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St Pete Beach City Zoning Code

DIVISION 18

R/OS RECREATION/OPEN SPACE DISTRICT

Sec. 18.1.- Purpose and intent.

The R/OS Recreation/Open Space District is intended for those areas designated within the R/OS Recreation/Open Space land use category on the future land use maps. The R/OS Recreation/Open Space District primarily serves the park areas; however, this district is also applied to certain street-ends throughout the City of St. Pete Beach.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.2. - Prohibition of development on the beaches.

Under no circumstances shall any development other than dune walkovers be permitted on the public-owned beaches.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.3. - Permitted principal uses and structures within the parks.

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, permitted uses and structures in the R/OS Recreation/Open Space District are as follows.

(a)

Recreational—Public parks and/or recreational facilities.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.4. - Permitted accessory uses and structures within the parks.

(a)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures, do not involve the conduct of a business, and are not of a nature prohibited under section 18.5.

(b)

Temporary structures and operations in connection with, and on the site of, building or land preparation developments, including grading, paving, installation of utilities, construction, erection of field offices, and structures for equipment storage and building materials, provided a certificate of occupancy shall have been issued therefor.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.5. - Allowable conditional uses within the parks.

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, allowable conditional uses in the R/OS Recreation/Open Space District are as follows:

(a)

Commercial docks—Class C only.

(b)

Parking lots—Public-owned only.

(c)

Utility substations and/or rights-of-way.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.6. - Prohibited uses and structures within the parks.

All uses and structures not of a nature specifically or provisionally permitted herein are hereby prohibited in the R/OS Recreation/Open Space District.

Any use which the appropriate board of authority, upon appeal, and after investigating similar uses elsewhere, shall determine to be potentially noxious, dangerous or offensive to residents of the district or to those who pass by on public roadways, by reason of odor, smoke, noise, glare, fumes, gas, fire, explosion or emission of particulate matter or likely for other reasons to be incompatible with the character of the district, is hereby prohibited in the R/OS Recreation/Open Space District.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.7. - Maximum floor area ratio within the parks.

Maximum floor area ratio (FAR) for any use: 0.25.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.8. - Maximum impervious surface ratio within the parks.

Maximum impervious surface ratio (ISR) for any use: 0.60.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.9. - ROS/SE -1 Recreation Open Space/Street-end-1 District.

Within the city, there are street-ends that terminate at the Gulf of Mexico beach and are used by the public and abutting owners for pedestrian access to the waterfront, motor vehicle access to abutting properties or parking. Within the recreation and open space element of the St. Pete Beach 2010 Comprehensive Plan these street-ends are designated as beach accesses for the public; however, these street-ends were not dedicated as parks in the subdivision plats in which they were set aside for public use. These street-ends or portions thereof currently serve, and will continue to serve the public and abutting owners as pedestrian access to the beach and vehicular access to the abutting properties. The recreational facilities maps within the recreation and open space element of the comprehensive plan is general and does not show the exact areas set aside as beach access, and it is the purpose of this division to set forth the city's policy for the use of the street-ends designated ROS/SE-1.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.10. - Street-ends designated ROS/SE-1.

The following street-ends have been designated ROS/SE-1 Recreation Open Space/Street-end 1:

26th Avenue west from Sunset Way to the beach;

27th Avenue west from the western-most alley in Block D, North Pass-a-Grille, Section A, to the beach;

28th Avenue west from the western-most alley in Block D, North Pass-a-Grille, Section A, to the beach;

29th Avenue west from Sunset Way to the beach;

30th Avenue west from Sunset Way to the beach;

36th Avenue west from El Centro to the beach;

37th Avenue west from El Centro to the beach.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.11. - Policy for street-ends designated ROS/SE-1.

(a)

Street-ends designated ROS/SE-1 shall be used for public access to the beach, for vehicular access to the abutting properties, and any other use deemed appropriate by the city which is not incompatible with the public's access to the beach.

(b)

If a street-end designated ROS/SE-1 is unimproved or landscaped and does not currently provide vehicular access to an abutting property, the city may, upon the request of an abutting owner, approve a plan that provides for minimum street-end paving and encroachment into the unimproved or landscaped open space in order to allow access to the abutting property, provided:

(1)

No designated street-end or part thereof shall be used or improved in any way that would be incompatible with its use for public beach access; and

(2)

Vehicular access to the abutting property will be approved in accordance with the illustration contained herein.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.12. - ROS/SE-2 Recreation Open Space/Street-end-2 District.

Within the city, there are street-ends, as defined in Division 2, that terminate at Boca Ciega Bay on the east side of the city or at Blind Pass Channel on the west side of the city and are used by the public and abutting owners for vehicle access or parking. Within the recreation and open space element of the St. Pete Beach 2010 Comprehensive Plan these street-ends are designated as municipal parks or scenic parks; however, these street-ends were not dedicated as parks in the subdivision plats in which they were set aside for public use. These street-ends or portions thereof currently serve, and will continue to serve the public and abutting owners as vehicular access to abutting properties and as a place to enjoy the scenery provided by the water views.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.13. - Street-ends designated ROS/SE-2.

The following street-ends have been designated ROS/SE-2 Recreation Open Space/Street-end 2:

14th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

15th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

16th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

17th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

18th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

22nd Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

27th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

28th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

29th Avenue east from Pass-a-Grille Way to the Intracoastal Waterway;

76th Avenue west 100 feet;

77th Avenue west 56 feet;

78th Avenue east from Boca Ciega Drive to the Intracoastal Waterway;

79th Avenue east from Coquina Way to Blind Pass Channel;

Coquina Way east 15 feet to Blind Pass Channel;

83rd Avenue east from Boca Ciega Drive to the Intracoastal Waterway.

(Ord. No. 03-7, § 3, 5-1-03; Ord. No. 2020-11, § 2, 8-11-20)

Sec. 18.14. - Policy for street-ends designated ROS/SE-2.

(a)

Street-ends designated ROS/SE-2 shall be used and available for the public to enjoy the scenic water views provided by the Bay or Blind Pass, and such use may include, but not be limited to, public parking, where it is made available by the city.

(b)

The street-ends shall also be available for use by the abutting property for access, and for any other use deemed appropriate by the city which is not incompatible with the objective of providing this open space for scenic water view.

(c)

If a street-end designated ROS/SE-2 is unimproved or landscaped and does not currently provide vehicular access to an abutting property, the city may, upon the request of an abutting owner, approve a plan that provides for minimum street-end paving and encroachment into the unimproved or landscaped open space in order to allow access to the abutting property, provided:

(1)

No designated street-end or part thereof shall be used or improved in any way that would be incompatible with its use for public enjoyment of the scenic water views; and

(2)

The vehicular access to the abutting property will be approved in accordance with the illustration contained herein.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.15. - ROS/SE-3 Recreation Open Space/Street-end-3 District.

Within the city, there are street-ends, as defined in Division 2, that terminate at the Gulf of Mexico beach, Boca Ciega Bay or Blind Pass Channel and where it is desirable that the street-end be used only for recreation open space and not for vehicular access or parking. However, these street-ends were not dedicated as parks in the subdivision plats in which they were set aside for public use. Because these street-ends are not required to serve abutting owners who have adequate vehicular access to their property from other public rights-of-way, the abutting owners may convey their title interest in the underlying street-end to the city and waive any right to vehicular access from the street-end. As consideration for the conveyance of the fee title to the underlying street-end, the city will modify specific land use requirements for the development of the abutting property under the terms of this division. The modified land use requirements specified herein, are intended to motivate property owners who abut such street-ends to convey the fee title interest in the underlying street-end to the city enabling the city to increase the recreation open space available to the public.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.16. - Criteria for designating street-ends ROS/SE-3 in the future.

Street-ends or partial street-ends that qualify for ROS/SE-3 designation shall meet the following criteria:

(a)

The abutting property owner has agreed to waive any right to vehicular access over the street-end and conveyed the fee title to the underlying street-end to the city and offered the appropriate documentation to effect such conveyance; and

(b)

The city has agreed on the deed restrictions in the deed of conveyance.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.17. - Street-ends designated ROS/SE-3.

The following street-ends have been designated ROS/SE-3 Recreation Open Space/Street-end 3:

23rd Avenue west from Sunset Way to the beach.

80th Avenue east from Boca Ciega Drive to the Intracoastal Waterway.

(Ord. No. 03-7, § 3, 5-1-03; Ord. No. 2020-11, § 2, 8-11-20)

Sec. 18.18. - Use of street-ends designated ROS/SE-3.

(a)

Street-ends or partial street-ends designated ROS/SE-3 that terminate at the Gulf of Mexico shall be used for public beach access.

(b)

Street-ends or partial street-ends designated ROS/SE-3 that terminate at Boca Ciega Bay or at Blind Pass Channel shall be used and available for the public to enjoy the scenic water views, and such use may include, but not be limited to, public parking, where it is made available by the city, benches, tables, or a shelter canopy.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 18.19. - Regulations pertaining to properties abutting street-ends designated ROS/SE-3.

At the time the street-end abutting owner conveys the fee title to the underlying street-end, the city manager shall issue a certificate of compliance which shall be recorded in the property file on the property. The development rights granted hereunder shall run with the land.

Except as otherwise provided in this section, residential development or use of properties abutting street-ends designated ROS/SE-3 shall comply with the district requirements applicable to the property. Special regulations specific to such properties are as follows:

(a)

The maximum land coverage by structure, as stated in the district regulations, shall not be applicable; however, the development shall provide a minimum of 30 percent of the lot area as green space. Such green space shall be in addition to any part of the lot or property west of the St. Pete Beach Coastal Construction Line.

(b)

The minimum side yard setback from the property line abutting an ROS/SE-3 street-end that terminates at the Gulf of Mexico beach shall be two feet.

(c)

The minimum side yard setback from the property line abutting an ROS/SE-3 street-end that terminates at Boca Ciega Bay or Blind Pass Channel shall be two feet.

(d)

One bay window not to exceed 20 feet in width shall be allowed to project up to two feet into the side yard setback adjacent to the ROS/SE-3 street-end, but in no case shall such window project over the property line. Such bay window shall not be permitted to extend below the required finished floor elevation of the structure.

(e)

Fences up to six feet in height shall be permitted along the entire property line adjacent to the ROS/SE-3 district except within the front yard.

(Ord. No. 03-7, § 3, 5-1-03)