The B/HC Boutique Hotel/Condo District is established to accommodate multi-family residential and medium intensity transient accommodation uses. This district is not intended to support commercial or other non-residential uses, except those that are accessory and subordinate to transient accommodation uses.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Subject to the provisions or restrictions contained in this section and elsewhere in this code, permitted uses and structures in the B/HC Boutique Hotel/Condo District are as follows.

(a)

Residential uses—multifamily only.

(b)

Transient accommodations—hotel, motel and resort condominium.

(c)

Non-residential uses that are accessory and subordinate to transient accommodation uses, such as recreational facilities, restaurants and bars, personal service uses, retail uses, meeting spaces/conference rooms, fitness centers, and spa facilities. New outdoor dining and/or drinking areas associated with accessory restaurants and bars shall be permitted to provide for outdoor music, provided that the area meets all of the yard requirements for the property and the property does not abut a single- or two-family residential development or a residential development outside of the Community Redevelopment District, in which case any new outdoor dining and/or drinking area shall require a conditional use permit subject to Division 4 of this Code. Any new or expanded roof dining or drinking area shall also require a conditional use permit subject to Division 4 of this Code.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11; Ord. No. 2020-24, § 2, 12-1-20)

(a)

Uses and structures, as regulated in sections 6.12 and 6.13, which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures and are not of a nature prohibited under section 46.5.

(b)

Home occupations, subject to the conditions set forth in section 6.5 of this Code.

(c)

Electric vehicle charging stations.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

(a)

Eating and drinking establishments—Full-service restaurant, limited service restaurant, take-out only restaurant, bar/lounge, outdoor dining and/or drinking areas that may provide for outdoor music except as otherwise permitted under Section 46.2(c), roof dining and/or drinking areas, subject to section 6.24 of this Code as may be applicable;

(b)

Off-premise parking lot;

(c)

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, additional temporary lodging units may be allocated from a density pool via a conditional use as follows:

In addition to any transient accommodation units which may be allowed on a per acre basis, there are hereby 125 total transient accommodation units for the entire Boutique Hotel/Condo district, which shall be allocated to individual projects by ordinance of the city commission upon request of an individual property owner on a case-by-case basis, with evaluation of the request through criteria specified in this Code. Such allocation shall not exceed an additional twenty (20) units per acre, nor a total of 60 units per redevelopment project, irrespective of total project acreage.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11; Ord. No. 2015-03, § 10, 5-26-15; Ord. No. 2020-14, § 2, 9-28-20; Ord. No. 2020-24, § 2, 12-1-20)

All uses and structures not of a nature specifically or provisionally permitted herein are hereby prohibited in the B/HC Boutique Hotel/Condo District.

Any use which has been determined under the provisions of Chapter 46 of the Code of Ordinances to be potentially noxious, dangerous or offensive to residents of the district or to those who pass by on public roadways or likely for other reasons to be incompatible with the character of the district, is hereby prohibited in the B/HC Boutique Hotel/Condo District.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Density and intensity shall be calculated on the basis of those portions of the site which are landward of the Florida Coastal Construction Control Line and shall be permitted as follows:

(a)

Residential uses shall not exceed 18 units per acre, except as may be provided for in section 39.18 of this Code.

(b)

Transient accommodation uses shall not exceed 50 units per acre, except as provided for in section 46.4.

(c)

The aggregate floor area of transient accommodation units in projects in this district shall not exceed the total allowable unit density multiplied by 750 square feet per unit, excluding indoor amenities, common areas, and structured parking. Indoor amenities and common areas shall not exceed an additional 0.2 floor area ratio combined. Common areas shall not include hallways, stairwells, elevator shafts, manager's office, restrooms, storage or mechanical areas, but shall include a lobby, reception/concierge areas, conference rooms, and common office (i.e. computer/business centers with computers, fax machines, copiers, etc) for guest use.

Example: Unit density = 50/acre; Aggregate floor area = 50 units × 750 square feet = 38,500 square feet of unit floor area plus 0.2 × total parcel area square feet for common areas and indoor amenities = total building square footage, excluding structured parking.

Actual unit count, configuration and average size shall be at the discretion of the developer, in accordance with the above specified limitation.

(d)

For the purposes of this division, lockout units shall count against specified density limitations. A lockout unit shall be defined as a room or rooms with sanitary facilities, with or without cooking facilities, which is attached and has access to a transient accommodation unit by means of a door or doors that are lockable from within the lockout unit, and that has a separate lockable access to the public areas or corridors. A lockout unit is capable of being functionally separated for the transient accommodation unit to which it is attached and rented as a separate room.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11; Ord. No. 2017-07, § 2, 6-13-17; Ord. No. 2020-14, § 2, 9-28-20)

The maximum height shall be regulated by front setback as follows:

(a)

Seventy-six (76) feet for any building that exclusively contains only temporary lodging uses with a minimum setback of one hundred (100) feet from Gulf Boulevard; or

(b)

Sixty-five (65) feet for any building that exclusively contains only temporary lodging uses with a minimum setback of seventy-five (75) feet from Gulf Boulevard; or

(c)

Fifty (50) feet above base flood elevation, for any buildings containing multi-family residential dwelling units, or any temporary lodging facility that does not comply with the minimum setbacks required for additional height established in sections 46.7.(a) and 46.7.(b) above, subject to a minimum setback of fifty (50) feet from Gulf Boulevard; or

(d)

Fifty (50) feet for temporary lodging with or without accessory uses as described in section 46.3-and residential uses are required to have a minimum front setback of twenty (20) feet.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11; Ord. No. 2017-07, § 2, 6-13-17)

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11; Ord. No. 2017-07, § 2, 6-13-17)

Maximum impervious surface ratio for any exclusive transient accommodation uses:

Maximum impervious surface ratio for any residential use or combined residential and transient accommodation use: 0.70

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Shall be in accordance with the requirements of Division 23 of the Land Development Code, Off Street Parking and Loading.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Shall be in accordance with the requirements of Division 22 of the Land Development Code, Landscaping and Tree Protection.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Design standards shall be in accordance with Division 39.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)

Shall be in accordance with Division 26.

(Ord. No. 2010-21, § 1(Exh. A), 11-22-11)