In addition to the conventional zoning districts established by the zoning code, the following limited mixed use district is hereby created:

Residential - Large scale district (RLS). This district shall only apply in conjunction with these conditions:

(1)

The minimum amount of contiguous property to be zoned RLS is 200 acres;

(2)

The property to be regulated as RLS shall be under common ownership when the initial master plan is submitted and shall be developed in accordance with a unified plan;

(3)

A mixture of varying single-family lot sizes is proposed;

(4)

No more than 20 percent of the gross acreage shall be developed with duplex or medium density multifamily residential units;

(5)

No more than ten percent of the gross acreage shall be developed with institutional uses; and

(6)

A conceptual master plan must accompany the application for the RLS zoning.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

(a)

The RLS district is intended to provide a process for the evaluation of large, individually planned residential developments which target a variety of demographics including first time homebuyers, move-up homebuyers, transitioning empty-nesters, and, to a limited extent, renters, by providing two or more residential products of varying sizes. A limited number of compatibly located duplexes, townhomes, garden apartments or similar low to medium density housing options may also be offered, but are not required, in the RLS district and, if offered, must be buffered.

(b)

In addition to residential uses a limited amount of residential serving institutional uses, such as elementary schools and parks, may be allowed in the RLS district if buffered. The RLS district is to be a voluntary process commenced by an applicant. The standards and procedures of this district are intended to promote flexibility of development layout and permit planned diversification and integration of uses and structures, while at the same time retaining in the city council the authority to establish such limitations and regulations as it deems necessary to protect the public health, safety and general welfare. In so doing, the RLS district is designed to:

(1)

Promote more efficient land use by encouraging clustering;

(2)

Encourage a more compatible and harmonious development of contiguous lands;

(3)

Promote home ownership opportunities for all residents of the community;

(4)

Provide flexibility to meet changing needs, technologies, economics, and consumer preferences;

(5)

If practical, preserve and utilize existing desirable natural landscape features and amenities;

(6)

Provide for more usable and suitably located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under conventional land development procedures;

(7)

Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical shared facilities;

(8)

Accomplish more desirable living and working environments than would be possible through the strict application of minimum requirements of the city's other zoning and subdivision regulations;

(9)

Permit the combining and coordinating of architectural styles, building forms, and building relationships within the district;

(10)

Provide an environment of stable character compatible with surrounding developments; and

(11)

Implement specific limitations and requirements different than those included in other zoning districts, based on the unique characteristics of the individual site, where necessary to the public health, safety or welfare, or for the protection or preservation of lands either internal or external to the district.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

The application of the RLS requires an initial master plan or overall preliminary subdivision plat which shall be subjected to city council approval to ensure the overall proposed development's compatibility, integration and functionality. Said approval may be obtained prior to or simultaneously with approval of the RLS overlay district.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

(a)

Initial master plans and preliminary plat and related plans, shall be submitted in accordance with the following provisions. Final master plans or engineering construction drawings and final plats are subject to the criteria in the city codes and those developments for which plat approval is otherwise required by applicable ordinances and laws, such as detached single-family subdivisions and townhouse lots, which are regulated by the subdivision code. The development may be submitted in phases for final master plans or plats, but the initial master plan/preliminary plat must be submitted in its entirety. Initial master plan approval shall be provided by city council.

(b)

Initial master plan submittals shall provide:

(1)

Draft documents that demonstrate that all land proposed for inclusion in the RLS district is under the legal control of the applicant, whether the applicant is an individual, partnership, corporation, limited liability company or other legal entity or consists of a group of individuals, partnerships, corporations, limited liability companies or other legal entities.

(2)

The applicant shall agree to:

a.

Proceed with the proposed development according to the provisions of this section and such conditions as may be attached during the preliminary subdivision plan for single-family or conceptual site plan for the multifamily component, if any;

b.

Provide such agreements, contracts, deed restrictions, and sureties for completion as may be reasonably required to ensure completion of the development and maintenance of those common areas and facilities that are not to be owned, provided, operated or maintained at public expense; and

c.

Bind their successors in title to any and all commitments made under subsections (b)(2)a. and b.

(3)

All such agreements and evidence of unified control shall be examined by the city attorney and no RLS shall be approved without determination by the city attorney that such agreements and evidence of unified control meet the requirements of this district.

(4)

In order to provide appropriate separation between principal structures inside the RLS district and pre-existing homes outside of the RLS district, the city council may, during the platting process, require that lots which would abut residentially zoned property outside of the RLS district have a rear yard setback which is greater than the rear yard setback otherwise provided in this division; provided however, in no instance shall the rear yard setback be increased to a distance which would preclude construction of a typical principal residence on the proposed lots within the RLS district. Proposed lots with rear lot lines abutting ponds, canals, conservation or other open areas which are at least 25 feet wide, whether inside or outside the RLS district, shall not be considered as abutting residentially zoned property outside the RLS district.

(5)

The initial master plan or preliminary subdivision plan shall reflect all necessary stormwater management, paved streets, access points, as well as points of potential future interconnection with adjoining properties under other ownership, as appropriate.

(6)

Where existing streets or traffic control devices are affected by the development, the developer shall provide the necessary changes or additions in accordance with City Code requirements.

(7)

Unless determined by the city engineer to be impractical, for example due to crossing a canal or similar impediment, the developer shall place all utility lines underground including, but not necessarily limited to, all telephone lines and electrical service lines. High voltage distribution lines may be placed underground or on concrete poles, provided the poles are within street right-of-way and have provisions for street lighting. Large transformers shall be placed on the ground and be contained in pad mounts, enclosures or vaults. Where enclosures or vaults are used, the construction shall be compatible with the primary building design. Landscaping with shrubs and plants shall be provided to screen the pad mount transformers.

(8)

Common open space shall be a required component of the overall development. Open space shall include active and passive recreation areas such as urban plazas, playgrounds, golf courses, waterways, nature trails and other similar open spaces, and shall not include retention areas (unless improved with park amenities, such as fountains, benches and walkways). Additionally, the developer may be given open space credit for privately owned water bodies.

(9)

Internal compatibility and design:

a.

RLS projects shall provide for a cohesive system of pathways;

b.

Architecture should be compatible and complementary; and

c.

Open space shall provide for quality recreational amenities.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

(a)

The principal uses and structures in the RLS are single-family dwellings.

(b)

In addition to single-family dwellings, up to a maximum of 20 percent of the gross acreage provided within an RLS overlay district may be duplexes, townhomes, garden apartments and similar low to medium density residential dwelling units.

(c)

In addition to residential uses, up to a maximum of ten percent of the gross acreage in an RLS overlay district may be utilized for the following institutional purposes subject to the requirements set forth in the P-1 institutional district, of this chapter:

(1)

Public elementary, junior, middle, high, and charter schools and learning centers;

(2)

Public and semipublic buildings and activities such as public safety buildings;

(3)

Libraries;

(4)

Recreation uses including, but not limited to, public open spaces, parks, playgrounds, golf courses, driving ranges, clubs and lodges;

(5)

Any other public or semipublic use which is in keeping with the principal uses of the overlay district and which does not create conflicts or undue hardships on surrounding areas. This does not include emergency feeding establishments or commercial child care centers.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

The accessory uses and structures permitted in the RLS district are as follows:

(1)

Noncommercial nurseries and greenhouses;

(2)

Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district;

(3)

Home occupations subject to division 4 of article V of this chapter;

(4)

For those parts of the district approved for institutional uses under the conceptual master plan or overall preliminary plat, if any:

a.

Recreation buildings, stadiums, gymnasiums and student centers related to public or charter schools;

b.

Parking structures and parking areas; and

c.

Any other accessory use of one or more of the principal institutional uses clearly incidental and subordinate to such use and in keeping with the overall character of the overlay district.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

The conditional uses in the RLS district are as follows:

(1)

Public parks and recreational buildings;

(2)

Golf courses; and

(3)

For those parts of the district approved for institutional uses under the conceptual master plan or overall preliminary plat, if any: Private schools, subject to the following:

a.

All structures, buildings, playgrounds and outdoor recreational areas shall be set back a minimum of 50 feet from any abutting residential zoning district or residential use.

b.

Required to have collector or arterial road frontage, unless city council approves initial master plan access from a lower roadway classification which is within one-half mile from a collector or higher roadway.

c.

Parking shall be buffered.

d.

General design criteria.

1.

Exterior lighting shall be consistent with City Code requirements.

2.

Design must take into account the school's projected impact on traffic circulation and overall campus appearance.

e.

Landscaping. Shall meet or exceed the requirements of chapter 71.

f.

Access/circulation/parking.

1.

Entrance to the site should maximize safety and efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

2.

Such facility shall provide a student drop off area adjacent to the facility and shall provide sidewalks and crosswalks as needed for pedestrian ingress and egress from parking areas.

3.

All student drop off/pick-up areas and their associated stacking areas shall be required to be totally on-site.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

The prohibited uses and structures in the RLS district are all uses not specifically or provisionally permitted in this division.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

The lot and structure requirements in the RLS district for permitted detached single-family residential uses are as follows:

(1)

For areas with at least 85-foot wide lots:

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 85 feet.

c.

Minimum lot depth: 100 feet.

d.

Maximum building coverage: 40 percent.

e.

Minimum living area: 1,500 square feet.

f.

Maximum height: 35 feet.

g.

Minimum yard requirements (A/C units shall be permitted in either the side or rear yard):

1.

Front: 25 feet (20 feet if home has a side loaded garage).

2.

Side, interior: 7.5 feet.

3.

Side, corner: 20 feet.

4.

Rear: 25 feet.

(2)

For areas with at least 75-foot wide lots:

a.

Minimum lot area: 7,500 square feet.

b.

Minimum lot width: 75 feet.

c.

Minimum lot depth: 100 feet.

d.

Maximum building coverage: 40 percent.

e.

Minimum living area: 1200 square feet.

f.

Maximum height: 35 feet.

g.

Minimum yard requirements (A/C units shall be permitted in either the side or rear yard):

1.

Front: 25 feet (20 feet if home has a side loaded garage).

2.

Side, interior: 7½ feet.

3.

Side, corner: 20 feet.

4.

Rear: 20 feet.

(3)

Fifty-foot wide lots shall not exceed more than 70 percent of the total single-family detached residential lots in an RLS district. No single-family detached lot smaller than 50 feet in width shall be permitted within an RLS district. For 50-foot wide lots, the requirements are:

a.

Minimum lot area: 5,500 square feet.

b.

Minimum lot width: 50 feet.

c.

Minimum lot depth: 110 feet.

d.

Maximum building coverage: 50 percent.

e.

Minimum living area: 1,000 square feet.

f.

Maximum height: 35 feet.

g.

Minimum yard requirements (A/C units shall be permitted in either the side or rear yard):

1.

Front: 20 feet.

2.

Side, interior: Five feet.

3.

Side, corner: 20 feet.

4.

Rear: 25 feet along the perimeter of the development; or 20 feet for all other lots.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

(a)

The lot and structure requirements in the RLS district for permitted multifamily residential or single-family attached (townhouse) uses are as follows:

(1)

Minimum lot area:

a.

For two-family structures: 7,500 square feet.

b.

For multiple-family structures: 8,000 square feet.

c.

For townhouse structures: 2,400 square feet.

(2)

Minimum lot width:

a.

For two-family structures: 75 feet.

b.

For multiple-family structures: 80 feet.

c.

For townhouse structures: 22 feet or 18 feet if the additional criteria listed in section 98-283 are met.

(3)

Minimum lot depth: 100 feet.

(4)

Maximum building coverage: townhouses, 50 percent, all other, 45 percent.

(5)

Minimum living or floor area:

a.

For two-family structures: 750 square feet per dwelling unit.

b.

For multiple-family structures:

1.

Efficiency apartment: 450 square feet.

2.

One-bedroom apartment: 550 square feet.

3.

Two-bedroom apartment: 650 square feet.

4.

Three bedroom apartment: 800 square feet.

5.

More than three-bedroom apartment: 800 square feet, plus 100 square feet for additional bedroom.

6.

For townhouses: 900 square feet.

(6)

Maximum height: 40 feet.

(7)

Minimum yard requirements (A/C units shall be permitted in either the side or rear yard):

a.

For one- and two-family structures:

1.

Front: 20 feet.

2.

Side, interior: 7½ feet.

3.

Side, corner: 20 feet.

4.

Rear: 25 feet along the perimeter of the development; 20 feet when abutting an alley; or 20 feet for lots 6,000 square feet or less, internal to the development with demonstration that the permitted impervious lot coverage for the subdivision's stormwater system is not exceeded.

b.

For multiple-family structures:

1.

Front: 20 feet.

2.

Side, interior: 15 feet.

3.

Side, corner: 25 feet.

4.

Rear: 25 feet along the perimeter of the development; 20 feet when abutting an alley; or 20 feet for tracts that are internal to the development with demonstration that the permitted impervious lot coverage for the subdivision's stormwater system is not exceeded.

c.

For townhouse structures:

1.

Front: 20 feet.

2.

Side, interior: 0 feet.

3.

Side, corner: 20 feet; or if the property is adjacent to an undeveloped common area tract or dedicated easement that is at least 15 feet in width, the side corner setback is 0 feet.

4.

Rear: 20 feet.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

Site plans for construction of multifamily uses within the RLS district shall be submitted to and approved by the city in accordance with article X of chapter 66, except for those developments for which plat approval is otherwise required by applicable ordinances and laws, such as townhouses, which shall conform to the subdivision code.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

Site plans for construction of institutional uses within the RLS district shall be submitted to and approved by the city in accordance with sections 98-647 through 98-649, as applicable.

(Ord. No. 2014-07, § 1(Exh. A), 2-4-2014)

For any commercial use or group of commercial uses for which three or more acres is intended to be developed simultaneously according to a carefully drawn plan, the board of adjustment may permit such development as a conditional use to the appropriate zoning district in which such development is planned. This is intended to encourage the timely and logical development of commercial facilities and for the expansion of existing commercial facilities which would be constructed as a unit, to discourage development of commercial parcels of size where uncoordinated development would likely result in less efficient use of the land and of service to the community and its residents, and to ensure suitable design and other criteria which would protect both the commercial environment and surrounding properties. Variances to lot and building regulations to permit more flexible design and utilization of space may be permitted. In order to qualify for such conditional uses, the conditions of this division must be met.

(Ord. No. 45, art. VII, § 1, 8-4-1970; Ord. No. 2009-15, § 43, 1-20-2009)

Note— Ord. No. 2009-15, § 43, adopted Jan. 20, 2009, renamed former section 98-891, permitted as special exception, as set out herein.

The site proposed for a planned commercial development shall be in one ownership, or, if in several ownerships, the request for conditional use shall be filed by all owners of the properties included in the plan.

(Ord. No. 45, art. VII, § 1(a), 8-4-1970; Ord. No. 2009-15, § 44, 1-20-2009)

All other portions of the respective zoning district regulations and all other applicable sections of this chapter, except those portions specifically permitted for variance, shall be adhered to in the planned commercial development.

(Ord. No. 45, art. VII, § 1(b), 8-4-1970)

The site proposed for the planned commercial development shall have a minimum width of 200 feet along a major street frontage.

(Ord. No. 45, art. VII, § 1(c), 8-4-1970)

In a planned commercial development, locations for access onto and off the site shall be confined to rights-of-way on which no residentially zoned property abuts. The minimum distance between such locations shall be at least 150 feet, and the minimum distance between any one location and an intersection of two or more street rights-of-way shall be 100 feet.

(Ord. No. 45, art. VII, § 1(d), 8-4-1970)

(a)

For a planned commercial development, concurrent with the request for a conditional use as provided in this division, a site plan shall be submitted on which structures shall be located in relation to the following:

(1)

Each other and to major entrances into and off the site;

(2)

Internal circulation ways;

(3)

Parking and service areas; and

(4)

Landscaped areas.

(b)

The site plan and supporting data shall show the following:

(1)

Proposed standards for development, including restrictions of the use of property;

(2)

Exceptions or variations to the requirements of this chapter requested, if any;

(3)

Plans for the provision of utilities, including water, sewer and drainage facilities;

(4)

Plans for protection of abutting properties; and

(5)

Such other plans, tabulations and other data that the board of adjustment may require.

(Ord. No. 45, art. VII, § 1(e), 8-4-1970; Ord. No. 2009-15, § 45, 1-20-2009)

(a)

For a planned commercial development, a statement defining the manner in which the city is to be assured that all improvements and protective devices are to be installed and maintained shall accompany the request for conditional use. The board of adjustment may require the posting of a performance bond not to exceed 115 percent of the cost of providing the following:

(1)

The public improvements necessary to ensure proper ingress and egress for the site.

(2)

The public facilities customarily required for stormwater, sanitary sewer, potable water, reuse and streets.

(b)

One hundred ten percent shall be for bonding the improvements. The remaining five percent shall be for the city administration fee and shall be retained by the city at the completion of the construction. The five percent administration fee may be lowered or waived by the city council for those cases where city staff administration time is minimized by the type of bonding chosen by the developer.

(c)

Subsequent to the compliance of the conditions, the customary procedure for granting of a conditional use by the board of adjustment and for obtaining a building permit shall take effect.

(Ord. No. 45, art. VII, § 1(f), 8-4-1970; Ord. No. 98-1, § 14, 10-21-1998; Ord. No. 2009-15, § 46, 1-20-2009)

For any industrial use or group of industrial uses for which five or more acres is intended to be developed simultaneously according to a carefully drawn plan, the board of adjustment may permit such development as a conditional use to the appropriate zoning district in which such development is planned. This is intended to encourage better organization and controlled development for land reserved primarily for industrial uses, to create a compatible environment for a variety of industrial activities, to protect the integrity of surrounding residential and commercial uses, to allow and encourage proper placement and design for those commercial and residential uses which augment the principal uses, and to discourage commercial and residential encroachment upon areas which should be reserved for industrial activities. Variances to lot and building regulations to permit more flexible design and utilization of space may be permitted, and any industrial use which meets the standards established in "performance standards" may be permitted. In order to qualify for such conditional uses, the conditions of this division must be met.

(Ord. No. 45, art. VII, § 2, 8-4-1970; Ord. No. 2009-15, § 47, 1-20-2009)

Note— Ord. No. 2009-15, § 43, adopted Jan. 20, 2009, renamed former § 98-891, permitted as special exception, as set out herein.

The site proposed for a planned industrial development shall be in one ownership, or, if in several ownerships, the request for conditional use shall be filed by all owners of the properties included in the plan.

(Ord. No. 45, art. VII, § 2(a), 8-4-1970; Ord. No. 2009-15, § 48, 1-20-2009)

For a planned industrial development, all other portions of the respective zoning district regulations and all other applicable sections of this chapter, except those portions specifically permitted for variance, shall be adhered to.

(Ord. No. 45, art. VII, § 2(b), 8-4-1970)

The site proposed for a planned industrial development shall have a minimum width of 300 feet along a major street frontage.

(Ord. No. 45, art. VII, § 2(c), 8-4-1970)

For a planned industrial development, locations for access onto and off the site shall be confined to rights-of-way which no residentially zoning property abuts. The minimum distance between such locations shall be at least 200 feet, and the minimum distance between any one location and an intersection of two or more street rights-of-way shall be 100 feet.

(Ord. No. 45, art. VII, § 2(d), 8-4-1970)

(a)

Concurrent with the request for a planned industrial development as provided in this division, a site plan shall be submitted on which structures shall be located in relation to the following:

(1)

Each other and to major entrances into and off the site;

(2)

Internal circulation ways;

(3)

Parking and service areas; and

(4)

Landscaped areas.

(b)

The site plan and supporting data shall also show proposed standards for development, including restrictions of the use of property; exceptions or variations to the requirements of this chapter requested, if any; plans for the provision of utilities, including water, sewer and drainage facilities; plans for protection of abutting properties; and such other plans, tabulations and other data that the board of adjustment may require.

(Ord. No. 45, art. VII, § 2(e), 8-4-1970)

(a)

For a planned industrial development, a statement defining the manner in which the city is to be assured that all improvements and protective devices are to be installed and maintained shall accompany the request for conditional use. The board of adjustment may require the posting of a performance bond not to exceed 115 percent of the cost of providing the following:

(1)

The public improvements necessary to ensure proper ingress and egress for the site.

(2)

The public facilities customarily required for stormwater, sanitary sewer, potable water, reuse and streets.

(b)

One hundred ten percent shall be for bonding the improvements. The remaining five percent shall be for the city administration fee and shall be retained by the city at the completion of the construction. The five-percent administration fee may be lowered or waived by the city council for those cases where city staff administration time is minimized by the type of bonding chosen by the developer.

(c)

Subsequent to the compliance of the conditions, the customary procedure for granting of a conditional use by the board of adjustment and for obtaining a building permit shall take effect.

(Ord. No. 45, art. VII, § 2(f), 8-4-1970; Ord. No. 2009-15, § 49, 1-20-2009)

In addition to the conventional zoning districts established by the zoning code, the following overlay district is hereby created:

Interchange commercial area overlay district.

This district shall only apply in conjunction with the underlying zoning districts listed in section 98-951 and to the area described in section 98-950.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2013-22, § 1(Exh. A), 6-4-2013)

(a)

The purpose of this overlay area district is to establish interchange commercial areas within the city limits of the City of West Melbourne to provide opportunity for new development and major renovation which is aesthetically pleasing, sensitive to existing development, fiscally beneficial to the city, and characterized in part by ease of access to the regional highway system.

(b)

The intent is to provide additional regulations and allowances above the land development regulations contained in other sections to a compact area in proximity to the interchange area(s).

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 2, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

For purposes of this section, the term "interchange commercial area" shall be defined as a one-mile radius (5,280 feet) from the intersections of Interstate 95/US 192, and Interstate 95/Palm Bay Road.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 3, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

(a)

C-P: Commercial parkway district (division 8).

(b)

C-1: Low density commercial district (division 10).

(c)

C-2: General commercial district (division 11).

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 5, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

All uses by right and uses by conditional use shall be identical to those uses so permitted in the underlying districts, including drive-through restaurants.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 6, 12-16-2008; Ord. No. 2009-15, § 50, 1-20-2009; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

All uses prohibited in the underlying districts are also prohibited in the overlay districts and the following uses and structures are also prohibited in the interchange commercial area overlay district:

(1)

Truck stops.

(2)

Body shops.

(3)

Fireworks retail sales.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 7, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

In evaluation and consideration of an application for the interchange commercial overlay district, the city shall consider the following design criteria:

Architecture: Architectural renderings shall be submitted along with site plans to assist in identifying a unified architectural theme throughout the site. Exterior building facades, roof materials and signage shall use similar building materials and display a consistent use of these elements in the overall design. The architectural design shall incorporate all the following design features ((1)—(9)) that break up the expanses of wall and roof areas and distinguish an entrance area:

(1)

Windows: At least two intersecting wall planes shall contain windows at ground level, of which at least one shall be visible from the street entrance.

(2)

Roofline accessories: Cornice molding, parapets, fake dormers and similar features.

(3)

Building massing relief features: Columns, facade engravings/etchings, recessing and protruding wall planes, overhangs, lighting or other similar features.

(4)

Prominent entrance features: Large entry doors, recessed or protruding wall planes, columns, porches, overhangs or other similar features.

(5)

Special pavement treatment at the entrance: Bricks, stones, etched or painted surfaces or other contrasting natural looking materials.

(6)

Signs: Consistent size, height and not neon lit or louvered. Section 98-956 contains additional criteria.

(7)

Residential buffer: Retail development shall be at least 30 feet away from any adjacent residential community.

(8)

Off-loading buffer: For those properties adjacent to residential properties, loading and unloading and refuse and collection areas shall be located to provide the most minimal impact to the adjacent residential community.

(9)

Amenities: Open space shall provide for quality recreational amenities including fountains, passive recreational amenities such as benches, picnic tables, trails and lighting.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 8, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

(a)

Lot size requirements in the interchange commercial area overlay district shall be identical to the underlying district.

(b)

Structure requirements in the interchange commercial area overly district are as follows:

(1)

Maximum building coverage: 25 percent.

(2)

Maximum height: 45 feet, unless additional building setbacks are met as listed in subsections (b)(4) and (5) below.

(3)

Minimum yard requirements for buildings up to 45 feet:

(4)

One-mile radius of Palm Bay Road and I-95 interchange: Minimum yard requirements for buildings up to 65 feet:

a.

Front: 50 feet, plus three feet additional for every five feet or portion thereof of building height over 40 feet.

b.

Side, interior: 25 feet, plus three feet additional for every five feet or portion thereof of building height over 40 feet.

c.

Side, corner: 40 feet, plus three feet additional for every five feet or portion thereof of building height over 40 feet.

d.

Rear: 25 feet; plus three feet additional for every five feet or portion thereof of building height over 40 feet.

(5)

One-half-mile radius of New Haven Avenue and I-95 interchange: Minimum yard requirements for buildings up to 65 feet (buildings exceeding 45 feet next to single-family residential shall have a 300-foot setback from the adjoining property line):

a.

Front: 50 feet, plus five feet additional for every five feet or portion thereof of building height over 40 feet.

b.

Side, interior: 25 feet, plus five feet additional for every five feet or portion thereof of building height over 40 feet.

c.

Side, corner: 40 feet, plus five feet additional for every five feet or portion thereof of building height over 40 feet.

d.

Rear: 25 feet; plus five feet additional for every five feet or portion thereof of building height over 40 feet.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 9, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013; Ord. No. 2016-20, § 1, 11-22-2016)

(a)

Adjacent to an interchange. The interchange commercial overlay districts allows one, 60-foot tall interstate sign with 400 square feet of sign face on each side. The intent of this sign is to display business information to motorists along Interstate 95. Signs shall be placed in close proximity to the Interstate and shall be kept away from adjacent properties and other rights-of-way. This sign shall be permitted for each parcel that meets the following criteria:

(1)

Lot size: At least one acre.

(2)

Road frontage: Contains 200 feet of Interstate 95 road frontage.

(3)

Setbacks: The setbacks shall be measured from the base of the sign structure or from the nearest edge of the sign, whichever is closest to the property line. Dimensional requirements are as follows:

a.

Maximum of 50 feet and minimum of 7½ feet from Interstate 95 right-of-way line.

b.

Minimum of 50 feet from any other public or private right-of-way line.

c.

Minimum of ten feet from any other property line.

d.

Billboard and sign separation: At least 500 feet of separation distance from the proposed sign to an existing billboard to prevent billboard viewshed issues described by the Florida Department of Transportation (shown on a plat or boundary survey, or other reasonable satisfactory evidence).

(b)

Within one-half mile of an interchange. The interchange commercial overlay district allows one, 45-foot tall sign with 250 square feet of sign face on each side for properties that are not eligible for the sign height and area described in subsection (a) above, and that meet the following criteria:

(1)

Lot size: At least one acre.

(2)

Property location: Within one-half mile (2,640 feet) of an interstate interchange.

(3)

Road frontage: Frontage of 100 feet along a local road or higher classification of roadway.

(4)

Setbacks: A minimum of 20 feet from any public or private right-of-way lines and a minimum of ten feet from any other property line. The setbacks shall be measured from the base of the sign structure or from the nearest edge of the sign, whichever is closest to the property line.

(5)

Sign separation distance: At least 110 feet from the proposed interchange sign to another sign on an adjacent property.

(6)

Billboard and sign separation: At least 500 feet of separation distance from the proposed sign to an existing billboard to prevent billboard viewshed issues described by the Florida Department of Transportation (show distance on a plat or boundary survey or other reasonable satisfactory evidence).

(c)

If an interchange commercial overlay district sign is selected, the applicant shall also be allowed one additional detached sign in accordance with the sign code, subsection 72-14(e) "detached signs" or subsection 72-14(i) "scenic corridor", sign criteria.

(d)

Landscaping requirements for interchange commercial overlay district signs shall be as set forth in this section for detached signs.

(e)

All other requirements set forth in this chapter shall apply, including design, structural requirements and maintenance.

(f)

If an applicant in the half-mile radius of the interchange desires a 60-foot tall sign, all the other requirements listed in subsection (3) apply, however, the sign size can be 400 square feet. The applicant shall submit a sign site plan and line of sight drawing depicting the evidence of obstacles by existing trees, buildings and the built environment to request a sign beyond 45 feet in height. Review of the request shall be approved by the planning director. No 60-foot tall sign shall have more than two faces for its message to be visible to motorists on the highway.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 10, 12-16-2008; Ord. No. 2010-19, § 2, 9-7-2010; Ord. No. 2013-22, § 1(exh. A), 6-4-2013; Ord. No. 2013-30, § 2, 12-3-2013)

(a)

All buildings shall have a perimeter planting strip adjacent to the building, clear of all doors and accessways, five feet wide. This area shall be planted with shrubs three feet on center, grass and/or groundcover.

(b)

Variations to this requirement may be approved by the city, providing that the original intent and purpose of this section is met along at least two intersecting wall planes, and there are unusual circumstances provided to the city.

(c)

At a minimum, an equal area shall be set aside within the development for any building perimeter landscape reduction.

(d)

General landscaping shall comply with all other sections of the landscape code.

(e)

Visual buffering refers to a visual barrier provided for the purpose of separating a parking stall from the view of neighboring residential uses. A visual buffer shall be an architecturally compatible solid masonry wall, an earth berm or shrubbery hedge planted three feet on center or any combination thereof, provided that it creates a continuous visual barrier 60 inches high, within six months from installation. This shrubbery shall not be credited to required landscaping under chapter 71, "perimeter landscaping". Vehicular visual access shall be consistent with the provisions in chapter 71 of the landscape code. A commercial/residential screen:

(1)

Refers to a visual barrier designed to separate land uses and to remove service bays, outside storage and handling areas, and trash receptacles from public view.

(2)

Shall be a continuous hedge, or a solid wood or masonry wall fence. An earth berm may be used in concert to achieve a portion of the required height.

(3)

Shall be a minimum of six feet in height. In the case of a hedge it must reach the required height and provide a continuous 100 percent opaque screen within six months from installation.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 11, 12-16-2008; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)

(a)

Parking spaces within the interchange commercial area overlay district shall be located closest to retail facilities and shall be designed with the dimensional criteria listed in chapter 71.

(b)

Bicycle parking racks shall be provided at a ratio of one bicycle space per 2,500 square feet (gross floor area) of retail space and one bicycle space per 500 square feet (gross floor area) of restaurant space.

(Ord. No. 2007-31, § 7, 9-4-2007; Ord. No. 2009-09, § 12, 12-16-2008; Ord. No. 2009-23, § 4, 4-7-2009; Ord. No. 2013-22, § 1(exh. A), 6-4-2013)