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St Pete Beach City Zoning Code

DIVISION 24

SUBDIVISIONS

Sec. 24.1.- Purpose and intent.

The purpose and intent of this division is to ensure the orderly development and subdivision of real estate in order to provide for economical and sufficient streets with adequate widths and with proper alignment and grades designed to promote the public safety, health and general welfare, to provide for suitable residential neighborhoods with adequate streets and utilities and appropriate building sites, to save unnecessary expenditure of public funds by initial proper construction of streets and utilities, and to provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.2. - Replatting to increase density prohibited.

Existing recorded platted lots in the RU-1, RU-2, RLM-1, RLM-2 and RM districts shall not be recombined and/or re-subdivided for the purpose of increasing development density. Zoning lots within these districts consisting of two or more platted lots may be restored to the original number of lots with the approval of the city; provided such restoration shall not reduce the zoning lot area required to support the existing development on the property and that all of the resulting lots meet the minimum lot area and width required in the district.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.3. - Approval of the city commission required.

No real property within the city shall be divided and offered for sale until a plat thereof is approved by the city commission; provided, however, that the procedures and standards set forth in this division shall not apply to the exceptions enumerated in section 24.4 nor shall any plat be recorded without first having obtained city commission approval of the final plat. No building permits shall be issued for structures located in a lot created subsequent to the date of adoption of this division unless such lot creation has been approved by the city and is recorded in the public records of Pinellas County.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.4. - Exemptions.

Exemptions from the requirements of section 24.3 are:

(a)

The public acquisition of strips of land for the widening of existing streets or other public use.

(b)

With the city manager's approval, the combination or recombination of portions of previously platted lots in accordance with section 24.2 where no new parcels or residual parcels result in lots of less area, width or depth than the original lots of record.

(c)

With the city manager's approval, the transference of part of one lot or tract to an adjacent lot or tract provided such transference does not reduce any lot or tract to an area or width less than the minimums specified in this chapter and further provided:.

(1)

That no structural nonconformities will be created by the transference; and

(2)

That no transference between nonconforming lots shall be allowed unless the transference will result in bringing both lots into conformity with the district regulations.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.5. - Procedure for securing approval of a subdivision.

Subdivision approval shall be governed by the following procedures:

(a)

Preliminary plat approval. A sub-divider or property owner shall submit a preliminary plat of the proposed subdivision, prepared in accordance with the requirements of the administrative regulations for preliminary plats to the city manager for consideration by the appropriate board of authority and the city commission. Before acting to grant preliminary approval or to reject the proposed subdivision, the appropriate board of authority shall receive reports from the city manager certifying compliance with, or noting deviations from, the requirements of this division and commenting on any other items which bear upon the public interest in the proposed subdivision.

(1)

After preliminary approval has been granted by the appropriate board of authority, the plat shall be forwarded to the city commission for approval.

(2)

No improvements shall be made in the subdivision until the preliminary plat has been approved by the city commission and detailed plans for such improvements have been approved by the city.

(3)

The final plat of the subdivision shall be prepared and submitted for final approval within one year from the date of the preliminary approval.

(b)

Final plat approval by the city commission. The owner or sub-divider shall submit the final plat prepared in accordance with the approved preliminary plat, if applicable, and the requirements of the administrative regulations for final plats to the city manager. After being reviewed for compliance with the preliminary approval and the administrative requirements, the city manager shall transmit the plat to the city commission for approval.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.6. - Installation of improvements and utilities.

All subdivisions shall have storm drains installed, streets graded, paved or surfaced, curbs and gutters, sanitary sewage collection and disposal facilities, potable water lines or mains, and reclaimed water lines or mains, all to be installed by the owner or sub-divider in accordance with the applicable standard specifications of the city.

(a)

Such construction or installation shall be subject to inspection and approval by the city.

(b)

Fire hydrants, street paving, sanitary sewage collection and disposal facilities, water lines and mains (potable and reclaimed water), or any other improvements and utilities to be constructed or installed upon or within proposed public rights-of-way, and all storm drains, regardless of location, shall be subject to the prior approval of the city.

(c)

The cost of any or all such construction or installations or furnishing of improvements and utilities shall be borne by and paid for by the owner or sub-divider when such improvements and utilities are installed.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.7. - Alternative methods of guaranteeing improvements.

Where the improvements and utilities, as required, have not been completed prior to the submission of the plat for final approval, the approval of the plat shall be subject to one of the following alternatives if required by the city:

(a)

The owner or sub-divider filing with the city a performance or surety bond in an amount to be determined by the city with sureties satisfactory to the city guaranteeing the grading and paving of the streets and the construction and installation of curbs and gutters, storm drains, sewer collection and sewage disposal facilities, sidewalks, water lines or mains and fire hydrants within such reasonable time as may be specified by the city.

(b)

The deposit with the city or the placing in escrow of cash or a certified check in an amount to be determined by the city to cover the cost of the improvements and utilities. The city may release portions of this security deposit as work progresses.

(c)

The owner or sub-divider entering into an agreement with the city guaranteeing the completion of the required work, such agreement to be binding on the grantees, assigns, successors, heirs and personal representatives of the owner or sub-divider and upon subsequent purchasers of the property involved or of any interest therein and to be recorded at the option of the city. Such agreement shall permit progressive development of the subdivision by sections, and shall provide that satisfactory security be furnished the city guaranteeing the completion of the necessary improvements and installation of utilities before each section of the subdivision is developed.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.8. - General requirements and minimum design standards.

(a)

General requirements. Whenever a proposed subdivision involves the construction of new connections to existing public streets, or other modifications to existing public streets, such construction, connections, and/or modifications shall be subject to the design criteria and permitting requirements of the government entity having jurisdiction over the public street.

(b)

Street names. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names, irrespective of the suffix street, avenue, boulevard, drive, place or court.

(c)

Minimum street widths. The minimum width of proposed streets measured from lot line to lot line shall be 30 feet, with a minimum of 24 feet of pavement width including curbs and gutters.

(d)

Corner radii. There shall be a minimum radius at the property line of 20 feet at all intersections, provided that a greater radius at the intersection of any public street may be required by the approving authority having jurisdiction over the public street.

(e)

Dead end streets. Where streets are designed to have one end permanently closed as in a cul-de-sac, they shall terminate in a circular area having a minimum property line radius of 50 feet, and a minimum outside curb radius of 40 feet unless otherwise approved by the city commission.

(f)

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

(1)

Every lot or parcel of land shall abut a street.

(2)

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

(3)

Every lot shall have the minimum width required by the applicable zoning district, except that every corner lot shall have the minimum width plus five feet, but in no case shall the frontage upon a public street be reduced below the district requirement.

(4)

Every lot shall have the minimum lot area required by the applicable zoning district.

(g)

Utility easements. To provide for public service poles, conduits, storm drains, and surface swales, sewer or gas mains easements as required by the appropriate utility shall be provided. No building or other obstruction shall be erected and no trees or shrubbery shall be planted on any easement other than fences and hedges of a type approved by the city, and such fences and hedges shall be cleared away or trimmed by the property owner whenever necessary in the opinion of the city or the utility having facilities in the easement.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.9. - Development and subdivision of single-family attached dwellings.

Except in the RU-1, RU-2, RLM-1 and RLM-2 districts where single-family attached dwellings are not permitted, the design and the platting of developments containing single-family attached dwellings shall meet the following requirements:

(a)

The overall density of the development shall not exceed the maximum permitted in the applicable district regulations.

(b)

Notwithstanding the provisions of section 24.8(f), the minimum width of an individual unit within a single-family attached development shall be 16 feet, and when subdivided into separate lots, the maximum lot coverage for an individual lot shall be 70 percent.

(c)

No fewer than three nor more than ten attached dwellings shall be located within a building group, and no interconnection or overlapping between individual dwelling units shall be permitted.

(d)

No part of any portion of any building group shall be nearer than 10 feet to any part of any portion of any other building group nor nearer to any property lot line of the overall zoning lot than is required by the district regulations.

(e)

Developments of single-family attached dwellings, in addition to complying with all applicable provisions of this division, shall comply with one of the following methods of land transfer and ownership:

(1)

The subdivision of the whole tract into individual parcels in accordance with this division, together with the platting of the property for record in accordance with the Florida Law and other applicable ordinances of the city;

(2)

Providing for the development of the entire tract in accordance with this division, retaining, however, title to all of the lands in the name of a condominium corporation and providing for all other usual condominium documents and procedures;

(3)

Providing for the development of the entire tract in accordance with this division, retaining, however, title to all of the lands in single ownership by recording a duly executed unity of title in the Pinellas County property records, thereby stipulating that such tract shall not be eligible for further subdivision.

(f)

In the event a property that has been subdivided in accordance with this subsection is proposed to be redeveloped in a different form than a single-family attached development, the subdivision plat shall be replatted prior to the issuance of any development permit.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.10. - Variances.

Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations in this article would cause an unnecessary hardship, a variance may be granted in accordance with section 3.13 of this Code.

(Ord. No. 03-7, § 3, 5-1-03)

Sec. 24.11. - Preliminary and final plats; content and form.

Preliminary and final plats shall be prepared in accordance with the administrative guidelines applicable to subdivisions.

(Ord. No. 03-7, § 3, 5-1-03)