article III. Further, limitations on uses and development may also apply to properties located within the coastal high hazard area.

Subject only to consistency with the city comprehensive plan and the countywide plan and rules, any public facility(ies) or project(s) shall be a permitted use or activity in any zoning district when approved by the city council through the city's capital improvement program, through a capital budget approval or approvals by the city council, through the city council's approval of the city's annual fiscal year budget, or any other formal approval of the city council. Said city council approved public facility(ies) or project(s) shall automatically be deemed to have met all of the provisions contained within all of the chapters of the land development code.

Existing development is also subject to chapter 50 related to nonconforming structures, sites, uses and other land development code standards and requirements.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-321.- Purpose.

The RR district is comprised of large lot, rural/agricultural type of development. Urbanization of these areas is intended to be very limited with primary uses to consist of single-family dwellings in a rural environment, including limited agricultural activities. This district shall include those areas indicated on the zoning atlas maps as RR.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-322. - Permitted uses.

The following uses may be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Agricultural activities, including the boarding of horses provided the three animals per acre limit is not exceeded; and the sale of products raised or produced on the premises.

(3)

Home occupations (see article X).

(4)

Accessory dwelling unit (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-323. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living homes, category B. The maximum number of beds shall be three beds times the permitted density.

(3)

Religious facilities/institutions.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-324. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Agricultural activities other than those permitted in section 70-322. Such activities shall include, but are not limited to the following:

a.

Livestock raising.

b.

Dairy farming.

c.

Poultry and egg production.

d.

Apiculture.

e.

Aviaries.

f.

Kennel facilities.

g.

Plant nurseries.

h.

Other similar agricultural pursuits.

(2)

Utility substation.

(3)

Government buildings and public uses (subject to applicable thresholds pursuant to the comprehensive plan).

(4)

Bed and breakfast facilities, regulated as residential equivalent uses, governed by the applicable comprehensive plan category standard.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-325. - Property development standards.

(a)

Maximum height. No structure in the RR district shall exceed 45 feet, except as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: two acres.

(2)

Width: 90 feet.

(3)

Depth: 100 feet.

(c)

Maximum building coverage. The maximum area of the lot or parcel which may be covered by vertical structures shall not exceed 25 percent. The impervious surface ratio shall not exceed 0.60.

(d)

Setback requirements. The following minimum setbacks shall be required, except as otherwise provided in article IX:

(1)

Front: 50 feet.

(2)

Side: 25 feet.

(3)

Rear: 25 feet.

(e)

Maximum density. The density of the RR district shall not exceed one-half dwelling unit per 43,560 square feet of land area, or the density permitted by the comprehensive land use plan, whichever is less.

(f)

All uses considered as nonresidential approved under this section shall not exceed a floor ratio of 0.30.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-326.- Purpose.

The RE district is comprised of rural estate residential type of development. Complete urbanization of these areas is not intended as the development of them is primarily of the home/garden residential type and a rural atmosphere is maintained. This district shall include those areas indicated on the zoning atlas maps as RE.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-327. - Permitted uses.

The following uses may be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Agricultural activities, including the boarding of horses provided the three animals per acre limit is not exceeded; and the sale of products raised or produced on the premises.

(3)

Home occupations (see article X).

(4)

Accessory dwelling unit (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-328. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living homes, category B. The maximum number of beds shall be three beds times the permitted density.

(3)

Religious facilities/institutions.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-329. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Utility substations.

(2)

Government buildings and public uses (subject to applicable thresholds pursuant to the comprehensive plan).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-330. - Property development regulations.

(a)

Maximum height. No structure in the RE district shall exceed 45 feet except, as otherwise provided in article IX.

(b)

Minimum building site area requirements. The minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: one acre.

(2)

Width: 125 feet.

(3)

Depth: 125 feet.

(c)

Maximum building coverage. The maximum area of the lot or parcel which may be covered by vertical structures shall not exceed 50 percent. The impervious surface ratio shall not exceed 0.60.

(d)

Setback requirements. The following minimum setbacks shall be required except as otherwise provided in article IX:

(1)

Front: 25 feet.

(2)

Side: 15 feet.

(3)

Rear: 20 feet.

(e)

Maximum density. The density of the RE district shall not exceed one dwelling unit on each 43,560 square feet of land area or the density permitted by the comprehensive land use plan, whichever is less.

(f)

All uses considered nonresidential approved under this section shall not exceed floor area ratio of 0.30.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-331.- Purpose.

The RS district is comprised of rural estate residential type of development. Complete urbanization of these areas is not intended as the development of them is primarily of the home-garden residential type and a rural atmosphere is maintained. This district shall include those areas indicated on the zoning atlas maps as RS.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-332. - Permitted uses.

The following uses may be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Agricultural activities, including the maintaining of livestock with no more than three ungulate animals per acre, but only to the extent as to supply the occupant's needs, with the exception that maintaining livestock may include boarding of horses provided the three animals per acre limit is not exceeded. A minimum of one acre is required to maintain ungulate animals and horses.

(3)

Home occupations (see section 70-895).

(4)

Accessory dwelling unit (see section 70-891).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-333. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living home category B. The maximum number of beds shall be three beds times the permitted density.

(3)

Religious facilities/institutions.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-334. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Utility substation; government buildings, and other public uses (subject to applicable thresholds pursuant to the comprehensive plan). Any such use, alone or when added to existing contiguous like uses, that exceeds the applicable threshold shall require a plan amendment, which shall include such use and all contiguous like uses.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-335. - Property development standards.

(a)

Maximum height. No structure in the RS district shall exceed 45 feet except, as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 17,424 square feet.

(2)

Width: 90 feet.

(3)

Depth: 100 feet.

(c)

Maximum building coverage. The maximum area of the lot or parcel which may be covered by vertical structures shall not exceed 50 percent. The impervious surface ratio shall not exceed 0.60.

(d)

Setback requirements. The following minimum setbacks shall be required, except as provided in article IX:

(1)

Front: 25 feet.

(2)

Side: ten feet.

(3)

Rear: 15 feet.

(e)

Maximum density. The density of the RS district shall not exceed one unit per 17,424 square feet or the density permitted by the comprehensive land use plan, whichever is less.

(f)

All uses considered as nonresidential approved under this section shall not exceed a floor area ratio of 0.30.

(g)

Special requirements.

(1)

Public/semipublic uses. A public/semipublic ancillary nonresidential use (except public educational facilities) shall be subject to applicable comprehensive plan thresholds and requirements. Such use or contiguous like uses in excess of thresholds shall require a plan amendment.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-356.- Purpose.

The RL district provides areas of single-family residential development located where lower density single-family uses are desirable. This district shall include all those areas indicated on the zoning atlas maps as RL.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-357. - Permitted uses.

Within any RL district, only the following uses shall be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Accessory dwelling unit (see article X).

(3)

Home occupations (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-358. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living home, category A, to be occupied by no more than ten individuals along with a maximum of two full-time supervisors or house parents. The maximum number of beds shall be three beds times the permitted density.

(3)

Religious facilities/institutions.

(4)

Parking lot for abutting commercial or office use (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-359. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Utility substations.

(2)

Government buildings and other public uses, subject to applicable thresholds pursuant to the comprehensive plan.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-360. - Property development standards.

(a)

Maximum height. No structure shall exceed 35 feet in height except as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum building site requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 8,712 square feet.

(2)

Width: 70 feet.

(3)

Depth: 90 feet.

(c)

Maximum intensity. A residential use shall not exceed an impervious surface ratio of 0.75. A nonresidential use shall not exceed a floor area ratio of 0.40 or an impervious surface ratio of 0.65.

(d)

Setback requirements. The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

Front: 25 feet.

(2)

Side: seven and one-half feet.

(3)

Rear: 15 feet.

(4)

The front setback may be reduced to 20 feet in order for development or redevelopment to maintain consistency with abutting lots which are developed with a 20-foot front setback. For lots with 100 feet or less in depth, the rear setback may be reduced to ten feet.

(5)

For additions to single-family residential dwellings that propose to follow an existing building line, but which said addition would not otherwise meet the required side setbacks or the front setback for the non-address side of a dwelling located on a double frontage lot, may at the sole discretion of the city manager or designee be approved without the requirement for a variance hearing before the developmental review board, subject to the proposed addition being within the limits of the district setback requirements and said addition is architecturally compatible with the principal building.

(e)

Maximum density. The density shall not exceed one dwelling unit per 8,712 square feet of land area or the density permitted by the comprehensive land use plan, whichever is less.

(f)

Special requirements.

(1)

Public/semipublic uses. A public/semipublic ancillary nonresidential use, except public educational facilities, shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-381.- Purpose.

The RU district is comprised of single-family dwellings with maximum density of land use by single-family residences. This district will provide smaller lots and dwellings for those areas in the city where this type of development is practical. This district shall include those areas indicated on the zoning atlas maps as RU.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-382. - Permitted uses.

The following uses shall be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Accessory dwelling unit (see article X).

(3)

Home occupations (article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-383. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living homes, category A to be occupied by no more than ten individuals along with a maximum of two full-time resident supervisors or house parents. The maximum number of beds shall be three beds times the permitted density.

(3)

Religious facilities/institutions.

(4)

Parking lot for abutting commercial or office use (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-384. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Utility substations.

(2)

Government buildings and other public uses, subject to applicable thresholds pursuant to the comprehensive plan.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-385. - Property development standards.

(a)

Maximum height. No structures in the RU district shall exceed 35 feet in height except, as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 5,808 square feet.

(2)

Width: 60 feet.

(3)

Depth: 80 feet.

(c)

Maximum intensity. A residential use shall not exceed an impervious surface ratio of 0.75. A nonresidential use shall not exceed a floor area ratio of 0.40 nor an impervious surface ratio of 0.65.

(d)

Setback requirements. The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

Front: 20 feet.

(2)

Side: six feet.

(3)

Rear: ten feet.

(e)

Maximum density. The density shall not exceed one dwelling unit per each 5,808 square feet of land area or the density permitted by the comprehensive land use plan, whichever is less.

(f)

Special requirements.

(1)

Public/semipublic uses. A public/semipublic ancillary nonresidential use, except public educational facilities, shall be subject to applicable thresholds pursuant to the comprehensive plan. Such use or contiguous like uses in excess of applicable thresholds shall require a plan amendment.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-406.- Purpose.

The RLM district is comprised of areas where the development of single-family, dwellings, duplexes or triplexes is appropriate. It is intended that such areas be located in or near urbanized areas where good transportation facilities and urban services are readily available. The district shall include all areas indicated on the zoning atlas maps as RLM.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-407. - Permitted uses.

Within the RLM district, only the following uses shall be permitted:

(1)

Single-family dwellings.

(2)

Duplex dwellings.

(3)

Triplex dwellings.

(4)

Accessory uses.

(5)

Home occupations (section 58-526 et seq.).

(6)

Guest cottages (only on lots where one single-family residence is located).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-408. - Special exceptions.

Upon application to the developmental review board and favorable action thereon, pursuant to section 70-191 et seq., the following uses may be permitted in the RLM district:

(1)

Day care center.

(2)

Group homes, category I. The residential equivalent for such facilities shall be 2.3 times the permitted units per acre, to determine the maximum number of beds permitted per acre.

(3)

See section 70-195 for other special exceptions that may be permitted in this district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-409. - Conditional uses.

Upon application to and favorable action by the city council, pursuant to section 70-226 et seq., the following conditional uses may be permitted in the RLM district:

(1)

Utility substations.

(2)

Government buildings and public uses.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-410. - Property development regulations.

(a)

Minimum building regulations. No structure in the RLM district shall exceed 35 feet in height unless otherwise provided in section 70-862.

(b)

Building site area requirements. Building site area requirements are as follows:

(1)

Area: 7,500 square feet.

(2)

Width: 75 feet.

(3)

Depth: 80 feet.

Platting of single-family attached dwellings to allow individual unit ownership is permitted; provided the duplexes or triplexes subject to platting were initially approved, subject to the provisions of RLM zoning. No such platting shall be approved by the community development department until such time as a final site plan for the project has been reviewed and approved by the community development department for construction purposes. Provisions for parking and easements for access to units and parking areas are required and are to be recorded as part of the plat, and must be shown on the submitted site plan. Easements for maintenance shall be required where necessary. The unit access easements are to be a minimum of four feet in width. It is the intent of this section to allow individual dwelling unit fee simple ownership without creating a nonconforming building area requirement.

(c)

Public/semipublic uses. A public/semipublic ancillary nonresidential use shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(d)

Maximum building area. A minimum of 25 percent of the site must remain in open permeable area.

(e)

Setback requirements. The following minimum setbacks shall be required:

(1)

Front: 25 feet.

(2)

Side: six feet.

(3)

Rear: ten feet.

(f)

Maximum density. The maximum density of the RLM district (no structure may contain more than three dwelling units).

(g)

Special requirements.

(1)

Maximum density. The maximum density of the RLM district shall be one unit for each full 3,500 square feet of lot area (no structure may contain more than three dwelling units).

(2)

Nonresidential uses. Nonresidential uses shall not exceed a maximum floor area ratio of 0.50 nor a maximum impervious surface ratio of 0.75.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-431.- Purpose.

The MH district is composed of residential areas comprised of mobile homes. Utilization of contemporary design practice is encouraged and developers shall avoid the monotony of obsolete rectilinear patterns. This district shall include those areas indicated on the zoning atlas maps as MH.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-432. - Permitted uses.

(a)

The following uses shall be permitted:

(1)

Mobile homes in subdivisions.

(2)

Mobile homes in mobile home parks.

(3)

Accessory uses such as maintenance areas, laundry areas, recreational facilities, and storage facilities for residents.

(b)

No new mobile home park or subdivision or additions thereto will be permitted in any coastal high-hazard area (hurricane evacuation zone level A) designated without regard to a mobile home use, or floodway designated pursuant to the flood insurance rate maps as published by the federal government.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-433. - Special exceptions.

Application shall be submitted pursuant to the provisions of article III.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-434. - Mobile home park property development standards.

(a)

Maximum building height. The maximum building height is 35 feet.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: ten acres.

(2)

Width: 150 feet.

(3)

Depth: 200 feet.

(4)

Each mobile home site or space shall be at least 3,500 square feet in area and be at least 40 feet wide and 80 feet deep. Lot area shall be exclusive of street or drive.

(c)

Maximum building area intensity. A residential use shall not exceed an impervious surface ratio of 0.65. A nonresidential use shall not exceed a floor area ratio of 0.40 or an impervious surface ratio of 0.65.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-435. - Setback requirements.

Minimum setbacks shall be required in the MH district as per the county fire prevention ordinance and pursuant to the explanatory memo dated October 18, 1995, written by the director of the county development review services (also see section 70-865 and F.A.C. 64E-15).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-436. - Special requirements for mobile home parks.

(a)

Maximum density. Units in a mobile home park shall not exceed the density permitted by the comprehensive land use plan. Mobile home parks existing prior to the adoption of the comprehensive land use plan and legally permitted at the time of development shall be grandfathered as to density.

(b)

Street requirements. Roadways or streets within a mobile home park may be private, but the following requirements shall apply:

(1)

Internal collector streets shall be 30 feet in width, with a minimum of 24 feet of paved surface.

(2)

Internal minor streets shall be 25 feet in width, with a minimum of 20 feet of paved surface.

(3)

A collector street shall be defined as a street from two or more internal minor streets to dedicated rights-of-way. All streets that provide ingress and egress from dedicated public rights-of-way shall be deemed to be collector streets. All other streets within the park may be internal minor streets.

(4)

Except as otherwise provided in this section, the design and construction of roads, streets, drives, utilities and drainage installations shall be in compliance with the minimum standards of this land development code.

(5)

Street lighting shall be installed to the standards established by the utility/service provider for residential areas. City will require an approved plan for street illumination from the utility/service provider.

(c)

Recreation area requirements. Not less than ten percent of the gross site area shall be devoted to open space and recreation facilities, generally provided in a central location, or in larger sites decentralized. Such areas may include space for community buildings, swimming pools and open space.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-437. - Mobile home subdivision property development standards.

(a)

Development standards for mobile home subdivisions are as follows:

(1)

Maximum building height. The maximum building height is 35 feet.

(2)

Minimum building site area requirements. Minimum building site area requirements for individual lots are as follows:

a.

Area: 5,808 square feet.

b.

Width: 60 feet.

c.

Depth: 80 feet.

(3)

Total site area. The total area provided for a new mobile home subdivision shall consist of a minimum of ten acres with a minimum width of 150 feet and a minimum depth of 200 feet.

(4)

Maximum building area. A residential use shall not exceed an impervious surface ratio of 0.65. A nonresidential use shall not exceed a floor area ratio of 0.40 or an impervious surface ratio of 0.65.

(5)

Setback requirements. Minimum setbacks shall be required in the MH district as per the county fire prevention ordinance and pursuant to the explanatory memo dated October 18, 1995, written by the director of the county development review services (also see section 70-865 and F.A.C. Chapter 64E-15).

(6)

Special requirements.

a.

Maximum density. Units in a mobile home subdivision shall not exceed the density permitted by the comprehensive land use plan. Mobile home subdivisions existing prior to the adoption of the comprehensive land use plan and legally permitted at the time of development shall be grandfathered as to density.

(b)

Street requirements. Roadways or streets within a mobile home subdivision shall be private, but the following requirements shall apply:

(1)

Internal collector streets shall be 30 feet in width, with a minimum of 24 feet of paved surface.

(2)

Internal minor streets shall be 25 feet in width, with a minimum of 20 feet of paved surface.

(3)

A collector street shall be defined as a street from two or more internal minor streets to dedicated rights-of-way. All other streets within the park may be internal minor streets.

(4)

Except as otherwise provided in this section, the design and construction of roads, streets, drives, utilities and drainage installations shall be in compliance with the minimum standards of this land development code.

(c)

Recreation area requirements. Not less than ten percent of the gross site area shall be devoted to open space and recreation facilities, generally provided in a central location, or in larger sites decentralized. Such areas may include space for community buildings, swimming pools and open space.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-461.- Purpose.

The RM district is intended to provide a broad range of residential development types and densities and intensities. This district shall include those areas indicated on the zoning atlas maps as RM.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-462. - Permitted uses.

The following uses shall be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Duplex dwellings and their customary accessory uses.

(3)

Triplex dwellings and their customary accessory uses.

(4)

Multifamily dwellings and their customary accessory uses.

(5)

Home occupations (see article X).

(6)

Accessory dwelling unit (see article X).

(7)

In conjunction with a multifamily development, storage areas for use by residents only. Such areas shall be screened by opaque fencing or landscaping a minimum of six feet in height, with the fencing to comply with all other applicable portions of this land development code.

(8)

Group living homes, category A to be occupied by no more than 14 individuals along with a maximum of two full-time resident supervisors or house parents. The maximum number of beds shall be three beds times the permitted density. Locational requirements shall be governed by F.S. ch. 419.

(9)

Religious facilities/institutions, provided such facilities are not located adjacent to a single-family zoning district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-463. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Day care center (see article X).

(2)

Group living homes, category B to be occupied by more than 14 individuals, along with a maximum of two full-time resident supervisors or house parents. The maximum number of beds shall be three beds times the permitted density. Locational requirements shall be governed by F.S. ch. 419.

(3)

Assisted living facilities. The maximum number of beds shall be three beds times the permitted density. (See section 70-195.)

(4)

Public/semi-public uses. Shall be subject to applicable thresholds pursuant to the comprehensive plan. Such use or contiguous like uses in excess of applicable thresholds shall require a plan amendment.

(5)

Religious facilities/institutions adjacent to a single-family zoning district.

(6)

Parking lot for abutting commercial or office use (see article X).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-464. - Conditional uses.

Pursuant to the provisions of article IV, nursing facilities may be permitted as conditional uses. The maximum number of beds shall be three times the permitted density.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-465. - Property development standards.

(a)

Maximum height. No structure in the RM district shall exceed 65 feet in height except as otherwise permitted in article IX. When located within 50 feet of any residential single-family zoned property, no structure shall exceed 35 feet in height except as otherwise permitted in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 7,500 square feet.

(2)

Width: 75 feet.

(3)

Depth: 80 feet.

(4)

Platting of single-family attached dwellings to allow individual unit ownership is permitted; provided the two-family or three-family dwellings subject to platting were initially approved, subject to the provisions of RM zoning. No such platting shall be approved by the community development department until such time as a final site plan for the project has been reviewed and approved by the community development department for construction purposes. Provisions for parking and easements for access to units and parking areas are required and are to be recorded as part of the plat, and must be shown on the submitted site plan. Easements for maintenance shall be required where necessary. The unit access easements are to be a minimum of four feet in width. It is the intent of this section to allow individual dwelling unit fee simple ownership without creating a nonconforming building area requirement

(c)

Maximum intensity. A residential use shall not exceed an impervious surface ratio of 0.75. For multifamily development, the minimum common area open space and recreation area shall be 25 percent of the development site, and at least one-third of the open space area shall be consolidated in one location on the site. A nonresidential use shall not exceed a floor area ratio of 0.50 or an impervious surface ratio of 0.75.

(d)

Setback requirements. The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

For single-family dwelling structures and their customary accessory uses:

a.

Front: 25 feet.

b.

Side: six feet.

c.

Rear: ten feet.

(2)

All structures shall be a minimum of 25 feet from the pavement edge of any private street lying within the RM district. For the purposes of this section, a private street is considered to be a roadway, not dedicated to the public, providing general access and circulation of traffic through this district. Private streets do not include the drive-through areas of parking lots.

(3)

All principal structures shall be separated by not less than 12 feet.

(4)

No multifamily structure shall be located within 25 feet of any parcel zoned, utilized or approved for single-family dwellings.

(e)

Maximum density. The allowed density shall not exceed the maximum density permitted by the comprehensive plan future land use plan category.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-486.- Purpose.

The RPD district allows variable density residential areas along with supporting accessory uses. Within such districts single-family, duplexes, triplexes and multifamily dwellings may be permitted. Construction in this zone is not authorized without prior approval of an overall development site plan that satisfies the special requirements and standards established for this district to ensure adequate open space; appropriate densities; proper ingress/egress and circulation of traffic. The intent of this district is to encourage use of imaginative design to avoid monotonous repetition of pattern, and to permit flexibility of site design. It is further the intent that adequate spatial and/or vegetative buffers be required between uses that are characteristically different by density or design. This district shall include those areas on the zoning atlas maps designated as RPD, residential planned development district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-487. - Permitted uses.

The following uses shall be permitted:

(1)

Single-family dwellings and their customary accessory uses.

(2)

Two-family dwellings and their customary accessory uses.

(3)

Three-family dwellings and their customary accessory uses.

(4)

Multifamily dwellings and their customary accessory uses.

(5)

Group homes category A to be occupied by no more than 14 individuals along with a maximum of two full-time resident supervisors or house parents under the following conditions:

a.

The facility shall meet F.S. ch. 419, locational requirements.

b.

The maximum number of beds shall be three beds times the permitted density.

(6)

Accessory uses to primarily serve the residents of the district as follows:

a.

Public and semipublic parks, playgrounds, schools, religious facilities/institutions, day care center in multifamily areas, community buildings, recreation rooms, meeting facilities, and other related community facilities. Structures and playground areas, when used for these facilities, shall be located at least 50 feet from any adjacent parcels used for residential purposes.

b.

Marinas that provide launching, docking, storage of boats, for use of the residents of the residential planned development. (See article X.)

c.

Golf courses. These may be calculated as required recreational space. The clubhouse and associated structures shall be located at least 150 feet from any residential dwelling structure.

d.

Public or private utility substation, lift station and other like accessory uses, provided there is no storage of trucks or materials on the site.

e.

Storage areas for personal use only by residents of the residential planned development. Such areas shall be screened by opaque fencing or landscape material a minimum of six feet in height, with the fencing to comply with all other applicable portions of this land development code.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-488. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Assisted living facilities (except in single-family areas). The maximum number of beds shall be three beds times the permitted density.

(2)

Specially designed residential developments. Since the intent of the RPD district is to encourage imaginative design, avoid monotonous repetition of pattern, provide adequate open space, and permit flexible site design, the developmental review board may, upon proper finding, grant special exceptions for specially designed residential developments that may not comply with all specific requirements of section 70-490. Such developments, however, shall substantially be in accordance with the purpose and intent of this chapter. All setbacks as required from the perimeter of the district and from public rights-of-way shall be met.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-489. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Nursing facilities. The maximum number of beds shall be three beds times the permitted density.

(2)

Government buildings and other public uses.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-490. - Property development standards.

(a)

Maximum height. No structure in the RPD district shall exceed 65 feet in height except as otherwise permitted in article IX. When located within 50 feet of any residential single-family zoned property, no structure shall exceed 35 feet in height except as otherwise permitted in section 70-862.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see section 70-274 for lots or parcels of substandard dimensions):

(1)

Area: five acres.

(2)

Width: 275 feet.

(3)

Depth: 300 feet.

(c)

Maximum intensity. A residential use shall not exceed an impervious surface ratio of 0.70. Minimum common open space and recreation area required shall not be less than 30 percent of the total site area. Common open space and recreation area shall be defined as the total amount of area, including outdoor space, permanently set aside and designated on the site plan specifically for open space and recreational areas for the residential planned development. It is further required that a minimum of a third of the space must be contained in one location. A nonresidential use shall not exceed a floor area ratio of 0.40, or an impervious surface ratio of 0.60.

(d)

Setback requirements. The following minimum setbacks shall be required, except as otherwise provided in this section or in article IX:

(1)

Front: 25 feet. Every structure containing dwelling units shall have access to a public right-of-way directly or via a court, walkway or other area dedicated to public use or owned and maintained by a homeowners association, but need not front on a right-of-way.

(2)

Side: 15 feet.

(3)

Rear: 15 feet.

(4)

Except as otherwise provided herein, the minimum distance between principal structures in the RPD district shall be 15 feet from wall to wall, and a minimum 25-foot setback shall be required to the edge of any publicly dedicated right-of-way. A minimum of 25 feet from the pavement edge of any private street lying within the RPD district to any structure shall be required. For the purposes of the this section, a private street shall be considered to be a roadway not dedicated to the public providing general access and circulation of traffic through this district, not including the drive-through areas of parking lots.

(5)

A minimum 25-foot setback shall be maintained between all structures (except detached single-family dwelling and their accessory uses) and the perimeter of the RPD district.

(6)

A multifamily dwelling shall not be located within 25 feet of any area designed on the site plan for use of single-family dwellings.

(7)

Detached open carports supported by columns that have a maximum cross sectional dimension of six inches or less may be permitted with no required front yard setback, providing no portion of the carport, including overhang, extends into the vehicular street or roadway. This provision shall not be permitted in single-family areas, nor shall any carport be permitted within 25 feet of any publicly dedicated street or roadway.

(e)

Maximum density. The maximum permitted density is the density permitted by the comprehensive plan future land use plan category for the property.

(f)

Special requirements.

(1)

Public/semipublic uses. A public/semipublic ancillary nonresidential use except public educational facilities shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(2)

Single-family detached dwelling. All portions of planned developments that propose single-family detached dwellings shall be platted in accordance with F.S. ch. 177, with lots of 6,000 square feet minimum. Setback requirements shall be 20 feet front, and six feet side and ten feet rear. (Also see section 70-865.) This provision shall permit single-family cluster development provided each lot has a minimum of ten feet of frontage on an easement dedicated on the plat to the homeowners for ingress and egress. Such easement shall not be greater in length than 200 feet measured from the point between the furthest lot to a publicly dedicated right-of-way.

(3)

Platting of multifamily dwellings or attached single-family dwellings. All portions of a planned development that propose platting of multifamily dwellings or attached single-family dwellings shall require all platted lots to contain a minimum of ten feet of frontage on a permanent easement for access that has been legally described and recorded as a part of the plat. Any such easement shall be of a minimum width of 24 feet. This provision for platting of attached dwelling units shall only be permitted in those areas where there is only one level of ownership. This subsection shall not permit platting of multilevel condominium-type ownerships. No such platting shall be approved by the community development department until such time as a final site plan for that portion of the project in question has been reviewed and approved by the community development department for construction purposes.

(4)

Zero lot line. Zero lot line single-family detached dwellings may be permitted subject to the following conditions:

a.

All zero lot line single-family detached projects shall be platted in accordance with F.S. ch. 177, with lots a minimum of 4,500 square feet.

b.

All structures shall have a required front setback of 20 feet, and a required rear setback of ten feet.

c.

Side setbacks shall be none on one side lot line and a minimum of 12 feet on the opposite side of the lot.

d.

The building envelope shall be shown on the final site plan and final plat with minimum setbacks shown.

e.

A maintenance easement of five feet shall be designated on all lots adjacent to the zero lot line boundary. Eaves and awnings shall not project into this easement more than 12 inches except as may be required by building, fire or life safety codes.

f.

Windows and doors shall not be permitted in the side of the structure adjacent to the zero lot line except as may be required by building, fire or life safety codes.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-516.- Purpose.

The purpose of the O district is to permit general professional office buildings of high character and attractive surroundings in areas where such uses are appropriate. It is intended that the O district be located in areas where high-intensity uses would not be appropriate; or where a buffer is needed from a high-intensity area to a less intense area along a main traffic corridor; or where the city wishes to exclude high-intensity uses along main corridors. This zone is not intended for use in areas predominantly single-family residential in character. However, the city recognizes that along certain main corridors, strict residential standards are not appropriate and that a mix use of office/residential is acceptable.

The O district may be utilized within areas designated by the comprehensive future land use plan map as follows:

(1)

Office/residential.

(2)

Commercial neighborhood.

(3)

Commercial limited.

(4)

Commercial general.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-517. - Permitted uses.

The following uses are permitted:

(1)

Offices for professional services such as physicians (including clinics), attorneys, accountants, engineers, architects, real estate, stockbrokers or other similar service or any other type of office where the service of the office does not involve the transfer of a commercial product at the office site. The incidental dispensing of medicines or medical supplies is permitted from a doctor's office or clinic.

(2)

Studios for an artist, photographer, sculptor, musician, or similar activities for the purpose of teaching or artistic instruction only.

(3)

Lunch stands or snack bars within and accessory to an office building to serve the building's users.

(4)

Schools, public or private, and religious facilities/institutions.

(5)

Hospitals. These shall not be permitted in coastal high-hazard areas, hurricane evacuation zones level A, and floodways as designated by the national flood insurance program, with maps on file in the building/life safety services section.

(6)

Funeral homes.

(7)

Banking facilities, which may include drive-through lanes.

(8)

Day care center, limited residential, in conjunction with an above-permitted use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-518. - Special exceptions.

No special exceptions may be authorized in the O district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-519. - Conditional uses.

Pursuant to the provisions of article IV, residential use and residential equivalent use may be permitted, subject to the density, residential equivalent, and mixed use limitations contained within the overlaying plan category.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-520. - Nonresidential property development standards.

(a)

Maximum height. No structure shall exceed 50 feet in height except, as provided for in article IX. When located within 50 feet of any residentially zoned property, no structure shall exceed 35 feet in height, except, as provided for in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 7,500 square feet.

(2)

Width: 75 feet.

(3)

Depth: 90 feet.

(c)

Maximum intensity.

(1)

All development and redevelopment under the O zoning district shall be limited by and consistent with the allowable uses, maximum intensities (FAR and ISR) and densities, mixed use standards, and other standards as enumerated within the applicable future land use plan category overlaying the O zoning district.

(d)

Setback requirements. The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

Front: 25 feet.

(2)

Side: 15 feet.

(3)

Rear: 15 feet.

(e)

Special requirements.

(1)

No retail sales, display or storage of merchandise is permitted except when in conjunction with and completely incidental to a permitted use such as the dispensing of medicines, medical supplies, optical products, from a doctor's office or clinic.

(2)

Accessory lunch stands or snack bars may be permitted within office buildings to serve the users of the building.

(3)

No machinery or merchandise may be stored except that which is customarily incidental to a permitted use on-site.

(4)

A public/semipublic ancillary nonresidential use shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-521. - Residential property development standards.

(a)

Maximum height. No structure shall exceed 50 feet in height except, as otherwise permitted in article IX. When located within 50 feet of any residential single-family zoned property, no structure shall exceed 35 feet in height except, as otherwise permitted in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50 for lots or parcels of substandard dimensions):

(1)

Area: 7,500 square feet.

(2)

Width: 75 feet.

(3)

Depth: 80 feet.

(c)

Maximum intensity. See section 70-520. The minimum common open space and recreation area shall be 25 percent. A third of the required open space area shall be in one location on the site.

(d)

Setback requirements. The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

For single-family dwelling structures and their customary accessory uses:

a.

Front: 25 feet.

b.

Side: seven and one-half feet.

c.

Rear: ten feet.

(2)

All structures shall be a minimum of 25 feet from the pavement edge of any private street lying within the district. For the purposes of the this section, a private street is considered to be a roadway, not dedicated to the public, providing general access and circulation of traffic through this district. Private streets do not include the drive-through areas of parking lots.

(3)

All principal structures shall be separated by not less than 15 feet.

(4)

No multifamily structure shall be located within 25 feet of any parcel zoned, utilized or approved for single-family dwellings.

(e)

Maximum density. The allowed density shall not exceed the following dwelling units per acre or the maximum density permitted by the comprehensive plan future land use plan category, whichever is less.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-541.- Purpose.

The CN district provides areas for commercial development such as compact shopping areas located in the neighborhood which they serve. The location of such areas is intended to conveniently supply the immediate needs of the neighborhood where the types of services rendered and the commodities sold are those which are needed daily and purchased at frequent intervals. This district shall include those areas indicated on the zoning atlas maps as CN. The CN district may be utilized in areas designated by the future land use plan map as commercial general, commercial limited, commercial neighborhood, industrial limited and residential/office/retail.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-542. - Permitted uses.

The following uses are permitted:

(1)

Any retail business or commercial use that does not involve the manufacture or processing of products, provided the use serves the immediate needs of the neighborhood, such as grocery, convenience shopping, including sale of gasoline from pumps, pharmacy, small restaurants (50 seats or less) with no-drive in or drive-through facilities, hardware or similar type business; but this subsection shall not permit the retail sale or display of vehicles, boats, mobile homes, model homes, or other outdoors sales use.

(2)

Personal service establishments that attend primarily to one's personal care or apparel, including but not limited to:

a.

Hair and beauty care.

b.

Medical and dental clinics.

c.

Professional and other offices.

d.

Dry cleaning/laundry service (collection and distribution only).

e.

Shoe repair.

f.

Watch and clock repair and locksmith shops.

(3)

Studios.

(4)

Day care centers (see article X).

(5)

A public/semipublic ancillary nonresidential use.

(6)

Single-family, two-family, three-family, and multi-family dwelling units; up to ten units per acre, subject to use limitations of the underlying plan category.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-543. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Restaurants with more than 50 seats.

(2)

Commercial or office uses with a drive-through lane.

(3)

Such other uses that would be similar to those permitted and special exception uses listed above and that would be consistent with the definition of this district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-544. - Property development standards.

(a)

Maximum height. No structure in the CN district shall exceed 35 feet in height except, as otherwise permitted in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows:

(1)

Area: 10,000 square feet.

(2)

Width: 85 feet.

(3)

Depth: 100 feet.

(4)

A public/semipublic ancillary nonresidential use shall be subject to comprehensive plan thresholds. Such use or contiguous like uses in excess of applicable thresholds shall require a plan amendment.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-545. - Maximum intensity.

(1)

A residential use or residential equivalent use shall not exceed an impervious surface ratio of 0.75.

(2)

A nonresidential use shall not exceed a floor area ratio of 0.40, or an impervious surface ratio of 0.80.

(3)

All development and redevelopment under the CN zoning district shall be limited by and consistent with the allowable uses, maximum intensities (FAR and ISR) and densities, mixed use standards, and other standards as enumerated within the applicable future land use plan category overlaying the CN zoning district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-546. - Setback requirements.

The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

Front: 25 feet measured from any right-of-way line to a structure.

(2)

Side or rear (interior lot or parcel): None required for commercial uses or structures; except when the side or rear of a lot abuts a less intense use district, there shall be a side or rear yard provided of a minimum of 20 percent of the lot width or depth, respectively, but this section shall not require more than 20 feet.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-547. - Special requirements.

The following special requirements are applicable:

(1)

Performance standards, see article XI.

(2)

This district does not permit the storage of commercial vehicles.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-571.- Purpose.

The CG district provides an area for the retailing of certain commodities, the furnishings of several limited services and certain selected trade shops, with related commercial activities conveniently located in a community of several neighborhoods. It is intended that this district shall serve a considerably greater population than the CN district and offer certain specialized services in addition to all other retail sales outlets for consumer products. This district shall include those areas indicated on the zoning atlas maps as CG. The CG district may be utilized in areas designated by the future land use plan map as commercial general, commercial limited, commercial neighborhood, and residential/office/retail.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-572. - Permitted uses.

The following are permitted uses:

(a)

Any use permitted in the O or CN district or any other retail sales outlet for products (except heavy equipment) sold directly to the consumer is permitted. This may include but is not limited to lumber, hardware, paint, electrical, and plumbing supplies provided that all sales and storage areas for these types of products are screened from view by an opaque fence or wall a minimum of six feet in height. All sales areas except as noted above shall be indoor locations. Outdoor displays of products sold at retail that by their nature or size dictates that the operation be outdoors are permitted. Such uses may include but are not limited to the following:

(1)

Retail sales, display and rental of vehicles, boats, and mobile homes, farm equipment and supplies, sales and services, plant nurseries and sale of landscape materials, swimming pools, and spas and similar uses. Such uses, when abutting residential districts, shall be screened from view from the residential district with an opaque six-foot-high fence or wall in compliance with section 70-912. These uses shall also be in strict accord with the provisions of article II of this chapter. It is not the intent of this section to permit unrestricted outdoor sales, and the provisions of this section shall apply only to those types of uses listed above. The sale, storage or display of all products not normally found or used outdoors shall be conducted from indoor locations only.

(2)

Hotels and motels, when licensed as such by the state. A temporary lodging use shall not exceed 40 units per acre.

(3)

Veterinary hospitals, animal clinics, and kennels when entirely confined within a building.

(4)

Bowling alleys, skating rinks, indoor theaters, or other similar indoor amusement and recreational facilities.

(5)

Automobile repairs when conducted within a completely enclosed building, but not including body work or painting shops.

(6)

Repair and sales of household appliances.

(7)

Service stations.

(8)

Detached accessory storage building provided the building does not exceed 50 percent of the area of the primary building.

(9)

Wholesaling when in conjunction with a permitted retail use and dealing with the same product line. Wholesale volume of sales shall be incidental to the retail volume of sales and shall not exceed 25 percent of floor space devoted to such use.

(10)

Display model houses provided they are removed or converted to nonresidential use when the retail sales effort is terminated.

(11)

Hospitals and clinics. Hospitals shall not be permitted in coastal high-hazard areas (hurricane evacuation zones level A), or floodways as designated by the National Flood Insurance Program, with maps on file in the community development department.

(12)

Government buildings and public uses consistent with the definition of this district and subject to applicable future land use plan thresholds. Such use or contiguous like uses in excess of applicable thresholds shall require a future land use map plan amendment.

(13)

Nursing homes. A nursing home use shall not exceed an equivalent of three beds per permitted dwelling unit at 24 units per acre.

(14)

Recreational vehicle park.

(15)

Mini-storage warehousing when in accordance with the following:

a.

Exterior storage is limited to motor vehicles, boats, motor homes or campers, and is prohibited in required parking spaces, drive aisles, landscape or drainage areas.

b.

Maximum building height for all storage units shall be 12 feet.

c.

Exterior storage shall not exceed 20 percent of the total building area.

d.

Facilities shall be used for dead storage only and shall not be used for assembly, processing, fabrication, repair, business or sales, practice rooms, meeting rooms, or living units. The storage of explosives or highly flammable material is prohibited. Garage sales and/or flea market activities are also expressly prohibited.

(16)

Marinas that provide only boat landing docking, wet or dry storage of boats, and sale of gas, oil and marine supplies. The following conditions shall apply:

a.

Shall be for pleasure craft only.

b.

No major repair or boatbuilding facilities.

c.

The site shall contain sufficient upland areas to accommodate all needed utilities and support facilities such as off-street parking, restrooms, and dry storage.

d.

All applications for marinas shall be accompanied by a hurricane plan, which shall be filed with the county civil emergency services department.

e.

All water and navigation permits shall be obtained prior to site plan approval, when required.

f.

No marina shall be permitted or expanded in areas determined by the state department of environmental protection to be critical to the survival of the West Indian manatee.

g.

Also see article X.

(17)

Restaurants.

(18)

Professional offices.

(19)

Studios.

(20)

Personal service establishments.

(21)

Funeral homes and their customary accessory uses.

(22)

Day care centers (see article X).

(23)

Residential and residential equivalent, subject to the density limit, mixed use standards, and other standards of the applicable overlaying future land use plan category.

(24)

Religious facilities/institutions.

(b)

A mixed use shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-573. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Assisted living facilities (residential equivalent use) that shall not exceed an equivalent of three beds per permitted dwelling units at 24 units per acre, or the density permitted by the overlaying plan category, whichever is less.

(2)

Concrete mixing facilities shall comply with the following standards:

a.

Shall be accessory to the primary business (i.e., building supplies, equipment rental, or other similar business) located on the site.

b.

Only one concrete mixer with a total capacity of one cubic yard shall be located on the lot or parcel.

c.

Shall not be located within 25 feet of any property line or within 50 feet of any residential district.

(3)

Such other uses as may be approved that would be similar to the permitted or special exception uses listed above and which would be consistent with the definition of this district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-574. - Conditional uses.

Pursuant to the provisions of article IV, a retirement community or manufacturing light use may be permitted as a conditional use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-575. - Property development standards.

(a)

Maximum height. No structure in the CG district, except hotel/motel as regulated below, shall exceed 50 feet in height, or 35 feet in height when located within 50 feet of any residential single family zoning district boundary, except as otherwise provided in article IX. No hotel/motel structure shall exceed 65 feet in height, or 50 feet in height when located within 100 feet of any residential single family zoning district, except as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see section 70-274 for lots or parcels of substandard dimensions):

(1)

Area: 10,000 square feet.

(2)

Width: 80 feet.

(3)

Depth: 100 feet.

(c)

Maximum intensity.

(1)

Within the commercial general, commercial limited, commercial neighborhood, or residential/office/retail future land use designations:

Use Maximum Floor Area Ratio
General commercial, except mini-storage 0.35
Mini-storage warehouse 0.40

 

(2)

A nonresidential use shall not exceed an impervious surface ratio of 0.85, or 0.75 when developed or redeveloped under the requirements of the commercial corridor architectural standards (chapter 59). A residential or residential equivalent use shall not exceed an impervious surface ratio of 0.75. The minimum common area open space and recreation area shall be 25 percent of the residential area. A least one-third of the open space area shall be in one location on the site.

(3)

A mixed use shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area.

(4)

All development and redevelopment under the CG zoning district shall be limited by and consistent with the allowable uses, maximum intensities (FAR and ISR), mixed use standards, and other standards as enumerated within the applicable future land use plan category overlaying the CG zoning district, and shall be consistent with countywide rules, as amended.

(d)

Setback requirements. The following minimum setbacks shall be provided:

(1)

Front: 25 feet.

(2)

Side or rear (interior lot or parcel): None required when the side of a lot abuts another commercial lot. When the side of a lot abuts a lot other than a commercial lot, the side setbacks shall be the same as the adjoining district. Except for a corner lot, there shall be a rear yard provided of a minimum of 20 percent of the lot depth, but this section shall not require more than 20 feet.

(e)

Special requirements of the CG district.

(1)

Performance standards, see article XI.

(2)

Commercial vehicles may be stored on site within this district when utilized in conjunction with the permitted use. This shall not include the use or storage of heavy equipment or semi-tractor/trailers.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-601.- Purpose.

The IL district provides areas for general services, wholesale distributions, storage and light fabrications. These areas should be conveniently located to arterial highways and transportation facilities. This district is intended as a distribution center for products sold and for services stored and warehoused for retail or wholesale sales to a customer, jobber, sales outlet or wholesaler. Such districts shall be so located in the community as to minimize the flow of heavy trucking routes through residential areas. These areas may also provide support services to adjacent or nearby industrial areas.

The IL district may be utilized in areas designated by the future land use plan map as industrial limited.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-602. - Permitted uses.

The following uses are be permitted:

(1)

Bakeries, wholesale.

(2)

Automobile body repairs including body work and painting shops when conducted within a completely enclosed building.

(3)

Cold storage and frozen food lockers.

(4)

Contractors storage and equipment areas.

(5)

Dry cleaning, dyeing, and laundry plants.

(6)

Wholesaling/distributing.

(7)

Sale of building materials, including lumber, cement and plaster, plumbing and feed, also including mill work and storage when conducted within a building or an area enclosed within a solid wall a minimum of eight feet high.

(8)

Repair, maintenance and storage terminals for automobiles, buses, cabs, trucks and heavy equipment; but specifically prohibited is storage of garbage vehicles or containers.

(9)

Laboratories for testing materials, chemical analysis.

(10)

Meat storage, cutting and distributing, but not butchering.

(11)

Storage warehouses, including mini-storage.

(12)

Motion picture studios and offices.

(13)

Radio and television stations, studios and associated offices.

(14)

Transportation/utility facilities subject to a maximum area of five acres.

(15)

Production and assembly of scientific, optical and electronic equipment.

(16)

Service operations, such as but not limited to milk bottling and distribution plants and ice cream manufacturing, printing, book-binding, lithography and publishing plants.

(17)

Public/semipublic uses subject to a maximum area of five acres.

(18)

Retail commercial, personal/business service, and commercial/business service use are limited to three acres. Any such use, alone or when added to existing contiguous like uses, that exceeds the threshold shall require a plan amendment that shall include such use and all contiguous like uses.

(19)

Temporary lodging use not to exceed 40 units per acre and shall not exceed a maximum of three acres. Any such use, alone or when added to existing contiguous like uses, that exceeds the threshold shall require a plan amendment that shall include such use and all contiguous like uses.

(20)

Research/development (light and heavy) uses.

(21)

Marinas, subject to a maximum five acres in area.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-603. - Special exceptions.

Pursuant to the provisions of article III, the following uses may be permitted:

(1)

Transfer/recycling facilities subject to a maximum area of three acres.

(2)

Such other uses that would be similar to those permitted and special exception uses listed above and that would be consistent with the definition of this district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-604. - Property development standards.

(a)

Maximum height. No structure in the IL district shall exceed 50 feet in height, nor 35 feet in height when located within 50 feet of any residentially zoning district boundary except, as otherwise provided in article IX.

(b)

Minimum building site area requirements. Minimum site area requirements are as follows:

(1)

Area: 12,000 square feet.

(2)

Width: 80 feet.

(3)

Depth: 100 feet.

(c)

Maximum intensity. No use shall exceed a floor area ratio of 0.50, or an impervious surface ratio of 0.85.

(d)

Setback requirements. The following minimum setbacks shall be provided:

(1)

Front: 25 feet measured from any right-of-way line to a structure.

(2)

Side or rear: None required for structures when the side or rear of a lot abuts another lot in CG or IL districts. When the side of a lot abuts a lot of a less intense usage, the side setbacks shall be the same as the adjoining district. There shall be a rear yard provided of a minimum of 20 percent of the lot depth, but this section shall not require more than 20 feet.

(e)

Special requirements.

(1)

Performance standards, see article XI.

(2)

When abutting a residential district, a solid fence or wall (subject to section 70-775) of at least eight feet in height shall separate the two uses.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-626.- Purpose.

The purpose and intent of the AL district is to protect coastal waterways and coastal wetlands subject to tidal action or periodic tidal inundation. Coastal areas are characterized by mangrove stands and other salt-tolerant vegetation found in tidal fringe lands, and also include all adjacent coastal waters. Any significant alteration of these lands and waterways would result in damage to the aquatic ecosystem and its ecological value to the public. This district shall include those areas designated on the zoning atlas maps as AL.

The AL district should be used in those areas designated by comprehensive plan future land use map as preservation; however, this district shall be compatible with any future land use plan category where the property in question meets the definition of the AL district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-627. - Permitted uses.

Within any AL district, no building or structure shall be erected, altered or used, nor shall any land or water use be permitted except one or more of the following, upon showing that such use, building or structure will not result in a pollution discharge to the waters of the United States, or public waters of the state; result in injury to the aquatic ecosystem; alter the normal ebb and flow of tidal waters; and alter the normal water elevation of interior wetlands and/or lakes:

(1)

Wildlife management structures and accessory uses.

(2)

Docks and piers.

(3)

Recreation and park uses and/or structures compatible with the above.

(4)

Stormwater management facilities.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-628. - Special exceptions.

No special exceptions may be authorized within the AL district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-629. - Conditional uses.

No conditional uses may be authorized within the AL district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-630. - Property development standards.

(a)

This division shall not conflict with other federal, state and local laws, articles and regulations; and to the extent of any such conflict, the more stringent shall prevail unless otherwise provided by law and may be subject to chapter 62, articles III and IV.

(b)

All development standards, except maximum intensity, will be established in conjunction with site plan review.

(c)

Any use, building or structure requiring alteration of the land and/or water shall meet the conditions of section 50-100 et seq.

(d)

Maximum intensity. No use shall exceed a floor area ratio of 0.10, or an impervious surface ratio of 0.20.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-651.- Purpose.

(a)

The purpose of the P district is to regulate the use of properties having unique environmental, biological or ecological features. This division provides criteria for development to:

(1)

Protect areas containing endangered species of flora or fauna;

(2)

Preserve areas considered vital to the maintenance and recharge of water resources;

(3)

Preserve areas with unique or valuable topographic or subsurface features;

(4)

Protect areas of significant environmental or ecological importance to the city;

(5)

Protect areas of natural drainage; and

(6)

Ensure the least intensive development compatible with the preservation of fish and wildlife in their natural state.

These areas may consist of swamps and marsh characterized by cypress, maple or bay trees, willow, sawgrass, arrowhead and similar wetland species.

(b)

It is further the intent of this division that all lands and water classified as preservation shall remain in an essentially undeveloped state with no appreciable impervious surface coverage and with as much natural vegetation retained as possible. This district shall include those areas indicated on the zoning atlas map as P.

(c)

The P district is intended to be utilized in areas designated as preservation or water feature on the future land use plan map. However, it may be utilized under any future land use map designation provided the subject property meets the intent of the definition of this district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-652. - Permitted uses.

The following uses are permitted:

(1)

Facilities, structures and accessory uses for wildlife management.

(2)

Passive recreation and park uses.

(3)

Docks and piers, nature trails or boardwalks.

(4)

Stormwater management facilities.

(5)

Residential density credit of one unit per acre to be transferred to the contiguous non-preservation area of the site under uniform ownership provided the receiving area is appropriately zoned to receive such transfer.

(6)

Nonresidential floor area credit (0.05 maximum) to be transferred to the contiguous non-preservation area of the site under uniform ownership provided the receiving area is appropriately zoned to receive such transfer.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-653. - Special exceptions.

There are no special exceptions permitted within the P district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-654. - Conditional uses.

There are no conditional uses permitted within the P district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-655. - Property development standards.

(a)

This division shall not conflict with other federal, state and local laws, ordinances and regulations; and to the extent of any such conflict, the more stringent shall prevail unless otherwise provided by law. All development requirements will be established in conjunction with site plan review and may be subject to chapter 62, articles III and IV.

(b)

Maximum height. No structures may exceed 35 feet in height.

(c)

Minimum building site area requirements. None.

(d)

Maximum intensity. No use shall exceed a floor area ratio of 0.10 or an impervious surface ratio of 0.20.

(e)

Setback requirements. No structure shall be located within 25 feet of the property line.

(f)

Special requirements. As may be required by the city manager or designee.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-676.- Purpose.

The purpose of the P/SP district is to regulate the location of public service facilities, government facilities and institutions throughout the city. This district shall provide services, facilities and institutions in appropriate areas accessible to the public or in areas with demonstrated demand or need for such uses and otherwise ensure development compatible with existing zoning in areas surrounding or adjacent to this district and with the comprehensive land use plan. This district shall include those areas indicated on the zoning atlas map as P/SP.

The P/SP district may be utilized in areas designated by the comprehensive plan future land use plan map as public/semi-public or recreation/open space.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-677. - Permitted uses.

The following uses are permitted:

(1)

Schools (public or private) of general or special education.

(2)

Colleges and universities.

(3)

Museums, performing arts centers, cultural centers and similar uses.

(4)

Nursing homes. A residential equivalent use shall not exceed an equivalent of three beds per permitted dwelling unit at ten units per acre. This use shall not be permitted in the coastal high-hazard area or hurricane evacuation zone level A.

(5)

Hospitals or medical clinics. This use shall not be permitted in the coastal high-hazard area (hurricane evacuation zone level A).

(6)

Parks, playgrounds or similar recreation complex.

(7)

Beach or water access.

(8)

Recreation/open space.

(9)

Cemeteries if occupying two or more acres. Graves and/or burial crypts shall not be within 50 feet of an adjacent parcel.

(10)

Child day care.

(11)

Utility transmission line.

(12)

Public works garage/storage.

(13)

Electric power substation.

(14)

Telephone switching station.

(15)

Governmental facilities characterized as low intensity or primarily office uses such as a city hall, courthouse, police station, post office, library, government offices, and similar public service and government-oriented uses, and subject to applicable comprehensive plan future land use category thresholds.

(16)

Religious facilities/institutions.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-678. - Special exceptions.

Pursuant to the provisions of article III, the following use may be permitted:

(1)

Telecommunication facilities.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-679. - Conditional uses.

Pursuant to the provisions of article IV, the following conditional uses may be permitted:

(1)

Utility substations, such as electric power substation, water treatment, sewage treatment and similar utility uses.

(2)

Government buildings and public uses other than those listed as permitted uses in this division (such as fire and similar uses) and subject to applicable future land use plan designation thresholds.

(3)

Residential and residential equivalent use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-680. - Property development standards.

(a)

Maximum height. No structure shall exceed 50 feet in height except as otherwise provided in article IX. In approving a conditional use within this district, the city council may increase maximum allowable heights where deemed appropriate.

(b)

Minimum building site area requirements. Minimum building site area requirements are as follows (see chapter 50) for lots or parcels of substandard dimensions):

(1)

Area: one acre.

(2)

Width: 100 feet.

(3)

Depth: 100 feet.

(c)

Maximum intensity.

(1)

All development and redevelopment within the P/SP zoning district shall be limited by and consistent with the allowable uses, maximum intensities (FAR and ISR), mixed use standards, and other standards as enumerated within the applicable future land use plan category overlaying the P/SP zoning district.

(2)

A residential equivalent use shall not exceed an equivalent of three beds per permitted dwelling unit at 12½ units per acre and maximum impervious surface ratio of 0.75.

(3)

A residential use shall not exceed 12½ dwelling units per acre, a maximum impervious surface ratio of 0.75 and a maximum land area of five acres.

(d)

Setback requirements The following minimum setbacks shall be required except, as otherwise provided in article IX:

(1)

Front: 25 feet.

(2)

Side: 20 feet.

(3)

Rear: 20 feet.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-681.- Purpose.

The R/OS district is specifically designated to provide for public and private open space and recreational facilities in order to provide relief from the urban environment; to provide adequate, active and passive recreational areas; and to adequately provide for the need of the population. Development within this designated area is limited to provide for a variety of active and passive park and recreational uses. This district shall include those areas indicated on the future land use plan map and/or zoning atlas maps as R/OS.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-682. - Permitted uses.

Any portion of a building, structure, or lot or other real property located within the R/OS zoning district shall be used for one or a combination of the following uses:

(1)

Public parks.

(2)

Public recreational facilities.

(3)

Public beach or water access.

(4)

Public open space

(5)

Open space, nonprofit or private, such as landscaped entryways.

(6)

Golf courses and related accessory facilities such as pools, tennis courts and clubhouse.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-683. - Special exceptions.

No special exceptions are permitted within the R/OS district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-684. - Conditional uses.

Pursuant to the provisions of article IV, the following uses may be permitted:

(1)

Electric substations.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Sec. 70-685. - Property development standards.

(a)

Maximum height. No structure in a R/OS district shall exceed 35 feet. Except, as otherwise provided in article IX.

(b)

Maximum building area. The maximum area of the lot or parcel that may be covered by structure shall not exceed 50 percent.

(c)

Other development standards.

(1)

The floor area ratio shall not exceed 0.25.

(2)

All structures shall be set back 25 feet from all property boundaries.

(3)

The impervious surface ratio shall not exceed 0.60.

(4)

Illumination. Outdoor lighting thereon shall be designed and situated so as to maximize containment of the emitted illumination on a subject parcel.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)