HomeMy WebLinkAboutOrdinance - City Council - Regular - 3841 - 10/1/2018ORDINANCE NO. 3841
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS,
FLORIDA, AMENDING THE CITY CODE, SUB-PART B, LAND
DEVELOPMENT CODE, AMENDING CHAPTER 118 LAND USE
REGULATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS,
FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers, Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations, is hereby amended in its
entirety and attached hereto as Exhibit A to this ordinance.
SECTION 2. Severability. Should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the remainder hereof as a whole or part thereof other than that part declared to be
invalid.
SECTION 3. Effective Date. This ordinance shall become effective
immediately upon adoption.
ORDINANCE NO. 3841
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, on October 12'8.
AuL \-VW¥t--~Vdc6 wflJ ~
J¼t
~ Terolyn P . Watson
Teresa Watkins Brown
Fred Burson
APPROVED on October 1, 2018.
Mayor
Randall P. Henderson, Jr:
EXHIBIT A
Chapter 118 -LAND USE REGULATIONS
ARTICLE 1. -GENERAL PROVISIONS
118.1.1 -Purpose.
The city is divided into zoning districts established in this article of the Land Development Code with
the intent:
A. To provide for the geographic distribution of land uses as contemplated by the goals, objectives,
and policies in the comprehensive plan;
B. To maintain stability in land use commhments through the provision of harmonious groupings of
uses possessing compatible characteristics and levels of activity;
C. To maintain commitments in public service facilities, such as transportation systems, parks, and
utilities; and
D. To provide an efficient and compatible relationship of land uses and zoning districts.
118.1.2 -Districts Established.
Zoning districts in the City are hereby established as follows:
A. Base districts.
NEW DISTRICT NAMES PREVIOUS : l~TRICT NAM:____j
------.-----.-1 I ~~~~~~~-Residential
I
RS
RS-6
-7T -
Single-Family Duplex Residential Single-Family -Duplex A-lD ~ _J
Residential
RS-E Residential Single-Family -Estate AAA I Single-Family Estate
r
RS-5 Residential Single-Family -5 AA Single-Family
I
Residential Single-Family - 6
Residential Single-Family-7
A Single-Family j
A-1 Single-Family _J
RM-12 Residential Multifamily -12 A-2 Medium Density Multifamily I I
RM-16 Residential Multifamily -16 A-3 r High Density Multifamily
Commercial
I
I
Commercial
I
3
----
------------
PO Professional Office PO Professional Office
,-
CG Commercial General B-1 General Commercial
Cl Commercial Intensive 8-2 Intensive Commercial
.--
Industrial Industrial
I
IL Industrial Light 1-1 Light Industrial I
IH Industrial Heavy 1-2 Heavy Industrial I
Open Space Open Space I
CON Conservation Lands CON Conservation Lands I
REC Recreation REC Recreation 1-
B. Overlay districts.
Winkler Avenue _ -:_ I . -.-1---------4 -CA Cleveland Avenue
,--MLK Martin Luther King, Jr. r
Emergency Management Communications
--,-----------
-EM
-AH
-CO
--·-
-ESL
-PW
--~----
------------
_J
r-
Airport Hazard ___J
r-
Correctional Facilities
-r-
Environmentally Sensitive Lands _J I
r-
Potable Wellfields J I
4
-------
C. Planned districts.
PUD Planned Unit Development -I
,--
MU Mixed Use I
MOP Master Development Plan
I
D. Special development areas.
Sun City (Pelican Preserve}
Forum
E . Downtown redevelopment area.
U-GEN Urban General
U-CTR Urban Center
I .-----
Urban Core U-CORE
District DIST
Civic CIVIC _J -----1 CIV-REC Civic-Recreation
F. Neighborhood redevelopment district.
NR-1 Neighborhood Redevelopment District
118.1.3 -Official Zoning Map.
A. The Official Zoning Map shall be amended in accordance with 98.3.9, Land Development Code
and Official Zoning Map Amendments. The designation, location, and boundaries of the zoning
districts established by this Article are as shown and depicted on the Official Zoning Map
adopted in the Comprehensive Plan and which are incorporated by reference as part of this
Land Development Code.
I
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B. A working copy of the Official Zoning Map shall be maintained by the Community Development
Department. This map shall be current and reflect the latest changes duly authorized by the
Council and supportive data for these changes shall be readily available in the Community
Development Department's files and in the City Clerk's Office.
C. No changes of any nature shall be made on this working copy, except those changes as
authorized by ordinance, and such changes shall be made by authorized persons only.
118.1.4 -Interpretation of Map Boundaries.
The Community Development Director (Director} is authorized to interpret district boundaries as shown on
the Official Zoning Map. Where uncertainty exists the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys
shall be construed to follow such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following
such lot lines.
C. Boundaries indicated as approximately following city limits shall be construed as following city
limits.
D. Boundaries indicated as following railroad lines shall be construed to be midway between the
main tracks.
E. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and
in the event of a change in the shoreline, shall be construed as moving with the actual
shoreline.
F. Boundaries indicated as parallel to or extensions of features indicated in paragraphs A and E
above shall be so construed. Distances not specifically indicated on the Official Zoning Map
shall be determined by the scale of the map.
G. Where the street or property layout existing on the ground is at variance with that shown on the
Official Zoning Map, or in other circumstances not covered by paragraphs A and F above, the
Board of Adjustment shall interpret the district boundaries.
118.1.5 -Application of District Regulations.
A. General restrictions. No building, structure, or land shall be used or occupied, and no building
or structure or part of a building or structure shall be erected, constructed, reconstructed, moved
or structurally altered except in conformity with the regulations for the district in which such
building, structure or land is located.
B. Open spaces for each building or use. No part of any yard, parking space, loading space, or
other open space required about or in connection with any building , structure or use for the
purpose of complying with this chapter shall be included as a part of such open spaces that may
be similarly required for any other building, structure or use.
C. Reduction of lot or open spaces. No lot, in existence at the time of the zoning code, adoption
September 11, 1967, shall be reduced in area, width, or depth to less than that required by this
chapter; nor shall any lot be reduced in any manner that would result in the reduction of any
yard, parking space, loading space or other open space or spaces to less than that required by
this Land Development Code.
D. Principal buildings (RS-districts only). Every building erected, constructed, reconstructed or
structurally altered shall be located on a lot, and in no case shall there be more than one
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principal building and its customary accessory buildings on any one lot, except as specifically
provided for in this code, or as permitted in other than RS-districts.
118.1.6 -Measurements and Exceptions.
A. Density. The number of residential dwelling units permitted per gross acre of land.
1 . For multifamily density calculation purposes only:
a. A studio unit with 750 square feet or less or a one-bedroom unit with 750 square feet
or less is equivalent to 0.5 dwelling unit;
b. A two-bedroom unit with 1,200 square feet or less is equivalent to 0. 75 dwelling unit;
c. All other unit types are considered equivalent to one dwelling unit.
d. An applicant may request alternative multifamily unit density equivalencies on a case
by-case basis (i.e. a two-bedroom unit larger than 1,200 square feet is equivalent to a
fraction of one dwelling unit). The applicant must conclusively demonstrate that
wastewater flows will be less than average of 75 gal/capita/day, or household size will
be less than average of 2.5 persons per household. Alternative multifamily unit density
equivalencies may be approved upon finding by the City staff that: (1) the requested
equivalency is justified based on sound engineering analysis, and (2) the potential
impact to City services is adequately addressed. If an alternative equivalency is
approved, it will be enforced through monitoring of the actual flows following
construction. If the flow levels exceed the levels that were provided as justification, the
City is authorized to impose utility fee surcharges for the overages.
2. For group living density calculation purposes, assisted care facilities shall be restricted to
the same multifamily density regulations applicable within the district in which they are
allowed. For the purposes of determining conformance with the densities requirements and
all other district requirements, every 1.93 occupants of an assisted care facility shall be
deemed to equal one dwelling unit. To calculate future occupants and subsequent density
when number of bed spaces is used as opposed to number of units, 1.0 bed space shall
equal 1.0 occupant. The number of occupants divided by the household size (1.93) shall
equal the number of units.
3. As defined in chapter 142, article 2 a guest house, cottage, or garage apartment accessory
to a principal dwelling unit is not subject to calculations.
4. Hotels and hospitals are not subject to density calculations.
B. Site. A continuous quantity of land to be developed as a single project.
C. Area. Site area is measured in gross acres and is the total land area of a proposed
development. A site may include multiple lots.
D. Open space.
1. The minimum open space required in a development under common ownership or unified
control, or within a subdivision, shall be property under public or common private
ownership. Such open space may be held privately. All open space shall be unoccupied or
predominately unoccupied by buildings or other impervious surfaces. Unoccupied or
predominately unoccupied by buildings or other impervious surfaces shall mean that not
more than five percent of the area of any required open space shall be occupied by such
surfaces.
2. Required open space in RS-and RM-districts shall be measured exclusive of any
individual lots, except in the RS-E District.
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3. Open space may be used for parks, recreation, agriculture, conservation, preservation of
native habitat and other natural resources, stormwater management, historic or scenic
purposes . When used for recreation, the following shall apply:
a. Recreational activities in conservation or preservation open space areas shall
maintain the areas in their natural state with little or no land disturbance. Structures
are limited to improvements such as boardwalks, permeable pathways and signage
necessary for resource management.
b. Recreational activities in all other open space areas may include, but are not limited
to, structures or other active, player-oriented facilities such as playgrounds, ball fields,
golf courses, club houses, tennis courts and associated accessory facilities such as
parking areas and restrooms, subject to the limits on occupation of open space in
Section a. above.
c. Any property within 20 feet of any structure (except any accessory structures within
the designated open space) or having a dimension of less than 15 square feet,
regardless of ownership, shall not be considered open space in meeting the
requirements of this Land Development Code.
E. Lot. A parcel of land occupied or capable of being occupied or designed to be occupied by one
or more principal buildings or uses, for the district in which located, and the accessory buildings
or uses customarily incidental to it, including such open spaces as required.
1 . Area.
a. Lot area is measured in gross square feet and is the area included in a single,
undivided piece of land.
b. Minimum lot areas shall be exclusive of existing or proposed public right-of-way.
2. Width. The horizontal distance between the side lot lines measured at the front setback
line.
3. Depth. The distance measured from midpoint of the front lot line to the midpoint of the rear
lot line.
F. Yard setbacks.
1. Applicability.
a. No part of a yard or other open space required by the provisions of this Land
Development Code shall be included as a part of any yard or other open space
similarly required for another structure or use.
b. Unless specifically set forth in section 118.3.4, Accessory Uses and Structures, the
district setback requirements apply to principal and accessory structures.
2. Types of yards.
a. There are five types of yards -front, side (street), side (interior), rear, and waterfront
yard.
b. Double frontage lots shall be considered to have two front yards.
8
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REAt i Y••o YARD i
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: SIDE YARD B l ! (l,.,u,oa) Srun) J !
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: J RONT ; I FRONT ! I ll'ARO I L ___________ ~••o ··-··-··-·.J ---·--·--------1--------------·
STREET STREET
3. Measurement of yards.
a. All front yard and side yard (street) setbacks shall be measured from the edge of the
right-of-way.
b. Depth of a required front yard shall be measured at right angles to a straight line
joining the foremost points of the side lot lines. The foremost point of the side lot lines,
in the case of rounded property corners at street intersections, shall be assumed to be
the point at which the side and front lot lines would have met without such rounding.
c. Width of a required side yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its
inner edge parallel with the side lot line.
d. Depth of a required rear yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its
inner edge parallel with the rear lot line.
a. The front setback shall be as stated in this Land Development Code. All setbacks
shall be based on the future right-of-way line established in the Comprehensive Plan,
or as identified on the Metropolitan Planning Organization's Long Range
Transportation Plan , 2030 Adopted Highway Element. All lots shall have the minimum
lot width as prescribed by this Land Development Code and shall be located on an
improved dedicated street right-of-way.
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4 . Setbacks.
FRONT YARD M£ASURED
FROM THE Pou,n ... T
WHICH SIOE ANO I FRONT LOT LINES
--~ WOULD MEET
9
b. Attached residential garages shall have a minimum front setback of 25 feet where the
doors face the right-of-way.
c. On corner lots, the secondary front yard, or yard not accessed by a driveway or
vehicular accessway, shall be not less than 25 percent of the lot width; however, when
the lot is less than 50 feet, the minimum side yard shall be a minimum of 12½ feet.
When the lot width is greater than 80 feet, the secondary front yard shall be a
minimum of 20 feet.
5. Encroachments. Every part of a required yard shall be open from its lowest point to the sky
unobstructed, except for the encroachments listed below. See also section 118.3.4, Accessory
Uses and Structures, and section 118.3.5, Temporary Uses and Structures.
a. Fences as noted in section 118.3.8, flag poles, sidewalks, and driveways.
b. Projection of sills, belt courses, cornices, buttresses, ornamental features, bay windows
where allowed by the building code, chimneys, flues and eaves; however, no such
projection shall exceed 30 inches into a minimum yard area.
c. Parking structures may extend into the rear yard of a lot, where there is access through an
alley. Such structures shall be located either within three feet or less from the rear property
line, or at least 20 feet from the rear property line.
d. Security gates and guard stations may be located within any required yard.
e. Covered porches may encroach a maximum of eight feet into a required street yard
setback or 20 percent of the required street yard setback depth, whichever is less.
f. Mechanical equipment for residential uses, such as HVAC units, generators and security
lighting, may extend into any required side yard but shall remain at least three feet from the
property line.
g. Driveways may extend into any required yard, if acceptable to the engineering division .
h. Utility lines located underground and minor structures accessory to utility lines (such as
hydrants, manholes, and transformers and other cabinet structures) may encroach into any
required yard.
i. Sport courts, trampolines, swingsets and other similar equipment shall be located to the
rear of the front building line, and outside of any required side yard setbacks.
G. Bulk.
1. Height.
a. Applicability. Unless specifically set forth in section 118.3.4, Accessory Uses and
Structures, the base district height requirements apply to principal and accessory
structures.
b. Determination. Height shall be determined by the vertical distance measured from
the mean finished grade to the highest point of the roof surface of a flat or Bermuda
roof, the mean height between the facia and highest point of a mansard roof and to
the mean height level between eaves and ridge of gable, hip and gambrel roofs.
Where minimum floor elevations in flood hazard areas have been established by law,
height shall be measured from such required minimum floor elevations.
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TOP OF RIDGE
HIGHEST POINT TOP OF RIDGE ,'TOP Of ROOF
/TOP OF ROOF ,'TOP OF ROOF
J
tz:,: <"' ::ew :z:
1 i
w-
FINISHED GRADE OR FINISHED GRADE OR FINISHED GRADE OR
MINIMUM FLOOD MINIMUM FLOOD MINIMUM FLOOD
ELEVATION ELEVATION ELEVATION
FLAT OR MANSARD GABLED
BERMUDA ROOF
c. Exemptions. The height limits of this Land Development Code shall not apply to
church spires, belfries, monuments, transmission towers, telecommunications towers,
water towers, flagpoles, chimneys, cooling towers, fire towers and other structures not
intended for human occupancy, and subject to approval by the director. These
exceptions shall not apply in an airport flight zone .
d. Bulk plane. Any new building that abuts an existing RS-district shall be subject to a
bulk plane starting at 35 feet in height at the side or rear setback line, and extending
upward one additional foot for every additional foot into the site from the setback line.
NONRESIDENTIAL, SINGLE-FAMILY,
SETBACK PROPERTY MULTIFAMILY Two-FAMILY
LINE LINE
2. Building coverage. The maximum area of the lot that is permitted to be covered by
buildings, including both principal structures and accessory buildings . Building coverage
does not include paved areas such as driveways, uncovered porches or patios, decks,
swimming pools or pool cages.
3. Living area. Living area shall include all areas within the enclosing walls of a building
except garages, outside utility rooms, carports, cabanas, porches, patios and unroofed or
unenclosed areas.
4 . Building separation. The required separation between any two buildings located on the
same lot or site . Where this land development code allows a building separation of less
than ten feet, additional fire code requirements may apply.
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ARTICLE 2. -BASE DISTRICTS
118.2.1 -Residential Districts .
A. Intent statements.
1. Residential single-family districts.
a. Estate (RS-E). This district is intended to accommodate low density single-family
dwellings and other selected uses that are compatible with the open residential
character of the area. Single-family detached structures are appropriate in this district.
The maximum density permitted is 1.5 dwelling units per acre and minimum lot size is
32,000 square feet. See Tables 118.2 .1.A. and G. for additional dimensional
requirements .
Permitted Uses
1) Park, Recreation field, Beaches.
2) Residential, Single-family detached .
3) Water management structures, wells, reservoirs.
Conditional Uses
4) Commercial Wireless Telecommunication Facility (See 118.3.10).
5) Community or neighborhood arts center (public).
6) Golf course, Tennis, Country club, Clubhouse.
7) Museum, Library.
8) Police, Fire, EMS substation.
9) Religious Institutions (See 118.3.3 .B.2).
10) School public/private (K-12).
b. Single-family (RS-5). This district is intended to accommodate single-family
residential development and protect existing neighborhoods from incompatible uses.
The maximum density permitted is five dwelling units per acre and minimum lot size
for residential uses is 8,000 square feet and 10,000 square feet for all other uses. See
Tables 118.2.1.A, B and G for additional dimensional requirements.
Permitted uses
1) Park, recreation field, beaches.
2) Residential, single-family detached .
3) Residential, zero lot line.
4) Water management structures, wells, reservoirs .
Conditional uses
5) Commercial wireless telecommunication facility (See 118.3.10).
6) Convenience store without gas pumps.
7) Golf course, tennis, country club, clubhouse.
8) Museum, library, community center (public).
9) Police, fire, EMS substation.
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10) Religious institutions (See 118.3.3.B.2).
11) School public/private (K-12).
c. Single-family RS-6. This district is intended to accommodate single-family residential
development and protect existing neighborhoods from incompatible uses. The
maximum density permitted is six dwelling units per acre. See Table 118.2.1.A, B, C
and G for additional dimensional requirements.
Permitted uses
1) Park, recreation field, beaches .
2) Residential, single-family attached.
3) Residential, single-family detached.
4) Residential, zero lot line.
5) Water management structures, wells, reservoirs.
Conditional uses
6) Commercial wireless telecommunication facility (See 118.3.10).
7) Convenience store without gas pumps.
8) Golf course, tennis, country club, clubhouse.
9) Museum, library, community center (public).
10) Police, fire, EMS substation.
11) Religious institutions (See 118.3.3.B.2).
12) School, public or private (K-12).
d. Single-family RS-7. This district is intended to accommodate single-family residential
development and protect existing neighborhoods from incompatible uses. The
maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B,
C and G for additional dimensional requirements.
Permitted uses
1) Park, recreation field, beaches.
2) Residential, single-family attached.
3) Residential, single-family detached.
4) Residential, zero lot line.
5) Water management structures, wells, reservoirs.
Conditional uses
6) Commercial wireless telecommunication facility (See 118.3.10).
7) Convenience store without gas pumps.
8) Day care center (adult or child), preschool.
9) Golf course, tennis, country club, clubhouse.
1 0) Museum, library, community center (public).
11) Police, fire, EMS substation.
12) Religious institutions (See 118.3.3.B.2).
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13) School, public or private {K-12).
e. Duplex districts (RS-D). This district is intended to accommodate single-family and
two-family residential development and protect existing neighborhoods from
incompatible uses. The maximum density permitted is seven dwelling units per acre.
See Tables 118.2.1.A, B, C, D, E and G for additional dimensional requirements.
Permitted uses
1) Park, recreation field, beaches.
2) Residential, single-family attached.
3) Residential, single-family detached.
4) Residential, townhouse (See 118.3.3.A.1 ).
5) Residential, two-family (See 118.3.3.A.2).
6) Residential, zero lot line.
7) Water management structures, wells, reservoirs.
Conditional uses
8) Commercial wireless telecommunication facility {See 118.3.10).
9) Convenience store without gas pumps.
10) Day care center (adult or child), preschool.
11) Golf course, tennis, country club, clubhouse.
12) Museum, library, community center (public).
13) Police, fire, EMS substation.
14) Religious institutions (See 118.3.3.B.2).
15) School, public or private (K-12).
2. Residential multifamily districts.
a. Residential multifamily (RM-12). This district is intended to accommodate low
density multifamily residential development. The maximum density permitted is 12
dwelling units per acre. See Tables 118.2.1.A-G for additional dimensional
requirements.
Permitted uses
1) Assisted living facility, nursing home, life care facilities.
2) Bed and breakfast.
3) Day care center {adult or child), preschool.
4) Park, recreation field, beaches.
5) Residential, multifamily (See 118.3.3.A.3).
6) Residential, single-family attached.
7) Residential, single-family detached.
8) Residential, townhouse {See 118.3.3.A.1 ).
9) Residential, two-family {See 118.3.3.A.2).
10) Residential, zero lot line.
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11) Student dormitory, fraternity, sorority.
12) Water management structures, wells, reservoirs.
Conditional uses
13) Art studio, gallery (See 118.3.3.C.2).
14) Boarding facility, youth hostel.
15) Commercial wireless telecommunication facility (See 118.3.10).
16) Convenience store without gas pumps.
17) Golf course, tennis, country club, clubhouse.
18) Museum, library, community center (public).
19) Police, fire, EMS substation.
20) Religious institutions (See 118.3.3.B.2).
21) School, public or private (K-12).
b. Residential multifamily (RM-16). This district is intended to accommodate medium
density multifamily residential development. The maximum density permitted is 16
dwelling units per acre. See Tables 118.2.1.A-G for additional dimensional
requirements.
Permitted uses
1) Assisted living facility; nursing home; life care facilities.
2) Bed and breakfast.
3) Day care center (adult or child), Preschool.
4) Park; recreation field, beaches.
5) Residential, multifamily (See 118.3.3.A.3).
6) Residential, single-family attached.
7) Residential, single-family detached.
8) Residential, townhouse (See 118.3.3.A.1 ).
9) Residential, two-family (See 118.3.3.A.2).
10) Residential, zero lot line.
11) Student dormitory, fraternity, sorority.
12) Water management structures, wells, reservoirs.
Conditional uses
13) Art studio, gallery (See 118.3.3.C.2).
14) Boarding facility, youth hostel.
15) Commercial wireless telecommunication facility (See 118.3.10).
16) Convenience store without gas pumps.
17) Golf course, tennis, country club, clubhouse.
18) Hotel, motel, inn, extended stay facility.
19) Manufactured home (See 118.3.3.A.4).
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20) Museum, library, community center (public).
21) Police, fire, EMS substation.
22) Religious institutions (See 118.3.3.B.2).
23) School, public or private (K-12).
B. Housing types.
1. Housing types. In order to allow for a variety of housing options in the city and to establish
a common housing terminology, the following housing types are established.
Single-Family Detached. A building containing one dwelling unit located on a single lot with
private yards on all four sides.
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Zero Lot Line . A building containing one dwelling unit located on a single lot with private yards
on three sides, and the building located on or very near the remaining lot line.
Single-Family Attached. A building with two attached dwelling units located on two lots that
share a common wall along a lot line.
Two-Family. A building with two attached dwelling units located on a single lot or parcel (often
called a duplex). The units may be located on separate floors or side-by-side.
Townhouse. A building with at least three attached dwelling units consolidated into a single
structure. Each unit is separated by a common side wall . A townhouse is more than one story in
height, however units are not vertically mixed. Each unit has its own external entrance.
Multifamily. A building or buildings consisting of three or more dwelling units located on a
single lot or site. Dwelling units within a multifamily building may be situated either wholly or
partially over or under other dwelling units . The building often shares a common entrance.
2. Building envelope standards. The building envelope standards for buildings in the
residential districts are as follows. The cross-reference shown in the right hand column of
the table lists additional standards that must be followed.
Residential zoning district dimensional requirements. The cross-reference shown in the right
hand column of the tables lists additional standards that must be followed . All footnotes are located
at the end of the tables.
Table 118.2.1.A. Single Family Detached Dwelling Dimensional Requirements
SINGLE FAMILY DETACHED RS-E I RS-6 RS-7 RS-D RM-12 1 RM-16 J -RS-5
Lot (min ft.) -l I
--I ~~
Area (sq. ft.) 1 32,000 8,000 1 7,000 5,000 i 5,000 I 5,000 5,000 I
- -
I
I Width 85 80 70 50 5°15°j 50 I I .t
Yard Setbacks (min ft.)
Front 2 20 20 120 I 20 20 l 2°12~1
Front-Facing Garage Door 1 25 I 25 25 25 25 25 25
73 73 73 Side (interior) 7 7 7
I ~ ,--
Side (street) see subsection 118.1.6.F.4.
Rear 10 10
l pa i 10 l -10
j
I 10 ~
17
25 25 25 25 Waterfront 25 25 !is
I c-I -
Bulk (max)
I Height (ft.} 35 35 35 35 l 35 r 35 r s I
---
40% 45% 45% I Building Coverage 35% 35% 40% 40%
I ,---
Living Area (min sq. ft. per dwelling) 1,000 1,200 1,000 1,400 I 1,400 1,000 1 1,000
Table 118.2.1.B. Zero Lot Line Residential Dimensional Requirements
,..
r--
ZERO LOT LINE
Open Space (Comm on)
Lot (min ft.}
Area (sq. ft.)
RS-E I RS-5 I RS-6
I -r --
--, j s,ooo I 1,000
I f
I
RS-7 I RS-°f M-uf RM-16
-I -35% I 3s%
I
-
6,000 6,000 5,000 F 1
Width 60 so 10
r-
__ G_o __ s_o_~/ :_ j ----, ~ Yard Setbacks (min ft.) _J
r
I ~ l Front 20 20 20 I 20 J
Front-Facing Garage Door 1 25 25 25 25 I I
I j 2~ -~ I 14~1 J j I 14 14 14 14
0 I 0 O l 0 l 0 I -I
see subsection 118.1.6.F.4.
I 1ol1ol1° I 10 ~ 10 j ., I
25 J 1 rsr 5725 1 25
I r -
Side (first interior)
Side (other interior)
14
0
Side (street)
I 10
25
Rear
Waterfront
----------
18
Bulk (max)
I
35 1 I I Height (ft.) 35 35 35 35 35
I r -
40%7 I I
-
I
Building Coverage 35% 40%
I
40% 45% 45%
J
Living Area (min sq. ft. per dwelling) r 1 1,40°1 1,200 I 800 I 800 I 800 I 800 I
Table 118.2.1.C. Single-Family Dwelling Dimensional Standards
SINGLE-FAM
Open Spac
w idth ! 20 ~-I J_,______
Yard Setbacks (min ft.)
Front I 20 20 I 20 l 20 -1 20
---,--! ---25 -25 r 25 I 25 7 25 _ I
ILY ATTACHED RS-E RS-5 RS-6 RS-7 I RS-Dl RM-12 RM-16
_J
e (Common) - --35%7 35%
I
Lot ( min ft.)
Area per Unit (sq. ft.) f -7
, 2,400 1 2,400 -2,400 I 2,400 2,400 j ------
18 18 18 18
ar------'------______,__[~I J
Front-Facing Garage Door 1
Side (interior) --_-l--i---'----'--7 ---'--7~' I 7 '] 7' l 7' J
Side (street) see subsection 118.1.6.F.4.
I ,----
I I Rear
-
Waterfront
I I ----
10 10 r o
-
25 25 25
10
25
10 j
-~ 5 J
' j Bulk (max)
Height (ft.) -l I 35
19
-
so% I Building Coverage 50% 50% 50% 50% j
r Living Area (min sq . ft. per dwelling) 1,200 800 800 800 800
I -- - -
Table 118.2.1.D. Two -Family Residential Dwelling Dimensional Standards
TWO-FAMILY RS-E RS-5 RS-6 RS-7 I RS-D
Lot (min ft.)
Area (sq. ft.) I 5,000
j
2,500 2,500 I
Open Space (Common) 35% 35% I
Width r 100 so ~
-~i ---A-re-a-per Building (sq. ft.) ___ 1___ ~1 __ _. __ 1 1-o-,o-o-o -i1-s,-ooo _ s,ooo
1
Yard Setbacks (min ft.)
1
Front 20 20 20 17 -------+----------~--
Front-Facing Garage Door 1 25
Side (interior)
.-----l Side (street) see subsection 118.1.6.F.4.
R ear 10
-
Wat erfront 25
25
10
25
25
73
10
I
25
Bulk (max) j
Height (ft.) 35
J_ :J
Building Coverage 45% 45% I
20
---
,----
Living Area (min sq. ft. per dwelling)
I
I 800 I 800T 800
l
Table 118. 2.1.E. Townhouse Dimensional Standards
Rear 10
r 17 I
25 Waterfront j
.--------~
TOWNHOUSE RS-E RS-5 RS-6 RS-7 RS-D RM-12 RM-16
Site (min)
Open Space (Common) 35% 35%
Lot (min ft.)
Width
I I I I I 15
I
15 15
Area per Unit (sq. ft .) 1,350 I 1,350 1,350 I .
Yard Setbacks (min ft
,-----
Front, Principal Buildi
.)
Front-Facing Garage Do or 1
I
ng 15 15 ~ 1---
25 25 25
-
Side (interior) 5 5
Side (street) see subsection 118.1.6.F.4.
Bulk (max)
r-
Height (ft.) I 35 45 45
------I I I
Building Coverage I ---1------s--l 70%-o ---+--7-0-%-----1-70%
,----I 1
Livi ng Area (min sq. ft. per dwelling)
~~----~---~-~l __ l_s_o_o __ soo __ l s_o_o~-s-o_o __ _J I
21
--
Table 118.2.1.F. Multifamily Residential Dimensional Standards
r-----
Rs-1 RS-1 •s-I RS-RM-12 MULTIFAMILY RM-16
5 6 7 D --r
'
Density (max units/acre}
I
I Permitted by-right I 12 16 J
Permitted by conditional use 12+ 16+
r -
Site (min}
I
Area (acres} --
-I
Open Space (Common} 35% 35%
Width 50 50 I ------r
I
Depth
I I I I 100 I 100
I
Lot (min ft.)
-----
Yard Setbacks (min ft.}
-----r Front, Principal Building 15 15 J -
Front-Facing Garage Door 25 25 J -
I
Side (interior) 7 r - -
Side (street)
see subsection _J 118.1.6.F.4.
---I Rear I 10 r 10
----
Waterfront 25 I 25
--~ r
Bulk (max)
I
22
----I or 5 stories Height (ft.) 45 4
I I I I I r
45% Building Coverage I 45% I j I I I I I
Living Area (min sq. ft. per dwelling) Studio/One
500/750 500~50 I Bedroom
I I I I 1
1 Street setbacks may be administratively reduced, see 118.2.1.# Administrative Setback Reductions in
Residential Districts A.1.
2 Street setbacks may be administratively reduced to 15 feet, see 118.2.1.# Administrative Setback
Reductions in Residential Districts A.2.
3 Side setbacks may be administratively reduced to five feet, see 118.2.2.# Administrative Setback
Reductions in Residential Districts 8.1.
4 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height of
structures cannot exceed twice the least proposed yard setback. The option for height limit must be
determined at the time of site work permits.
Administrative Setback Reductions in Residential Districts.
A. Garage setbacks. Attached residential garages have a typical minimum front setback of 25 feet
where the doors face the right-of-way. Administrative reductions may be granted for street
setbacks to garages in the following cases:
1. Where a minimum distance of 23 feet is provided to the edge of sidewalk to the garage
door for front loading garages, the setback distance may be reduced to 20 feet for all
housing types. The reduction may not allow for a parked vehicle to impede or block the
sidewalk.
2. For single-family detached dwellings with secondary front setbacks on corner lots in all
residential zoning districts other than Estate (RS-E}, street setbacks may be
administratively reduced to 15 feet. For the purposes of this subsection, the secondary
front setback is defined as the frontage that does not provide driveway, or vehicular
access, to the dwelling unit.
B. Side-yard setbacks may be administratively reduced to five feet for single-family detached,
single-family attached, and two-family housing types in RS-7, RS-D, RM-12 and RM-16. This
administrative reduction shall apply only to new developments that will be maintained under the
control of a homeowner's association and where all of the following conditions are met, as
demonstrated on the site work permit plans submitted for the development:
1} Gutters and roof structures must be installed so as to reduce direct discharge to the side
yard swales.
2) No service equipment is permitted in the side yard between dwellings. This includes, but is
not limited to air conditioning systems, water softeners, pumps.
3) Fences, walkways and similar hardscape features must be designed to not
obstrucVimpede the flow of water within swales or other drainage conveyance.
23
4) Maximum lot coverage may not exceed 55%.
5) Prior to any construction on the lot, proper erosion and sedimentation controls must be
installed.
6) A maintenance entity shall be designated to provide perpetual maintenance to all drainage
and access easements.
Table 118.2.1.G. All Other Permitted Uses Dimensional Standards
ALL OTHER PERMITTED USES RS-E All other Residential Districts
Lot (min ft.)
Area (sq. ft.) 32,000 10,000
100 100 Width
r
Area per Building
Yard Setbacks (min ft.)
Front, Principal Building 20 20
r
Front-Facing Garage Door
r------
Side (interior)
7-25 -
-
7
I
----
25
- -
7 ___
-j -_J
Side (street) See Subsection 118.1.6.F.4.
I ,---
Rear 10 10
I j
Waterfront 25 25
Bulk (max) j -r-
Height (ft.)
-----
35 35
_____ B-u-ild_i_ng_ c _ov_e_r_ag_e _____ l 3 _5 __ ,._ ________ 3_5 ___ ____ _.
24
118.2.2 -Commercial Districts.
Commercial zoning districts include Neighborhood Commercial (NC), Commercial General (CG) and
Commercial Intensive (Cl).
A. Intent statements.
1. Neighborhood Commercial (NC). It is the express intent of the NCDistrict to provide for
professional office, multifamily and small-scale commercial uses , adjoining businesses
and/or residential areas, and located in close proximity to major arterial roadways . The
neighborhood commercial district is established in order to:
a. Protect the present development pattern, serve the surrounding community with
appropriately scaled commercial uses and office type uses and,
b. Provide for the orderly development or redevelopment of such land according to its
best usage by providing adequate minimum zoning standards for such usage. See
Table 118.2.1.H for nonresidential use dimensional standards and refer to Tables
118.2.1.E and F, RM-16 standards for townhomes and multifamily residential
dimensional requirements.
Permitted uses
1) Animal grooming.
2) Animal hospital, veterinary clinic (See 118.3.3.C.2).
3) Bank.
4) Bed and breakfast.
5} Butcher, baker, catering.
6} Call center.
7} Convenience store without gas pumps.
8} Copy, print, pack and ship, publishing, post office, and other office-type services.
9} Day care center (adult or child), preschool.
10) Dry-cleaning or laundry drop-off/pick-up facility; laundromat.
11) Hotel, motel, inn, extended stay facility.
12) Live-work.
13) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.
14) Medical or dental laboratory.
15) Museum, library, community center (public).
16) Offices: business, professional , financial, governmental or operational.
17) Park, recreation field, beaches.
18) Parking, surface or garage, as accessory or primary use.
19) Personal care services.
20) Police, fire, EMS substation.
21) Radio, TV or recording studio.
22) Residential, multifamily (See 118.3.3.A.3).
23) Residential, townhouse (See 118.3.3.A.1 ).
25
24) Retail, excluding pharmacy, or rental store, under 15,000 square feet (not motor
vehicle or large equipment).
25) Self-storage; fully enclosed indoor multi-story storage (See 118.3.3.C.9).
26) Student dormitory, fraternity, sorority.
27) Upper story residential.
28) Water management structures, wells, reservoirs.
Conditional uses
29) Art studio, gallery (See 118 .3.3.C.3).
30) Auction room, auction house.
31) College, university, trade school, enrichment classes such as dance or martial
arts.
32) Commercial wireless telecommunication facility.
33) Convenience store with gas pumps.
34) Convention center, gymnastic facility, indoor sports academy.
35) Funeral home or mortuary, undertaking establishment.
36) Pharmacy.
37) Religious institutions (See 118.3.3.8.2).
38) Repair service, non-automotive.
39) School, public or private (K-12).
40) Youth hostel.
2. Commercial General (CG). It is the express intent of the CG District to provide areas for
commercial activities that meet the retail shopping and service needs of the community.
See Tables 118.2.1.H for nonresidential use dimensional standards and refer to Table
118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional
requirements.
Permitted uses
1) Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2).
2) Animal grooming.
3) Animal hospital, veterinary clinic (See 118.3.3.C.2).
4) Art studio, gallery (See 118.3.3.C.3).
5) Assisted living facility; nursing home; life care facilities.
6) Auction room, auction house .
7) Bank.
8) Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See
118.3.3.C.1 ).
9) Bed and breakfast.
10) Butcher, baker, catering.
11) Call center.
12) Car wash, full or self service.
26
13) College; university, trade school, enrichment classes such as dance or martial
arts.
14) Convenience store with or without gas pumps, gas station {See 118.3.3.C.5).
15) Copy, print, pack and ship, printing, publishing, post office, and other office type
services.
16) Day care center {adult or child), preschool.
17) Dock or pier {commercial), wet or dry storage of boats, marina {See
118.3.3.C.7), boat rental, ferry.
18) Funeral home (crematorium and mortuary accessory only).
19) Greenhouse or nursery, commercial, garden center.
20) Health club.
21) Hotel, motel, inn, extended stay facility.
22) Indoor commercial recreation.
23) Laundromat, dry-cleaning, and carpet cleaning plants and drop-off, diaper
service, linen supply.
24) Live-work.
25) Lodge, membership club (See 118.3.3.C.1 ).
26) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.
27) Medical or dental laboratory.
28) Museum, library, community center (public).
29) Offices; business, professional, financial, governmental or operational.
30) Park, recreation field, beaches.
31) Parking, surface or garage, as accessory or primary use.
32) Personal care services.
33) Police, fire, EMS substation.
34) Radio, TV or recording studio.
35) Religious institutions (See 118.3.3.8.2).
36) Repair services, non-automotive.
37) Residential, multifamily (See 118.3.3.A.3).
38) Residential, townhouse (See 118.3.3.A.1 ).
39) Research, testing, and development laboratory.
40) Restaurant/food service establishment, with or without sale of alcoholic
beverages (See 118.3.3.C.1 ).
41) Retail, wholesale or rental store, {not motor vehicle or large equipment).
42) School, public or private (K-12).
43) Self-storage; fully enclosed indoor multi-story or mini-storage (See
118.3.3.C.19).
44) Student Dormitory, Fraternity, Sorority.
45) Upper story residential.
27
46) Water management structures, wells, reservoirs.
Conditional uses
47) Alternative or post-incarceration facility, transitional home, halfway house.
48) Auditorium, arena, stadium, indoor athletic, tennis, swim club.
49) Boarding; rooming or lodging facility; youth hostel.
50) Bus and train passenger terminal, taxi dispatch, limo service.
51) Cam pg round, travel trailer park, recreational vehicle park (See 118.3.3.A.4 ).
52) Drug and alcohol rehabilitation treatment or clinic, detoxification centers.
53) Light manufacturing, repair or assembly of equipment and instruments.
54) Machine shop.
55) Major utilities.
56) Manufactured housing sales.
57) Psychiatric institution.
58) Recycling drop-off facility.
59) Vehicle (all kinds) and machinery sales, rental or leasing (See 118.3.3.C.12).
60) Vehicle service: minor and major repairs, modifications and maintenance (See
118.3.3.C.11 ).
3. Commercial Intensive (Cl). It is the express intent of Cl District to provide areas for more
intense commercial development and commerce while maintaining an attractive
community. See Table 118.2.1.H for nonresidential use dimensional standards and refer to
Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential
dimensional requirements.
Permitted uses
1) Animal boarding, animal shelter, kennel, dog day care (See 118.3.3.C.2).
2) Animal grooming.
3) Animal hospital, veterinary clinic (See 118.3.3.C.2).
4) Art studio, gallery (See 118.3.3.C.3).
5) Assisted living facility, nursing home, life care facilities.
6) Auction room, auction house.
7) Bank.
8) Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See
118.3.3.C.1 ).
9) Bed and breakfast.
10) Butcher, baker, catering.
11) Call center.
12) Car wash full or self-service.
13) College, university, trade school, enrichment classes such as dance or martial
arts.
14) Commercial amphitheater .
28
15) Convenience store with or without gas pumps, gas station (See 118.3.3.C.5).
16) Copy, print, pack and ship, printing, publishing, post office, Other office type
services.
17) Day care center (adult or child), preschool.
18) Dock or pier (commercial), wet or dry storage of boats, marina (See
118.3.3.C.7), boat rental, ferry.
19) Drive-in theater.
20) Flea market (See 118.3.3 .C .5).
21) Funeral home (crematorium and mortuary accessory only).
22) Golf course, tennis, country club, clubhouse.
23) Greenhouse or nursery, commercial, garden center.
24) Health club.
25) Hotel, motel, inn, extended stay facility.
26) Hospital, medical center.
27) Indoor commercial recreation.
28) Laundromat, dry-cleaning, carpet cleaning plants and drop-off, diaper service,
linen supply.
29) Live-work.
30) Lodge, membership club (See 118.3.3.C.1 ).
31) Manufactured housing sales.
32) Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.
33) Medical or dental laboratory .
34) Museum, library, community center (public).
35) Offices: business, professional, financial, governmental, or operational.
36) Outdoor recreation.
37) Park, recreation field, beaches.
38) Parking, surface or garage, as accessory or primary use.
39) Personal care services.
40) Police, fire, EMS substation.
41) Radio, TV or recording studio.
42) Religious institutions (See 118.3.3.B.2).
43) Repair services, non-automotive.
44) Research, testing and development laboratory.
45) Residential, multifamily (See 118.3.3.A.3).
46) Residential, townhouse (See 118.3.3.A.1 ).
47) Restaurant/food service establishment, with or without sale of alcoholic
beverages (See 118.3.3.C.1 ).
48) Retail, wholesale or rental store (including motor vehicle or large equipment
(See 118.3.3.C.12).
29
r
49) School, public or private (K-12).
50) Self-storage, fully enclosed indoor multi-story or mini-storage (See
118.3.3.C.19).
51) Student dormitory, fraternity, sorority.
52) Tattoo shop, body piercing (See 118.3.3.C.10), palmist, psychic, medium.
53) Upper story residential.
54) Vehicle service , minor and major repairs, modifications and maintenance (See
118.3.3.C.11 ).
55) Water management structures, wells, reservoirs.
Conditional uses
56) Alcohol and drug rehabilitation treatment or clinic, detoxification centers.
57) Alternative or post-incarceration facility, transitional home, halfway house.
58) Auditorium, arena, stadium, indoor athletic, tennis, swim club.
59) Boarding, rooming or lodging facility, youth hostel.
60) Bus and train passenger terminal, taxi dispatch, limo service.
61) Campground, travel trailer park, recreational vehicle park (See 118.3.3.A.4).
62) Light manufacturing, repair or assembly of equipment and instruments.
63) Machine shop.
64) Major utilities.
65) Pawnshop (See 118.3.3.C .8).
66) Psychiatric institution .
67) Recycling drop-off facility.
B. Building envelope standards. The building envelope standards for buildings in the
commercial districts are as follows. The cross-reference shown in the right hand column of the
table lists additional standards that must be followed.
Table 118.2.1.H Nonresidential Dimensional Standards
NONRESIDENTIAL NC T-CG Cl I
Lot (min ft.) _J
10,~ -, Area (sq . ft.) 10,000 10,000 J
Width I 100 ,-100 100
Area per Unit (sq. ft.) I
Yard Setbacks (min ft.) r
30
.----- --
Fr ont 25 25 25
I I
Side (i nterior) 10 10 10
I
Side ( street) 20 20 20
10 10 10 R ear
r ----I Waterfront 25 25 T 25 I
Bulk (max)
.------~
Height (ft.) 45 70' or 5 stories 70' or 5 stories
I
Building Coverage 45% 45% 45%
_I 7
118.2.3 -Industrial Districts.
A. Intent statements.
1. Industrial Light (IL). By virtue of its location as designated in the comprehensive plan, and
because of the existing and proposed development around the area, and because of the
present and anticipated accessibility to transportation facilities and utilities and other public
services, the IL District is established in order to:
a. Protect light industrial uses.
b. Promote and protect future development of the district in light industrial usage.
c. Exclude incompatible uses, such as residences, heavy industry, and commercial
enterprises not directly serving the light industrial uses , which would preempt land
intended to be preserved for industrial uses to achieve a favorable balance of land
uses within the city.
d. Ensure the ultimate stabilization of the district in light industrial usage.
e. Encourage further development within the district similar in character and appearance
to a planned modern industrial district.
Permitted uses
1) Alcohol and drug rehabilitation treatment or clinic, detoxification centers.
2) Alternative-or post-incarceration facility, transitional home, half-way house.
3) Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2).
4) Animal hospital, veterinary clinic (See 118.3.3.C.2).
5) Armory, brewery, winery, bottling plant, bulk mailing service, movie production
facility.
I
31
6) Art studio, gallery (See 118.3.3.C.3).
7) Auction room, auction house.
8) Bank.
9) Blood plasma donation center.
10) Bus and train passenger terminal, taxi dispatch, limo service.
11) Call center.
12) Car wash full or self-service.
13) Carpentry, lumberyard and wood products.
14) College/university, trade schools, enrichment classes such as dance or martial
arts.
15) Convenience store with or without gas pumps, gas stations (See 118.3.3.C.5).
16) Commercial packing for fruits and vegetables.
17) Contractor storage (indoor/outdoor) perform services off-site, but store
equipment and materials or perform fabrication or similar work on-site (See
118.3.3.D).
18) Copy, print, pack and ship, publishing, post office, and other office type
services.
19) Detention center, jail, prison.
20) Drive-in theater.
21) Fabrication and manufacturing of fabrics and materials (See 118.3.3.D).
22) Flea market (See 118.3.3.C.6).
23) Funeral home or mortuary, crematorium.
24) Greenhouse or nursery, commercial, garden center.
25) Health club.
26) Indoor commercial recreation.
27) Labor pool.
28) Laundromat, dry-cleaning and carpet cleaning plants
service, linen supply.
29) Lodge, membership club (See 118.3.3.C.1 ).
30) Machine shop, light manufacturing or assembly.
31) Manufactured housing sales.
32) Medical and dental laboratory.
33) Offices governmental or operational.
34) Outdoor recreation.
and drop-off, diaper
35) Outdoor storage and bulk storage: nonflammable (See 118.3.3.D).
36) Park, recreation field, beaches.
37) Parking: surface or garage, as accessory or primary use .
38) Pawnshop (See 118.3.3.C.8).
39) Police, fire, EMS substation.
32
---
40) Psychiatric institution.
41) Radio, telephone and television transmission towers and facilities (commercial).
42) Radio, TV or recording studio.
43) Repair services: automotive (See 118.3.3.C.11) and non-automotive, all types.
44) Research, testing, and development laboratory.
45) Restaurant/food service establishment, with or without sale of alcoholic
beverages (See 118.3.3.C.1 ).
46) Retail, wholesale, or rental store (including motor vehicle or large equipment
(See 118.3.3.C.12).
47) Self-storage: fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.9).
48) Social service facility, soup kitchen, transient lodging or shelter for the
homeless.
49) Stone, clay, concrete products.
50) Tattoo shop, body piercing (See 118.3.3.C.10), palmist, psychic, medium.
51) Truck, bus, rail or motor freight terminal, service facility, drop yard.
52) Warehouse, freight, cartage, distribution facility, parcel service (See 118.3.3.D).
53) Water management structures, wells, reservoirs.
Conditional uses
54) Airport, heliport.
55) Auditorium, Arena, stadium, indoor athletic, tennis, swim club.
56) Campground, travel trailer park, recreational vehicle park.
57) Major utilities.
58) Outdoor shooting range.
59) Recycling drop-off facility.
60) Religious assembly.
2. Industrial Heavy (IH). The heavy industrial district is intended to allow general
manufacturing, processing, construction, and utility uses, as well as all light industrial uses.
B. Permitted land uses. Permitted uses by district are set forth in Article 3, Permitted Land Uses.
C. Building envelope standards. The building envelope standards for buildings in the industrial
districts are as follows.
NONRESIDENTIAL IL I IH _J
Lot (min ft.) _J I
I Area (sq. ft.) 10,000 10,0~
I I r ---
Width 100 100
I I
33
___ _----
---------
Ya rd Setbacks (min ft.)
Front (arterial) 30 50 _J
-
F rant ( non-arteria I) 30 30
-I
Side (interior)
i---------S-id e (street) ---
I
----;-
10
--2-0-----i
10
------20 7
Rear 10 ~ ..--------
25 25 Waterfront
Bulk (max)
Height (ft.) 70 70 J
45% Building coverage 45% J
~~
118.2.4 -Open Space Districts.
A. Conservation Lands (CON).
1. Intent statement. The CON District is intended to designate, conserve, and protect from
incompatible uses, the regionally significant wetlands or uplands within the city that are, or
will be, owned and used for long-term conservation purposes. It is intended that areas in
the CON District be utilized as water management areas, lakes, open space, and passive
recreation areas and nature parks with limited recreational use.
2. Interpretation.
a. These provisions apply to the development of land designated CON on the Future
Land Use Map. The requirements of the Land Development Code shall apply if this
section does not otherwise address the area of regulation , as it may be amended. In
the event of conflict between the provisions of this section and the other requirements
of the Land Development Code, the provisions of this section shall govern.
b. The interpretation and application of the CON District will be reasonably and uniformly
applied to all property within the city that is designated CON.
3. Permitted uses.
1) Conservation land.
2) Game preserve, wildlife management area, refuge, animal sanctuary.
3) Water management structures, wells, reservoirs.
I
34
Conditional uses
4) Agricultural activities and services.
5) Agricultural product processing plant.
6) Aviary.
7) Farm labor and management services.
8) Large animal and veterinary services.
9) Residential, single-family detached.
4. Density transfer.
a. If there are adjacent upland areas that are under common ownership within the areas
designated CON, the density of the CON District shall be the same as the adjacent
upland area, but the units must be developed on the adjacent upland areas.
b. For areas located east of Interstate 75, residential density transfer from CON to
adjacent upland areas shall not exceed 1.33 times the maximum allowable gross
density of the adjacent uplands (non-CON), i.e., the net upland density may not
exceed 1.33 times the maximum allowable gross density for the property. (For
example, for MDP-3.0 land, the maximum allowable density on adjacent uplands shall
be 3.0 x 1.33 = 3.99 units per acre, for RM-12 District the allowable density shall be
12.0 x 1.33 = 15.95 units per acre.)
5. Establishment of the boundaries.
a. The CON District boundaries on the Future Land Use Map are based on the best
available information at the time the Future Land Use Map is adopted.
b. The exact location of CON District boundaries shall be based on the boundaries
approved in the regulating agency's permit and will be adjusted to conform to the final
issued permits.
B. Recreation District (REC}.
1. Intent statement. The REC District is created to reserve land areas for parks, open space,
and active and passive recreation purposes . In order to provide for the public convenience,
health, safety and general welfare, requirements are set forth for recreation and park lands,
and open space within the city.
2. Permitted uses.
1 ) Athletic field, track.
2) Commercial amphitheater.
3) Drive-in theater.
4) Executive par three golf course.
5) Horse stable, riding academy.
6) Municipal wellfield.
7) Outdoor recreation.
8) Park, recreation field, beaches.
9) Sports academy for active recreational or competitive sports.
Conditional uses
1) Municipal-owned horticulture recycling/processing.
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2) Museum, library, community center (public).
3. Lot size. The minimum lot size shall be 10,000 square feet.
4. Building coverage. The maximum building coverage shall be 30 percent.
5. Building setbacks. All buildings shall be located at least 30 feet or one-half the width of
the street right-of-way, whichever is larger, from all existing and proposed streets and at
least 25 feet from all property lines.
6. Building height. The maximum building height shall be 32 feet.
ARTICLE 3. -PERMITTED LAND USES
118.3.1-General Provisions.
A. Uses not specifically listed.
1. Specific uses are listed in subsection 118.3.6, Use Categories. Uses may be further
defined in Chapter 142, Definitions. Any principal use not listed is prohibited unless the
director determines that the use is similar in nature to a permitted use already listed in this
Code. Where the similar permitted use is subject to a use standard or conditional use
review, the proposed use shall also be subject to such standard or approval. The director
shall not amend this Code by adding to or eliminating any use standard for the proposed
use.
2. Where a use not listed is found by the director not to be similar to any other permitted use,
the use shall be permitted only following a text amendment. Treatment of a use not listed
shall be determined by the director by applying the following criteria:
a. The actual or projected characteristics of the proposed activity in relationship to the
stated characteristics of each use.
b. The relative amount of site area or floor space and equipment devoted to the activity.
c. Relative amounts of sales from each activity.
d. The customer type for each activity.
e. The relative number of employees in each activity.
f. Hours of operation.
g. Building and site arrangement.
h. Types of vehicles used and their parking requirements.
i. The relative number of vehicle trips generated.
j. Signs .
k. How the use is advertised.
I. The likely impact on surrounding properties.
m. Whether the activity is likely to be found independent of the other activities on the
site.
B. Developments with multiple principal uses.
1. When the principal uses of a development fall within different use categories, each
principal use shall be classified or treated individually and each use shall be subject to all
applicable regulations for that use.
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2. A development comprised of separate uses shall be reviewed using the most restrictive
process from among the proposed uses.
Commentary: If a proposed development includes a gas station, library and a restaurant,
including outparcels, and one of those uses is only permitted as a conditional use in the
district, then the entire development requires conditional use review.
3. Where a use requiring approval as a conditional use lies on a separate legal parcel, only
the building containing the use and its separate parcel shall be subject to review, not the
entire project. However, where the separate legal parcel is an outparcel, the application
shall describe the relationship of the outparcel to the remaining site.
C. Accessory uses.
1. Accessory uses are allowed by-right in conjunction with a principal use as set forth in
section 118.3.4, Accessory Uses. No accessory use may be established on a site without a
principal use.
118.3.2 -Reserved.
118.3.3 -Use Standards.
The purpose of additional use standards is to ensure that the common impacts of certain uses
are ameliorated . The use standards are intended to apply to by-right development.
A. Residential use standards.
1. Single-family attached, townhouse.
a. A minimum of 35 percent open space shall be required for all new townhouse and
single-family attached developments.
b. On-site recreational facilities shall be provided in compliance with the Comprehensive
Plan, Recreation and Open Space Standard 1.1.4.1 and Standard 1.1.4.2 unless the
project is located within the "maximum service radius" of a community, neighborhood
or mini-public park (See City Comprehensive Plan, Recreation and Open Space
Policy 1.1).
2. Two-family. Existing two-family dwellings of record before November 1, 2004, may be
converted to a single-family attached dwelling if minimum lot size and unit size is met and
the resulting units comply with current life, safety and building codes.
3. Multifamily.
a. Multifamily units in legal existence on or before September 4, 1990, shall be a special
nonconforming use in the RS-D District in the Central Fort Myers Area Study only.
Such multifamily uses may be continued indefinitely, remodeled or replaced provided
that the use has not been abandoned for over a six-month period. No increase in the
number of units shall be allowed. Variances from these provisions may be necessary
and may be considered by the board of adjustment in accordance with section 98.3.5,
Variances.
b. Multifamily units in legal existence on or before July 8, 1997, shall be a special
nonconforming use in the areas identified on maps B-1 through B-5 found in
addendum A, at the end of this chapter. Such multifamily uses may be continued
indefinitely, remodeled or replaced. No increase in the number of units shall be
allowed. Variances from these provisions may be necessary and may be considered
by the board of adjustments in accordance with section 98.3 .5, Variances.
4. Manufactured home and recreational vehicle parks.
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a. No manufactured home park shall be established in the city unless it meets all of the
following requirements:
1) The park is not less than eight acres in area and of a single plot of ground.
2) The location shall have a minimum frontage of 100 feet on, and be accessible
from, an arterial street only.
3) Complete plans of the entire tract indicating utility facilities, mobile home stands,
administrative and utility buildings, streets and/or driveways, walkways, parking
spaces and all other pertinent information shall have been submitted and
approved by the appropriate city and county departments.
4) Not less than 50 manufactured home stands shall be completed and ready for
occupancy before the first occupancy is permitted.
5) Manufactured home stands shall be not less than 40 feet in width and each stand
shall contain not less than 2,700 square feet.
6) Each stand shall be clearly defined and no manufactured home or part thereof
(i.e., cabanas, carports, patios, utility buildings or structures, etc.) shall be closer
to the side or rear line than seven feet or closer to the front line than ten feet.
7) No manufactured home stand shall be closer to the park boundary lines, when
such boundary lines are common property lines, than ten feet or closer to street
right-of-way lines than 26 feet. Such setback areas shall be landscaped and shall
not be used for any other purpose, except for necessary walks or driveways as
approved by the director. When the common property boundary line is adjacent
to a developed residential area, such area shall be effectively screened by dense
vegetative plantings, or an approved fence or wall.
b. Except as provided in the above provisions of this section, the rules of the state
department of health, are hereby made a part of this section as if set out in full herein .
c. No recreational vehicle park shall be established in the city unless it meets the
requirement that it shall be not less than eight acres in area on a single plot of ground.
B. Civic use standards.
1. Religious Institutions may include a variety of accessory uses which may be permitted in
accordance with the definition found in Chapter 142 of this Code. Uses, in conjunction with
a religious institution which are not included in the definition must comply with the following
standards:
a. A gymnasium or similar indoor recreational facility is permitted provided that the
minimum parcel size of the place of worship shall not be less than ten acres.
b. A cemetery is permitted provided that the minimum parcel size of the place of worship
shall not be less than ten acres.
c. Overnight accommodations for visiting clergy and non-paying guests of clergy
employed by the place of worship are permitted provided that the minimum parcel size
of the place of worship shall not be less than ten acres.
d. The following accessory uses are permitted only as conditional uses, subject to the
requirements of section 98.3.8.
i. Day care center in residential districts only.
ii. Schools in residential districts only.
iii. Soup kitchens or other social service facilities in all districts.
iv. Athletic field or similar facility.
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C. Commercial use standards.
1. Alcoholic beverage establishments.
a. No licenses for the consumption of beverages containing more than one percent
alcohol by weight shall be granted to a vendor or operator of a bottle club or bar, not
including restaurants where alcohol is served, whose place of business is within 600
feet of an established place of worship or public school; nor shall a place of worship or
public school be granted a license or permission to be within 600 feet of a vendor or
operator of a bottle club or bar, not including restaurants where alcohol is served, that
is licensed for the consumption of beverages containing more than one percent
alcohol by weight; which distance shall be measured by following the shortest route of
ordinary pedestrian travel along the public thoroughfare from the main entrance of
such place of business to the nearest entrance of any place of worship; and in case of
a public school, to the nearest point of the school grounds in use as part of the school
facilities. Such distances are to be ascertained by the building official.
b. An established place of worship or public school will be recognized only if the place of
worship or public school has obtained and passed all certificate of occupancy
inspections for its premises and has also registered with the occupational licensing
division of the building and zoning department. There is no charge for the actual
occupational license; however, any place of worship or public school is still required to
meet all of the criteria in order to obtain a certificate of occupancy for the building
which they occupy.
c. These requirements do not apply to establishments which sell alcohol strictly for off
premises consumption, such as grocery stores, convenience stores, and liquor stores.
d. A variance may be granted from the 600-foot rule if the applicant shows that the
building was historically used as a place of worship or an establishment that was a
bottle club or bar and meets the criteria of section 98.3.5, Variance except for
subsection 98.3.5.A.3.
e. The Downtown Redevelopment Area shall be exempt from these requirements.
2. Animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel,
doggy day care. In the CG and Cl districts, no outdoor runs shall be permitted. All
overnight care of animals shall occur indoors. All pens, kennels and runs shall be located
within an enclosed building.
3. Art or photo studio, gallery. Limited retail is permitted for products produced by the
resident on the premises.
4. Convenience store with gas pumps, gas station.
a. General provisions.
1) The primary building, including the fuel canopy, shall conform to all building
envelope standards.
2) Gasoline pumps, tanks, vents and pump islands shall be located no closer than
20 feet to any side or rear property line or right-of-way.
3) No sign of any type or any gasoline pump or tank shall be located within 20 feet
of residential district.
4) Where the facility is adjacent to any residential district, there shall be a 100
percent opaque eight-foot high visual barrier or screen on the property line
abutting the residential lot, provided such barrier or screen shall not restrict clear
sight at any intersection or driveway .
5) Freestanding vents shall be screened from public right-of-way.
b. Fuel canopies.
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1) The canopy shall be located no closer than 15 feet to any side or rear property
line or right-of-way.
2) The canopy shall not exceed the height of the principal building, but in no case
shall the canopy height exceed 20 feet.
3) The canopy shall be constructed of building materials consistent with that of the
principal building, including the roof.
4) The canopy shall be integrated structurally and architecturally into the design of
the principal building and shall be complementary to the overall color scheme of
the building facade from which it projects.
5) Canopy lighting shall not extend beyond the area beneath the canopy and all
fixtures shall be recessed, including any fixture or lens.
c . Single-bay automatic car wash. An accessory single-bay automatic (not self
service) car wash completely enclosed except for openings necessary to allow entry
and exit of vehicles shall be permitted subject to the following:
1 ) The car wash structure shall be located no closer than 20 feet to any side or rear
property line or right-of-way. The car wash structure shall be located no closer
than 50 feet to any side or rear property line adjacent to a residential district.
2) The car wash structure shall meet all applicable building envelope standards and
shall not exceed a height of 20 feet or exceed an overall building dimension of 25
feet in width and 50 feet in length .
3) The car wash structure shall be constructed of building materials consistent with
that of the principal building, including the roof.
4) The doors of the car wash building shall be architecturally compatible with the car
wash building and shall be fully closed when the facility is not in operation.
5) The car wash structure shall be located behind the rear building line of the
principal building.
6) The car wash structure shall be sited so as to discourage direct street view of the
facility . Direct street access is permissible only when appropriate landscaped
areas such as, but not limited to, planter islands or other landscaped features are
used to screen from street view.
7) The car wash facility shall not operate before 6:00 a.m. or after 10:00 p.m.
6. Flea markets. New flea markets shall be a minimum of five acres in size, operated within
the confines of an enclosed building and have access on an arterial roadway.
7. Marinas.
a. Any marina proposed to be constructed, added to, repaired or structurally altered shall
first obtain a permit from the appropriate state and federal agencies, if necessary, as
well as a permit from the city in accordance with applicable regulations, and written
consent of the bottom owner.
b. Any proposed commercial marina must receive a permit or a letter of no objection
from the appropriate state and federal agencies and execute a lease for the river
bottom with the state or city, or provide proof of ownership of the river bottom before a
city permit shall be issued .
8. Pawnshops. Pawnshop establishments shall not be permitted to have the exterior walls of
the establishment, excluding permitted signs, to be any color other than a single
achromatic, earth-toned or pastel color, and shall not allow any of the awnings, canopies,
window shutters or other trim or window treatments to be any color other than a different
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shade of the single achromatic, earth-toned or pastel color of the walls. The trim color shall
not exceed 20 percent of the entire exterior surface of the building.
9. Self-service storage facility.
a. General.
1 ) No electrical power supply shall be accessible to the renter/lessee of the storage
unit with the exception of lighting fixtures and climate controls.
2) The following activities shall be prohibited on the premises:
a) Commercial, wholesale or retail sales, flea markets or peddling, or
miscellaneous or garage sales. However, once a month, the management of
the self-storage mini-warehouse complex may conduct a one-day auction or
sale of abandoned or stored materials to settle unpaid storage bills in
accordance with State of Florida regulations.
b) Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn
mowers, appliances, or other similar equipment.
c) Operation of a transfer-and-storage business.
d) Operation of power tools, spray painting equipment, table saws, lathes,
compressors, welding equipment, kilns, or other similar equipment except
when needed for maintenance of the use.
e) Any activity that is noxious or offensive because of odors, dust, noise,
fumes, or vibrations.
f) Storage of hazardous chemicals, flammable liquids, or combustible and
explosive materials .
g) Habitation of storage units by humans or animals.
b. Warehouse, self-service, mini-storage.
1) All storage shall be contained within a fully-enclosed building. However, the
storage of boats, RV's or other similar vehicles may be permitted in accordance
with section 118.3.7, Outdoor Storage and Display.
2) A 100 percent opaque eight-foot high visual barrier or screen shall be provided
around the perimeter of the property.
3) Where the end wall of the self-storage facility is visible from a public right-of-way,
the wall shall be buffered by a hedge that has a mature height of at least four
feet.
4) Each storage space shall contain a maximum of 250 square feet.
c. Warehouse, self-service, indoor multi-story.
1) All warehouse storage on the property shall be in a minimum two-story, single
enclosed building. All storage units shall be accessed internally. External doors
to individual units shall not be permitted. One consolidated loading area is
permitted to the rear or side of the building.
2) The outdoor storage of boats, RV's or other similar vehicles may be permitted in
accordance with section 118.3.7, Outdoor Storage and Display.
10. Reserved.
11 . Vehicle service and repair.
a. General.
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1} Where the facility is adjacent to a residential district, there shall be a 100 percent
opaque eight-foot high visual barrier or screen on the property line abutting the
property, provided such barrier or screen shall not restrict clear sight at any
intersection or driveway.
2) There shall be no dismantling of vehicles for salvage.
3) The storage of impounded vehicles shall not be permitted.
4) The sale or rental of vehicles may be permitted if allowed as a principal use in
the respective district. Such a facility shall meet all the requirements of paragraph
12 below.
b . CG, Cl Districts.
1) Except for full-or self-service vehicle wash facilities, all repair and service activity
shall be conducted within a fully-enclosed building.
2) The service bay doors shall be oriented towards the side or rear of the building
and shall in no case face a designated primary street.
3) The outdoor overnight storage of vehicles awaiting repair is permitted in
accordance with 118.3.7, Outdoor Storage and Display.
12. Vehicle sales, lease, or rental.
a. Applicability. Except as otherwise provided in this section, these regulations shall
apply to any business or use operating in the City which provides an outdoor public
display for the sale, lease, or rental of new or used automotive or recreational vehicles
in areas other than designated parking spaces.
b. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning :
1) Vehicle display area means the area outside a building where a business
displays vehicles that are available for sale, lease, or rent to the public, and not
located in approved parking spaces .
2} Vehicle display area buffer means the area between a vehicle display area and a
street where vehicles may not be displayed and where landscaping is required.
3} Vehicle sales, lease, or rental agency means a business where new or used
automobiles, trucks , recreational vehicles, (i.e., motorcycles, boats, trailers,
campers, or similar vehicles and equipment} are displayed for sale, lease, or rent
to the public. This section does not apply to agricultural, construction equipment
(see heavy industrial) or vehicles designated class 7 or higher.
4) Lawfully existing means a business or use regulated under this section which has
a valid city business tax receipt and Florida Department of Motor Vehicles motor
vehicle's dealers license, and any other applicable licenses and/or approvals for
a particular site as of May 7, 2018 .
c. Dimensional requirements. All businesses subject to this section shall have a
minimum lot area of one-half acre. However, businesses subject to this section on
property less than one-half acre under this section which was lawfully existing as of
May 7, 2018 is granted nonconforming status and shall be considered a legally
nonconforming use pursuant to section 98.4 .4. Status as a legally nonconforming use
shall expire if the operation ceases consistent with section 98.4.4.
d. Standards. All businesses subject to this section shall comply with the following prior
to issuance of a business tax receipt (existing businesses shall comply within 18
months of the effective date of this ordinance, unless otherwise specified below}:
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1) Provide an accurate sketch of the site that includes the following (Except for
existing businesses with previously approved and active site plans or site work
permits shall not be required to submit the site sketch):
i) The sketch shall be drawn to scale and show the entire parcel being used by
the vehicle sales, rental, or leasing agency.
ii) The sketch shall include the acreage and dimensions of the lot; location of
the designated vehicle display area; location and dimensions of the
landscape buffer; location and dimensions of all structures; and location and
dimensions of customer parking spaces.
2) Vehicles on display are prohibited from being located on any sidewalk, right-of
way, on or in any required buffer yard, display area buffer, designated customer
parking, or emergency access aisle.
3) Customer parking shall be prominently identified with signage.
4) Parking spaces for display vehicles shall be a minimum of eight feet in width.
Vehicles may be stacked as long as they do not impede drive aisles or
emergency access.
5) Lots less than one-half acre shall provide a minimum three customer parking
spaces and shall comply with the handicapped parking requirements contained in
chapter 134.
6) Landscape and buffer yard requirements shall be as follows:
i) Businesses lawfully operating as of [the effective date of this ordinance] shall
provide a minimum landscape buffer of five feet in width on all street
frontages. New businesses shall provide a minimum landscape buffer of 15
feet.
ii) Trees shall be planted in the vehicle display area buffer in accordance with
chapter 138 requirements for trees, including trees in buffer yards and street
trees along designated corridors. Trees may be clustered with approval of
community development director. Lots less than one-half acre shall be
exempt from this requirement.
iii) Shrubs shall be provided within the required landscape buffer and shall be a
minimum of 24 inches in height at time of planting, a minimum of a three
gallon size container, and be spaced 18 to 24 inches on center. Shrubs
used for screening must be at least 36 inches in height by one year after
installation, and maintained in perpetuity at said height. Shrubs located
within the site visibility triangle shall be maintained at a maximum 24 inches
to allow visibility at intersections.
iv) The following is a list of plant alternatives considered drought resistant that
require the least amount of irrigation. A drip irrigation system shall be
required with the installation of the new landscaping. The required shrubs
are encouraged to be selected from one (or more) of the following drought
resistant species with spacing as follows:
1) Coco plum;
2) Firebush;
3) Simpson Stopper;
4) Orange jasmine; and/or
5) Viburnum suspensum.
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v) Shrubs shall not be pruned vertically lower than 30 inches above the
ground.
vi) Ground cover shall be a drought-resistant species and planted every 12 to
18 inches on center. Sod shall be prohibited in vehicle display area buffers,
except where buffer is greater than ten feet in depth.
7) In accordance with F.S. § 320.27(3), demonstrate that the location provides an
adequately equipped office and is not a residence; that the location affords
sufficient unoccupied space upon and within which adequately to store all motor
vehicles offered and displayed for sale, rent or lease.
e. Deviations and variances. Deviations and variances shall be permitted in
accordance with the following:
1) Where physical constraints make compliance impossible, an administrative
variance may be granted by the community development director or designee.
2) Previously approved deviations or variances for existing vehicle sales agencies
in operation at the effective date of this ordinance shall remain in effect.
3) Where the applicant believes to be aggrieved by the decision of the community
development director, such appeal shall be taken not more than 30 days from the
date of the decision of the community development director, by filing with the
community development director a notice of appeal on forms provided by the city.
Every appeal shall refer to the specific provision involved and shall set forth the
interpretation that is claimed. Within 30 days of receipt of the notice of appeal,
the city council shall, at a public meeting, determine reverse or affirm wholly or
partly, or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination as ought
to be made; and to that end, shall have the power of the community development
director from whom the appeal is taken.
13. Medical marijuana treatment center dispensing facilities.
a. Prohibition. Medical marijuana treatment center dispensing facilities are prohibited
and shall not be located within the boundaries of the city. The city shall not accept,
process, or approve any request or application for a development order, building
permit, or other approval associated with a proposed medical marijuana treatment
center dispensing facility.
b. Definition. For the purposes of this section, the term "medical marijuana treatment
center dispensing facility" means any facility where medical marijuana or any product
derived therefrom is dispensed at retail.
c. Interpretation . This section and the terms used herein shall be interpreted in
accordance with F.S. § 381.986 and Chapter 64-4 of the Florida Administrative Code.
The intent of this section is to ban medical marijuana treatment center dispensing
facilities from being located within the boundaries of the city as authorized by F.S. §
381.986(11 )(b)(1 ).
D. Industrial use standards.
1. Junkyards and recycling business operations. In order to implement City Charter
section 9.2 approved on November 5, 2015, governing approvals of junkyards or recycling
centers, while conforming to the requirements of state law, including but not limited to F.S.
§ 163.3167(8), it is necessary that the city adopt appropriate land development regulations
governing approval of junkyards and recycling centers: In order to allow sufficient time to
adopt necessary land development regulations governing junkyards and recycling centers,
a moratorium effective immediately, is hereby imposed on any land development approvals
and issuance of development orders or development permits, for new junkyards or
recycling businesses or expansion of existing junkyards or recycling businesses within the
44
city. This moratorium shall exist for one year from the effective date of November 21, 2016,
unless rescinded earlier by ordinance of the city council. The city council shall repeal this
moratorium at such time as appropriate land development regulations have been adopted
as provided for herein so that this moratorium shall not continue to exist longer than
necessary. During this moratorium, however, a lawful existing junkyard and/or recycling
business that is located on land in the Dunbar/Belle Vue annexation area may apply for
relocation through the planned unit development process. A permitted "relocation" is
defined during the moratorium period as a discontinuance of existing lawful uses on one
site and a movement of those same uses to a different site zoned Heavy Industrial that the
city council deems as more suitable when the type of use does not change and no
additional uses are added (i.e., junkyard to junkyard, or recycling to recycling, but not
recycling to junkyard plus recycling). It is intended that during the moratorium, no relocation
of a junkyard or recycling business will result in any expansion in the amount of land for
either use; however, additional land that may be required for setbacks, buffers, or surface
water management at the new location may be included in the application. During the
moratorium, the planner engaged by the city to conduct a study of junkyard and recycling
businesses and shall assist city staff in preparation of the required staff report for any land
development approval applications for a relocated junkyard or recycling business. The
purposes of this assistance is to analyze compliance with emerging junkyard and recycling
criteria in the staff report and allow those criteria to be considered by the planning board
and city council when reviewing the relocation application. During the period of time in
which this moratorium is in effect, this subsection will govern development orders
concerning junkyards or recycling centers or expansions thereof. The city will not hold a
referendum in violation of F.S. § 163.3167(8).
a. Existing junkyard identification. Existing junkyards are identified as follows:
1) A&D Scrap Material Inc., 3066 Cranford Avenue, Strap Number 25-44-24-P2-
200170E.001 O;
2) Glen Fox, 4871 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-
P2-2000100.021 A;
3) Glen Fox, 4981 Dr. Martin Luther King, Jr. Boulevard, Strap Number 21-44-25-
P2-2000100.0220;
4) Damron Auto Parts, 5001 Dr. Martin Luther King, Jr. Boulevard, Strap Number
21-44-25-P2-2000100.0230;
5) Allied Recycling Inc., 3770 Veronica S. Shoemaker Boulevard/Palmetto
Extension, Strap Number 29-44-25-P1-00104.0080;
6) P & S Auto Salvage Inc., 3800 Veronica S. Shoemaker Boulevard/ Palmetto
Extension, Strap Number 29-44-P1-00104.008A;
7) Allied Recycling Inc., 3460 Dr. Martin Luther King, Jr. Boulevard, Strap Number
19-44-25-P2-0140A.001 0;
8) Auto Parts Salvage Inc., 2419 Henderson Avenue, Strap Number 19-44-25-P2-
00926.001 O;
9) Affordable Auto Salvage Inc., 3312 Edison Avenue, Strap Number 19-44-25-P2-
00927.0100;
10) Garden Street Iron & Metal Inc., 3350 Metro Parkway; Strap Number 30-44 25-
P4.00108.0000.
b. Existing recycling business operation identification. Existing recycling business
operations are identified as follows:
1) Garden Street Paper Products, 2998 South Street, Strap Number 19-44-25-P4-
20001 0E.0020;
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2) Waste Corporation of Florida, Inc., 4251 Michigan Link, Strap Number 17-44-25-
P3-2000061.0040;
3) C.M. Gray Scrap Metals, 2803 Lafayette Street, Strap Number 19-44-25-P1-
2000315.0100;
4) Reynolds/American Aluminum Recycling, 2203 Cleveland Avenue, Strap Number
24-44-P1-2000402.001 O;
5) Forestry Resources, Inc ., 4259 Michigan Link, Strap Number 17-44-25-P3-
2000061.0020, plus parcels 00061.002A, 00061.0010, and 00061.0030, and
Strap Number 16-44-25-P4-2000300.0280; and
6) Any new recycling business operation permitted after March 18, 2002.
c. Conflicting provisions. Where these regulations conflict with other Land
Development Code requirements, these use standards shall apply.
d. Existing junkyard operations regulated.
1) Existing junkyard operations identified in paragraph a above are prohibited from
expansion.
2) For purposes of this section, the term "expansion" means the physical expansion
or enlargement of the geographic boundaries of a site . Such term shall not mean
additional construction or buildings.
3) Relocation of existing junkyards may be considered by the city council if the
relocation site has a future land use designation of light industrial or heavy
industrial and the relocation site can be shown to improve the visual impact from
the roadways and surrounding properties by observing increased setbacks from
the property lines, utilizing sightproof screening, and improving the traffic
circulation on the road network by utilizing traffic calming measures. The building
and operations shall observe a minimum 250-foot front yard setback and 40-foot
setback from all other yards adjacent to nonindustrial districts. Retail business
activity may be considered within the 250-foot setback area and shall be wholly
contained inside a building, with no outside storage of goods or materials . Said
relocation of a junkyard operation with a retail component may be through the
planned unit development process.
e. New junkyards. New junkyards are expressly prohibited.
f. Existing recycling business operations.
1) The existing recycling business operations identified in paragraph b above may
be allowed future expansion through the planned unit development process and
only on property designated as heavy industrial.
2) No existing recycling business operation shall be allowed expansion if the Heavy
Industrial property is within a 1,000-foot radius of property zoned or developed as
residential, educational or recreational, unless it can be shown that the
expansion area will have the effect of reducing adverse impacts on the
residential, recreational or educational zoned or developed property by improving
the views and vistas and by reducing or eliminating vehicular traffic. Possible
expansion areas within a 1,000-foot radius of property zoned or developed
residential, educational or recreational that can meet the above traffic criteria
may be considered through the planned unit development process.
g. New recycling business operations.
1) New recycling business operations shall be permitted through the planned unit
development process only in areas designated heavy industrial as reflected on
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future land use map that is on file in the city clerk's office, and designated as
potential areas for new recycling business operations.
2) New recycling business operations shall be expressly prohibited from being
located within a 1,000-foot radius of property zoned or developed as residential,
recreational or educational.
3) New recycling business operations shall be wholly contained and operated from
an enclosed building. No outside storage of goods, materials or equipment shall
be permitted. A sightproof screening shall be required along all public rights-of
way and along any yard adjacent to a nonindustrial land use or nonindustrial land
use district and shall comply with the following:
a) Such screening shall be a minimum of a ten-foot high, sightproof enclosure,
consisting of a solid fence or wall with a hedge or berm.
b) The solid wall shall be either reinforced masonry, concrete stanchioned-slat
fencing system, or some other substantial material as approved by the
director.
c) When the wall and berm or fence and berm combination is utilized, the solid
wall or fence shall comprise 50 percent of the overall height.
d) All berming shall be 100 percent landscaped with low ground cover such as
juniper, liriope, or lantana, and shall be provided with irrigation in
accordance with section 138-5.
e) Fence or wall columns are required at ten-foot intervals to break up the solid
expanse of wall sections.
f) The maximum height of the solid wall or wall and berm shall not exceed 15
feet.
g) When berms are utilized, maximum slopes of three to one shall be used.
h) The sightproof enclosure shall be set back between 15 feet and 40 feet,
depending on the buffer yard requirement set forth in chapter 138 and shall
be set back 50 feet on arterial streets and 30 feet from all other rights-of
way.
i) A minimum perimeter planting shall be installed along the outside of the
sightproof enclosure and shall consist of a minimum of five shade trees, and
shall be a minimum of 12 feet in height at planting, and 30 shrubs, to be
three-gallon size at planting, per 100 linear feet, or a double row of hedges,
at staggered planting, and a minimum of 48 inches at installation, and shall
be maintained at 60 inches high, and must be a continuous visual screen
within one year after the time of planting, or some other comparable planting
scheme approved by the community development director.
j) The location of the solid wall and required vegetation shall be subject to the
visibility at intersection requirements of chapter 134.
h. Mandatory supplemental regulations. The following use regulations are applicable
to existing junkyards, existing recycling business operations, and new recycling
business operations:
1) Maintenance of the required perimeter planting area shall be the responsibility of
the property owner. If any plant materials die, they shall be replaced within 60
days so that the required number of trees and shrubs are always maintained.
The landscaping shall be maintained, fertilized, including use of appropriate
pesticide and weed control application, and sprinklered twice weekly in the
months of October through May, and once weekly in the months of June through
September. An efficient irrigation system shall be provided. Use of xeriscape
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principles, native species, ground cover and mulch is encouraged. The planting
area shall be kept clean and free of litter, trash and debris with cleanup in 24-
hour intervals.
2) No materials are to be visible above the solid wall from eye level (six feet above
grade} at the adjoining road pavement edge. This is not applicable for new
recycling business operations which are wholly contained and operated from a
building.
3) The operation of equipment or processing of materials shall be limited to the
hours of 7:00 a.m. and 5:00 p.m. on weekdays, 7:00 a.m. and 5:00 p.m. on
Saturdays, and closed on Sundays when located within 1,000 feet of a residential
or recreational use, excluding new recycling business operations to which this
subsection is not applicable.
4) The number of parking spaces required shall be according to the requirements of
chapter 134. A minimum of five paved parking spaces shall be provided, plus
necessary loading spaces and access for emergency vehicles shall be provided
in accordance with the requirements of the Land Development Code.
i. Amortization program for screening existing junkyards and recycling business
operations. An amortization program to screen existing junkyard operations and
existing recycling business operations identified in subsections a and b above shall be
as follows:
1) All city permit fees due as a result of this amortization program are waived.
2) The amortization program shall be completed within 12 months from March 18,
2002.
3} The previously required sightproof enclosure shall be reinforced,
rebuilt/stabilized, and repainted, as necessary, as determined by the director.
4} A minimum perimeter planting along all street frontages shall be installed at a
minimum number of plantings of five shade trees, shall be a minimum of 12 feet
in height at the time of planting, and 30 shrubs, to be three-gallon size at
planting, per 100 lineal feet, or a double row of hedges, at staggered planting, a
minimum of 48 inches at installation and maintained at 60 inches high, and must
be a continuous visual screen within one year after the time of planting, or some
other comparable planting scheme approved by the community development
director.
j. Administrative relief. Where environmental concerns or physical constraints make
compliance impossible, an administrative variance may be recommended by the
community development, permit and inspection, planning and director, and the
director of the public works department jointly, and approved by the community
development director.
k. Appeals. Where the applicant feels aggrieved by the decision of the community
development director, such appeal shall be taken not more than 30 days from the date
of the decision of the community development director, by filing with the community
development director a notice of appeal on forms provided by the city. Every appeal
shall refer to the specific provision involved and shall set forth the interpretation that is
claimed . Within 30 days of receipt of the notice of appeal, the city council shall, at a
public meeting, determine reverse, or affirm wholly or partly, or may modify the order,
requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as ought to be made; and to that end, shalt
have the powers of the community development director from whom the appeal is
taken.
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2. Warehousing, storage and wholesale operations. No individual structure or group of
structures located upon a lot or contiguous lots under one ownership shall contain more
than 10,000 square feet of gross floor area devoted to these types of uses; and cold
storage plants, frozen food lockers, truck terminals, ice storage houses, fish houses and
storage houses containing noxious materials are prohibited.
3. Outdoor storage yard (principal use). All areas used for outdoor storage shall be on a
compacted surface acceptable to the engineering division and screened along all street
frontages in accordance [with] the requirements in section 118.3. 7 Outdoor storage and
display.
4. Prohibited uses in industrial districts. Establishment of any of the following uses is
expressly prohibited:
a. Abattoirs.
b. Acid manufacturing.
c. Creosote treatment or manufacturing.
d. Fertilizer manufacturing.
e. Gunpowder, fireworks or other explosive manufacturing.
f. Junkyards.
g. Mineral excavation or refining.
h. Paper or pulp mills.
i. Poison or toxic gas manufacturing.
j. Portland cement manufacturing.
k. Slag or rock crushing.
I. Stockyards.
m. Private wastewater facility.
n. Any other use, the operation of which may be noxious, offensive or injurious to
persons or properties of this community by reason of the emission of excessive
amounts of odor, dust, particulate matter, smoke, gas, fumes, noise, refuse matter,
vapors, vibrations or other substances or conditions.
118.3.4 -Accessory Uses and Structures.
A. General. Accessory uses and structures shall be consistent with all standards in the district for
the principal use, except as expressly set forth below.
1. Accessory uses and structures shall be accessory and clearly incidental and subordinate to
a permitted principal uses. An accessory use or structure in a residential district shall
occupy no more than 30 percent of the gross floor area of the principal use or structure. An
accessory use or structure shall only be allowed when a principal use exists.
2. Accessory uses and structures shall be located on the same lot as the permitted use or
structure.
3. Accessory uses and structures shall not involve operations or structures not in keeping with
the character of the primary use or principal structure served.
4. Accessory uses and structures shall not be of a nature likely to attract visitors in larger
numbers than would normally be expected, where applicable.
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5. Accessory uses and structures shall contribute to the comfort, convenience or necessity of
occupants of the primary use served.
6. Tractor trailers are prohibited as storage buildings or structures except as permitted on an
active construction site.
7. The setbacks for accessory structures, excluding detached garages, shall be the same as
those required for buildings in the district in which they are located. In no instance shall
accessory buildings or structures be located within the front setback area of the principal
building or front half of the lot. In no instance may an accessory structure setback be
reduced to less than five feet.
B. Garage apartment. Garage apartments are only permitted in the Dean Park Historic District
(see section 98.4.6, Nonconforming uses of structures and premises).
C. Home business. The following criteria shall be employed to determine a valid home business
and all the conditions must be complied with as set forth below:
1. All home businesses operated in or from a residence shall comply with federal, state and
county rules and regulations, city license regulations and other applicable ordinances of
the city.
2. One other person, other than the license holder or members of the immediate family
residing in the residence, may be employed for a salary, commission or upon any other
remunerative basis .
3. No condition shall be permitted which tends to cause or increase the fire hazard to the
residence, such as storage of paints or other flammable materials in excess of normal
family use.
4. No storage of materials, business equipment, trailers or supplies shall be allowed outside
the residential structure, nor shall any indoor display of materials, business equipment or
supplies be visible from the outside of the residence; and no home business shall occupy
more than 15 percent of the living area of the structure.
5. Home businesses shall not generate pedestrian or vehicular traffic beyond that which is
reasonable to the use of the property for residential purposes.
6. The appearance of the structure or premises shall in no way be altered for the conduct of
home businesses, nor shall the conduct be such that the structure may be recognized as
serving a nonresidential use either by color, materials, construction, lighting or hours of
operation. One minimum size sign only, as required by state or federal regulations, may be
permitted to be mounted on the structure.
7. Home businesses shall not be construed to include barbershops, beauty shops, tearooms,
restaurants, dress shops, commercial kennels, dance studios, repair shops, carpet
cleaning services or any other similar uses.
D. Domestic television and radio mast-type antennas, and satellite earth station (dish)
antennas.
1. The specifications as provided below shall apply to radio and television receiving
equipment for domestic installations, provided that the provisions shall not apply to
amateur radio stations operating under a license issued by the Federal Communications
Commission, and equipment and antennas used for coupling carrier-current power line
conductors.
2. Any mast-type antenna exceeding 30 feet of extended height shall require a permit. No
permit is required for antennas 30 feet or less in height, but all antennas and antenna type
structures shall meet the following requirements:
a. The complete installation shall be in accordance with the latest edition of the National
Electrical Code and Florida Building Code.
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b. In all residential districts, no mast shall be placed within the front yard (setback) of any
building. Masts shall be located to the side or rear of the building.
3. All dish antenna installations over two feet in diameter shall require a permit and shall meet
the following criteria:
a. Within all districts, except residential:
1) All dishes shall conform to setbacks required in the district in which such dishes
are located.
2) No dish antenna shall be installed within the front yard setback in the CG District.
3) No dish shall be installed where it would interfere with visibility at driveways,
roads or intersections as required in chapter 134.
4) Any dish over 13 feet in diameter shall have detailed installation plans, sealed by
an architect or engineer registered in the state, and only a general contractor
licensed in the city shall erect such antenna.
b. Within residential districts:
1) No dish antenna shall be installed on the street side of any lot. Dish antennas
shall be adequately screened from view by either a vegetative hedge, shrubbery
or fencing to prohibit their visibility from any street.
2) All dishes shall conform to setbacks required in the district in which such dishes
are located.
3) No dish antenna exceeding 13 feet in diameter shall be allowed in residential
districts.
c. In general:
1) Dish antennas that are roof mounted shall be mounted so that they will not be
visible from the street and shall be certified by a state registered architect or
engineer as to wind and roof load.
2) Advertising or identification on the dish shall be limited to the manufacturer's
nameplate, not to exceed six square inches in area.
E. Boats and other waterborne vessels.
1. This section shall apply to all waters within and adjacent to the city.
2. Boats and other waterborne vessels may be docked at an owner's residence in a
residential neighborhood, but may not be docked for living or sleeping purposes. Such
boats or other waterborne vessels, except for sailing vessels, shall have a working source
of power sufficient to control the vessel in the event of adverse weather conditions.
3. Any boat or waterborne vessel docked for habitation or sleeping purposes shall only be
docked at a public or licensed private marina and shall be equipped with sanitary facilities
approved by the United States Coast Guard.
F. Docks.
1. Applicability. All docks which are proposed to be constructed, added to, repaired, or
structurally altered shall be regulated by the provisions contained below, as well as all
other applicable provisions of the Land Development Code.
2. Permit required. Any dock proposed to be constructed, added to, repaired or structurally
altered shall first obtain a permit from the appropriate state and federal agencies, if
necessary, as well as a permit from the city in accordance with applicable regulations, and
written consent of the bottom owner.
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3. Residential dock construction guidelines. The following guidelines shall govern the
construction of residential docks:
a. No structure or part of the structure shall exceed a height of three feet above the top
of the seawall.
b. Where no seawall exists, the height shall be measured from an elevation that is the
average of the tops of the closest seawalls on either side of the property. Boat davits
will be allowed if not over eight feet in height, no more than ten inches in the widest
cross section dimension, not above a height of 48 inches above the top of the seawall,
and are located in the center one-third of the property's river frontage.
c. Roof covers will be allowed on docks, wharfs or piers in residential districts if all sides
are open, except for support columns and if the dock is located in the center one-third
of the property's river frontage.
d. No residential docking facility shall exceed a distance of 200 feet from the shoreline.
Any dock facility beyond said distance shall require a conditional use.
e. No more than one dock shall be permitted per parcel.
118.3.5. -Temporary or Mobile Uses and Structures.
A Applicability. Certain uses and structures are temporary or mobile in character. They vary in
type and degree, as well as length of time involved. Such uses and structures may have little
impact on surrounding and nearby properties or they may present questions involving potential
incompatibility of the temporary use or structure with existing uses. Unless otherwise specified
elsewhere in this Land Development Code, the following regulations shall govern temporary
uses and structures
B. Permit required. No temporary or mobile use or structure shall be established or maintained
unless a permit for the compliance of such use with the provisions of this Land Development
Code shall have first been issued in accordance with the provisions set forth below.
C. Fee required. Any person or entity requesting to conduct temporary use on private land shall
complete a temporary use application and pay applicable fees. Private events held by a resident
of a single-family residence on property with a RS-District are exempt from these provisions,
including use of tents.
D. General requirements.
1. All temporary or mobile uses shall meet the appropriate requirements of the building code,
electrical code, fire (life safety) code and plumbing code.
2. All temporary or mobile uses are prohibited unless applications for all required permits
have been submitted and fees paid five business days in advance of the first day of the
event, and the permit is issued in compliance with all code requirements. Applications for
carnivals must be applied for and fees paid at least 30 days in advance of the first day of
the event.
3. A copy of the completed application shall be provided to the city councilperson
representing the ward where the event is to be held.
4. The community development director and police chief shall review and grant approval of
temporary or mobile use application.
5. Exceptions to the advanced five-day or 30-day requirement due to unforeseen time
constraints may be granted by the community development director with concurrence of
the police chief and shall be subject to double fees.
6. Governmental entities are exempt from the requirements of this section.
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7. Temporary or mobile uses are allowed in specified districts, provided required parking for
the primary use is not blocked off for such activities and written, notarized consent from the
property owner is provided to the city.
8. Approval of a temporary or mobile use may be withheld by the city due to an apparent or
past record of adverse impacts to the surrounding neighborhood. An appeal of the decision
by the city is to the board of adjustments and subject to the provisions of section 98.3.7.
9. Temporary events are temporary in nature and valid for only the dates as specified on the
permit.
10. Mobile uses are designed to be transportable such as a cart or a vehicle.
E. Permitted temporary uses or events. The following temporary uses or events are allowed in
the frequency and in accordance with the requirements stated below.
1. Special events. The term "special events" shall mean an event held on public land or held
in or at a public facility or a combination of both public land and public facility. Any person
or entity requesting to conduct a special event on public land, not totally within a facility,
shall follow provisions in the city's special events handbook. Special events totally
contained within a public facility are exempt from the city's special events handbook and
are subject to the facilities event fee structure.
2. Fundraising, entertainment events. Events such as fundraising, entertainment, carnivals,
arts and crafts festivals, fireworks, Christmas tree or pumpkin sales are allowed at a
specific location for 90 days per calendar year in the CG, Cl, IL, IH, district, urban core,
urban center, and urban general districts. This does not include businesses selling goods
customarily sold at a business location. Such activities may be permitted in other districts
than those listed above for a period not to exceed 60 days per calendar year and shall be
limited in hours of operation to 8:00 a.m. to 10:00 p.m. All carnivals must have written
approval of the councilmember in whose ward the event is to be located and must obtain a
temporary occupational license.
3. Off-site sales. Outdoor sales of goods by a business at a place other than the normal
place of business, which owns or operates an ongoing licensed business with a fixed
facility in the county may be permitted on property within the CG, Cl, IL, and IH districts for
a period of time not to exceed 30 days per calendar year.
4 . On-site sales. Outdoor sales of goods by licensed businesses at their permanent location
are permitted for a period of three days with a minimum of 30 days between sales.
a. Food vending carts or trucks in conjunction with a permitted temporary use or
event. Food vending carts or trucks approved by the county health department and
the fire marshal may be permitted in conjunction with a permitted temporary use and
must obtain a temporary occupational license.
F . Permitted Temporary or Mobile Facilities. The following temporary or mobile facilities may be
permitted in accordance with the following criteria.
1. Food vending carts and trucks not used in conjunction with a permitted temporary
use or event. All food vending carts or trucks must be approved by the county health
department. Approval by the county health department must be submitted to the director,
as well as compliance with the following conditions, prior to issuance of an occupational
license:
a. Applicability. Food vending carts or trucks are a permitted use in the CG, Cl, IL, and
IH districts.
b. Notarized letter. The applicant shall provide a notarized letter from the property
owner giving permission for the use of the property.
c. Code compliance.
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a} All food vending carts, trucks, vans and trailers shall be built in compliance with
all applicable codes and shall be located in an area which does not detract in any
way from visibility at intersections, block or cause blockage of any driveway, fire
lane or fire hydrant, or cause any parking problem affiliated with any usage or
patronage of the food vending cart, truck, van or trailer.
b} The fire marshal shall inspect a temporary food vending cart, truck, van or trailer
prior to issuance of the occupational license. The temporary food vending cart,
truck, van or trailer shall be maintained in working order and shall not create an
adverse view or vista.
d. Site plan required.
1} A site plan shall be submitted showing the layout of the area, including the
location of food vending carts, trucks, vans, trailers, parking spaces, aisle ways
for pedestrians and any seating area. All carts, trucks, vans or trailers shall be
located on an approved surface. The dimensions for setbacks shall be
determined by the Community Development Director depending on the district
where the vending cart, van or trailer is to be located.
2) All temporary food vending carts, trucks, vans or trailers shall be located in areas
which do not detract in any way from visibility at intersections, block or cause
obstruction to any driveway, fire lane, or fire hydrant, or cause any parking
problem affiliated with any usage or patronage of the food vending cart.
e. General requirements.
1} Support equipment and accessories shall not be placed around a temporary food
vending cart, truck, van or trailer during operation and shall not extend more than
three feet from the edge in any direction.
2} No temporary food vending cart, truck, van or trailer shall be placed within public
rights-of-way.
3} Temporary food vending carts, trucks, vans or trailers shall be removed each
evening.
4) Food vending carts, trucks, vans or trailers are temporary in nature, vesting no
permanent rights, and the license to operate may be revoked for any reason by
the community development director upon 30 days notice or without notice if the
cart poses a health safety or welfare violation. The license may be revoked for a
violation of any provision of this section or other applicable regulations.
5) Responsibility for sanitary facilities for employees rests with the business tax
receipt holder.
f. Movement of facility. If a food vending cart, truck, van or trailer is moved from either
its designated place of business or its designated place of storage, the operator must
notify the fire marshal in writing. In addition, a satisfactory inspection is required for
the new location, including payment of any required fees for an inspection at the
newly designated place of business and for an inspection at the newly designated
place of storage.
g. Transfer of permit. Permits will be issued for individual carts, trucks, vans or trailers
at specified locations and will be nontransferable. Change in ownership of a cart,
truck, van or trailer, or location shall require the owner to apply for a new permit.
Permits and licenses are issued to individual temporary food vending carts, vans or
trailers for specific locations and are not transferable.
h. Number. There shall be no more than one temporary food vending cart, truck, van or
trailer located within 150 feet of another temporary food vending cart, van or trailer.
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No individual temporary food vending cart, truck, van or trailer shall exceed 400
square feet in size.
i. Signage. Advertising signs may be permitted upon the temporary food vending cart,
truck, van or trailer and not on the sidewalk or street area.
j. Alcohol. No alcoholic beverages are to be sold or consumed from temporary food
vending carts, trucks, vans or trailers.
2. All other vending carts. All other vending carts, vans, trucks, trailers, wagons and the
like, used for, but not limited to, the sale of flowers, souvenirs or paintings, and which are
not part of a permitted special event or temporary outdoor activity are prohibited, except if
granted by the city council.
3. On-site temporary signage. On-site temporary signage, including use of banners, shall
be allowed for the duration of the temporary use and shall not require a permit. The
location of the signage shall comply with the requirements set forth in subsection 126-91 (c)
and shall not create a nuisance or hazard to public safety.
4. Trailers, semi-trailers, boat trailers, and RVs. It shall be unlawful to use any trailer,
semi-trailer, boat trailer or recreational vehicle (RV) for the purpose of an office or
business headquarters, or for the conduct of any business activity in the city, except as
specified below.
a. A temporary permit may be issued by the community development director for a
period not to exceed six months or upon approval of the city council for periods
exceeding six months to permit a trailer, or mobile office unit to be used to allow
business continuation during a major renovation program of an existing building or
when a building loss is caused by fire or an act of nature, provided that the unit meets
all necessary state and City Code pertaining to tie-downs, electrical and plumbing. All
temporary permits issued will be valid from the date of the renovation permit issuance
until seven calendar days after issuance of the certificate of occupancy or any
termination date set by the director or city council.
b. A trailer, semi-trailer or container may be used for loading or unloading purposes for a
period not to exceed two days in a residential district or seven calendar days in any
other non-industrial district. A trailer, semi-trailer or container may be parked or placed
in an industrial district for loading, unloading and storage purposes.
c. In CG, Cl, IL, and IH districts the following shall apply:
1) A fully enclosed trailer, semi-trailer or cargo container approved by the director
may be used for storage purposes for a period of time not to exceed 120 days in
any 12-month period. A permit shall be obtained from the community
development department in order to utilize the trailers or containers. Along with
the building permit, the applicant shall also provide five copies of a site plan
showing the proposed location and size of the trailers and containers. A
representative from the community development, planning and public works
departments shall review and approve the plan before a permit is issued.
2) If the plan is approved, there will be a $500.00 fee charged each month per
trailer or container for up to four months.
3) After the first 12-month period, an applicant may reapply for a permit for another
four months maximum. There is a maximum two-year period established for the
temporary use of trailers and containers. No more permits will be issued after
that date.
d. A boat trailer or recreational vehicle may be parked or stored in the side or rear yard
of the owner's residence or place of business, provided that it shall not be used for
sleeping purposes or any purpose which violates the provisions of this section or any
other applicable provision of the City Code.
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e. In the IL or IH district a mobile home may be used for the purpose of an office or
business headquarters except when the property is adjacent to a collector or arterial
roadway.
5. On-site temporary buildings or structures, and mobile offices.
a. Temporary buildings or structures, or mobile offices required for a construction project
of any kind shall be permitted in every district on the same site where the new project
is located, provided that such buildings or structures shall be removed from the site
immediately upon completion of the project.
b. Accessory structures such as mobile homes or offices shall be permitted in
conjunction with a temporary use the duration of the temporary use for office
purposes. Use of accessory structures for living purposes is prohibited. Any such
office use shall require toilet facilities, with a signed maintenance contract.
6. Model homes. Model homes may be permitted in any district and are subject to the
following requirements.
a. One sign per model home. The sign shall not exceed 12 square feet, and shall be
used for temporary identification/sales purposes.
b. Time limit on approval shall be five years maximum or the completion of lot sales in
the subdivision, whichever comes first. A one-time extension of approval (up to three
additional years) may be granted by the board of adjustments.
c. Parking areas must be able to accommodate four cars. Parking areas may be
provided at a central sales facility parking lot, or in driveways. Parking may be
reduced to two spaces per model when there is more than one model, models are
centrally located, and sidewalks connect the models. The reduction to two spaces
must be reviewed and approved through the administrative review process.
d. Security bond required shall be $3,500.00.
e. Limited hours of operation shall be from 8:00 a.m. to 6:00 p.m., seven days a week.
f. Outside lighting is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
g. For security lighting, two lights shall be permitted, one in the front and one in the rear
of the building.
h. Model homes shall be used exclusively for display purposes and lot sales within the
subdivision only. No construction offices or other business offices are permitted.
118.3.6 -Reserved.
118.3.7 -Outdoor Storage and Display.
A. Purpose. The purpose of this section is to provide reasonable limits on the outside storage and
display of merchandise in conjunction with a permitted principal use in a base district. These
standards ensure that such display and storage contribute to the normal activities of a use while
not creating a public health or safety hazard or a nuisance.
8. Applicability.
1. Any merchandise, material or equipment situated outdoors in a commercial or industrial
district shall be subject to the requirements as set forth below. Outside storage and display
shall not be permitted in a residential or open space district.
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2. The outdoor sale, lease or rent of motor vehicles as part of a properly permitted use shall
not be considered "merchandise, material or equipment" and is not regulated by this
section and shall be subject to subsection 118.3.3.C.12, Vehicle sales, lease, or rental.
C . Allowed outside storage and display. Outdoor storage and display is allowed by district as
designated below. Outside storage and display may be allowed in a district not specifically
designated in accordance with the conditional use process (see section 98.3.8).
NC CG
--------
Outdoor Display ■ ■ ■ ■
Ou tdoor Storage, Limited ■ ■ ■ ■
Ou tdoor Storage, General I ■
D. Categories of outside storage and display. Outside storage and display is classified as
follows.
1. Outdoor display.
a. Outdoor display is the outdoor display of products actively available for sale. The
outdoor location of soft drink or similar vending machines shall be considered outdoor
display. Outdoor display shall not include merchandise or material in boxes, in crates,
on pallets or other kinds of shipping containers (such merchandise shall be
considered limited outdoor storage).
b. Outdoor display shall be permitted in association with any nonresidential use (in
accordance with subsection C above) following review and approval of a site plan
illustrating the extent of the permitted area for outdoor display provided it meets the
standards below.
1) Outdoor display shall be removed and placed inside a fully-enclosed building at
the end of each business day.
2) Outdoor display shall be permitted adjacent to the building facade and shall
extend no more than eight feet from the facade.
3) Outdoor display shall be located no closer than five feet from any public
entrance.
4) Outdoor display shall occupy no more than 30 percent of the horizontal length of
the building facade.
5) Outdoor display shall not impair the ability of pedestrians to use the sidewalk or
parking areas.
c. No outdoor storage or display is permitted within any required buffer area or
foundation planting area.
2. Outdoor storage. Outdoor storage is more intensive than outdoor display. Outdoor
storage is not normally brought indoors overnight. Outdoor storage is broken in two
categories as follows:
a. Limited outdoor storage.
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1) Limited outdoor storage is the overnight outdoor storage of vehicles awaiting
repair, RV and boat storage at a self-service storage facility, merchandise or
material in boxes, in crates, on pallets or other kinds of shipping containers,
shopping carts, garden supplies, building supplies, plants, fleet vehicles and
other similar merchandise, material or equipment.
2) Limited outdoor storage is permitted in association with any permitted
nonresidential use (in accordance with subsection C above) following review and
approval of a site plan illustrating the extent of the permitted area for limited
outdoor storage provided it meets the standards below.
a) Limited outdoor storage shall not be more than eight feet in height and 30
percent of the site area and shall be fully screened from public view by a
100 percent opaque, maximum eight-foot high solid fence or wall. Where
located abutting or across the street from a residential district, such fence or
wall shall be high enough to completely conceal all outdoor storage from
view and the appropriate vegetative buffer, as determined in section 138-4,
shall be provided on the exterior of the fence or wall.
b) All limited outdoor storage shall be located at least 15 feet from the public
right-of-way and any abutting residential district. All outdoor storage areas
shall be on a paved surface, unless approved by the public works director.
c) Limited outdoor storage shall be located in the rear yard.
d) and may be located to the side of a building, provided it is not located within
the required side yard or buffer.
e) Vehicles awaiting repair may be stored up to 14 days within the required
screened storage area, provided that no more than two such vehicles shall
be stored overnight at any one time .
3) No outdoor storage or display is permitted within any required buffer area or
foundation planting area.
b. General outdoor storage.
1) General outdoor storage shall be defined as vehicle storage yards, overnight
outdoor storage of shipping containers, lumber, pipe, steel, junk and other similar
merchandise, material or equipment. Special requirements have been
established for junkyards and recycling business operations (see subsection
118.3.3D.1).
2) General outdoor storage shall be permitted in association with any permitted
nonresidential use (in accordance with subsection C above) following review and
approval of a site plan illustrating the extent of the permitted area for general
outdoor storage provided it meets the standards below.
3) General outdoor storage shall be screened by a 100-percent opaque, maximum
ten-foot high solid fence or wall and the appropriate vegetative buffer, as
determined in section 138-4, shall be provided on the exterior of the fence or
wall.
4) All general outdoor storage shall be located at least 15 feet from the public right
of-way and any abutting residential use or residential district.
5) General outdoor storage may be located in the side or rear yard.
6) No outdoor storage or display is permitted within any required buffer area or
foundation planting area.
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118.3.8 -Fences and Walls.
An application for a fence permit shall be submitted to the city. Fences and fence walls may be permitted
under the following regulations:
A. General fence and wall requirements.
1. The use of barbed or electric wire is prohibited in all districts except industrial districts and
below a height of six feet. Razor wire is expressly prohibited in all districts, with the
exception of correctional facilities.
2. All fences, walls, and hedges shall comply with section 134.2.21. Site DistanceNisibility at
Intersections. Permitted fences within the defined area for visibility at intersections must be
70 percent open between a height of two feet and nine feet above the centerline grades of
intersecting streets.
3. The use of slats or fabric on chain link fencing is not permitted, with the exception of
dumpster enclosure gates.
8. 1. Fencing type utilized for the front yard shall be one uniform type of material, style and
color. In the case of a corner lot, both street frontages shall be considered the front yard
and subject to this requirement. The variety of fencing types in all districts is limited to three
different types per parcel.
2. Picket fences may be as tall as 42 inches maximum height above average ground level,
provided they have a uniform void or open area of 50 percent when viewed perpendicular
to the fence. Below is a plan view and elevation of a typical picket fence.
3. Chainlink and wire fencing: All of the following regulations apply to chainlink fencing.
a. Chainlink and wire fencing is prohibited in the front yard and on corner lots where the
side is adjacent to a street in any residential zoning district.
b. Fencing around sports courts (i.e., tennis courts, basketball courts, baseball courts,
volleyball courts, etc.) shall be exempt from the height limitations of this section .
c. All chainlink fences (including all poles, rails, gates, supports and the like), except
those used by single-family dwellings and industrial uses, shall be green, brown or
black plastic or vinyl-coated material only.
d. On waterfront property, chainlink fences may extend to the seawall and project up to
three feet beyond.
r-----
Residential & NC
Maximum Fence Height
Rear Yard
Water Front Yard
,--------
Adjacent to Street
6 ft.
--I
2.5 ft. opaque, up to 6 ft .
70% clear/open
2.5 ft. opaque, up to 6 ft.
70% clear/open
Commercial-Maximum Industrial-Maximum j
Fence Height Fence Height
8 ft. 10ft. I
2.5 ft. opaque, up to 8 ft.
70% clear/open
r 2.5 ft. opaque, up to 8 ft.
70% clear/open I
10 ft. J
2.5 ft. opaque, up to 10 ft.
70% clear/open :J
8 ft. 10 ft. 6 ft. Side (not Adjacent j ~----
59
r--
to Street)
118.3.9 -Screening and Location of Refuse and Recycling Containers and Mechanical Equipment.
A. Applicability. Prior to the issuance of building permit by the city for the construction, renovation
or modification of any development, other than a single-family or duplex development,
provisions shall be made for a permanent location for the storage and handling of refuse, as
well as a separate container for recyclable material. Such arrangement shall provide free
access to containers by mechanized equipment at all times . Acting jointly, the public works
department, the community development department and builder-owner-occupant, as
applicable, shall mutually arrive at a satisfactory arrangement to meet these requirements.
B. Containerized refuse service.
1. Containerized refuse service shall be inaugurated by the city at any commercial
establishment where practical or in the promotion of improving sanitary conditions or
elimination of health hazards . Containers are and shall remain the property of the city.
2. The user is responsible for the protection of containers placed on or adjacent to his
premises .
3. The user shall be held liable to the extent of the cost of repairs or replacement of
containers when damaged by fire, negligence, vandalism or other forms of abuse.
4. It shall be a violation to place used motor oil, liquid cooking oil, grease, chemicals,
putrescible liquids or explosives in any container.
5. Free access to containers at all times shall be provided by the user.
6. The size or number of containers shall be determined by the volume of refuse.
7. Outdoor trash and recycling container areas shall be screened from view from streets,
alleys or adjacent properties using one of the following screening methods :
a. Masonry wall with stucco finish;
b. Stucco wall with landscaping;
c. Dense vegetative hedge; or
d. HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42
inches high or as required to conceal the equipment to the satisfaction of the director.
8 . Vinyl coated chain link fencing cannot be used to meet the screening of dumpsters, except
when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that
instance can be used inside the hedge around the dumpster for security purposes. The
screening shall completely conceal the HVAC, mechanical equipment and outdoor trash
and recycling container.
9. Dumpster enclosures must have a minimum five-foot setback from side or rear property
lines and cannot be located within a required landscape buffer yard. Enclosures must
conform to district setback requirements if along a collector or arterial road. Dumpster
enclosures cannot be located within the required front yard setback.
C. Mechanical Equipment. Prior to the issuance of building permit by the city for the construction,
renovation or modification of any development, other than a single-family or duplex
development, provisions shall be made for the location of any new mechanical equipment.
60
1. HVAC and mechanical equipment shall be screened from view from streets, alleys or
adjacent properties using one of the following screening methods:
a . Masonry wall with stucco finish;
b. Stucco wall with landscaping;
c. Dense vegetative hedge; or
d. HVAC equipment located on flat roofs shall be enclosed by parapets a minimum of 42
inches high or as required to conceal the equipment to the satisfaction of the director.
2 . Vinyl coated chain link fencing cannot be used to meet the screening requirements except
when the dense vegetative hedge option is selected. Vinyl coated chain link fencing in that
instance can be used inside the hedge around the equipment for security purposes. The
screening shall completely conceal the HVAC and mechanical equipment.
D . Administrative deviations. A deviation from these requirements may be considered where
physical constraints or environmental concerns make compliance impossible. The deviation
shall be clearly identified on the site plan, as well as accompanied by any explanation of the
benefits to be obtained from such deviations. The planning manager may approve the
deviations, with the consent of the public works director in accordance with section 98.3.3.
Anyone aggrieved by the decision of the Community Development Director may appeal to the
board of adjustments.
118.3 .10 -Commercial Wireless Telecommunication Facilities.
A. Intent and purpose. The purpose and intent of this section is to accommodate the increasing
communication needs of the community, while protecting the public health, safety and general
welfare. These regulations are necessary in order to facilitate the provision of wireless
telecommunication services to the residents and businesses of the city and minimize adverse
visual impacts and effects of towers through the utilization of careful design, landscaping,
screening, innovative camouflaging techniques, and siting standards.
B. Siting preferences.
1. All new commercial wireless telecommunication facilities shall conform to, and be reviewed
in connection with, the following city siting preferences (listed in descending order of
preference). Applicants shall demonstrate to the satisfaction of the approving authority that
these preferences have been evaluated in the following order of preference:
a. Preference One. For antennas located on city owned buildings and structures, the
applicant must demonstrate that there are no suitable city owned buildings or
structures within a one-mile radius, as identified in subsection E.5.a.1 ).c) of this
section, which would accommodate the facility without unreasonably compromising
the facility's signal reception or transmitting capability, or unreasonably compromising
the communication provider system's capability, as provided in subsection E.5 of this
section.
b. Preference Two. If a facility cannot be located on candidate sites within site
preference one above without unreasonably compromising the communication
provider system's capability, the city will next consider sites for antennas located on
non-city owned buildings and structures.
c. Preference Three. If a facility cannot be located on candidate sites within site
preference one or two above without unreasonably compromising the communication
provider system's capability, the city will next consider sites for towers located on city
owned property.
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d. Preference Four. If a facility cannot be located on candidate sites within site
preference one, two or three above without unreasonably compromising the
communication provider system's capability, the city will next consider sites for towers
located on industrially designated property.
e. Preference Five. If a facility cannot be located on candidate sites within site
preference one, two, three or four above without unreasonably compromising the
communication provider system's capability, the city will next consider sites for towers
located on any eligible property.
2. The approving authority of the city may require opinions from suitable engineers or other
learned professionals or experts when evaluating siting preferences.
C. Permitted and conditional uses.
1. Commercial wireless telecommunication antennas mounted on existing towers, buildings
and other structures are permitted uses in all zoning districts.
2. Radio, telephone, and television transmission towers and facilities (commercial} are
permitted uses in the light industrial (IL} and heavy industrial (IH} zoning districts.
3. Commercial wireless telecommunication facilities are conditional uses in all residential
zoning districts (RS-and RM-}, and professional office districts (PO}.
4. Radio, telephone, and television transmission towers and facilities are conditional uses in
commercial districts CG and Cl, and recreation district (REC}.
D. Additional placement restrictions. The only towers allowed in the residential zoning districts
(RS-and RM-} are towers supporting commercial antennas and conforming to all applicable
provisions of this section, and shall be allowed only in the following locations:
1. City owned parcels;
2. House of worship sites, when appropriately camouflaged to blend into the facility's
character (e.g., steeples, bell towers, etc.};
3. Cemeteries, when appropriately camouflaged to blend into the facility's character.
E. Additional application submittal requirements. In addition to the information required
elsewhere in this section, permit applications for towers shall include the following supplemental
information:
1. Report. A report from a qualified licensed professional engineer, which:
a. Describes the tower height and design, including a cross section and elevation;
b. Documents the height above grade for all potential mounting positions for collocated
antennas and the minimum separation distances between antennas;
c. Describes the tower's capacity, including the number and types of antennas that it can
accommodate
d. Documents what steps the applicant has taken, or will take, to avoid interference and
obstruction with established or proposed public safety telecommunication facilities;
e. Documents that the tower and/or antennas have been designed to withstand
sustained wind speeds of 130 miles per hour, in accordance with the Florida Building
Code, as locally amended, whichever is greater;
f. Includes an analysis and/or other data and/or documentation that certifies that, in the
event of a catastrophic failure, fall, or collapse of the tower, said tower would fall or
collapse within the collapse zone of the proposed tower;
g. Includes an engineer's signature, seal and registration number; and
h. Includes other information necessary to evaluate the request.
62
2. Letter of intent. For all commercial wireless telecommunication service towers, a letter of
intent, committing the tower owner and his successors to allow the shared use of the tower
if an additional user agrees , in writing, to meet reasonable terms and conditions for shared
use.
3. Balloon test.
a. For a conditional use, the applicant shall submit documentation of having conducted a
balloon test, together with a visual impact analysis of the test. The purpose of this test
is to assist the approving authority in determining the aesthetic impact of a tower and
its antennas.
b. Such test shall consist of the flying of a balloon, which is the same color as the
proposed tower and a minimum of four feet in diameter, anchored to the ground so
the balloon flies at the same height and location as the proposed tower . The balloon
shall be flown continuously each day between the hours of 8:00 a.m .-11 :00 a.m. for
three consecutive days. Such test shall comply with any and all Federal Aviation
Administration (FAA) and emergency medical service helicopter service rules,
regulations, and notifications.
c. Such test shall be conducted prior to the required planning board public hearing.
Notice of such test shall be sent to the surrounding property owners within 300 feet of
the site, in accordance with the public notice requirements prescribed in the
conditional use application. Said notice shall include a statement of what specific days
and hours the balloon will be flown and alternative dates and hours in the event of
inclement weather, as well as the planning board's public hearing date, time and
location.
d. The applicant shall provide documentation of the balloon test to the planning board
and board of adjustments. The documentation shall include photographic and/or video
evidence depicting the balloon and its relationship and proximity to the neighboring
properties, buildings and uses. The photographs/video may be accompanied by a
corresponding written visual impact analysis and any other bona fide documentation
or evidence the applicant feels may assist the approving authority in determining
visual impact.
4. Aesthetic effects, devices and techniques. The purpose of this subsection is to assist
the planning board and board of adjustments, as part of a conditional use request, in
determining whether or not a proposed tower is camouflaged and/or concealed
appropriately in a given area; therefore, the applicant shall submit the following
documentation:
a. A colorized pictorial representation, artist rendering, or similar representation, drawn
to scale;
b. Design specifications of the various proposed techniques (if drawings, plans and/or
other graphic representations are included, they shall be drawn to scale); and
c. A corresponding statement explaining what the nature and character of the area is
within which the tower is proposed with respect to land use, surrounding environment,
building heights and design, and how the proposed camouflaging and/or concealment
agents will blend in and harmonize with the nature and character of the area.
5. Collocation requirements. All commercial wireless telecommunication towers erected,
constructed, or located within the city shall comply with the following requirements:
a. New commercial telecommunication service towers.
1) A proposed new commercial telecommunication service tower shall not be
approved by the city unless the applicant demonstrates to the satisfaction of the
board of adjustments, or the director for permitted structures, that the
telecommunications equipment planned for the proposed tower cannot be
63
accommodated on an existing or approved tower or building, regardless of
municipal boundaries and due to one or more of the following reasons:
a) The planned equipment would exceed the structural capacity of the existing
or approved tower or building, as documented by a qualified and licensed
professional engineer, and the existing or approved tower cannot be
reinforced , modified, or replaced to accommodate the planned or equivalent
equipment at a reasonable cost.
b) The planned equipment would cause interference or obstruction, materially
impacting the usability of other existing or planned equipment at the tower or
building, as documented by a qualified and licensed, if applicable,
professional and the interference cannot be prevented at a reasonable cost.
c) Existing or approved towers and buildings within a one-mile radius cannot
accommodate the planned equipment at a height necessary to function
reasonably, as documented by a qualified and licensed, if applicable,
professional.
d) Other reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building, as documented by a qualified and licensed, if applicable,
professional .
2) Verifiable evidence from the applicant of the lack of space on existing towers,
buildings or other structures to locate the proposed antenna within the one-mile
search radius, as identified in subsection E.5 .a.1 ).a) of this section, or the siting
preferences identified in subsection B of this section shall be supplied at the time
of application for a new tower.
6. Proposed commercial wireless telecommunication service towers.
a) Any proposed commercial wireless telecommunication service tower shall be
designed structurally, electrically, and in all other respects to accommodate antenna
arrays as follows :
Tower Heights
r
Greater than 161 feet
101-161 feet
Less than 101 feet
Number of Arrays
3 _J
2
I
1 I
b) Towers must be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at varying heights.
7. Notice. In order to provide the maximum opportunity for other providers to collocate on a
new tower, the applicant shall provide notice to all other potential wireless
telecommunication users of the new tower, offering an opportunity for collocation. If
another potential user requests collocation, the request shall be accommodated, unless it
can be documented as outlined in subsection E.5.a.1 ).a). of this section that collocation is
not possible.
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8. Map. In order to encourage collocation of facilities, the city shall maintain a map of all
existing towers on which an antenna has been located. To prepare and maintain such a
map, at the time of its first application after June 15, 1998, each applicant for a tower
and/or antenna shall provide the city with an inventory of all the applicant's existing towers
and antennas that are located in the city and within one mile outside the city limits. The
inventory shall specify the location, type and design of each tower, the ability of the tower
to accommodate additional antennas, and, where applicable, the height of the support
structures on which the applicant's existing antennas are located. This information shall be
available for public use in encouraging the collocation of antennas on existing tower
facilities. By requiring and using this information, the city is in no way representing or
approving such sites as available or suitable.
F. Additional standards and criteria for review.
1. The board of adjustments shall consider and weigh the aesthetic impact and compatibility
issues with the public benefit derived from having efficient and reliable wireless
telecommunications systems when determining whether or not to approve the application.
2. In addition to general review criteria, in order to be approved, towers and antennas shall be
designed, as determined by the board of adjustments, to blend into the surrounding
environment through the use of color, texture, and/or camouflaging architectural treatment,
or by reason of existing conditions, to minimize its visual intrusiveness and negative
aesthetic impact. When considering approval of an application, the board of adjustments
shall review such application with consideration of the following factors:
a. Whether the tower will be readily visible and whether the proposed facility/tower will,
as determined by the board of adjustments, unreasonably interfere with the view from
any public park, historic building or district, or scenic river view;
b. The type of the tower, the shape and width of the facility relative to its height, and the
color, texture, and reflectivity of materials, with neutral colors and nonreflective
materials being given preference, except in instances where the color is dictated by
federal or state authorities such as the Federal Aviation Administration;
c. The type of antennas proposed for the tower, with narrow profile antenna arrays being
given preference, if feasible;
d. The nature of uses on adjacent and nearby properties and the relationship of the
proposed facility to the character and scale of surrounding structures and uses, with
preference being given to sites adjacent to nonresidential uses;
e. On-site and surrounding tree coverage and foliage;
f. The effectiveness of the use of screening and concealment devices and techniques,
including but not limited to the use of structural camouflaging, buffer walls, opaque
fencing and landscaping.
G. Tower design and construction requirements. New or replacement towers shall meet the
following design and construction requirements:
1. The base of the tower, anchors, and any accessory facility or building shall be substantially
screened from view from public streets and adjoining and nearby protected residential
properties with a combination of evergreen and deciduous trees and shrubs, with
recognition of CPTED principles, except when the board of adjustments determines a
design of nonvegetated screening better reflects and complements the architectural
character of the surrounding neighborhood. The use of all types of barbed wire or razor
wire is prohibited.
2 . All ground-mounted commercial wireless telecommunication service towers shall be of a
monopole or camouflaged design unless it can be evidenced by the applicant and
approved by the board of adjustments that an alternative design would better blend into the
particular surrounding environment.
65
------
3. With the exception of necessary electric and telephone service and connection lines
approved by the city, no part of any tower, anchoring devices, or guys, equipment, or
wires, or braces in connection with either, shall at any time project across or over any part
of a public right-of-way, public street, highway, sidewalk, easement unless agreed to by the
easement holder, or property line.
4. Every tower affixed to the ground shall be designed to discourage climbing of the tower by
unauthorized persons.
5. All ground-mounted commercial wireless telecommunication towers shall be located to
create a collapse zone equal to one-fourth of the tower's height. Such collapse zone shall
be free of all buildings, except for those associated with the commercial wireless
telecommunication facility and those located on the parcel on which the tower is proposed
to be located.
H. Tower setbacks. All towers shall conform with each of the following minimum setback
requirements:
1. Towers shall meet the setback requirements of the underlying land use district.
2. New towers shall be set back from the public rights-of-way by a minimum distance equal to
one-half of the height of the tower, including all antennas and attachments .
3. New antennas may be located on existing towers, poles and other structures in all public
rights-of-way and easements.
4. Towers shall not be located between a principal structure and a public street, with the
following exceptions :
a. In industrial zoning districts, and
b. On sites with public streets on all sides , where towers may be placed within a side
yard that abuts a local street.
I. Tower height. All proposed towers shall conform with each of the following maximum height
requirements:
1. The height of towers shall be determined by measuring the vertical distance from the
tower's lowest point of contact with the ground to the highest point of the tower, including
all antennas or other attachments. When towers are mounted upon other structures , the
combined height of the structure and tower must meet the height restrictions listed below.
2. In all residential zoning districts, the maximum height of any tower, including all antennas
and other attachments, shall be 35 feet. This height limitation shall not apply in the event
the applicant utilizes camouflaging architectural treatments and techniques in constructing
the facility on either city owned parcels or house of worship sites.
3. In all nonresidential zoning districts, the maximum height of any tower not mounted on an
existing building, including antennas and other attachments, shall not exceed one foot for
each two feet the tower is set back from any residential land use district park, historic
structure, or river. However, in no event shall any ground-mounted tower exceed the
following heights:
Number of Array Heights
Three or more levels
I Maximum Height (Feet)
200
Two levels 160 _J
66
One level 100
4. Towers mounted on existing buildings shall comply with the requirements of subsection 0
of this section.
J. Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe
lights, except for aviation caution lights shielded from sight from the ground, unless such lighting
is specifically required by the Federal Aviation Administration, local emergency medical services
or other federal or state authority for a specific tower. All height or greater must be artificially
lighted and maintained pursuant to the technical requirements of the Federal Aviation
Administration's current Advisory Circular 70/7460-1J, Obstruction Marking and Lighting, towers
150 feet above ground level in or other appropriate aviation authority and current edition of
NFPA 70 National Electrical Code and the Florida Building Code, Pamphlet EIA/TIA 222-F,
latest edition. Forty-eight hours before commencing construction of a communication tower, and
within 48 hours after the communication tower construction reaches its maximum height, the
county mosquito control district must be notified. Notice must include the specific location of the
tower. When incorporated into the approved design of the tower, and when in accordance with
all other appropriate portions of this section, light fixtures used to illuminate ball fields, parking
lots, or similar areas may be attached to the tower.
K. Signs and advertising. The use of any portion of a tower for signs other than warning or
emergency information signs is prohibited.
L. Accessory utility buildings. All utility buildings and structures accessory to a tower and/or
antenna shall be architecturally designed, as determined by the board of adjustments, to be
compatible with, and blend into, the surrounding environment and shall meet the minimum
building setback requirements of the underlying land use district.
M. Bi-annual registration and certification.
1 . The owner of a tower shall bi-annually file with the director or his designee, a declaration
as to the continuing operation (with active antennas) of every facility installed subject to
these regulations. Said declaration shall include:
a. A listing of all tower users' names and mailing addresses, and
b. Any additional information deemed appropriate by the city.
2. Every three years, or within 60 days following a catastrophic act of God or other
emergency that affects the structural integrity of the tower, a certification of continued
structural integrity (i.e., a statement that a thorough and complete inspection of the tower
was conducted and the tower and ancillary facilities are and will continue to perform as
originally designed), certified by a qualified and licensed professional engineer, shall also
be filed with the director or his designee.
3. The bi-annual declaration and certification, when required , shall be filed on or before
October 1. Failure to timely file either the bi-annual declaration (registration) or the
certification shall mean that the tower is deemed to be abandoned, unused, or unsafe, thus
subject to the notice of code violations provisions set forth in sections 54-166 and 54-167.
N. Abandoned, unused or unsafe towers. The intent and purpose of this subsection is to
address the compelling public interest in ensuring that towers are promptly disassembled,
dismantled, and removed once they are no longer used. The city council finds that there is
substantial risk that towers may cease being used in large numbers if there is a concentration or
consolidation of competitors within the industry or if even newer technologies arise, obviating
67
the need for towers. In accordance with subsection M.2. of this section, towers that are
abandoned or unused for a period of 12 months, or are unsafe, shall be removed as follows:
1. The director may order that the commercial wireless telecommunication tower be
demolished and removed, based upon determining that the tower is abandoned or unused
for a period of 12 months or is unsafe in accordance with the provisions of the Standard
Unsafe Building Abatement Code, 1985 edition, and the city local amendments thereto, as
revised, relating to notice and hearing.
2. In accordance with chapter 7, recovery of costs of repair or demolition as set forth in the
Standard Unsafe Building Abatement Code, 1985 edition, and the city local amendments
thereto, as revised, the city may recover its costs associated with the demolition and
removal of any such tower.
0. Antennas mounted on roofs, walls, and existing towers.
1. The placement of commercial wireless telecommunication antennas on roofs, walls,
existing towers, and other structures is encouraged. Such requests may be approved
administratively by the director, provided the antenna meets the requirements of this Code,
after submittal of:
a. A site plan and building plan in accordance with this Code;
b. A report, prepared by a qualified and licensed professional engineer, indicating the
existing structure's or tower's suitability to accept the antenna, and the proposed
method of affixing the antenna to the structure; and
c. A copy of an affidavit of lease stating the parties to the lease, the term of the lease
and the consent of the owner of the existing structure or tower to the proposed
placement.
2. Such placements shall comply with the following requirements:
a. No such commercial wireless telecommunication antenna shall be placed on any
residential building of less than four stories;
b. For facilities mounted on an existing building, the tower and antenna must be of a
color that is identical to, or closely compatible with, the color of the building so as to
make them as visually unobtrusive as reasonably possible. In addition, supporting
electrical and mechanical equipment shall be screened from view or be camouflaged;
c. No such commercial wireless telecommunication antenna shall exceed 25 feet in
height from the top of the building, existing tower or other structure;
d. For all commercial wireless telecommunication antennas mounted on an existing
building, the maximum height of the antennas' support structure shall not exceed ten
feet from the top of the building;
e. The diameter of roof mounted dish antennas shall not exceed 6.5 meters
(approximately 21 feet), provided that no such antenna shall be visible from front yard
areas and the color, location and design shall blend into and not detract from the
character and appearance of the building and surrounding properties;
f. The diameter of a tower mounted dish antenna shall not exceed four and one-half feet.
P. Interference or obstruction with public safety telecommunications. New
telecommunications facilities shall not interfere with or obstruct existing or proposed public
safety telecommunications facilities. All applications for new service shall be accompanied by a
certification obtained by the applicant from the police chief, fire chief, county sheriff and county
director of emergency management that the tower and ancillary facilities are not expected to
interfere or obstruct existing or proposed public safety telecommunications facilities. The police
chief, fire chief, county sheriff and county director of emergency management shall file any
objections to the application for new telecommunication facilities within 30 working days from
68
the date of their receipt for such a request for certification. The applicant shall provide the city
with a copy of the request for certification, with an affidavit stating the date upon which such
request was submitted to the respective agency. In the event interference or obstruction does
occur with public safety telecommunication facilities, it shall be the responsibility of the owner of
the commercial wireless telecommunication facility creating the interference or obstruction to
make all necessary repairs and/or accommodations to alleviate the problem.
Q. Issuance of building permit.
1. Before the issuance of a building permit, the following supplemental information shall be
submitted:
a. A copy of the Federal Aviation Administration's response to the submitted notice of
proposed construction or alteration, or its replacement, shall be submitted to the
director;
b. A report from a qualified and licensed professional engineer, which demonstrates the
tower's compliance with the appropriate structural and electrical standards;
c. A notice of compliance with section 34-1008, permit for tall structure, of the county
land development code, from the county port authority.
2. Prior to receiving a final inspection by the community development department,
documented certification shall be submitted to the Federal Communication Commission,
with a copy to the community development department, certifying that the
telecommunication facility complies with all current applicable Federal Communications
Commission regulations, or is exempt from the same, for non-ionizing electromagnetic
radiation (NIER).
R. Technical consultants and experts. The city shall have the right to retain independent
technical consultants and experts that it deems necessary to properly evaluate applications for
commercial wireless telecommunication facilities and to charge a reasonable cost under the
city's billable fee system for such services to the applicant.
S. Commercial wireless telecommunication towers and antennas approved prior to
effective date. All commercial wireless telecommunication towers and antennas legally
approved prior to July 20, 1998, shall be considered permitted nonconforming uses and
structures. However, to encourage the use of existing facilities, such nonconforming status shall
not prevent the placement, modification or relocation of any antenna on any such tower .
ARTICLE 4. -OVERLAY DISTRICTS
118.4.1 -Application of Overlay Districts.
A. This chapter contains overlay districts that are applied by modifying the underlying zoning
through application of the additional provisions below.
B. Not all overlay districts are mapped on the official zoning map. The following overlay districts
are applied at the time of application for a permit based on the specifics of the site and the
development proposal:
1. Emergency management communications overlay; and
2. Environmentally sensitive lands overlay.
118.4.2 -Winkler Avenue.
69
A. Within the Winkler Avenue development district, the following special requirements shall apply
to all property fronting on Winkler Avenue, east of Metro Parkway:
1 . Signage standards.
a. Signage is an integral component of the building and site design and should be
appropriately scaled and consistent in character with the project's overall design.
b. Number of signs: There shall be one sign per facade.
c. Size of signs: A wall or monument sign shall be no greater in size than five percent of
the linear frontage; if two or more streets are involved, the street deemed the
''frontage/entrance" shall apply for measuring the five percent limit. Monument signs
shall not exceed eight feet in height.
d. Project identification/entry signs are permitted in conjunction with the requirements in
section 126-99.
e. Prohibited signs: In addition to those signs prohibited in section 126-91, billboards,
pole signs and promotional inflatable signs are expressly prohibited.
f. Additional signage or modifications to the signage provisions may be considered
through the deviation process referenced below.
2. Special setback. The minimum setback for buildings and structures shall be 80 feet. A
maximum of two rows (one double-loaded aisle) of parking may be located in the front yard
(setback), if desired. When parking is located within this front yard setback, a screening
wall or fence of solid construction at three and one-half feet in height shall be required.
This decorative screening wall is not to be one solid expanse of wall. The intent is to
provide a direct proportion of wall segments to open space therefore, the wall
segments/open space segments shall be a minimum length of 30 foot intervals, up to a
maximum length of 60 foot intervals. The open space shall be landscaped with earth
berms, shade trees and shrubs. A double row of shrubs planted at staggered spacing and
meeting the requirements of subsection 138-42(d) shall be located in front of the wall
segments. The screening wall shall be located 20 feet from the property line and at least
25 feet from intersections with driveways and other streets (See subsection 134.2.21 ).
3. Minimum setback. The minimum setback for parking, if located in the front yard (setback),
shall be 25 feet. This 25 foot yard area shall be used for landscaping, street trees,
allowable signs, and such necessary walks or driveways as may be approved by the
community development official and public works.
4. Pedestrian ways. Pedestrian ways linkages or paths must be designed and constructed to
provide access between parking areas and building entries and from the building entries to
surrounding streets, external sidewalks and out parcels. Pedestrian ways may be
incorporated within a required landscape perimeter buffer or enhanced landscape areas.
5. Deviations/betterment plan.
a. If an applicant desires to deviate from the above requirements, the board of
adjustments may, based upon city recommendations, approve an alternative design
or betterment plan. A deviation permits a practice that is a variation from a specific
provision of this article, but that is justified by need, hardship or physical constraint.
Deviations may be granted by the board of adjustments in accordance with section
98.3.4. A deviation shall be considered unique and shall not set precedent for others.
118.4.3 -Cleveland Avenue.
A. U.S. 41 (Cleveland Avenue) design standards are as follows:
70
1. Purpose and intent. The purpose and intent of this subsection is to supplement and
enhance existing regulations and encourage the design of developments which will provide
safe, convenient, and efficient access for vehicles while also providing safe convenient
access and efficient passage for pedestrians from the public right-of-way to the commercial
building or development. It is further the intent of this subsection to maintain and
complement the streetscape by requiring that buildings be designed with architectural
features and patterns that provide visual interest. Where these supplemental regulations
conflict with other Code requirements, these supplemental regulations shall apply.
2. Applicability. All new development, renovations, or redevelopment of property abutting
Cleveland Avenue shall be subject to these supplemental requirements. For purposes of
this subsection, the term "renovation and redevelopment" shall mean, in the case of
additions or renovations to, or redevelopment of, an existing building or project, where the
costs of such addition, renovation, or redevelopment exceeds 20 percent of the assessed
value (land and building value) as determined by the county property appraiser's office, of
the existing site, or an increase by 20 percent of the existing square footage. Failure by a
property owner to comply with the terms of this subsection shall be subject to the penalty
clause in section 98.1.7, or prosecution as provided in section 1-14.
3. Design standards.
a. A landscape treatmenUfeature consisting of a combination of ground cover, trees and
shrubbery shall be instituted along street frontages and shall be a minimum area of at
least nine percent of the actual front yard setback area (see illustration below).
Recommended trees, shrubs, ground cover and planting specifications to be utilized
within the actual nine percent landscape area are found in table 1 below.
I
U.S. 41 Cleveland Ave.
Table 1: Plant List
Botanical Name Specifications ,-
TREES
~ eeform Min. 6' ht., 3-4' spr., multi-trunk UT Ligustrum japonicum I L1gustrum
T
I
71
SM Mahogany Sw1etema mahogam . .
QL I Laur_e_l 0-a-k---+---Q-ue_r_c_us_l_a-
I Live Oak
~ 45 gals., min. 10'-12' ht., 2" cal @ 12", 4'-5'
spr.
urifolia I 45 gals., min. 10'-12' ht., min. 4'-5' spr.
QV I Quercus virgini;;;;;;-1 Min. 65 gals., 12'-14' ht~
l Min. 25 gals., min. 4' ht. O.A., double, full
PR Pygmy Date Palm
I
Phoenix roebelenii
rounded form, specimen quality
RR
SP
BN
--------------.--
Royal Palm
Sabal Palm
Bismark Palm
Roystonia regia
Sabal palmetto
Bismarckia nobilis silver
Min. 14' O.A., matched ht. and appearance, j
greenwood, no scarred trunks
Staggered hts. 12'-18' O.A., booted, min. 7 I
fronds per head, full heads _j
Min. 25 gals., 4'-6' ht. I
WB Foxtail Palm I Wodyetia bifurcata FG 10'-14' O.A.
I J
Manila Palm Veitchia merrill FG 10' ht., SG., full heads VM [--I I
SHRUBS
Min. 7 gals., min. 30" O.A., symmetrical form,
CA Crinium Lily Crinium asiaticum
full heads, plant to first row of leaves
r
r
r
.
Cl
GG
ING
PS
Cocplum
Thryallis
lxora Nora Grant
Fountain Grass
f ian Hawthorn
T I
Min. 3 gals., 24" ht. 24" spr., full foliage, full
Chrysobalanus icaco
rounded appearance, 24" O.C. T -1 Min. 3 gals., 18" ht. 24" spr., full foliage, full Galphimia gracillis
rounded appearance, 30" O.C.
---+------~-~
Min. 3 gals., 24" ht. 24" spr., full foliage, full
lxora nora grant
rounded appearance, 30" O.C .
Min. 3 gals., 24" ht. 24" spr., full foliage, full
Pennisetum setaceum
rounded appearance, 30" O.C.
r
Rhapeolepsis indica Min. 1 gal., full rounded form, 24" O.C. RI
72
__ _
l GROUNDCOVERS AND ANNUALS
Juniperus chinensis
arsons Juniper .. parson11
1 gal., min. 4-5 runners, 12" spr., full rounded
form, 18" O.C.
I Liriope muscari ------;--1 gal., 12" ht., full to edge of pot, full form,
LM Evergreen Giant .
evergreen giant 12-14" O.C
No sod is permitted in this area. On corner lots, if there is ten linear feet or greater between the building
and side property line or between the property line and pavement edge, a cluster of three palm trees
(planted at staggered heights) for every 25 linear feet of the building side wall dimension shall be
planted within the existing yard; however, the sight distance/visibility at intersection requirements of as
set forth in section 134.2.21 must be observed. This landscape area is in addition to the requirements
set forth in chapter 138, pertaining to vegetation (see illustration below).
T !
l'otcntial p antq area
(3 Pal.-.$1z, liftcar fHt
of ,;de bcMng wall) 1r-------
Existing
Commercial
Bldg.
1 L
E <-t
Nopl .. tingbctw&e,,
U.S. 41 Cleveland Ave. H,' 1o 9•
If there is less than ten feet of land area between the building edge and property line, the liQht--Of-way may
be utilized to meet the three palm trees every 25 linear feel of the building side requirement , If approved by
the public works administrator (see Illustration below)_
73
PntentiQI R,O.W.
plmrtirv IING
Front
~k
' . -,
:
-----,orU!flal planting cwa
whet& less 1hari 10'
.-i1ti'l9 side yG"d 1r--------(3 Pal!M/25 liMar fut
af ,rac bdllcling 11011)
-c -· -·
" I . "
~'.'•;· .-1·' {. g! Existing ··i . . ...
--,,, . ,;,.. "
_. , ... ,, Commercial ·;.,,-· f
'. !~ 0 Bldg. .· /' a.
I I
J
' L __ _
-.-----&e
t .
No plQllting bttweCll U.S. 41 21/.'to9'
b. Royal Palms are the desired tree species to be planted along the Cleveland Avenue
street frontage. Where buffer yards are required, Royal Palms may be substituted {on
a one-for-one basis) in lieu of another canopy tree. The recommended planting height
of the Royal Palms shall be a minimum of 14 feet, spaced approximately 15--20 feet
on center.
c. Maintenance of the required landscape area shall be the responsibility of the property
owner. If the plant materials die, they shall be replaced within 60 days. The
landscaping shall be maintained, fertilized, including use of the appropriate pesticide
and weed control application, and sprinklered in perpetuity to the extent that healthy
plant life is sustained, or, if needed, removed and replaced to keep the area in its
condition when first installed.
d. No parking shall be allowed within the front setback area for new developments.
Parcels to the rear and contiguous to properties abutting Cleveland Avenue may be
used to meet the minimum parking requirements, regardless of the future land use
designation. However, parcels designated RS-6, RS-7, RS-D, RM-12 or RM-16 shall
not allow parking to be located within 200 linear feet of an existing single-family
residence. A new car lot may utilize up to 50 percent of the front setback area for the
display of vehicles, and the other 50 percent of the front setback area shall be
provided with the required landscaping.
e. Pedestrian ways, linkages or paths must be designed and constructed to provide
access between parking areas and building entries and from the building entries to
surrounding streets, external sidewalks and out parcels. Pedestrian ways may be
incorporated within a required landscape perimeter buffer or enhanced landscape
areas. Shared pedestrian walkways are encouraged.
f. Lighting must be designed and installed using cut-off fixtures. A 270-degree
radius/plan view cut-off shall be used on corner lots. A 180-degree radius/plan view
cut-off shall be used on interior lots or for lights placed within 20 feet from the
intersection, road right-of-way, or adjacent property lines. Lighting fixtures may not
exceed a maximum of 30 feet in height within the parking lot and a maximum of 17
feet in height within nonvehicular pedestrian areas.
74
g. All primary facades must be designed with consistent architectural style, detail, and
trim features. For the purposes of this subsection, the term "primary facade" means
any facade abutting a street. Corner lots shall be defined as having two primary
facades. Buildings must provide a minimum of four of the following eight building
design treatments and must comprise 50 percent of the facade area:
1) Awnings on all windows and door openings facing rights-of-way (use of plastic or
vinyl material is prohibited),
2) Attached canopies,
3) Substantial overhangs (18 inches minimum),
4) Porticos,
5) Arcades,
6) Peaked roof forms,
7) Display windows along a minimum of 20 percent of the first floor front walls or
any other wall alongside a pedestrian walkway,
8) Clock or bell towers.
h. Building walls and facades must avoid large blank wall areas by including at least
three of the four design elements listed below, in a repeating pattern. At least one of
the design elements must repeat horizontally:
1) Material change,
2) Offsets or projections,
3) Bandings,
4) Reveals.
i. Signs should be designed to complement rather than detract from the visual impact of
a commercial development by utilizing design elements consistent with those
employed in the structure's architecture. A unified sign plan must be utilized when
multiple on-premises signs are proposed for a single site or development, or in the
case of a shopping center or other multiple-occupancy complex, including out parcels
under unified control with the main development. A building permit application must be
accompanied by a graphic and narrative representation of the unified sign plan to be
utilized on the site. Minimum uniform elements shall be utilized and include colors,
construction materials and architectural design.
j. Deviations for an exceptional building design, the number of parking spaces required
by chapter 134, and/or the provisions of this section may be sought where a hardship
exists due to physical constraints, environmental concerns, or safety issues justifying
such deviation. Deviations shall be processed in accordance with section 98 .3.4.
118.4.4 -Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard .
A. Purpose and Intent: The purpose and intent of the Dr. Martin Luther King, Jr. Boulevard and
Veronica S. Shoemaker Boulevard overlay district is to implement the provisions of the Dr.
Martin Luther King Jr. and Veronica S. Shoemaker Boulevards Revitalization Plan (the Plan) by
creating new regulations and supplementing existing regulations to establish certain physical
design criteria for redevelopment and development activity. The overlay district is intended to
shape neighborhood areas that will provoke visual interest, promote new economic opportunity,
and provide a hierarchy of safe and convenient access for pedestrians and bicyclists. The
design criteria centers around the buildings character, its orientation to the streets and other
75
buildings, and creates design standards requiring specific details of the building's shape, look,
roof line, doors, windows, landscaping, and parking.
B. Applicability: All new development, redevelopment or renovations of property are subject to
these overlay requirements referred to as the Dr. Martin Luther King Jr. Boulevard and Veronica
S. Shoemaker Boulevard Overlay District. Such property is generally located abutting Dr. Martin
Luther King Jr. Boulevard, east of Evans Avenue and west of Mission Lane; and all property
fronting on Veronica S. Shoemaker Boulevard, between Dr. Martin Luther King Jr. Boulevard
and Canal Street. A map of the specific area by parcel is on file in the community development
department and city clerk's office.
C. Conflict: The provisions of this section shall take precedence over other codes, ordinances,
regulations, and standards except those listed in section 118.4.4.E., superseding regulations.
Other requirements of the land development code or other applicable ordinances continue to be
applicable to issues not covered by this section, except where those would contradict the intent
of this section.
D. For purposes of this subsection, the term "renovation and redevelopment" shall encompass the
meanings as follows:
1. Additions or renovations or redevelopment to existing buildings or properties;
2. Where the costs of such addition, renovation, or redevelopment exceeds 20 percent of the
assessed value (land and building value) as determined by the Lee county property
appraiser's office, of the existing site; or
3. An existing building's square footage increases by 20 percent.
E. Superseding Regulations. The provisions of the following regulations take precedence over
the provisions of this chapter:
1. Adult entertainment regulations.
2. Noise regulations.
3. Flood hazard regulations.
4. Historic preservation regulations.
5. Accessibility (Americans with Disabilities Act) standards.
6. Florida Building Code.
7. Florida Fire Prevention Codes.
F. Lot Designation Types:
1. Small lots are lots with less than 10,000 square feet in area
2. Large lots are lots with a minimum of 10,000 square feet in area and larger, and
3. Urban node lots are lots designated within areas termed urban nodes.
118.4.4.1. Applicable to all lot and node designations.
A. Design standards.
1. Establish a landscape treatment/feature consisting of the required street trees and a
combination of ground cover and shrubbery along street frontages that shall be a
minimum area of at least nine percent of the actual front yard setback area.
Recommended shrubs, ground cover, and planting specifications to be utilized within
the actual nine percent landscape area are in section 118.4.3., Cleveland Avenue
overlay district, Table 1; and the setback area is illustrated following Table 1.
2. A combination of Geiger Trees or, Glaucous Cassia, or Silver Buttonwoods trees
interspaced with Royal Palms are the desired tree species to be planted along the
76
street frontage of Dr. Martin Luther King Jr. Boulevard. A combination of Lavender
Tabebuia or Gumbo Limbo trees interspaced with Sable Palms are the desired street
trees along the street frontage of Veronica S. Shoemaker Boulevard. The
recommended planting height of the Royal Palms shall be a minimum of 14 feet,
spaced approximately 15 to 20 feet on center. Detailed street tree requirements are in
section 138-72. Shade trees shall be ten to 12 feet high with three inch to four inch
caliper at 12 inches from base of trunk.
3. Maintenance of the required landscape area shall be the responsibility of the property
owner. If the plant materials die, they shall be replaced within 60 days. The
landscaping shall be maintained, fertilized, including use of the appropriate pesticide
and weed control application, and sprinklered in perpetuity to the extent that healthy
plant life is sustained, or, if needed, removed and replaced to keep the area in its
condition when first installed.
4. Parking shall be allowed within the front setback area for new developments. Parcels
to the rear and contiguous to properties abutting Dr. Martin Luther King Jr. Boulevard
and Veronica S. Shoemaker Boulevard may be used to meet the minimum parking
requirements. A new car lot may utilize up to 50 percent of the front setback area for
the display of vehicles, and the other 50 percent of the front setback area shall be
provided with the required landscaping.
5. Pedestrian ways, linkages or paths shall be designed and constructed to provide
access between parking areas and building entries and from the building entries to
surrounding streets, external sidewalks and out parcels. Pedestrian ways may be
incorporated within a required landscape perimeter buffer or enhanced landscape
areas. Shared pedestrian walkways are encouraged.
6. Lighting shall be designed and installed using cut off fixtures. Cut off light fixtures do
not allow light dispersion or direct glare to shine above 90 degrees from the base of
the fixture. A 270-degree radius/plan view cut off shall be used on corner lots. A 180-
degree radius/plan view cut off shall be used on interior lots or for lights placed within
20 feet from the intersection, road right of way, or adjacent property lines . Lighting
fixtures may not exceed a maximum of 30 feet in height within the parking lot and a
maximum of 17 feet in height within non-vehicular pedestrian areas.
7. All primary facades shall be designed with consistent architectural style, detail, and
trim features. For the purposes of this subsection, the term "primary facade" means
any facade abutting a street. Corner lots shall be defined as having two primary
facades fronting two streets. The design of the buildings shall contain a minimum of
four of the following eight building design treatments and must comprise 50 percent of
the facade area:
a. Awnings on all windows and door openings facing rights of way (use of plastic or
vinyl material is prohibited),
b. Attached canopies,
c. Substantial overhangs (18 inches minimum),
d. Porticos,
e. Arcades,
f. Peaked roof forms,
g. Display windows along a minimum of twenty (20) percent of the first floor front
walls or any other wall alongside a pedestrian walkway, this feature is required of
all new development or redevelopment along Dr. Martin Luther King Jr.
Boulevard between Cranford Avenue and Ford Street.
77
h. Other architectural features must be approved by the community development
department director.
8. Building walls and facades shall avoid large blank wall areas by including at least
three of the four design elements listed below, in a repeating pattern. At least one of
the design elements must repeat horizontally:
a. Material change,
b. Offsets or projections,
c. Bandings,
d. Reveals.
9. Signs should be designed to complement rather than detract from the visual impact of
a commercial development by utilizing design elements consistent with those
employed in the structure's architecture. A unified sign plan must be utilized when
multiple on premises signs are proposed for a single site or development, or in the
case of a shopping center or other multiple occupancy complex, including out parcels
under unified control with the main development. A building permit application must be
accompanied by a graphic and narrative representation of the unified sign plan to be
utilized on the site. Minimum uniform elements shall be utilized and include colors,
construction materials and architectural design.
10. Deviations for an exceptional building design, the number of parking spaces required
by chapter 134, and/or the provisions of this section may be sought where a hardship
exists due to physical constraints, environmental concerns, or safety issues justifying
such deviation. Deviations shall be processed in accordance with section 98.3.4.
B. Uses permitted/adverse impact uses.
1. The uses permitted in each land use district shall be as provided in subsection
118.3.2, except as listed in subsection 2. below.
2. Uses not expressly permitted in subsection 118.3.2 or which create an adverse impact
are not permitted through the conditional use process. Uses considered to have an
adverse impact include:
a. Billboards, except as permitted by section 126-105.
b. Depots for large scale storage and distribution.
c. Animal husbandry.
d. Nurseries.
e. Landfills and dumps.
f. Mineral extraction areas.
g. Prisons, except as accessories to police stations;
h. Recycling facility;
i. Scrap yards for the processing and storage of waste materials.
3. Uses permitted in subsection 118.3.2 that require approval through the conditional use
process include:
a. Animal boarding, animal shelter, kennels;
b. Bar, tavern, cocktail lounge, bottle club, and nightclubs;
c. Increase density in the RM 12 zoning district;
d. Liquor stores;
78
e. Outdoor storage;
f. Public or private surface parking lots (not associated with an on-site business);
g. Public or private parking garages without liner buildings on primary street
frontages or adjacent to residential uses;
h. Vehicle sales, new or used;
i. Vehicle service and repair.
C. Development on properties zoned RM 12.
1. All single family development is permitted in accordance with the section 118.2.1.B.2
building envelope standards.
2. Townhouse development is encouraged, in accordance with section 118.2.1.B.2.
except as follows:
a. Minimum lot area: One acre.
b. Maximum height: 35 feet
c. Density: 12 units per acre, density may be increased through the conditional use
process.
118.4.4.2 Small Lots in the Overlay District.
A. Improved small lots (less than 10,000 square feet) with existing commercial or residential
structures and zoned for commercial uses in the overlay district are subject to the following
regulations.
1. The requirements of this section shall apply to new commercial uses or a change in
commercial use for lots with an existing principal building occupying the site. With a
change in ownership or use triggered by application for a business tax receipt, the
business shall receive an inspection and shall be in compliance with the regulations in
this section. A certificate of use will not be issued until the property becomes
compliant.
2. Permitted commercial uses are listed in the land development code, section 118.3.2,
table of uses.
3. All small lots within the overlay district shall be landscaped which shall be maintained
in the front yard, both side yards, and the rear yard of the lot. The landscaping shall
include one shade tree where the lot abuts sidewalks or where a sidewalk will be
located
4. No on-site parking is required. Shared parking with area businesses is encouraged.
Parking spaces on the street and shared spaces on other sites can fulfill the parking
requirements for small lots in the overlay district.
5. On site retention, construction of public sidewalks, and commercial driveway
regulations are waived for small lots.
6. Sign regulations set forth in chapter 126, signs, shall apply, number, size, and location
of signs for small lots shall be in accordance with subsection 126-103(b).
7. Contiguous lots under common ownership which total 10,000 square feet or more
shall develop in accordance with section 118.4.4.3 or 118.4.4.4, whichever is
applicable, pursuant to section 98.4.3.
B. Vacant small lots less than 10,000 square feet in commercially zoned areas may be developed
for commercial uses. Vacant small lots will be considered legal non-conforming lots with regard
to lot width and lot area for which no variance shall be required. The following requirements
shall apply to all new construction on small lots for commercial uses.
79
1. Building setbacks:
a. Front: ten feet
b. Side (interior): five feet
c. Side (street): ten feet
d. Rear: 15 feet
2. Buffer yards as further detailed in section 138-4.
a. Front: Type D buffer
b. Side (interior): none
c. Side (street): Type D buffer
d. Rear: Type A buffer
3. Driveway and drive aisle width: 22 feet
4. Parking:
a. Number of space required: three spaces including a required handicap space
b. Parking space dimensions: nine feet wide and 18 feet long
118.4.4.3 Vacant Large Lots in the Overlay District between Urban Nodes.
A. Large lots having a minimum of 10,000 square feet or larger land area located outside or
between a delineated urban node in the overlay district may be developed.
B. Parking Standards.
1. One row of parking spaces is allowable in the front of the building(s).
2. New development or redevelopment shall provide a minimum of one parking space
per 300 square feet of gross floor area. Medical shall provide a minimum of one
parking space per 200 square feet of gross floor area.
3. On street parking, if available within two blocks, or within 600 feet, and/or shared
parking, within three blocks may count toward 25 percent of the required parking.
C. Cross-Access Easements. New development or redevelopment shall provide a cross
access easement to the adjacent properties and shall be reviewed and approved by the
city prior being recorded at the Lee County Clerk of Courts and shall be at the expense of
the developer, prior to receiving a certificate of occupancy.
D. Signs. Sign standards are set forth in chapter 126, signs.
E. Landscaping and Buffer Standards. Landscaping and buffer standards are required as
provided in section 118.4.4.1 and chapter 138, except as listed below:
a. Interior side buffer yards shall not be required between like uses, such as commercial
to commercial.
b. Native Canopy Trees: In addition to the landscape requirements above, a minimum of
one native canopy tree is required for every 6,000 square feet of permeable area or
for every 3,000 square feet of impermeable area.
c. Heat Island Effect Reduction: All new parking lots shall include tree plantings designed
to result in 50 percent shading of the parking lot surface areas at maturity. The
recommended trees to utilize are as follows:
1. Gumbo Limbo
2. Green Buttonwood
80
3. Sea Grape
4. Pigeon Plum
Exceptions to the shading calculation include:
1. Single family and two family residential parking areas.
2. Parking structures.
3. Truck loading areas in front of overhead doors.
4. Truck maneuvering and parking areas unconnected to and exclusive of any
vehicle parking.
5. Surfaced areas not to be used for vehicle parking, driving or maneuvering,
provided they are made inaccessible to vehicles by a barrier such as bollards,
curb, or fencing.
6. Vehicle display, sales, service, and storage areas (parking facilities for these
uses are subject to shading requirements).
7. Parking areas under covered stalls and in garages.
118.4.4.4. Urban Nodes within the Overlay District.
A. Name and Location of Urban Nodes.
1. Western Gateway Node: Property fronting on the north side of Dr. Martin Luther King
Jr. Boulevard, east of Evans Avenue and west of Palm Avenue and includes the
redevelopment area known as McCollum Hall, 2701 Dr. Martin Luther King Jr.
Boulevard.
2. Clemente Dunbar Node: Property fronting on the south side of Dr. Martin Luther King
Jr. Boulevard from Ford Street to Henderson Avenue; lots south from Dr. Martin
Luther King Jr. Boulevard to Thomas Street, and from Ford Street on the west to
Henderson Avenue on the east. Includes five blocks of Ford Street, Cuba Street,
Carver Avenue, and Henderson Avenue.
3. Mid-town Dunbar Node: All property fronting on Veronica S. Shoemaker Boulevard,
from the intersection with Dr. Martin Luther King Jr. Boulevard south to Canal Street;
the district is located east to west from Veronica S. Shoemaker Boulevard to Highland
Avenue.
A map showing specific parcels is on file in the community development department and
the city clerk's office.
B. Design Standards. A mix of residential, office and commercial uses are allowable in all
urban nodes.
1. Building Height: Building height shall be a maximum of three stories. Apartment type
units may be located on the second and third floors of mixed-use buildings.
2. Setbacks: The required front setback is ten feet from the front property line for
property fronting on Dr. Martin Luther King Jr. Boulevard and all other setbacks are as
listed for the zoning district in section 118.2.1 building envelope standards.
3. Parking shall be in the rear or side of the property whenever possible. A limited
amount of street parking will be available for use as provided in subsection 7 . below.
4. Sidewalks in Western Gateway Node and Clemente Dunbar Node:
a. Private areas may be allowed to have outdoor dining and seating in the style of
First Street.
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b. A sidewalk shall have a minimum width of eight feet reserved for outdoor dining
and seating as measured from the building outward; bordered by a two-foot wide
planting strip or planters facing the right-of-way and shall include a public
pedestrian walking area a minimum of four feet wide.
c. A continuous awning between the front property lines shall project at least five
feet over the outdoor seating area between the building and the street.
5. Shade Trees: Shade trees shall create a canopy over all parking lots of at least 50
percent coverage. The street trees shall be planted where required by chapter 138.
6. Parking Lots: Parking lots shall be shaded at least 50 percent by canopy trees.
Wheel stops shall only be required to protect landscaping. Planting areas shall be
required in accordance with chapter 134. On-site parking spaces shall be nine feet
wide by 18 feet long.
7. On Street Parking: Parallel on street parking shall be allowed along one side of all
streets, except Dr. Martin Luther King, Jr. Boulevard and Veronica S. Shoemaker
Boulevard. Signage will be installed by the city designating a fire lane to delineate
which side of the street is available for on street parking.
8. Sidewalks. Sidewalks shall be installed by the developer at the time a lot is
developed or redeveloped.
C. Cross-Access Easements. New development or redevelopment shall provide a cross
access easement to the adjacent properties and shall be reviewed and approved by the
city prior being recorded at the Lee County clerk of courts at the expense of the developer,
prior to receiving a certificate of occupancy.
D. Signs. Sign standards are set forth in chapter 126, signs.
E. Landscaping and Buffer Standards. Landscaping and buffer standards are required as
provided in section 118.4.4.1 and chapter 138, except as listed below:
1. Interior side buffer yards shall not be required between like uses, such as commercial
to commercial.
2. Native Canopy Trees: In addition to the landscape requirements above, a minimum
one such tree is required for every 6,000 square feet of permeable area or for every
3,000 square feet of impermeable area.
3. Heat Island Effect Reduction: All new parking lots shall include tree plantings
designed to result in 50 percent shading of the parking lot surface areas at maturity.
The recommended trees to utilize are as follows:
1. Gumbo Limbo
2. Green Buttonwood
3. Sea Grape
4. Pigeon Plum
Exceptions to the shading calculation include:
1. Single family and two family residential parking areas
2. Parking structures
3. Truck loading areas in front of overhead doors
4. Truck maneuvering and parking areas unconnected to and exclusive of any
vehicle parking
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5. Surfaced areas not to be used for vehicle parking, driving or maneuvering,
provided they are made inaccessible to vehicles by a barrier such as bollards,
curb, or fencing
6. Vehicle display, sales, service, and storage areas (parking facilities for these
uses are subject to shading requirements)
7. Parking areas under covered stalls and in garages
118.4.5 -Airport Hazard.
The city shall utilize the county airspace notification map, as well as section 34-1001 through 34-1008 of
the Lee County Land Development Code pertaining to airport hazard districts, zones and regulations,
when reviewing temporary and permanent structures over 35 feet in height for compliance .
118.4.6 -Emergency management communications.
The city shall consider the functionality of the emergency management communications system when
reviewing structures over 35 feet in height for compliance.
118.4.7 -Correctional Facilities.
A. The public/private correctional facilities overlay zone is established to encourage the
concentration of governmental and private correctional facilities and their ancillary uses on city
owned property in a designated area of the city. Correctional facilities shall include, but are not
limited to, those uses listed in the North American Industrial Classification System (NAICS)
92214, Correctional Institutions; 56121, facilities Support Services; and 62322, Residential
Mental Health and Substance Abuse Facilities.
B. Correctional facilities, both public and private, including their ancillary uses, shall be permitted
uses only within the area designated as the public/private correctional facilities overlay zone on
the future land use map date June 15, 1998, and on file in the city clerk's office. Correctional
facilities shall be designed and constructed in compliance with the underlying land use district
regulations. All existing correctional facilities as of June 15, 1998, shall be considered
grandfathered and may be allowed to expand, enlarge, remodel or rebuild.
118.4.8 -Environmentally Sensitive Lands.
A. Intent and purpose. The intent and purpose of this section is to protect the public health,
safety and welfare of the residents in the city by limiting the uses permitted in wetland
preservation areas.
B. Applicability. This section shall apply to all land within the municipal boundaries of the city.
Any person who seeks to develop wetlands, questions the existence of such wetlands, or seeks
to develop land in a manner not permitted by this section shall be required to provide an
environmental assessment refuting the city's position, as well as obtain a letter of agreement
from the South Florida Water Management District before receiving a building permit.
C. Relationship to other requirements. In addition to meeting the requirements of this article and
all other applicable sections of the land development code, development plans shall comply with
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applicable federal, state and water management district regulations relating to environmentally
sensitive lands. In all cases, the strictest of the applicable standards shall apply.
D. Permitted uses. The following uses may be permitted within wetlands:
1. One single-family unit, only if the parcel was legally in existence as of the date of the
ordinance from which this chapter is derived, the disturbance of wetlands is minimized, and
all other applicable requirements are met.
2. All uses of a recreational, open space or conservation nature that will not adversely affect
the critical environmental character and function.
3. Public roads built in accordance with chapter 134.
4. Public utility poles, lines and/or pipes.
118.4.9 -Potable Wellfields.
A. Generally. This article is established pursuant to and in accordance with the provisions of F .S.
§ 163.3202(2)(c), which requires, as a minimum, regulations for the protection of potable
wellfields, as well as other applicable provisions of law authorizing the city to enact, amend and
enforce potable wellfield protection regulations.
B. Intent and purpose. The intent and purpose of this article is to protect and safeguard the
health, safety and welfare of the residents of the city by establishing a protection zone around
the municipal wellfield site, and regulating toxic and hazardous substances within the zone .
C. Establishment of protection zone. Based on the groundwater flow model developed during a
recent wellfield investigation report prepared by Boyle Engineering (June 1988), it was
determined that groundwater levels are significantly affected for a certain distance from each
well to a point where groundwater elevation is generally unaffected by stress placed on the
groundwater system. This point is referred to as the one-foot drawdown contour and was used
to establish the wellfield protection zone (see Map A).
D. Special regulations. In addition to adherence of the applicable land use district requirements,
the following special regulations shall apply to all land within the wellfield protection zone:
1. The municipal wellfield site and established protection zone shall be preserved for
recreational purposes, and development of any other kind shall be prohibited.
2. Activities within the wellfield protection zone are prohibited from using, producing, handling,
or storing toxic or hazardous substances which would result in the violation of the water
quality standards found in F.A.C. ch. 17-3, most recent edition, and any amendments
thereto .
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ARTICLE 5_ -PLANNED DISTRICTS
118.5.1 -Planned Unit Development.
A. Purpose and intent. It is the purpose and intent of these Planned Unit Development (PUD)
regulations to encourage ingenuity, innovation and imagination in the planning, design, and
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development or redevelopment of land under unified ownership or control. PUDs produced in
compliance with the terms and provisions of this land development code and the
comprehensive plan are not required to meet the setback, height, and minimum lot
requirements of conventional zoning districts to allow developments flexibility while protecting
the public interest. City council retains the absolute authority to establish such standards and
regulations as it deems necessary to protect the public health, safety and general welfare. In
doing so, the PUD district is designed to achieve the following objectives:
1. To accommodate a mixture of uses on land which is under unified control compatible both
internally and externally through the limitations, sign control, building orientation, buffering
or other techniques which may be appropriate to a particular development proposal.
2. Provide flexibility to meet changing needs, technologies, and economic and consumer
preferences.
3. Permit the combining and coordinating of architectural styles, building forms and building
relationships within a planned unit development.
B. Relation to general zoning, subdivision, and other applicable regulations. Planned unit
developments shall meet the requirements of all other sections of the land development code,
including, but not limited to, traffic circulation, parking, landscaping, open space, subdivision
and other city codes as applicable. The planned unit development approval consists of the
adopting ordinance and the concept development plan approved by the ordinance. The
proposed PUD shall be consistent with the intent of the comprehensive plan and future land use
designation of the site which is currently in effect and shall seek to accomplish the following:
1. The development shall employ techniques, features and/or amenities that exemplify
excellent planning, including variations in siting, mixed land uses and/or varied dwelling
types. Additionally, the plan shall include adaptation to and conservation of the topography
and other natural characteristics of the land involved.
2. A more creative approach may be taken to the development of contiguous tracts of land
and to encourage development of infill parcels of contiguous tracts of land in certain
circumstances.
3. A more desirable environment may be accomplished than would be possible through strict
application of the minimum requirements of this zoning code.
4. Land may be used more efficiently, resulting in smaller networks of utilities and streets with
consequent lower construction and future maintenance costs.
5. PUD's on small parcels, two acres and less, are strongly discouraged unless it can be
demonstrated there is a compelling justification or the parcel is located within the
Downtown or Midtown Districts.
C. Design of Planned Unit Developments. In order to ensure a high-quality development, the
following shall be required. City council may accommodate applications which do not meet the
specific requirements of this section, when the applicant is able to meet the intent of the criteria
in a manner not foreseen by this Code or when an alternative design is found to be appropriate
for the development.
1. General Design Requirements.
a. All PUDs shall provide sufficient access and area for effective delivery of emergency
services .
b. In reviewing a PUD, the specific residential density approved by the city shall be consistent
with the Comprehensive Plan to ensure cohesiveness with the surrounding neighborhoods
and area; protect environmentally sensitive areas; and, minimize any flood hazard impacts
on surrounding properties.
c. The city reserves the right to mandate changes in the concept development plan if it is
found to not satisfy the provisions of the Comprehensive Plan and these regulations.
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d. Frontage and accessibility. Every PUD must have improved access to a public street in
compliance with the city engineering design standards.
e. Setbacks. The development plan shall provide detailed information on any required
setbacks within the PUD. No minimum setbacks are required except for perimeter
boundary setbacks buffers which shall be based upon the requirements as set forth in
section 138-4 Buffer Yard Requirements. However, the Council may mandate minimum
setbacks during the public hearing process which are consistent with sound planning
principles and practices.
f. Building configuration and open space. The location of structures, open space,
landscaping, and pedestrian and vehicular circulation shall provide a functional and
aesthetically pleasing environment consistent with the surrounding land uses and the
Comprehensive Plan.
g. Natural systems. Natural systems which exist shall be preserved and incorporated into
the plan to the maximum extent feasible.
h. Land uses, general. All proposed land uses in the PUD shall be designated on the
development plan and oriented with consideration of existing and proposed land uses.
Appropriate buffering shall be located between incompatible land uses on adjacent
properties and within the PUD.
i. Prevention of strip development. Commercial and office land uses shall be integrated
with other land uses and designed in such a way that prevents strip development.
2. Signs.
a. Signs. The PUD shall have provisions for sign design and regulations that can be enforced
by both the city and a property owners association which minimizes sign proliferation,
promotes architectural integrity, provides an overall harmony in the color, theme, and
design of all signage, and complies with the sign regulations in Chapter 126 Signs. Where
deviations from Chapter 126 standards are requested as part of the PUD, the applicant
shall submit a uniform master sign plan, which establishes the type, height, number, size,
design and location of all signs in the PUD.
3. Infrastructure and Connectivity.
a. A conceptual drainage system approved by the city engineer. The city engineering
division shall review and approve the drainage system(s} submitted which are deemed by
the engineer to be the most appropriate for the surface water drainage and management.
b. Water and sewer. PUDs shall locate where adequate water and sewer services and
capacity exist. Where such systems are not adequate, a development agreement shall be
required which specifies a time when services will be made available.
c. Sidewalks and improvements to enhance pedestrian movement. Sidewalks shall be
installed in compliance with section 134.2.25 and bike paths in compliance with section
134.2.26 of the code and in accordance with the Comprehensive Plan.
d. Traffic circulation improvements. A traffic analysis shall be submitted to the city
engineering division for review and approval for all PUDs. The city engineer division will
make the determination on what, if any, traffic circulation improvements shall be included in
the PUD.
e. Lighting. Street lighting, which is harmonious with the urban design theme of the city, shall
be incorporated in the development. Street lighting shall be installed on all perimeter
streets, within parking areas, and along pedestrian walkways.
f. Open space and landscaping. Open spaces and landscaping proposed for the PUD shall
promote the project's urban design and aesthetics and address the landscape design
standards of chapter 138 of this code or show why the PUD design is better.
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g. Other site improvements. All other site improvements and project amenities shall be
consistent with the urban design of the city. All utility lines shall be placed underground.
High voltage electrical lines may be placed underground or on concrete poles placed within
the street right-of-way which have provisions for street lighting. Large transformers shall be
placed on the ground on pad mounts which are screened from view by landscaping or in
enclosures or vaults which are compatible with the primary building design .
h. Storage areas. All storage areas shall be fully enclosed and located at the rear of all
structures. No inoperative motor vehicle shall be stored or used for storage within any PUD
unless it is within a completely enclosed building.
NOTE: In no instance shall the perimeter setback for nonresidential uses abutting
residential uses or designated areas be less than the required buffers.
118.5.2 -Mixed Use.
A. Scope. By virtue of its location in the comprehensive plan, it is the express intent of mixed use
districts (MU) in newly developing areas to be as generous as possible in permitted uses while
at the same time maintaining a clean, attractive community; therefore, anyone proposing to
develop in a mixed use district (MU) shall follow the planned unit development district (PUD)
requirements to assure well-planned, quality developments with compatible uses and at the
same time provide measures to mitigate negative impacts to the surrounding area. A plan
amendment may be applied for when a planned unit development (PUD) is inappropriate or not
applicable to a particular piece of land designated as mixed use.
B. Eastwood Village Mixed Use.
1. Applicability. The area zoned Eastwood Village Mixed Use is located west of lnterstate-75
and bounded on the north by Dr. Martin Luther King Jr. Boulevard (SR 82) and on the east
by Ortiz Avenue. The Eastwood Village includes existing development that requires
redevelopment including, but not limited to the Eastwood Golf Course, Fireman's Park, and
the fire training facility. The area is the gateway to the city from two of the off-ramps from
Interstate-75. All development within the Eastwood Village Mixed Use district shall follow
the planned unit development (PUD) process.
2. Uses permitted. The priority use within the area is residential, and the Eastwood Village
Mixed Use area will permit up to 1,500 units, and no less than one unit per gross
developable acre. Hotel and/or timeshare units are permitted up to a total room count of
150, and a maximum density of 30 rooms per acre, or a five acre maximum area. This land
use category will permit a maximum of 350,000 square feet of retail and a maximum of
60,000 square feet of office. The Eastwood Village Mixed Use area permits recreation and
public uses. There is no acreage or square foot limit on the square footage of public uses
or recreational acreage, and the existing industrial uses shall be considered vested uses.
No regionally significant wetlands exist on the site. All non-regionally significant wetlands
will be placed in a conservation easement in favor of the South Florida Water Management
District at the conclusion of the environmental resource permitting process.
118.5.3 -Master Development Plan.
A. Purpose and intent. It is the purpose of this section to improve and protect the public health,
safety, and welfare of the citizens of the city by pursuing the following objectives:
1. To encourage innovation in community development.
2. To foster the safe, efficient, and economic use of the land and public facilities and services.
3. To facilitate the provision of adequate public services such as transportation, water,
sewerage, drainage, electricity, open space and parks.
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4. To encourage patterns of land use which decrease trip length of automobile travel and
encourage trip consolidation.
5. To improve the design, quality and character of new development.
6. To provide for large-scale residential development, containing a variety of residential
dwelling types and limited office, limited commercial and recreational land uses.
7. To set forth the standards and guidelines for the master development plan (MDP).
B. Interpretation.
1. The provisions of this section apply to the development of land designated master
development plan (MDP) on the future land use map. The requirements of the land
development code shall apply if this division does not otherwise address the area of
regulation, as it may be amended. In the event of conflict between the provisions of this
section and the requirements of the land development code, the provisions of this section
shall govern .
2. The interpretation and application of MDP will be reasonably and uniformly applied to all
property within the city that is designated MDP.
3. It is anticipated that some lands designated MDP will be developed as single projects and
that others will develop as a number of individual residential communities, village centers,
town centers, etc. This section accommodates both alternatives. When reference is made
to "the MDP ," "within a MDP," "each MDP" it is referring to the totality of a particular
property designated MDP on the future land use map. The term "MDP community" refers
to a development within an overall MDP including residential developments, village centers
and town centers. The MDP communities may include a number of tracts, parcels or pods .
C. Definitions. Except as specifically defined herein , words contained in this section shall be
defined by chapter 142.
Accessory use or structure means a use or structure of a nature customarily incidental and
subordinate to the principal use or structure, and unless otherwise provided, on the same premises.
Accessory uses and structures on the same premises shall be construed as meaning on the same
lot or building parcel or on an abutting lot or building parcel in the same ownership. A swimming pool
or spa with an open mesh pool cage is considered to be an accessory structure and is subject to the
setbacks for accessory structures.
Accessway means land that is not dedicated to the public and is used or intended to be used for
internal circulation, ingress or egress to commercial and residential parcels.
Alley means a narrow service access to the rear of urban buildings that can provide service
areas, vehicular and parking access, and other than city-owned public utilities, but which is not
intended for general traffic circulation.
Building coverage means the percentage of a lot occupied by any solid roofed or solid walled
structure (not screen cages).
Director means the community development director for the city.
Dwelling, cluster, means a single, freestanding , conventional building designed for one dwelling
unit which could be used for occupancy by one family where the arrangement of dwellings or other
buildings is in closely related and integrated groups and adjacent to open spaces of land.
Dwelling, duplex, means a single, freestanding, conventional building on a single lot, designed
for two dwelling units under single ownership, or wherein each dwelling unit is separately owned or
leased, but the lot is held under common ownership.
Dwelling, multiple-family, means a group of three or more dwelling units within a single
conventional building, attached side-by-side or one above another, or both, and wherein each
dwelling unit it may be individually owned or leased but the land on which the building is located is
under common or single ownership. Dwelling units included in a building, which also contains
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commercial uses, shall be considered multiple-family dwelling units in determining parking
requirements, density and other property development regulations.
Dwelling, patio home, means a single, freestanding, conventional building designed for one
dwelling unit and which could be used for occupancy by one family. Patio homes are identified
separately from single-family detached dwellings in that there is a reduction in the minimum lot area
square feet or floor area, lot width and setbacks and an increase in building coverage. Individual
patio home dwellings are located on platted single-family lots.
Dwelling, single-family attached, means a single, freestanding, conventional building designed
as two dwelling units attached by a common wall or roof, but wherein each dwelling unit is on a
separate lot or parcel under separate ownership.
Dwelling, single-family detached, means a single, freestanding, conventional building designed
for one dwelling unit and which could be used for occupancy by one family.
Dwelling, townhouse, means a group of three or more dwelling units attached to each other by a
common wall or roof wherein each unit has direct exterior access and no unit is located above each
other, and each unit is completely separated from any others by a rated firewall or a fire and sound
resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot or parcel
under separate ownership.
Dwelling, zero lot line, means a dwelling unit with at least one wall of a building on a side or a
rear line of the lot on which it stands.
Height, building, means the vertical distance measured from the finished floor to the highest
point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean
height level between eaves and ridge of gable, hip and gambrel roofs. Chimneys and necessary
appurtenances mechanical or structural functions shall be excluded from this measurement. Where
the space below the first story is used only for parking and limited storage, this space shall not be
included in the calculation of building height.
Lot or parcel measurement, depth, means depth of a lot or parcel is considered to be the
distance between the midpoints of straight lines connecting the foremost points of the side lot lines in
the front and the rearmost points of the side lot lines in the rear.
Lot or parcel measurement, width, means the width of a lot or parcel shall be considered to be
the average distance between straight lines connecting front and rear lot or parcel lines at each side
of the lot or parcel, measured as straight lines between the foremost points of the side lot or parcel
lines in front (where they intersect with the street line) and the rear most points of the side lot or
parcel lines in the rear. Minimum lot width may be reduced for cul-de-sac lots or lots located on
curvilinear streets provided the minimum lot area is still maintained.
Master development plan (MDP) design review committee means a group with the responsibility
for enforcing the design review guidelines and procedures within the MOP.
Restaurant means an establishment where food is ordered from a menu, prepared, and served
for pay primarily for consumption on the premises. This definition is not intended to preclude
incidental food take out service. The term "restaurant" does not include "fast food restaurant."
Restaurant, drive-in or refreshment stand, means any place or premises where provision is
made on the premises for the selling, dispensing , or serving of food, refreshments, or beverages in
automobiles and/or in other than a completely enclosed building on the premises, including those
establishments where customers may serve themselves and may eat or drink the food,
refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in
facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in
restaurant for the purpose of this division. A barbecue stand or pit having the characteristics noted in
this definition shall be deemed a drive-in restaurant. This definition shall not apply to any full service
sit down restaurant with outdoor seating.
Restaurant, fast food, means an establishment where food is prepared and served to the
customer in a ready-to-consume state for consumption either within the restaurant building, outside
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the building but on the same premises, or off the premises and having any combination of two or
more of the following characteristics:
(1) A limited menu, usually posted on a sign rather than printed on individual sheets or
booklets;
(2) Self-service rather than table service by restaurant employees;
(3) Disposable containers and utensils; or
(4) A kitchen area in excess of 50 percent of the total floor area. A cafeteria or delicatessen
shall not be deemed a fast-food restaurant for the purpose of this division.
Setback measurement, accessory residential pool or spa, means for an accessory pool or spa
without a screened pool cage, setbacks shall be measured from the water's edge to the property
line.
Setback measurement, preserves, means setbacks shall be measured from the edge of the
preserve, not from any required preserve buffer.
Setback measurement, side and rear setback, means setbacks shall be measured from the
property line, not from any easement or buffer.
Setback measurement, street, alley and accessway, means setbacks shall be measured from
the edge of the easement or right-of-way. If no easement or right-of-way exists, setbacks shall be
measured from the edge of the pavement.
Setback measurement, waterbody, means setbacks shall be measured from the water's edge
(lake control elevation).
D. Conceptual master development plan.
1. A master development plan (MDP) conceptual master plan shall be approved for each
property designated as MOP on the future land use map. The conceptual MOP master plan
will depict the general location of proposed and/or existing major roadways through or
abutting the property, any existing water bodies and any land designated conservation
(CON) on the future land use map. The MOP conceptual master plan shall also identify
maximum development density and/or intensity for the property expressed in appropriate
units of measurement (e.g., dwelling units for residential uses, square footage for
commercial and office uses, etc.), and shall show the general location of all areas
proposed to be developed for nonresidential uses that are located along arterial and
collector streets within the project or are not entirely internal to the project site.
2. The conceptual MOP master plan must be approved by city council before a landowner can
seek final MDP master plan approval pursuant to section D below. The conceptual MDP
master plan approval shall be approved by city council pursuant to either of the following:
a. Concurrent with the adoption of a future land use map amendment designating the
property as MDP; or
b. Pursuant to the adoption of a development of regional impact (ORI) development
order, in which case the approved DRI Map H will be considered the approved
conceptual MDP master plan.
E. Final master development plan master plan approval. No development may occur on
property designated master development plan (MOP) until a final MDP master plan is submitted
to and approved by the city on that part of the MDP. The initial procedure chosen for approval of
any portion of the MDP will be the procedure all subsequent MDP master plan approvals will
follow within the MDP pursuant to one of the procedures as follows:
1. The landowner may seek final MOP master plan approval utilizing the planned unit
development (PUD) procedures provided in Article 5. If approval is requested pursuant to
the PUD process, this section does not apply and development will be regulated by Article
5 and other requirements of the land development code, except that the development
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regulations contained in this division will be the base regulations for the PUD from which
deviations must be requested if desired by the developer.
2. Alternatively, a landowner may seek administrative final MDP master plan approval from
the director, with consent of the public works director and engineering division designee. A
final MOP master plan may be submitted prior to, or concurrent with a request for
preliminary plat approval pursuant to chapter 130. The final MDP master plan must be
approved prior to obtaining approval for a preliminary plat or site development
infrastructure plans for property within the boundary of the final MOP master plan. Under
this alternative, the final MOP master plan shall be consistent with the regulations of this
division and will follow the procedures set forth in subsection F below.
F. Final master development plan master plan review process.
1. If a landowner seeks administrative approval of a final master development plan (MOP}
master plan pursuant to subsection 0.2., the procedures set forth in this section will be
utilized.
2. The information included with each submittal to the development services division for final
MOP master plan approval shall be as follows:
a. All information required on the application form provided by the development services
division.
b. All information, plans, and supporting documents submitted to the MOP design review
committee pursuant to subsection G.
c. A copy of the approval issued by the MOP design review committee.
d. A traffic analysis of the impacts anticipated from the proposed development, utilizing
methodology approved by the city engineer.
e. An analysis of water and sewer service to be provided to the property.
f. A general description of the surface water management system for the property. A
copy of the South Florida Water Management District Environmental Resource Permit
for the property, if available, will suffice for purposes of this item.
g. A list of property owners within 300 feet of the boundary of the property for which final
MDP master plan approval is requested. The list shall be taken from the most recent
tax rolls maintained by the county property appraiser.
h. The appropriate application fee.
i. Any other information reasonably requested by director, with consent of the public
works director, and engineering division designee.
3. Within ten days of receipt of a request for final MDP master plan approval, the department
shall transmit by certified mail a notice to all property owners located within 300 feet of the
project boundary indicating that a request for final MOP master plan approval has been
received, that the plan and supporting documentation is available for public inspection, and
that any comments on the final MDP master plan may be submitted to the department for
consideration within 30 days of the date of the notice.
4. In reviewing the final MDP master plan, the director, with consent of the public works
director and engineering division designee shall consider the MOP design review
committee checklist and recommendations, the information and documentation submitted
by the applicant, comments and recommendations from other city departments, and any
comments received from property owners to whom notice was sent, and shall determine if
the final MOP master plan meets the criteria as follows:
a. The proposed development conforms to the MOP percentages of residential and
nonresidential land use acreages.
92
b. The proposed development is consistent with the density set for the MOP through the
future land use map amendment.
c. The proposed development is consistent with the requirements of this section.
d. The final MOP master plan generally follows the pattern of land uses depicted on the
conceptual MOP master plan. Parcel lines and land use acreages shall be shown on
the final MOP master plan for the general purpose of depicting development areas
and use intensities; however, parcel lines and land use acreages can be adjusted by
the developer during the final platting processes.
e. Adequate provision for off-site impacts created by the development have been
adequately addressed by the developer, either through demonstrated compliance with
DRI development order requirements, if applicable, or as determined reasonably
necessary by the director, with the consent of the public works director and
engineering division designee.
f . Within 60 days of submission of a complete request for final MOP master plan
approval, the director, with consent of the public works director, and engineering
division designee shall issue a written decision approving the final MDP master plan,
approving the final MOP master plan with conditions, or denying the final MOP master
plan. Record of the final MDP master plan decision shall be filed with the city clerk
and a copy maintained for public inspection in the office of the director. Any decision
rendered by the director may be appealed to the board of zoning adjustments by the
landowner, or by any property owner within 300 feet of the subject property who made
timely written comment to the department, pursuant to section 98.3.7.
G . Master development plan design review committees.
1. Each master development plan (MOP) shall have a MOP design review committee.
2. If an MOP has more than one MDP design review committee, the developer shall provide
the city with a map indicating the area to be reviewed by each MOP design review
committee and a list of the members of each MDP design review committee .
3. The developer shall appoint the members of the MDP design review committees . Once the
developer no longer owns property within the MOP or at his option, a property owners
association and/or community development district (CDO) designated by the developer
may appoint the MOP design review committee members .
4. A MOP design review committee shall consist of three to five individuals with various areas
of professional expertise relating to construction or design.
5. The MOP design review committee shall review the following:
a. All final MOP master plans submitted to the city for review with a preliminary plat.
b. All sign permits, building permits, final subdivision plats, and applications for
administrative deviations.
6. Applications to be reviewed by the MOP design review committee shall be on the standard
city application and include any necessary attachments . The applicant shall submit the
required number of plan sets or application copies to the MOP design review committee.
7. MOP design review committee checklist.
a. The MOP design review committee shall create a checklist for every review and shall
note on the checklist its findings and evaluation.
b. A copy of the completed checklist , signed and dated by the MOP design review
committee, shall be provided to the applicant for submission to the city. The MOP
design review committee shall stamp plan sets attached to the checklist.
93
8. The MDP design review committee will, upon completion of its review, issue an approval or
denial based on the plans and related information.
H. Final master development plan review.
1. If the final MDP master plan includes only part of the MDP, an exhibit is required showing
the location of the proposed MDP community within the MDP.
2. The final MDP master plan shall be legible and at an appropriate scale to adequately show
the proposed development, including information as follows:
a. The general size, configuration, and location of all residential areas, town center and
village center parcels;
b. The general size, configuration, and location of each development phase, unless the
development is to be constructed in a single phase;
c. The minimum width and composition of any proposed buffers and/or setbacks along
the perimeter of the subject property;
d. The general location of area set aside for open space;
e. The location of all points of vehicular ingress and egress from existing easements or
rights-of-way into the development;
f. Access and facilities for public transit, where applicable;
g. The general location of stormwater management areas and the general location of the
main spine road within the property.
h. The information shall be presented in tabular form as follows:
1) The maximum height of any proposed buildings or structures;
2) The number of dwelling units by type;
3) The number of hotel or motel units;
4) The gross square feet of types of town center and village center uses and/or
other development types expressed in appropriate and measurable units and
dimensions;
5) The acreage set aside for open space;
6) The number of trips ends generated in the a.m. or p.m. peak hours.
i. A tree survey is not required but information regarding the tree cover within the MDP
shall be provided by a qualified professional through any of the following:
1) A site plan indicating the total percentage of tree canopy on the site of the
proposed development;
2) Aerial photographs indicating the total percentage of tree canopy on the site of
the proposed development; or
3) Florida Land Use and Cover Classification System (FLUCCS) maps, quad sheets
and/or soils maps indicating the total tree canopy or estimates.
3. At a minimum, the review of the MDP design review committee shall address, in its review
of a final MDP master plan, the following:
a. Consistency of the proposed development with the MDP percentages of residential
and nonresidential land use acreages.
b. Consistency of the proposed development with the required mix of dwelling unit types
and nonresidential uses.
c. Consistency of the proposed development with the density set for the MDP .
94
d. Consistency of the proposed development with the requirements of this division and
the land development code.
e. Compatibility of the proposed development with existing and proposed land uses in
the area.
f. If the final MDP master plan includes only part of a MDP, a table is required showing
relationship of the proposed MDP community to the MDP percentages of residential
and nonresidential land use acreages, the required mix of dwelling unit types and
nonresidential uses, density, and open space for the MDP.
4. Final MDP master plan generally follows the pattern of land uses as depicted on the
conceptual MDP master plan. Parcel lines and land use acreages shall be shown on the
final MDP master plan for the general purpose of depicting development areas and use
intensities; however, they can be adjusted by the developer during the final design and/or
final platting process.
5. In its review of sign permits, building permits, final subdivision plats and applications for
administrative deviations, the MDP design review committee shall in its review address the
following:
a. Consistency of the permits or applications with the requirements of this division and
the land development code.
b. Compatibility of the permits or applications with existing and proposed land uses in the
area.
I. Administrative amendments to an approved final master development plan master plan.
1. Amendments to an approved master development plan (MDP) master plan may be
requested at any time during the development of or useful life of the MDP.
2. The specific location of uses within the final MDP master plan may be revised so long as
the change is internal to the final MDP master plan as a whole such that:
a. The change in location does not affect the compatibility of the plan with land uses
existing or proposed outside of the boundaries of the final MDP master plan (i.e.,
external compatibility); and
b. The change in location does not affect the compatibility of the plan with land uses that
have already been developed within the boundaries of the final MDP master plan (i.e.,
internal compatibility); and
c. Any changes in the location of land uses that the director determines will not affect the
internal or external compatibility of the final MDP master plan may be approved
administratively by the director. Any change in the location of land uses that the
director determines is likely to affect the internal or external compatibility of the final
MDP master plan shall be processed in the same manner as an original final MDP
master plan as provided in subsection D. In determining whether a proposed change
is likely to affect the internal or external compatibility of the final MDP master plan,
there shall be a presumption that the change will affect the compatibility of the plan,
which presumption may be rebutted by the applicant.
3. Changes in the land use parameters approved as part of the final MDP master plan may be
approved administratively by the director as long as the criteria are met as follows:
a. The revision does not increase the proposed number of dwelling units, retail, and/or
office square footage by more than five percent, unless there is an exchange of
permitted uses pursuant to subsection 3.d.
b. The revision does not involve a reduction of the area set aside for open space and
usable open space, or a substantial relocation of such area.
95
c. The revision does not involve an increase in the height of buildings or reduction in
setback lines from the property lines.
d. The revision does not involve an increase in the number of vehicular trip ends
generated in the a.m. or p.m. peak hours by more than five percent.
e. Changes that exceed the thresholds specified in subsection 3.a through d. of this
section must be processed in the same manner as an original final MDP master plan
as provided in subsection E.
f. Within 30 days of submission of a complete request of an amendment to an approved
final MDP master plan, the director with the consent of the director, public works
director and engineering division designee shall issue a written decision approving the
amendment, approving the amendment with conditions, or denying the amendment.
Record of the decision regarding the amendment shall be filed with the city clerk and
a copy maintained for public inspection in the office of the director. Any decision
rendered by the director may be appealed to the board of zoning adjustments by the
landowner, or by any property owner within 300 feet of the subject property who made
timely written comment to the department, pursuant to section 98.3.7.
J. Property development. A preliminary plat must be submitted and the site development
infrastructure plans must be approved prior to the development of property included in that plat,
in accordance with chapter 130, subdivisions, except that:
1. Clearing, excavation, golf course, water management facilities, and development area fill
permits may be reviewed and approved prior to the submittal of the preliminary plat as long
as the final MDP master plan has been approved for the subject MDP community, and if
required, the South Florida Water Management District ERP Permit and U.S. Army Corps
of Engineers 404 Permit have been issued for the MDP community.
2. Site development infrastructure plans for platted subdivision improvements may be
submitted concurrently with a preliminary plat.
3. If a developer chooses to obtain building permits for vertical construction prior to final plat
approval, security must be provided for the platted subdivision improvements as required in
section 130-99. Upon acceptance of such security by the city, building permit applications
for any development within the plat boundary, including residential and commercial
structures, may be reviewed and approved concurrently with the site development
infrastructures plans.
4. If the developer chooses to construct the subdivision improvements pursuant to section
130-98 in lieu of posting a bond or other security, building permits for the following uses
may be issued by the city prior to the completion of 50 percent of the dollar value of all site
improvements:
a. Site amenities including clubhouses, guard houses, recreation facilities, and wall and
entry features.
b. The construction of model homes provided the developer submits a covenant of
unified control which also acknowledges that the use of the model home is temporary.
The occupancy shall note that the model home is for temporary use as a model only
until such time as a final plat is recorded.
c. Temporary sales facilities and design centers.
d. Temporary construction and administrative offices.
K. Mixed land uses. All property designated master development plan (MDP) shall include a mix
of dwelling unit types and nonresidential uses.
1. For purposes of this section, floor area includes the total floor area of all stories of a
building within the surrounding exterior solid walls.
96
2. Each MOP shall provide a 20 percent minimum of both single-family and multiple family
uses.
3. Proposed MOPs with between 500 and 1,600 residential units shall include a minimum of
two acres and 30,000 square feet of floor area of village center uses to service the MOP.
4. Proposed MOPs with between 1,600 and 2,499 residential units shall include a minimum of
15 acres and 100,000 square feet of floor area of village center uses to service the MOP.
5. Proposed MOPs with between 2,500 and 4,999 residential units shall include a minimum of
30 acres and 200,000 square feet of floor area of village center and/or town center uses to
service the MOP.
6. Proposed MOPs with more than 5,000 residential units, or more, shall include a minimum
of 30 acres and 200,000 square feet of floor area in town center uses to serve residents of
the MOP and surrounding residential developments. The large MOPs shall also include at
a minimum one village center with a minimum of 10,000 square feet of floor area for each
1,500 residential units.
L. Residential land uses.
1. The purpose of this section is to set forth the types of uses which may be permitted within
the residential land use areas of a MOP master plan.
2. Areas designated as residential on a MOP master plan may include a broad range of
residential unit types and related accessory uses. At the applicant's option, the MOP
master plan may include residential land use sub-areas designating areas of different
densities or product type (Residential 1, Residential 2, for example).
3. Permitted uses and structures include:
a. Residential dwelling units including single-family detached, patio home, cluster home,
zero lot line, two-family attached, duplex, single-family attached, townhouse and
multifamily.
b. Residential accessory uses, including but not limited to: garages, carports and parking
areas, swimming pools, spas and enclosures, tennis courts, gazebos, shade
structures, guesthouses, and cabana bedrooms.
c. Model homes, sales and design centers including administrative offices and
construction offices.
d. Nursing home/adult congregate living facilities/residential care facility.
e. Golf courses, golf clubhouse, golf course accessory and associated uses, including
but not limited to:
1) Practice and driving range areas.
2) Golf cart barns.
3) Restrooms/shelters.
4) Restaurants including outdoor seating.
5) Consumption of alcoholic beverages on premises in the clubhouse including
outdoor seating on the golf course and in the snack bar at a ninth hole or other
appropriate location.
6) Food and beverage service.
7) Refreshment stand/snack bar at a ninth hole or other appropriate location.
8) Pro shop.
9) Locker rooms.
97
10) Specialty retail shops, accessory to clubhouse only.
11) Personal services including, but not limited to: Automated teller machines,
barber, beauty salons, exercise studios and health clubs/spas, laundry and dry
cleaning pick up establishments and the like.
12) Community and golf course maintenance areas, maintenance buildings and
utility storage buildings and other customary accessory uses of golf courses
including gasoline service.
f. Schools, public or private.
g. Community recreation facilities to include the following or other comparable or other
such facilities constructed for the purpose of outdoor recreation for the residents of the
development and their guests:
1) Basketball and other courts.
2) Bocce courts.
3) Boardwalks and nature trails.
4) Fishing piers.
5) Horseshoe pits.
6) Jogging paths.
7) Outdoor amphitheaters.
8) Parks.
9) Pedestrian and bicycle paths.
10) Picnic areas.
11) Playgrounds.
12) Shuffleboard courts.
13) Swimming pools with facilities.
14) Tennis courts.
15) Vita courses.
h. Community recreational amenity center and associated uses, including but not limited
to:
1) Administrative offices and library.
2) Basketball and other court facilities.
3) Coffee and snack bar/refreshment stand.
4) Consumption of alcoholic beverages on premises including outdoor seating.
5) Day care center.
6) Food and beverage service.
7) Locker rooms.
8) Personal services including, but not limited to:
a) Automated teller machines (ATM).
b) Barbershops.
c) Beauty salons.
98
d) Exercise studios.
e) Health clubs/spas.
f) Laundry and dry cleaning pick-up establishments and the like.
9) Pro shop.
10) Restaurants, including outdoor seating.
11) Specialty retail shops, accessory to community recreational amenity center
only.
12) Swimming pools.
13) Tennis courts.
i. Customary community accessory uses and structures including guardhouses,
gatehouses, signage, landscape features, access control structures, wireless
telecommunication facilities and project maintenance facilities.
j. Temporary sales and/or construction offices including those on wheels.
4. Residential property development regulations for residential and residential accessory uses
are set forth in Table 1. Property development regulations for clubhouses, schools,
recreational and maintenance facilities located in the town center, village center or
residential areas are set forth in Table 2.
TABLE 1: DEVELOPMENT STANDARDS FOR RESIDENTIAL USES
-I
Fro Sid
Lot Lot nt e
Area
Wid Dep
I in
th th
Squa
in in
Dwellin re Fee Fee Principal
gType Feet t (1) t and
Accessor
I y Uses
I I
Minimum Lot
Size
Single-I 15/
I
Family 5,00
50 100 20 6
Detach 0 (3)
ed I I
Patio 35 80 15/ 0 3,50
and 20 an
I
Rear Rear Rear Rear
Princip Access Princip Access
al ory al ory
Structu Structu Structu Structu
res res res res
Maxim
um
Lots Abutting
Buildin
Open Space,
Back to Back g
Lots !5l
Lakes !9l,
Height
Preserves or
Golf Course
Setbacks
-··---
45 (8)
20 5 10 3 3
stories
---~-· 201 5 10 3 45 (8)
3
Minim
um
Distan
ce
Betwe
en
Buildin
gs
n/a
n/a
Maxim
um
Buildin
g
Cevera
ge
55%
55%
I
I
I
I
Minim
um
Floor
Area
1,400
99
Zero Lot 0 (3) d stories
Line 10
(2)
or
3
3,50 an I
0 d7 1/2 Cluster
per or SBH
unit 5
an
d5
>-----
0
an
d
Single-
10
(2)
Family 2,00
15/ 50<8 )
Attache
or
0
n/a (4) 20 80 20 3 20 5 10 3 3 1,000 d and per (3) an stories
Townho unit i d7
use I or
5 I an
d5 I j
-J
I
o I Two-
Family 15/ 45 (8 ) I
Attache
3,50
32 100 20 20 5 10 3 3 n/a 55% 1,000 or
d and 0 (3) 6 stories
I Duplex I I I
r I --
1/
2
Multi-20/ SB I 65 (8 )
1/2 Family 6,50
80 80 10 H, 25 5 15 3 4 (4) 750
0 SBH (6) (7) 10 stories
I
ma
X.
I
100
NOTES: All distances are in feet unless otherwise noted. SBH = Sum of Adjacent Building
Heights
<1l Minimum lot width may be reduced for cul-de-sac lots or lots located on curvilinear streets
provided the minimum lot area is still maintained.
(2l Where the zero-foot yard option is utilized, the opposite side of the structure shall have a ten
foot side yard.
(3l Front setbacks for dwellings shall be 15 feet. Front setbacks for front-loaded garages shall be
20 feet. Front setbacks for side entry garages may be reduced to 15 feet subject to
documentation that a vehicle parked in the driveway will not encroach into the right-of-way.
<4 > Maximum building coverage will result from the application of the above development
standards on individual lots and no other limitations shall apply to building coverage for
residential structures.
(5> For any lot served both by a street and an alley, the lot line adjacent to the alley shall be
treated as a rear lot line, and the setback shall be measured from the edge of pavement.
(5> Adult congregate living facilities, nursing homes and residential care facilities shall comply
with the setbacks of multifamily uses set forth in Table 1.
(7> The front setback for accessory garages or carports for multifamily uses is reduced to ten feet
when access to the garages or carports is provided from an accessway (not the abutting street}.
(8> All structures greater than two stories in height, abutting existing residential development
outside the MDP boundary which has permitted building heights of two stories or less, shall
have a minimum setback of 100 feet from the MDP boundary.
(9> Section 118.2.1.B.2. does not apply.
5. The minimum width of residential single-family and two-family driveways shall be 12 feet
and the maximum width shall be 24 feet. The minimum width of a townhome or single
family attached driveway shall be ten feet. The driveway width for single-family homes with
a three-car garage or side loaded garage shall be a maximum of 28 feet at the right-of-way
line.
M. Village centers.
1. The purpose and intent of the village centers section is to identify permitted uses and
development standards for village centers within the master development plan (MOP}
where certain neighborhood commercial, recreational and community facilities serving the
residential community can exist together in unison and complement one another through
well planned site design techniques and safe, efficient and economical use of land and
public facilities.
2. Pedestrian and bicycle access to the village centers is required.
3. Permitted uses and structures in the village centers include all of the uses permitted in the
residential area provided in subsection 118.5.3.L.3, plus the following:
a. Adult and/or child day care centers.
b. Automated teller machines (ATM}.
c. Community center uses including but not limited to accessory uses as follows:
1} Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes and
other customary clothing accessories.
101
2) Auto service stations including convenience stores with accessory self-service
fuel pumps and car washes.
3) Car washes.
4) Clubs, private.
d. Schools, public or private.
e. Community recreation facilities to include other comparable or other such facilities
constructed for the purpose of outdoor recreation for the residents of the development
and their guests as follows:
1) Basketball and other courts.
2) Boardwalks.
3) Bocce courts.
4) Fishing piers.
5) Horseshoe pits.
6) Jogging paths.
7) Nature trails.
8) Outdoor amphitheaters.
9) Parks.
10) Pedestrian and bicycle paths.
11) Picnic areas.
12) Playgrounds.
13) Shuffleboard courts.
14) Swimming pools with facilities.
15) Tennis courts.
16) Vita courses.
f. Community recreational amenity center and associated uses, including but not limited
to:
1) Administrative offices and libraries.
2) Basketball and other court facilities.
3) Coffee and snack bars/refreshment stands.
4) Consumption of alcoholic beverages on premises including outdoor seating.
5) Day care centers.
6) Food and beverage services.
7) Locker rooms.
g. Personal services including, but not limited to:
1) Automated teller machines (ATM).
2) Barbershops.
3) Beauty salons.
4) Exercise studios.
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5) Health clubs/spas.
6) Laundry and dry cleaning pick-up establishments and the like.
7) Pro shops.
8) Restaurants, including outdoor seating.
9) Specialty retail shops, accessory to community recreational amenity center only.
10) Swimming pools.
11) Tennis courts.
h. Conservation and water management facilities.
i. Food stores.
j. Offices, business and/or professional (excluding pest control services and labor pools).
k. Personal services including, but not limited to:
1 ) Barbershops.
2) Beauty salons.
3) Exercise studios and health clubs/spas.
4) Laundry and dry cleaning pick up establishments.
5) Self service laundries and the like.
I. Public and private parks and commonly owned open space.
m. Restaurants; refreshment stands, and open air cafes used in conjunction with a
restaurant to be contained within the property lines. Consumption of alcoholic
beverages on premises shall be permitted in accordance with the requirements of the
land development code.
n. Signs.
o. Specialty shops including but not limited to:
1) Antique and curio shops arts.
2) Crafts and hobby shops.
3) Bait and tackle shops.
4) Bicycle rental, bookstores
5) Florists.
6) Gift and souvenir shops.
7) Newsstands.
8) Novelty shops.
9) Stationery shops and other similar retail sales or service shops.
p. Studios for artists, photography, interior decorating and similar uses.
q. Temporary sales and/or construction offices including those on wheels.
r. Any other use similar in nature, in keeping with the spirit or intent and when compatible
with the above uses and compatible with the stated purpose and intent of the MDP.
4. Property development regulations for town center and village center uses are set forth in
Table 2.
N. Town centers.
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1 . The purpose and intent of the town centers section is to set forth the general locations of
uses within the master development plan (MDP) where retail, office, hotel, residential and
certain commercial facilities serve the residential community and area residents can exist
together in unison and complement one another through well planned site design
techniques and safe, efficient and economical use of land and public facilities.
2. Town centers shall be located on or near the intersection of two arterials or an arterial and
a collector street and shall be buffered from any residential use outside the MDP.
3. Permitted uses and structures in the town centers include all of the uses permitted in the
residential area and village center as provided in sections 118.5.3.L.3 and 118.5.3.M.3,
plus the following:
a. Adult and/or child day care centers.
b. Apparel shops, including, but not limited to:
1) Clothing.
2) Hats.
3) Jewelry.
4) Shoes and other customary clothing accessories.
c. Auto service stations including convenience stores with accessory self-service fuel
pumps and car wash.
d. Banks and financial institutions-Drive-in facilities and automated teller machines
(ATM) permitted.
e. Car washes.
f. Churches.
g. Clubs, private.
h. Cocktail lounges or bars.
i. Commercial centers.
j. Commercial, recreational uses.
k. Community facilities.
I. Conference centers.
m . Conservation and water management facilities.
n. Credit agencies other than banks.
o. Cultural centers.
p. Department stores.
q. Drug and sundry stores, including drive-thru pharmacies.
r. Food and drink consumption, including nightclubs.
s. Food stores.
t. Hardware, furniture, appliances and sporting goods.
u. Health care clinics including, but not limited to medical, dental, optical, chiropractic,
osteopathic plus related facilities such as blood banks and organ donor facilities.
v. Hotels and motels.
w. Health services, except the following uses which shall be permitted only in a hospital
campus. For purposes of this section, "hospital" shall mean a facility licensed by the
104
state that provides full medical and emergency care,
minimum of 300 beds:
1) Alcohol and drug treatment, outpatient facilities.
2) Blood banks.
3) Blood donor stations.
4) Outpatient detoxification centers.
5) Outpatient mental health clinics.
has on-site security and a
6) Outpatient treatment clinics for alcoholism and drug addiction.
7) Plasmaspheresis centers.
x. Medical and dental offices.
y. Membership organization.
z. Nightclubs.
aa. Offices, business and/or professional (excluding pest control services and labor
pools).
bb . Package stores .
cc. Parking lots, parking decks and parking garages, public or private.
dd. Personal services including, but not limited to:
1) Barbershops.
2) Beauty salons.
3) Exercise studios and health clubs/spas.
4) Laundry and dry cleaning pick up establishments.
5) Self service laundries and the like.
ee. Photographic studios, portrait.
ff. Pickup stations for dry cleaning or laundry and laundromats which use nonvented,
self-contained equipment.
gg. Public and private parks and commonly owned open space .
hh. Public administration, excluding correctional institutions.
ii. Restaurants; refreshment stands, and open air cafes used in conjunction with a
restaurant to be contained within the property lines. Consumption of alcoholic
beverages on premises shall be permitted in accordance with the requirements of the
land development code.
jj. Restaurants, fast food with drive-thru.
kk. Schools, public, private, or commercial.
II. Signs.
mm. Specialty shops including but not limited to:
1) Antique and curio shops.
2) Arts, crafts and hobby shops .
3) Bait and tackle shops.
4) Bicycle rental.
105
--------
5) Bookstores.
6) Florists.
7) Gift and souvenir shops.
8) Newsstands.
9) Novelty shops.
10) Stationery shops and other similar retail sales or service shops.
nn. Studios for artists, photography, interior decorating and similar uses.
oo. Supermarkets.
pp. Theaters (indoor as well as outdoor amphitheaters).
qq. Any other use similar in nature, in keeping with the spirit or intent and when
compatible with the above uses. The building official may approve any other
commercial or professional service, which is comparable and compatible with the
stated purpose and intent of the MDP.
4. Property development regulations for activity center uses are set forth in Table 2.
TABLE2:DEVELOPMENTSTANDARDSFOR
VILLAGE CENTERS, TOWN CENTERS AND OTHER USES
,..
Town Centers Village Centers, Club House, School,
Recreational and Maintenance Facilities
~ ----r Minimum Lot Areas 10,000 square feet 10,000 square feet
~
Minimum Lot Width (ll 100 feet 100 feet
Minimum Average Lot Depth 100 feet 80 feet
--
j
Minimum Building Setback
from an Arterial
Front Yard Setback (Principal
and Accessory Uses)
r--~
Side Yard Setback
25 feet
-
20 feet
12½ feet or up to ½ Sum of
Adjacent Building Heights
I
Rear Yard Setback 15 feet I
2Sfeet __J I
15 feet _J
12½ feet or up to½ Sum of Adjacent I
Building Heights I ,-I
------1 1 15 feet
r
1 Water Body Setback 10 feet 10 feet
I_ l j
106
---' Maximum Building Height (2l 75 feet 6 Stories
r---:r Ofeetorupto½Sumof Distance Between Structures d 1 A jacent Bui ding Heights
45 feet 3 Stories
20 feet or up to ½ Sum of Adjacent
Building Heights
I Maximum Building coveragl
(3)
I
65% 65%
NOTES:
1< > Minimum lot width may be reduced for cul-de-sac lots or lots located on curvilinear streets
provided the minimum lot area is still maintained.
<2> All structures greater than two stories in height, abutting existing residential development outside
the MOP boundary which has permitted building heights of two stories or less, shall have a minimum
setback of 100 feet from the MOP boundary.
<3> Maximum building coverage will result from the application of the above development standards
on individual lots and no other limitations shall apply to building coverage for commercial and
recreational structures when the lot size is less than two acres.
0. Public utilities.
1. Public utility easements shall be ten feet on each side of the street right-of-way, if required.
Side and rear lot public utility easements are not mandatory. Other utility easements shall
be provided as required by the private utility company.
2. All public utility services including electric, telephone and cable television shall be
underground installation to the maximum extent possible. Aboveground facilities shall only
be allowed if they previously existed, or if underground installations are impossible or
impracticable.
P . Streets and access improvements.
1. Private streets.
a. Street right-of-way width. The minimum right-of-way width to be utilized for local
streets shall be 45 feet. Accessways serving multifamily tracts shall not be required to
meet this standard.
b. Pavement widths. Each traffic lane on a two-way street shall be a minimum of ten
feet in width and a two-foot wide curb and gutter shall be provided. The traffic lane on
a one-way street shall be a minimum of 15 feet in width.
c. Paver blocks. The use of paver blocks is permitted subject to approval by the public
works director and engineering division designee. Maintenance and restoration, if
required, of paver blocks shall be the responsibility of the property owners' association
or their assigns.
2. Alleys.
a. Alleys, when provided, shall be located in an easement or right-of-way of at least 22
feet wide.
b. Alleys shall be paved.
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c. Dead-end alleys are prohibited.
d. City owned and maintained water and sewer lines shall not be located in alleys.
3. Accessways.
a. Accessways are not required to be within a right-of-way.
b. Public utility easement shall be provided as required by private utility company.
c. Pavement widths: On a two-way accessway each traffic lane shall be a minimum of 11
feet in width if no curb and gutter is provided. If two-foot wide curb and gutter is
provided on a two-way accessway, each lane shall be a minimum of ten feet in width.
On a one-way accessway, the traffic lane shall be a minimum of 15 feet in width.
4. Cul-de-sac streets .
a. Dead end streets shall not exceed 500 feet in length unless turnarounds are provided.
b. Culs-de-sac shall be a minimum outside pavement diameter of 90 feet for residential
areas and 125 feet for commercial areas. The cul-de-sac shall have a minimum
pavement width of 24 feet if landscape islands are utilized. The public works director,
engineering division designee and fire department will consider a reduction in the
pavement diameter when stabilized surfaces and access points are provided or
hammerhead-turning facilities are installed.
c. Landscape islands in the center of the cul-de-sac, with Type "F" curb, shall be
permitted as long as the minimum pavement width requirements are met.
5. Intersection radii. Street intersections shall be provided with a minimum of 20-foot radius
(edge of pavement) for all internal project streets and a 35-foot radius for intersections at
project entrances.
6. Tangent. Tangent shall not be required between reverse curves on any project streets.
Q. Connectivity.
1. Street connectivity within a master development plan (MDP) is encouraged.
2. Pedestrian/bicycle connections are required within a MDP between residential areas and
any town centers and village centers.
3. Wherever practicable, pedestrian/bicycle connections shall be provided to roadways that
are designed to arterial and collector standards.
R. Landscaping.
1. All arterial and collector streets within a master development plan shall be planted with live
oaks at a spacing of 50 feet apart with a minimum size at planting of ten feet high, with a
three-inch caliper at six inches from base of trunk.
2. Required street trees shall be located on private property, as close to the right-of-way as
possible. If enhanced landscaping is proposed, the location of the street trees can vary
within the roadway buffer provided that the required minimum number of trees is installed
for the entire length of the road segment to be landscaped.
3. Maintenance of the street trees shall be the responsibility of the property owners'
association or their assigns.
4. All other landscaping requirements shall comply with chapter 138.
S. Sidewalks, bike paths and bike racks.
1. Internal pedestrian sidewalks are permitted over closed (piped) drainage easements and
within open (adjacent to swales) drainage easements as long as all Americans with
Disabilities Act requirements are satisfied.
108
2. Sidewalks may be located outside platted rights-of-way, when located within a separate
sidewalk easement as long as they are connected to the overall pedestrian access system.
3. Sidewalks may be located within landscape buffers and/or easements.
4. Private streets with a 60-foot wide right-of-way or greater shall have a minimum eight-foot
wide sidewalk on one side of the street, or a five-foot wide sidewalk on both sides of the
street, either of which may meander in and out of the right-of-way.
5. Private streets with a right-of-way equal to or greater than 45 feet wide but less than 60
feet wide shall have a minimum five-foot wide sidewalk on one side of the street.
6. With the approval of the public works director, engineering division designee and the fire
department, private streets with a right-of-way greater than 45 feet wide but less than 60
feet wide may reduce pavement widths to a minimum of ten feet for each traffic lane on a
two-way street and a two-foot wide curb and gutter shall be provided and shall have a
minimum five-foot wide sidewalk on both sides of the street.
7. All required sidewalks and bike paths located within rights-of-way or easements shall be
paved (concrete or asphalt). Unpaved walkways may be permitted if the applicant can
demonstrate that based on the location and surrounding environmental features that a
paved surface is not desirable. The applicant shall also demonstrate that an unpaved
walkway will not be hazardous to pedestrians.
8. Commercial and professional uses shall include bicycle/parking facilities, providing for
bicycle parking facilities at a ratio of one for every 15 automobile parking spaces up to a
maximum of 50 bicycles.
T. Off-street parking.
1. The off-street parking and loading requirements shall be as set forth in Chapter 134, Traffic
Circulation and Parking, Article 3, Off-Street Parking and Loading, as may be amended.
2. In order to permit flexibility in design, innovative development and improved traffic
circulation within the golf course clubhouses, golf cart parking spaces may be provided on
site in lieu of vehicular parking spaces at a calculation not to exceed 25 percent of the
minimum off-street vehicular parking space requirements for such land uses.
3. Golf cart parking spaces at the golf course clubhouses are not required to be paved but
shall be compacted, stabilized, well drained and surfaced with a durable grass cover. The
golf cart parking shall be located on the same parcel it serves and be arranged for safe and
convenient access. Minimum aisle widths for golf cart parking shall be 12 feet for two-way
traffic and six feet for one-way traffic, and the minimum size requirements for parking
spaces shall be six feet by ten feet.
U. Open space.
1. Each master development plan (MDP) shall provide a minimum of 30 percent open space.
Open space shall include golf courses, passive recreation areas, 100 percent of any lake
area, buffers and any lands designated conservation (CON) on the future land use map
that are located within the overall boundary of the development.
2. Within a MDP, there is no minimum open space requirement for MDP communities or
parcels within a MDP community so long as 30 percent of the gross area of the MDP is
provided as open space.
3. A minimum of 50 percent of the required open space must be retained indigenous
vegetation, where such conditions exist. The indigenous vegetation includes open space
acreage within passive recreation areas, buffers and any lands designated conservation
(CON) that are located within the MDP .
V. Signage generally.
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1. Signage in a master development plan (MDP) shall be in conformance with chapter 126,
except as set forth herein. Variations may be approved through the administrative deviation
process set forth herein.
2. The applicant may submit an optional sign package to the city for administrative review and
approval. The sign package may address alternatives to the standards for project boundary
signs, project entrance signs, internal signs and traffic signs standards presented herein.
The sign package shall include graphic representations of the proposed signs.
3. Signage shall meet the safety requirements of the Manual of Uniform Control Devices
except as approved by the public works director. All applications to the city for a sign
permit shall include written verification from the MDP design review committee that a
completed application for consideration of the signage proposal has been reviewed and
approved by the MDP design review committee.
4. For the purpose of this division, each platted parcel shall be considered a separate parcel
of land and shall be entitled to any sign permitted herein.
5. All signs shall be located so as not to cause sight line obstructions. See section 134.2.21.
6. All internal project rights-of-way may be utilized for decorative landscaped entrance
features and signage subject to review and approval from the director, with the consent of
the director, public works director and engineering division designee, for consistency with
the requirements set forth herein.
W. Signs in public rights-of-way.
1. Signs shall be permitted in public rights-of-way subject to city council approval, where
applicable.
2. The applicant shall provide a hold harmless agreement and a maintenance agreement to
the city for consideration by city council for the installation and maintenance of signage in
the rights-of-way prior to the issuance of building permits.
3. Right-of-way permits shall be required.
X. Project boundary signs.
1. One project boundary sign or monument may be located at each property corner of an
MDP community, adjacent to public rights-of-way. The project boundary sign may contain
the name of the subdivision, and the insignia or motto of the MDP community.
2. The sign face area may not exceed 64 square feet in area and may not exceed the height
or length of the monument upon which it is located. If the sign is two-sided, each sign face
may not exceed 64 square feet in area.
3. Sign face square footage is calculated by total square footage of community name,
insignia, and motto only.
a. The setback from any public right-of-way and any perimeter property line shall be ten
feet, provided that the signs do not cause sight line obstructions. See section
134.2.21.
b. Project boundary signage shall be ground mounted and the sign structure is limited to
a maximum height of 12 feet.
c. Project boundary signs may be lighted provided all lights are shielded in a manner that
prevents direct glare onto adjacent roadways or residences.
Y . Project entrance signs.
1. One ground or wall-mounted entrance sign may be located on both sides of each entrance
right-of-way and in the entry median of each individual MDP community. Such signs may
110
contain the name of the MDP community, the insignia or motto of the MDP community and
the name of the developer. The signs may be one-sided, two-sided or three-sided.
2. A sign face area shall not exceed 80 square feet and the total sign face area at each
entrance shall not exceed 160 square feet. If the sign is a single, two-sided sign, each sign
face shall not exceed 80 square feet in area. The sign face area shall not exceed the
height or length of the wall or monument upon which it is located. Where a three-sided sign
is utilized, the third sign side shall face internal to the MDP community and the sign
message area shall not exceed ten square feet.
3. The setback for the project entrance signs from the public right-of-way and any perimeter
property line shall be ten feet, provided that the signs do not cause sight line obstructions.
See section 134.2.21.
4. Project entrance signs may not exceed a height of ten feet above the finished grade level
of the sign site. For the purpose of this provision, finished grade shall be considered to be
no greater than the highest crown elevation of the nearest road.
Z. Construction entrance signs. One sign, a maximum of 20 feet in size, shall be permitted at
each construction entrance to identify the entrance.
AA. Internal signs.
1 . Directional or identification signs may be allowed internal to the MDP and MOP
communities. Such signs may be used to identify the location or direction of approved uses
such as, but not limited to, models or model sales centers, clubhouse, or recreational
areas, and residential neighborhoods . Individual signs may be a maximum of eight square
feet per side in size, and a maximum height of 12 feet. Signs maintaining a common
architectural theme may be combined to form a menu board with a maximum size of 24
square feet per side and a maximum height of 12 feet. There shall be no maximum number
of permitted directional or identification signs.
2. Real estate signs with a maximum of four square feet per side may be permitted in
residential districts. Such signs may advertise "For Sale," "Sold To," "Lot #," or similar
verbiage.
3. Temporary signage may be utilized with permanent signage up to the time of 75 percent of
project buildout.
BB. Traffic signs. Traffic signs in public and private rights-of-way, such as street signs, stop signs
and speed limit signs may be designed to reflect a common architectural theme. The signage
will not be maintained by the city, but by the property owners' association or their designee. The
placement and size of signs will be in accordance with local and state department of
transportation criteria.
CC. Billboards. Billboards may be permitted in accordance with section 126-105.
DD. Fences and walls.
1. Except as may be otherwise permitted pursuant to a building parcel/building site plan
approval, no wall or fence shall block the sight-line of passing motorists so as to constitute
a traffic hazard.
2. Residential walls shall be limited to a height of eight feet from average ground level, unless
an increased height is permitted in accordance with the requirements below.
3. Commercial walls shall be limited to a height of ten feet from the finished grade level of the
site. For the purpose of this section, finished grade shall be considered to be no greater
than the highest crown elevation of the nearest road unless an increased height is
permitted in accordance with the requirements below.
111
4. Fences and walls for residential neighborhood and/or commercial projects fences may
include architectural features such as columns, cupolas, fountains, parapets, and the like,
at a height not exceeding twice the fence or wall height.
5. No increase in height for fences or walls may be approved unless the request received the
prior approval of the MDP design review committee and is processed through the
administrative deviation process.
6. Wire fences of chainlink type permitting visibility may be erected along the front, side and
rear property lines provided they do not exceed six feet in height.
7. All chainlink fences (including all poles, rails, gates, supports and the like) shall be green,
brown or black plastic or vinyl-coated material only. Chainlink and wire fencing is prohibited
in the front yard and on corner lots where the side is adjacent to a street.
8. Fences used to enclose a tennis court or other sport activity area may exceed the height
limitations set forth above.
9. Fences involving agriculture purposes shall be exempt from these regulations.
10. MDP and MDP community perimeter fences may exceed the height limitations set forth
above.
EE. Model homes/sales and design centers/sales offices/construction offices.
1. Model homes, sales centers, sales offices, construction offices (including temporary sales,
construction offices and service centers on wheels) and other uses and structures related
to the promotion and sale of real estate, such as but not limited to pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout
the master development plan (MOP).
2. Prior to final plat approval, a maximum of 12 model homes shall be permitted within each
MDP community.
3. Model homes to be located within a proposed single-family development may be approved
following administrative approval of a final plat and construction drawings for all required
infrastructure encompassing the lots on which the models are to be constructed. Time limit
on approval shall be up to ten years or until completion of lot sales.
4. Model homes shall be "wet" or "dry" facilities. A wet facility is one that has adequate
plumbing for issuance of a certificate of occupancy. A dry facility is everything else. Wet
model home facilities may be occupied by a sales office and/or sales representative.
5. Dry model homes facilities shall be unoccupied by a sales office and/or representative.
6. Transportation to and from unoccupied model homes shall be provided at a sales center,
which also shall provide required parking and handicapped accommodations.
7. The model home/sales and design centers and construction offices may utilize septic tanks
or holding tanks for waste disposal subject to permitting under F.A.C. 64E-06 and may use
potable or irrigation wells. Offices located in permanent structures shall be required to
connect to the central utility system at the time it becomes available.
FF. Administrative deviations from master development plan standards.
1. The master development plan (MOP) as set forth in this section provides for administrative
deviations from the design standards found in Table 1: Development Standards for
Residential Uses, Table 2: Development Standards for Town Center, Village Center and
Other Uses, and other specific provisions of the MDP.
2. All requests for administrative deviations shall be submitted to the applicable MDP design
review committee for their review, evaluation and recommendation prior to submission to
the development services division. The applicant must submit to the development services
112
division a copy of the MDP design review committee recommendation which shall include
the committee's justification for concluding their recommendation.
3. Deviations from the provisions of this section may be approved administratively by the
director with the consent of the director, public works director and engineering division
designee.
4. Administrative deviations shall be granted only when the director, public works director and
engineering division designee find that the criteria have been met as follows:
a. Administrative deviations that encourages innovation in community development,
improves the design, quality and character of new development; fosters a more
functional relationship pattern between different land uses, encourages patterns of
land use that decrease trip lengths of automobile travel and encourage trip
consolidation; and fosters safe, efficient and economic use of land and public
facilities/services shall be given greatest consideration.
b. The alternative is no less consistent with the health, safety and welfare of the abutting
landowners and the general public than the standard from which the deviation is being
requested.
c. Special conditions may be included in the administrative deviation to address unique
aspects of the parcel to protect a bona fide public interest. The objective of
administrative deviation is to provide design flexibility in community development.
d. An application for administrative deviation shall include documentation, which
demonstrates how the administrative deviation will provide to the benefit of, or at least
not to the detriment of, the public interest, and how the deviation provides for good
planning and design flexibility.
e. The administrative deviation does not increase density or intensity (i.e., number of
dwelling units or quantity of commercial or office floor area), or decrease the minimum
required buffers and open space.
5. The director, with the consent of the director, public works director and engineering division
designee, must issue a written approval, denial or approval with conditions of the
administrative deviation. The approval, approval with conditions, or denial must clearly
identify the action requested by the applicant and the basis of the final administrative action
of the city. If the director, with recommendation from the director, public works director and
engineering division designee, denies the administrative deviation, this does not preclude
the applicant from submitting a variance application in accordance with the land
development code or filing an appeal of administrative action. All variance requests from
other requirements of the land development code must follow the procedures set forth in
the land development code.
6. All applications for administrative deviations shall include a review fee for each
administrative deviation application.
ARTICLE 6. -SPECIAL DEVELOPMENT AREAS
118.6.1-General Provisions.
A. Purpose and intent. It is the purpose of this division to improve and protect the public health,
safety and welfare by pursuing the following objectives:
1. Encourage innovation in community development.
2. Foster the safe, efficient, and economic use of the land and public facilities and services.
113
3. Facilitate the prov1s1on of adequate public services, such as transportation, water,
sewerage, drainage, electricity, open space and parks.
4. Encourage patterns of land use which decrease trip length of automobile travel and
encourage trip consolidation.
5. Improve the design, quality and character of new development.
6. Foster a more functional pattern of relationships between residential, office, commercial
and recreational land uses.
7. Set forth the procedures for the future development of the special development area.
B. Interpretation.
1. These provisions apply to the development of land within the property designated on the
comprehensive plan future land use map as a special development area located within the
city. The land development code will apply if the area of regulation is not otherwise
addressed by this article, as amended.
2. The interpretation and application of the special development area will be reasonably and
uniformly applied to all property within the city that is designated as a special development
area.
3. Property designated as a special development area shall only be developed utilizing the
procedures and standards set forth in section 118.5.1. Development plans submitted shall
comply with the standards contained within the planned unit development district and shall
further the purpose and intent of the special development area set forth in subsection
118.6.1.A. As part of any planned unit development (PUD) approval granted pursuant to
this article, the city shall ensure that all impacts generated by the proposed development
pertaining to transportation and traffic, fire and public safety, parks and recreational
facilities, and environmental and other related matters are adequately addressed and
mitigated, and that adequate provision for such facilities is made by the development. The
following uses of the property may occur without PUD approval:
a. Conservation, preservation, water management, and passive recreation;
b. Aquatic and botanical research and education;
c. Related accessory uses, structures, and facilities.
118.6.2 -Pelican Preserve Special Development Area.
A. Purpose and Intent. It is the purpose of this division to improve and protect the public health,
safety and welfare by pursuing the following objectives:
1. Encourage innovation in community development.
2. Foster the safe, efficient, and economic use of the land and public facilities and services.
3. Facilitate the provision of adequate public services, such as transportation, water,
sewerage, drainage, electricity, open space, and parks.
4. Encourage patterns of land use which decrease trip length of automobile travel and
encourage trip consolidation.
5. Improve the design, quality and character of new development.
6. Foster a more functional pattern of relationships between residential, office, commercial
and recreational land uses.
7. Set forth the standards and guidelines for the future development of the Pelican Preserve
Special Development Area.
114
B. Interpretation.
1. These provisions apply to the development of land within the property designated as the
Pelican Preserve Special Development Area located within the city. The land development
code will apply if the area of regulation is not otherwise addressed by this division, as
amended.
2. The interpretation and application of the Pelican Preserve Special Development Area will
be reasonably and uniformly applied to all property within the city that is designated as the
Pelican Preserve Special Development Area.
C. Conceptual Master Plan.
1. The development plan is for those lands described as follows:
LEGAL DESCRIPTION
A tract or parcel of land lying in Sections 1, 2 and 12, Township 45 South, Range 25 East,
Section 35, Township 44 South, Range 25 East, and Section 6, Township 45 South, Range
26 East, Lee County, Florida, being further bounded and described as follows:
Beginning at the 4" concrete monument marking the South One Quarter corner of
Section 1, Township 45 South, Range 25 East, Lee County, Florida; thence
S.89°56'14'W ., along the south line, of the Southwest One Quarter of said Section 1,
for 2,593.54 feet to the southwest corner of said Section 1 and the southeast corner of
Section 2, Township 45 South, Range 25 East, Lee County, Florida; thence
S.89°03'49'W., along the south line of the Southeast One Quarter of said Section 2,
for 2,645.12 feet to a 3"x5" concrete monument marking the South One Quarter
corner of Section 2, Township 45 South, Range 25 East; thence continue
S.89°03'49'W., along the south line of the Southwest One Quarter of said Section 2,
for 476.16 feet to a PK Nail and disc stamped LB 6952 and a point on a curve; thence
northerly 200.18 feet along the arc of a non-tangential curve to the left having a radius
of 2,599.95 feet through a central angle of 04 °24'41" and being subtended by a Chord
which bears N.01 °38'43'W. for 200.13 feet to a PK Nail and Disc stamped LB 6952;
thence N.03°51 '03'W ., for 959.31 feet to a PK Nail and Disc stamped LB 6952 and a
point of curvature; thence northerly 490.29 feet along the arc of a tangential curve to
the right having a radius of 2,700.06 feet through a central angle of 10°24'15" and
being subtended by a chord which bears N.01°21'04"E. for 489.62 feet; thence
N.06°33'12"E., for 1,166.54 feet to a PK Nail and Disc stamped LB 6952 and a point
of curvature; thence northerly 826.44 feet along the arc of a tangential curve to the left
having a radius of 1,100.00 feet through a central angle of 43°02'49" and being
subtended by a Chord which bears N.14°58'12'W. for 807.14 feet; thence
N.36°29'36"W., for 266.36 feet to a PK Nail and Disc stamped LB 6952 and a point of
curvature; thence northerly 1,249.07 feet along the arc of a tangential curve to the
right having a radius of 1,900.00 feet through a central angle of 37°40'00" and being
subtended by a Chord which bears N.17°39'36"W. for 1,226.70 feet to a PK Nail and
Disc stamped LB 6952; thence N.01°10'24"E., for 248.58 feet to a PK Nail and Disc
stamped LB 6952; thence S.89°25'36'W., for 214.71 feet to a 5/8" iron rod capped LB
6952; thence N.00°02'17"W., for 68.31 feet to a 5/8" iron rod capped LB 6952; thence
N.01 °00'06'W ., for 2,642.68 feet to a 4" concrete monument stamped LB 642; thence
N.00°58'02"W ., for 1,048.01 feet to a PK NAIL and Disc stamped LB 6952 and a point
on a curve; thence northerly 766.45 feet along the arc of a non-tangential curve to the
left having a radius of 1,050.00 feet through a central angle of 41 °49'24" and being
subtended by a Chord which bears N.21°16'16"E. for 749.55 feet to a 5/8" iron rod;
thence N.00°21 '33"E., for 721.50 feet to a 5/8" iron rod; thence N.45°21 '33"E., for
42.43 feet to a 4" concrete monument; thence S.89°38'27"E., for 2,224.05 feet to a 4"
concrete monument; thence S.02°16'01 "E., for 1,168.38 feet to a 5/8" iron rod capped
115
LB 642; thence N.89°54'24"E., for 1,324.86 feet to a 5/8" iron rod capped LB 642 and
a point on the east line of the Northeast One Quarter of said Section 35; thence
S.03°20'25"E., along said east line, for 1,284.37 feet to a 5/8" iron rod capped LB
6952 marking the East One Quarter corner of said Section 35; thence S.00°01 '58"E.,
along the east line of the Southeast One Quarter of said Section 35, for 2,635.65 feet
to a 6" concrete monument marking the common corner for said Sections 1, 2, and
35; thence N.89°28'42"E., along the north line of the Northwest One Quarter of said
Section 1, for 32.13 feet to a point on the north line of said Section 1; thence along
said north line, S.89°57'20"E., for 1,118.12 feet to a point on the southwesterly line of
the Florida Power and Light Company easement recorded in Official Records Book
258, Page 378 of the Public Records of Lee County Florida; thence along said
southwesterly line the following 2 described courses;
1. Thence S.37°57'03"E., for 1132.67 feet;
2. Thence S.37°57'07"E., for 366.69 feet a point on the westerly line of the 120-foot
wide access and utility easement recorded in Instrument 2010000058339 of said
Public Records and a point on a curve;
Thence along said westerly line the following 2 described courses;
1. Thence southerly 687.41 feet along the arc of a curve to the left having a radius
of 1,681.83 feet through a central angle of 23°25'07" and being subtended by a
chord which bears S.23°40'13"E. for 682.64 feet;
2. Thence S.35°22'47"E., for 163.65 feet to a point on the north line of the lands
described in Official Records Book 2626, Page 3647, of said Public Records;
Thence along said north line S.54 °37'13'W ., for 1,000.76 feet to a point on the
northerly line of Lot 23, Gateway Hidden Links II, as per the plat thereof recorded in
Plat Book 69, Page 97, of said Public Records and a point on a curve; thence
southwesterly 138.45 feet along the northerly line of said Lot 23 and Lot 22 of said
Gateway Hidden Links II, and along the arc of a non-tangential curve to the left having
a radius of 225.00 feet through a central angle of 35°15'25" and being subtended by a
chord which bears S.36°59'32'W. for 136.28 feet to a point on the westerly line of
Gateway Golf And Country Club as recorded in Official Records Book 3556, Page
1545, of said Public Records; thence along said westerly line of the following 21
described courses;
1. Thence S.22°54'23'W., for 281.97 feet;
2. Thence S.55° 48'33'W ., for 136.16 feet;
3. Thence E S.78°06'34"W., for 18.20 feet;
4. Thence S.57°35'17'W., for 9.70 feet;
5. Thence S. 76°37'57'W ., for 15.06 feet;
6. Thence S.64°54'52'W., for 44.61 feet;
7. Thence S.08°25'25'W ., for 40.28 feet;
8. Thence S.06°30'42'W., for 30.10 feet;
9. Thence S.32°16'28'W ., for 88.27 feet;
10. Thence S. 76°04'40"W ., for 87.12 feet;
11. Thence N.85°01'24"W., for 100.54 feet;
12. Thence S.05°57'06"E., for 53.31 feet;
13. Thence S.09°03'40"W., for 83.69 feet;
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14. Thence S.03°39'02"E., for 118.11 feet;
15. Thence S.09°40'30"E., for 102.54 feet;
16. Thence S.27°58'47"W., for 276.05 feet;
17. Thence S.36°54'41"W., for 172.25 feet;
18. Thence S.33°26'36"W., for 232.10 feet;
19. Thence S.38°56'24"W., for 86.00 feet;
20. Thence S.31 °35'38"W ., for 436.35 feet;
21. Thence s.18°45'56"W., for 95.17 feet;
thence N.78°06'39'W., for 2.07 feet; thence S.11 °53'21 'W., for 341.62 feet to a point
of curvature; thence southwesterly 371.36 feet along the arc of a tangential curve to
the right having a radius of 460.00 feet through a central angle of 46°15'20" and being
subtended by a Chord which bears S.35°01 '01 'W. for 361.36 feet; thence
S.58°08'41'W., for 421.37 feet to a point of curvature; thence southwesterly 395.89
feet along the arc of a tangential curve to the left having a radius of 340.00 feet
through a central angle of 66°42'51" and being subtended by a Chord which bears
S.24°47'16'W. for 373.90 feet; thence S.08°34'10"E., for 418.86 feet to a point of
curvature; thence southerly 461.43 feet along the arc of a tangential curve to the right
having a radius of 1,560.00 feet through a central angle of 16°56'50" and being
subtended by a Chord which bears S.00°05'45"E. for 459.75 feet; thence
S.08°22'41 'W., for 98.45 feet to a point of curvature; thence southerly 486.24 feet
along the arc of a tangential curve to the left having a radius of 2,940.00 feet through
a central angle of 09°28'33" and being subtended by a Chord which bears
S.03°38'24'W. for 485.68 feet; thence S.01 °05'53"E., for 680.34 feet to a point on the
East-West One-Quarter Section line of said Section 12; thence along said east-west
line, S.89°59'34"W., for 120.02 feet; thence N.01°05'53'W., for 2646.08 feet; thence
S.89°38'30'W ., for 69.19 feet to the point of beginning of the parcel described herein;
Containing 60,191,159 square feet or 1,381.80 acres, more or less.
Bearings are based on the south line of the Southwest One-Quarter of Section 1 ,
Township 45 South, Range 25 East, as having an assumed bearing of S.89°56'14'W.
2. The development plan for those lands submitted as Pelican Preserve Special Development
Area will generally follow the pattern of land uses as depicted on the conceptual master
plan for the Pelican Preserve Special Development Area as shown on Map H. The specific
location of uses may be amended, switched, shifted or changed with administrative
approval by the planning manager and public works department director, as long as the
total number of dwelling units or commercial square footage designated on the approved
conceptual master plan is not increased and is consistent with Ordinance No. (3618) the
local development order for the Pelican Preserve Development of Regional Impact (DRI).
Phase lines are shown for the general purpose of showing development sequence;
however, they can be changed by the developer during the platting process.
D. Definitions.
1. Generally.
a. Unless specifically defined herein, or as a secondary source in the land development
code, words contained in this division shall be defined by Webster's Dictionary, latest
edition.
b. Words used in the singular number include the plural, and words used in the plural
number include the singular.
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c. The word "constructed" includes the words "erected," "built," "installed," "rebuilt," and
"repaired."
d. The word "structure" includes the word "building."
e. The word "subdivider" includes the word "developer," and the word "developer"
includes the word "subdivider."
f. The word "include" is a word of enlargement and not limitation.
g. The word "shall" is mandatory, and the words "should" and "may" are permissive.
2. Specific. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Abutting properties means properties having a boundary line or a portion of a boundary line in
common, with no intervening street right-of-way or easement.
Accessory use or structure means a use or structure of a nature customarily incidental and
subordinate to the principal use or structure, and, unless otherwise provided, on the same
premises. The term "on the same premises," with respect to accessory uses and
structures, shall be construed as meaning on the same lot or building parcel or on an
abutting lot or building parcel in the same ownership. Where a building is attached to the
roofline of a principal building, it shall be considered as a part thereof, and not an
accessory building, except where otherwise stated. If an accessory structure is built on an
adjacent lot or building parcel, the adjacent lot or building parcel shall be combined into a
single lot of record with the lot or parcel on which the principal structure is located, and the
lot may not be sold to a separate owner without written confirmation from the city that the
parcel meets the requirements of the Pelican Preserve Special Development Area and
land development code as a stand alone parcel.
Adult day care center means any building, or part of a building, whether operated for profit or
not, in which is provided, through its ownership or management, for a part of a day, base
services to three or more persons who are 18 years of age or older, who are not related to
the owner or operator by blood or marriage, and who require such services.
Assisted living facility (ALF), multifamily, means any building or buildings, section or distinct part
of a building, private home, boarding home, home for the aged, or other residential facility,
whether operated for profit or not, which undertakes, through its ownership or
management, to provide housing, meals, and one or more personal services, for a period
exceeding 24 hours, to one or more adults who are not relatives of the owner or
administrator.
Automobile service station, major repair, includes any major body work performed on vehicles,
including, but not limited to, painting, finish work, body repair, muffler installation, brake
relining, upholstering, engine rebuilding, etc. Specifically excluded is any major salvage or
stripping operation, such as salvage yards.
Automobile service station, minor repair, means an establishment primarily engaged in the retail
sale of motor fuel or lubricants, but which may also include facilities for washing, polishing,
waxing, oil changes, transmission fluid changes, greasing, tire repairs (with no recapping
or vulcanizing) and other minor repairs, and emergency road service, including towing and
emergency repairs and services, and radio or cellular phone sales and installation.
Automobile wrecking and automobile wrecking yard means the dismantling, crushing,
shredding, or disassembling of used motor vehicles or trailers, or the storage, sales or
dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles or
trailers, or their repairs.
Building lot means a parcel of land occupied, capable of being occupied or designed to be
occupied by one or more principal buildings or uses, for the district in which located, and
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the accessory buildings or uses customarily incidental to it, including such open spaces as
required.
Building lot or parcel frontage means the distance measured along a straight line between the
points of intersection of the side lot or lot lines with the street right-of-way easement.
Building lot or parcel measurement, depth, means the distance between the midpoints of
straight lines connecting the foremost points of the side lot or parcel lines in the rear.
Building lot or parcel measurement, width, means the average distance between straight lines
connecting front and rear lot or parcel lines at each side of the lot or parcel, measured as
straight lines between the foremost points of the side lot or parcel lines in front (where they
intersect with the street line) and the rear most points of the side lot or parcel lines in the
rear; provided, however, that the width between the side lines at their foremost points in
the front shall not be less than 80 percent of the required lot or parcel width, except in the
case of lots on the turning circle of a cul-de-sac, in which case the 80 percent requirement
shall not apply.
Building lot types means the following:
(1) Corner lot means a lot located at the intersection of two or more streets. A lot abutting on
a curved street shall be considered a corner lot if lines drawn tangentially to the street at
the intersection of the side lot lines and the street meet at an interior angle of less than 135
degrees.
(2) Interior lot means a lot, other than a corner lot, with only one frontage on a street.
(3) Through lot means a lot, other than a corner lot, with frontage on more than one street.
Through lots abutting two streets may be referred to as "double frontage lots."
Building parcel or site means a portion of land or property located within a larger platted tract of
land, which is intended for development under the land use designation.
Carport means a freestanding or attached structure, consisting of a roof and supporting
members, such as columns or beams, unenclosed from the ground to the roof on at least
two sides, and designed or used for the storage of motor driven vehicles owned and used
by the occupants of the building to which it is accessory.
Change of occupancy means the discontinuance of an existing use and the substitution
therefore of a use of a different kind or class. Such term is not intended to include a
change of tenants or proprietors, unless accompanied by a change in the type of use.
Child care center means an establishment where four or more children, other than members of
the family, occupy the premises, and are cared for away from their own home by day or
night. This term includes a day nursery, day care service, day care agency, nursery school,
or play school. The term does not include foster homes.
Clinic, medical or dental, means an establishment where human patients who are not lodged
overnight are admitted for examination and treatment by one person or group of persons
practicing any form of the healing arts, whether such persons be medical doctors,
chiropractors, osteopaths, chiropodists, homeopaths, optometrists, dentists, or any such
medical profession, the practice of which is lawful in the state in another city. A public clinic
is one operated by any governmental organization for the benefit of the general public. All
other clinics are private clinics.
Clinic, veterinary, means any structure or premises used primarily for the diagnosis, treatment,
and medical and surgical care of birds and animals. Such term may include indoor kennels
for the boarding of animals, particularly those animals which require overnight observation
and care due to surgery or other medical treatment. Such term may also include outdoor
runs to provide for the proper exercise of three animals at a time, unless the outdoor runs
are adequately screened to protect any adjacent property from the visual and noise
impacts of the animals.
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Cocktail lounge or bar (nightclub) means any establishment, or part thereof, devoted primarily to
retailing for on-premises consumption of malt, vinous, or other alcoholic beverages.
Commercial vehicle means any vehicle that has a rated load capacity in excess of one ton or
more and is used in conjunction with a commercial or business activity.
Community means all of the Pelican Preserve Special Development Area submitted for
conceptual master plan approval.
Community facility includes a campus style set of buildings designed to provide recreational
amenities, outdoor recreational facilities, and community center uses. The recreational
amenities include, but are not limited to, a volleyball court, lawn bowling, tennis, softball
field, outdoor pool, aerobics pool, gym, social hall, library, coffee shop, theater, sports bar,
post office, art facilities, woodshop, lap pool, painting room and related reception area,
locker rooms, restrooms, business center and administrative area.
Condominium means that form of ownership of real property which is created pursuant to the
provisions of F.S. ch. 718, which is comprised of units that may be owned by one or more
persons, and in which each unit owner has an undivided share in common elements.
Contiguous property. See the definition in this subsection (2) of the term Abutting property.
Convalescent home. See the definition in this subsection (2) of the term Nursing home facility.
Day nursery. See the definition in this subsection (2) of the term Child care center.
Depth of a Jot. See the definition in this subsection (2) of the term Building lot or parcel
measurement, depth.
Design review committee (DRC) means a group of individuals that have the responsibility for
enforcing the design review guidelines and procedures within an approved special
development area. This committee has the authority and responsibility to review all exterior
activities, including, but not limited to, construction, landscaping, new installations,
modifications, alterations, repairs or reconstruction, and deviations from this division, as
well as other sections of the land development code. The committee is selected by the
developers, or by the homeowners' association once the developer is completely finished
with build out of the special development area and consists of four to ten individuals with
various areas of professional expertise relating to development and design.
Drive-in bank or financial institution means a drive-in bank or financial institution which provides
drive-in teller service, where the patron makes withdrawals or deposits, or receives other
financial services without departing from his vehicle. Drive-in banking facilities may include
pedestrian or vehicular automatic teller machines.
Drive-in business means an establishment, other than a drive-in restaurant or refreshment
stand, drive-in bank or financial institution, or drive-in theater, where a patron is provided
products or services without departing from his automotive vehicle.
Dwelling unit means rooms connected together, which could constitute a separate, independent
housekeeping establishment for a family, for owner occupancy, or for rental or lease on a
weekly, monthly or longer basis, and physically separated from any other rooms or
dwelling units which may be in the same structure, and containing sleeping and sanitary
facilities and one kitchen. Such term shall not include rooms in hotels, motels,
boardinghouses, bed and breakfast facilities or institutional facilities.
Dwelling unit types, duplex, means a single, freestanding, conventional building on a single lot,
designed for two dwelling units under single ownership, or wherein each dwelling unit is
separately owned or leased, but the lot is held under common ownership.
Dwelling unit types, multiple-family building, means a group of three or more dwelling units
within a single conventional building, attached side-by-side, or one above another, or both,
and wherein each dwelling unit may be individually owned or leased, but the land on which
the building is located is under common or single ownership. Dwelling units, other than
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caretaker's quarters, which are included in a building, which also contains permitted
commercial uses, shall also be deemed to be multiple-family dwelling units.
Dwelling unit types, patio unit, means a single, freestanding, conventional building, designed for
one dwelling unit and which could be used for occupancy by one family. Patio units are
identified separately from single-family detached dwellings with conventional development
standards in that, typically there is a reduction in the minimum lot area square feet or floor
area, lot width and setbacks. (See Table A.)
Dwelling unit types, single-family attached, means a single, freestanding, conventional building,
designed as two dwelling units attached by a common wall or roof, but wherein each unit is
located on a separate lot under separate ownership.
Dwelling unit types, single-family detached, means a single, freestanding, conventional building,
designed for one dwelling unit and which could be used for occupancy by one family.
Dwelling unit types, townhouse, means a group of three or more dwelling units, attached to
each other by a common wall or roof, wherein each unit has direct exterior access and no
unit is located above each other, and each unit is completely separated from any other unit
by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein
each dwelling unit is on a separate lot under separate ownership.
Dwelling unit types, triplex, means a single, freestanding, conventional building on a single lot,
designed for three dwelling units under single ownership, or wherein each dwelling unit is
separately owned or leased, but the lot is held under common ownership.
Dwelling unit types, zero Jot line, means a dwelling unit with at least one wall of a building on a
side or a rear line of the lot on which it stands. Essential services means services designed
and operated to provide water, sewer, gas, telephone, electricity, cable television or
communications to the general public by providers which have been approved and
authorized according to laws having appropriate jurisdiction.
Family means all people occupying a single dwelling unit who are related by law, blood or
marriage, and it shall also include four or less people who are not related by law, blood or
marriage. Nothing in this definition shall preclude domestic servants from being housed on
the premises. Such term shall not be construed to mean a fraternity, sorority, club,
monastery, cult, covenant or institutional group.
Floor area, gross, means the area within the inside perimeter of the exterior walls, with no
deduction for corridors, stairs, closets, thickness of walls, columns or other features,
exclusive of areas open and unobstructed to the sky.
Frontage of a building. See the definition in this subsection (2) of the term Building lot or parcel
frontage.
Frontage of a Jot. See the definition in subsection (2) of the term Building lot or parcel frontage.
Garage, parking, means a building, or portion thereof, designed or used for the temporary
parking of motor vehicles.
Gasoline dispensing system means a gasoline dispensing system which is card-operated, for
governmental or commercial entities only, in accordance with the applicable National Fire
Protection Association standards.
Gateway Services Community Development District means a community development district
(CDD) formed under F.S. ch. 190 to provide landscaping, parks and recreation, lighting,
potable water, sanitary sewer, irrigation/reuse water, roads, drainage, etc. Such district has
the responsibility to review plans of development that will be conveyed to the district for
ownership and maintenance to ensure compliance with its criteria manual in accordance
with its National Pollutant Discharge Elimination System (NPDES) permit from the
Environmental Protection Agency (EPA) and South Florida Water Management District
(SFWMD) permit. The criteria manual serves as the district's basis of review.
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Geriatric outpatient clinic means a site for providing outpatient health care to persons 60 years
of age or older, which is staffed by a registered nurse or a physician's assistant.
Guesthouse or cottage means an accessory dwelling unit which might, or might not, include
cooking facilities, which is incorporated, attached to, or detached from a principal dwelling,
and which is used exclusively for the noncommercial accommodation of friends or relatives
of the occupant or owner of the principal dwelling.
Hospice means a centrally administered corporation, not for profit, as defined in F.S. ch. 617,
providing a continuum of palliative and supportive care for terminally ill patients and their
family, and includes hospice residential units which provide a homelike living facility, other
than a facility licensed under other parts of F.S. ch. 400, or under F.S. ch. 395, that is
operated by a hospice for the benefit of its patients and is considered by a patient who
lives there to be his primary residence, and as this term may hereafter be defined under
F.S. § 400.601.
Hospital means a building or group of buildings having facilities for overnight care of one or
more human patients, providing services to in-patients and medical care to the sick and
injured, and which may include as related facilities, laboratories, out-patient services,
training facilities, central service facilities and staff facilities; provided, however, that any
related facility shall be incidental and subordinate to principal hospital use and operation. A
hospital is an institutional facility within the terms of this division.
Institutional facility means a hospital, assisted living facility, extended care facility, convalescent
home, life care facility, rest home, home for the aged, adult foster home, children's home,
rehabilitation center, licensed skilled nursing facility, and other uses which, in the opinion of
the planning manager, or his designee, are consistent.
Land preparation means any activity involving re-contouring of the land, including, but not
limited to, clearing, sloping, grading, excavating, filling, road construction, utility installation,
landscaping, and other similar activities.
Loading space, off-street, means a space logically and conveniently located for pickups and/or
deliveries or for loading and/or unloading. Long-term care facility means a skilled nursing
facility, nursing facility, assisted living facility, adult facility care home, board and care
facility or any other similar adult care center, or such other definition provided in F.S. ch.
400.
Lot. See the definition in this subsection (2) of the term Building lot.
Model home means a residential structure used for demonstration purposes or sales promotion,
not occupied as a dwelling unit or contractor's office, and open to the public for inspection.
Motor home means a vehicular unit built on a self-propelled motor vehicle chassis, primarily
designed to provide temporary living quarters for recreational, camping, or travel use.
Nursery, plant, means any lot, structure or premises used as an enterprise for the purpose of
growing or keeping plants for sale or resale.
Nursery school. See the definition in subsection (2) of this section of the term Child care center.
Nursing home facility means any facility which provides nursing services as defined in F.S. ch.
464, pt. I, and which is licensed according to F.S. ch. 400, pt. II.
Parcel. See the definition in this subsection (2) of the term Building parcel or site.
Recreation, commercial, includes recreational facilities operated as a business, that may be
open to the public. Such term includes, but is not limited to, art galleries, museums,
amphitheaters, indoor model car racecourses, billiard or pool halls, coin-operated
amusement establishments, dance halls, golf courses, miniature golf driving ranges, golf
pitch and putt, pools, tennis courts, bowling alleys, gymnasiums, health clubs, racquetball,
handball or squash courts, skating rinks, swimming pools and aquatic centers, and indoor
theaters.
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Restaurant means an establishment where food is ordered from a menu, and is prepared and
served for pay primarily for consumption on the premises. This definition is not intended to
preclude incidental food takeout service.
Restaurant, drive-in or refreshment stand, means any place or premises where provision is
made on the premises for the selling, dispensing, or serving of food, refreshments, or
beverages in automobiles and/or in other than a completely enclosed building on the
premises, including those establishments where customers may serve themselves and
may eat or drink the food, refreshments, or beverages in automobiles on the premises. A
restaurant which provides drive-in facilities of any kind in connection with regular restaurant
activities shall be deemed a drive-in restaurant for the purpose of this division. A barbecue
stand or pit having the characteristics noted in this definition shall be deemed a drive-in
restaurant. This definition shall not apply to any full service sit-down restaurant with
outdoor seating. Restaurant, fast food, means an establishment where food is prepared
and served to the customer in a ready-to-consume state for consumption either within the
restaurant building, outside the building but on the same premises, or off the premises, and
having any combination of two or more of the following characteristics:
(1) A limited menu, usually posted on a sign rather than printed on individual sheets or
booklets;
(2) Self-service rather than table service by restaurant employees;
(3) Disposable containers and utensils; or
(4) A kitchen area in excess of 50 percent of the total floor area. A cafeteria or delicatessen
shall not be deemed a fast food restaurant for the purpose of this division.
Sales facility means a temporary facility in which real estate sales take place for the Pelican
Preserve community.
School, commercial, means a for profit educational facility.
School, private, means an educational facility that meets academic standards as provided by
the state.
Self-service fuel pump service station means an establishment primarily for the purpose of retail
selling of motor vehicle fuels. Ancillary sales may include some convenience commodities,
such as tobacco or dairy products and auto washes.
Site plan means the development plan for one or more lots, building lots, tracts or parcels,
which depicts the existing and proposed conditions of the lot, and all of the other
requirements set forth in subsection E below.
Street, private, means a street that is maintained by the developer or the Gateway Services
Community Development District.
Street, public, means a street that is maintained by the city or any governing public body.
Supermarket means a self-service retail market, which primarily sells food items, but also may
sell household items, personal items and other merchandise. Such facility is generally, but
not necessarily, part of a chain store system, which may exist as an individual structure or
as an integrated structure within a shopping center.
Tract means a designated area of land or property established by plat.
Trailway means a minimum five-foot wide pathway constructed of either asphalt, concrete, or
wood plank.
Variance means a departure from the provisions of this chapter or from the city code (excluding
building codes) relating to building and other structural setbacks, lot dimensions such as
width, depth or area, structure or building height, open space, buffers, street setbacks, off
street parking or loading requirements, building coverage, impervious areas, landscaping
and similar type regulations, but not involving the actual use of the property, building or
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structure, procedural requirements or definitions. A variance shall not be authorized which
increases the allowable density of multifamily residential structures, or which increases the
floor area ratio of commercial or industrial square footage. Establishment or expansion of a
use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted
because of the presence of nonconformities in the land use district or classifications. A
variance may be granted when the approval of the variance is beneficial to the project or
development and imposes no negative impact on surrounding development. No variance
can be granted that would be detrimental to the public health and safety.
Vehicle sale or rental includes, but is not limited to, the sale or rental of new or used
automobiles, boats, buses, campers, mobile homes, motorcycles, trucks, vans and
recreational vehicles or trailers, but excluding farm implements and heavy construction
equipment.
E. Development Review Procedures.
1. All developers or builders within Pelican Preserve Special Development Area must obtain
building permits from the city. All applications for building permits must be on the standard
city application and must include any necessary attachments. In order for a building permit
application to be considered complete, it must include written documentation from the
Pelican Preserve Design Review Committee, which demonstrates the fact that the builder
or developer submitted an application to the Pelican Preserve Design Review Committee
(and the Gateway Services Community Development District if the proposed improvements
will be conveyed to the Gateway Services Community Development District for ownership)
and received approval from them prior to submittal to the city. It is the responsibility of the
Pelican Preserve Design Review Committee to provide evidence of when the Gateway
Services Community Development District's approval is required.
2. The developer shall be required to file a preliminary subdivision plat, and record all final
subdivision plats and subsequent replats prior to the development of property within the
area designated as the Pelican Preserve Special Development Area in accordance with
chapter 130. The construction of all or a portion of Treeline Avenue must be in accordance
with county standards for arterial roadways. Treeline Avenue will be owned and maintained
by the county. The following uses may be issued building permits prior to the completion of
50 percent of the dollar value of all site improvements (see the exception set forth in
section 130-97):
a. The construction of golf courses and water management facilities.
b. Other site amenities, including clubhouses and guardhouses.
c. The construction of model homes, provided the developer submits a covenant of
unified control which also acknowledges the use of the model home is temporary. The
certificate of occupancy shall note that the model home is for temporary use as a
model only until such time as a final plat is recorded.
F. General Standards.
1 . Surface water management.
a. Construction, operation, and maintenance of the water management system shall be
conducted by the developer, its successor or assigns, the Gateway Services
Community Development District (created pursuant to F.S. ch. 190) or a property
owner's association that would be responsible for the water management system.
b. A surface water management system (South Florida Water Management District
Permit No. 36-00678-S) has been designed and partially implemented for the Pelican
Preserve community. This system incorporates the use of lakes, natural cypress
areas, flow ways, swales, control structures, and spreader swales. The water
management plan combines manmade and natural system features, such as natural
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cypress strands and seasonal ponds, to provide the necessary surface water storage
capacity for the community.
2. Private street design standards. Private streets shall be permitted and approved,
provided they comply with the design standards of chapter 134, pertaining to traffic
circulation and parking, except as follows:
a. Traffic impact statement variation. A traffic impact statement {TIS) shall not be
required for an approved development of regional impact. Individual parcels or site
plan submittals within Pelican Preserve Special Development Area shall be required
to submit traffic information as outlined in the Pelican Preserve Development of
Regional Impact and shall be utilized to track the traffic impacts and mitigation
requirements as provided for in the development of regional impact.
b. Section 134.2.6.A, pavement width variation. Private roads located within a
subdivision shall be allowed to have a minimum 40-foot right-of-way and 11-foot wide
lanes.
c. Section 134.2.10, cul-de-sac streets variation. Cul-de-sacs shall be a minimum
pavement diameter of 72 feet for residential areas, with a minimum pavement width of
22 feet. The cul-de-sac shall be a minimum pavement diameter of 110 feet for
commercial areas. The city will consider a reduction in the pavement diameter when
stabilized surfaces and access points are provided or hammerhead turning facilities
are installed.
d. Section 134.2.14, curb-cut alignment variation. Where two local streets are proposed
to be aligned, they shall be directly across from each other or separated by at least
125 feet center-to-center of the pavement.
e. Section 134.2.15, number of access points variation. Residential corner lots on local
streets shall be allowed to have a driveway separation of 50 feet between driveways.
f. Section 134.2.16, frontage roads variation. The number of access points onto Colonial
Boulevard were approved in the development order for Pelican Preserve and are
reflected on Map H of the Pelican Preserve Development of Regional Impact
development order. The number of access points will be limited to no more than one
access point every 660 feet, or more, based on the layout of the development. Since
the access points are limited, the site must be designed to ensure access. Therefore,
a frontage road shall be provided along Colonial Boulevard, unless, through the
administrative deviation process, the developer can provide an acceptable alternate
plan for internal circulation in accordance with the provisions of section 134.2.12.A,
pertaining to continuation of existing street patterns.
g. Section 134.2.25, sidewalks/sidewalk ramps variation. The developer will provide an
eight-foot asphalt or concrete sidewalk along Colonial Boulevard and a sidewalk on
Treeline consistent with the cross section being built by the county. The developer will
provide five-foot concrete sidewalks along both sides of the street for all collector
roads. A five-foot sidewalk along one side of the road shall be provided for all local
roads. Local cul-de-sac roads of less than 600 linear feet shall not be required to
provide the sidewalk. A green space between one foot and ten feet shall be provided
between the pavement edge and sidewalk.
h. Section 134.2.27, street names/traffic control devices variation. All street signs and
traffic control devices shall have a common architectural theme throughout the entire
Pelican Preserve Special Development Area. The signage shall meet the safety
requirements of the Manual of Uniform Control Devices, except as approved by the
public works department director.
3. Public access. All public streets shall be constructed in accordance with the requirements
of chapter 130, pertaining to subdivisions, and chapter 134, pertaining to traffic circulation
125
and parking. All publicly dedicated streets shall connect to, or be an extension of, an
existing public street.
4. Agricultural uses. Nonconforming use of property within Pelican Preserve for agricultural
purposes (including the grazing and housing of livestock) will be permitted to continue
upon showing that such agricultural activity will not unreasonably interfere with the use and
enjoyment of nearby residential structures and upon the submission of documentation
which indicates that the agricultural use existed prior to the annexation of the property into
the city. Nursery activity is permitted within Pelican Preserve Special Development Area for
the propagation of vegetation and landscape material, which will be installed within Pelican
Preserve.
5. Model units. Model units and/or sales facilities intended to promote the sale of the units
within Pelican Preserve are a permitted use in all zoning districts.
6. Open space.
a. Due to the large areas of open space (i.e., golf courses, lakes, conservation areas,
recreation areas), a minimum of ten percent open space shall be provided on an
individual lot basis, except that those parcels fronting on arterial roads or collector
roads shall maintain a minimum of 25 percent open space.
b. Pelican Preserve shall be required to provide 40 percent of the gross acreage
(approximately 406± acres) as open space. The open space area may include golf
courses, passive recreation areas, and/or bodies of water, including stormwater
management areas.
7. Signage.
a. Signage guidelines are to be in conformance with chapter 126, pertaining to signs,
except as set forth herein. Variations may be approved as long as the variance is
consistent with the administrative approval process set forth herein, and the written
verification from the Pelican Preserve Design Review Committee.
b. Pelican Preserve shall maintain an express set of signage guidelines for the
community.
c. The Pelican Preserve Design Review Committee shall review all signage proposals
within Pelican Preserve to ascertain compliance with the signage guidelines for the
community.
d. All applications to the city for a sign permit shall include written verification from the
Pelican Preserve Design Review Committee that a completed application for
consideration of the signage proposal has been reviewed and approved by the
Pelican Preserve Design Review Committee.
e. Community signage is allowed at entrances and community property corners. All other
criteria set forth in chapter 126 shall apply to signage.
8. Fences and walls.
a. Fences and walls shall be treated as a structure for building permit purposes, and a
permit shall be obtained prior to the erection thereof.
b. All fences shall be of sound, sturdy construction and shall not detract from the
surrounding area.
c. Fences and walls on property may be of varying materials and colors, but shall be of
internally compatible design.
d. The terms "fence" and "wall" may be used interchangeably for purposes of this
section.
126
e. The planning manager and parks manager, or public works department director may
authorize the use of barbed wire in conjunction with chain link fencing where it is
found to be necessary to provide security around hazards such as electrical
substations, utility sites, water management structures, etc.
f. Except as n;iay be otherwise permitted pursuant to a building parcel/building site plan
approval, no wall or fence shall be erected or maintained within 25 feet from the
corner intersection of a street right-of-way.
g. No fence shall block the sight line of passing motorists so as to constitute a traffic
hazard.
h. Residential walls shall be limited to a height of eight feet from the average ground
level, unless an increased height is permitted in accordance with the requirements
below.
i. Commercial or industrial walls shall be limited to a height of ten feet from average
ground level, unless an increased height is permitted in accordance with the
requirements below.
j. Fences and walls for residential neighborhoods and/or commercial project fences may
include architectural features such as columns, cupolas, fountains, parapets, etc., at a
height not exceeding twice the fence or wall height.
k. No increase in height for fences or walls may be approved unless the request received
the prior approval of the Pelican Preserve Design Review Committee and is
processed through the administrative deviation process.
I. Fences used to enclose a tennis court or other sport activity area may exceed the
height limitations set forth above.
m. Fences involving agriculture purposes shall be exempt from these regulations.
9. Off-Street parking and loading requirements.
a. The off-street parking and loading requirements shall be as set forth in chapter 134,
article 3, pertaining to off-street parking and loading, as amended.
b. In order to permit flexibility in design, innovative development and improved traffic
circulation within the village center district and golf course clubhouse, golf cart parking
spaces may be provided on-site, in lieu of vehicular parking spaces, at a calculation
not to exceed 25 percent of the minimum off-street vehicular parking space
requirements for such land uses. Golf cart parking spaces are not required to be
paved, but shall be compacted, stabilized, well drained and surfaced with a durable
grass cover. Golf cart parking shall be located on the same parcel they serve and be
arranged for safe and convenient access. Minimum aisle widths for golf cart
circulation shall be 12 feet for two-way traffic and six feet for one-way traffic, and the
minimum size requirements for parking spaces shall be six feet by ten feet. Golf cart
parking lots shall be developed separate and apart from off-street vehicular parking
lots wherein no vehicular ingress or egress shall occur.
G. Pelican Preserve Design Review Committee.
1. The Pelican Preserve Design Review Committee reviews all vertical and site development
within Pelican Preserve Special Development Area pursuant to established design review
guidelines. The Gateway Services Community Development District shall review all site
development within Pelican Preserve Special Development Area pursuant to its criteria
manual, if the proposed improvements will be conveyed to the Gateway Services
Community Development District for ownership and maintenance. It is the responsibility of
the Pelican Preserve Design Review Committee to provide evidence of when the Gateway
Services Community Development District approval is required.
127
2. The design review committee will review and provide written verification of review and
approval of all plans prior to the submission of a preliminary plat and building plans to the
city. Five sets of plans shall be submitted to the Pelican Preserve Design Review
Committee. The Pelican Preserve Design Review Committee will, upon completion of its
review, grant approval, conditional approval or denial based on the plans and related
information. When plans are approved, the plans will be stamped with the approval of the
Pelican Preserve Design Review Committee, and signed and dated. Four sets of plans will
be returned to the applicant to be used for submission to the city. If the approval from the
Pelican Preserve Design Review Committee was a conditional approval, the plans will note
the conditions, which will also be submitted to the city.
3. The Pelican Preserve Design Review Committee will review the plans and evaluate the
following types of improvements:
a. Building location.
b. Street layout.
c. Existing and proposed vegetation.
d. Signage (permanent and temporary signage for builders/tradesmen).
e. Grading and drainage.
f. Paths and sidewalks.
g. Exterior materials.
h. Building height.
i. Setbacks.
j. Lighting.
k. Type and location of accessory structures.
I. Walls and fences.
m. Such other items as are necessary to evaluate consistency with the design review
guidelines of this division.
4. The Pelican Preserve Design Review Committee shall create a checklist that includes all of
the above items. The Pelican Preserve Design Review Committee shall complete the
checklist for every submittal for plat approval and development, and shall note on the
checklist its findings and evaluation. A copy of the completed checklist shall be signed by
the Pelican Preserve Design Review Committee and provided to the applicant for
submission to the city.
5. The Pelican Preserve Special Development Area as set forth in this division provides for
administrative deviation requests. All requests for administrative deviations shall be
submitted to the Pelican Preserve Design Review Committee for their review and
evaluation prior to submission to the city. The applicant must submit written documentation
to the city that verifies the results of the Pelican Preserve Design Review Committee's
review, and which explains that the request was considered by the Pelican Preserve
Design Review Committee and their findings.
H. Zoning districts.
1. Purpose and intent. The purpose of this section is to set forth the types of uses which
may be permitted within each of the zoning districts designated on Map H of the
Conceptual Master Plan. The proposed location and general development parameters
shall be identified on Map Hof the Conceptual Master Plan.
2. Conservation Area District (CO}.
128
a. Purpose and intent. The Conservation Area District (CO) is intended to designate
and protect from incompatible uses those areas determined to be environmentally
sensitive or otherwise necessary for water management facilities. It is intended that
these areas be utilized as water management areas and/or nature parks with limited
recreational use. Water management areas and passive recreation areas can be
located in any land use district and do not have to be designated as conservation
areas.
b. Permitted uses and structures. Permitted uses and structures in the CO district are
as follows:
1) Aquatic and botanical research laboratories and facilities.
2) Boat docks.
3) Boating (limited to motors with 25 horsepower or less).
4) Community and cultural facilities which are compatible with this district.
5) Golf courses.
6) Nature trails, including boardwalks.
7) Paths and bridges to provide access for residents and minor maintenance
equipment.
8) Roadway crossings and utility crossings where necessary.
9) Water management facilities.
10) Other similar uses when approved by the director.
3. Recreation/Golf Course District (RO).
a. Purpose. The purpose of this district is to set forth the regulations for uses in, and
development of, golf courses and related facilities within the development.
b. Location. Although the approximate boundary of golf courses are identified on the
conceptual master plan, it does not preclude portions of the courses, recreational
areas or other courses from being identified subsequent to the conceptual master plan
and reflected on the preliminary and final plats.
c. Permitted uses and structures. Permitted uses and structures in the RO district
include the following:
1) Clubhouses.
2) Cocktail lounges.
3) Equipment storage.
4) Gift shops.
5) Golf courses.
6) Golf equipment sales.
7) Golf learning centers.
8) Hotels.
9) Maintenance shops/buildings.
10) Motels.
11) Plant nurseries (noncommercial).
12) Pro shops.
129
13) Project information and real estate sales facilities.
14) Recreational and commercial.
15) Recreational facilities, including bike paths, driving ranges, handball courts,
parks, putting greens, racquetball courts, swimming pools, tennis courts, and
nature trails.
16) Recreational vehicle storage areas.
17) Restaurants.
18) Sales facilities.
19) Sporting goods sales.
20) Tennis equipment sales.
21) Water management facilities.
22) Other similar uses when approved by the planning manager.
4. Single-Family Residential Attached and Detached Districts (SF). Single-Family
Residential use category is a permitted use in the areas depicted as Residential (R) on
Map H, the Conceptual Master Plan.
a. Purpose and intent. It is the intent of the single-family attached and detached district
to recognize and provide for a variety of dwelling types commonly referred to as
"single-family attached dwelling units," whether referred to as a "townhouse," "row
house," "duplex," "triplex," "villa," "garden apartment," or any other name for similar
type structures, as well as the conventional single-family detached dwelling unit, to
also include patio and zero lot line units.
b. Permitted uses and structures. Permitted uses and structures in the SF district
include the following:
1) Assisted living facilities.
2) Community and cultural facilities.
3) Conservation and water management facilities.
4) Golf courses.
5) Guesthouses.
6) Home occupations (in accordance with the requirements set forth in the land
development code).
7) Noncommercial boat launching facilities and docking areas not accessory to an
individual residential structure.
8) Private facilities, such as utility stations and substations.
9) Private recreational clubs and facilities intended to serve the neighborhood (with
consumption of alcoholic beverages on the premises) in which located, but not to
include fraternal organizations and/or recreational clubs.
10) Public and private parks, playgrounds, play fields, and commonly owned open
space.
11) Recreational vehicle areas restricted to a maximum number of 40 sites.
12) Sales facilities.
13) Single-family attached.
14) Single-family detached.
130
15) Any other principal use or accessory use which is compatible in nature with the
foregoing uses and which the director determines to be similar and/or compatible
with the residential district, including but not limited to:
a) Private garages, carports and parking areas;
b) Private swimming pools and enclosures;
c) Private tennis courts;
d) Fences and walls;
e) Private boat docks accessory to the residence served.
c. Residential District Regulations. (See Table A below.)
5. Multi-Family District (MF). Multi-Family District is a permitted use in the areas depicted as
Residential (R) on Map H, the Conceptual Master Plan.
a. Purpose and intent. It is the intent and purpose of this subsection to set forth the
regulations for development of tracts, parcels or lots as multiple-family uses.
b. Permitted uses and structures. Permitted uses and structures in the MF district
include the following:
1) Any use or structure permitted in the single-family residential attached and
detached district (SF).
2) Hotels.
3) Motels.
4) Multifamily.
5) Any other principal use or accessory use which is compatible in nature with the
foregoing uses and which the director determines to be similar and/or compatible
with the residential district, including, but not limited to:
a) Private garages, carports and parking areas;
b} Private swimming pools and enclosures;
c) Private tennis courts;
d) Fences and walls;
e) Private boat docks accessory to the residence served.
c. Residential district regulations. (See Table A below.)
Table A: Residential Districts Regulations (SF and MF)
~------~-----------
Single-Family Detached District
Permitted Uses and Single-Family
Patio and
Zero Lot
Standards Detached
Line
r-Category 1 j 2
Single-Family Attached Multi-Family I
Single-Family J
Two-Family Multi-family
Attached, Triplex and
and Duplex Dwellings, ALFs
Townhouse
~J
3 4 5
I
131
Minimum lot are~ 6,500 SF I 4,000SF 2,500 SF *3 2,500 SF I 20,00:J
I ,--
Minimum lot width
*4
50 30 35 30 100
-r-
I I 20 ~ 0 r Front yard *1 *2 20 20 20
I Front yard for
angled and side 15 10 10 10 15
I
entry garage
I Side yard *1 5 *5 7.5 0.5 BH 0.5 BH J
Rear yard principal 20 10 15 15 0.5 BH
I -
Rear yard accessory 10 5 10 10
I
15
---
Rear yard special T 10 5
I
10
I
10 I 0.5 BH
Maximum building
35 35 35 35 1 -=J height
-I Floor area (min.)
1,400 SF 600SF 600 SF 600SF 500 SF
(SF) I
Building coverage
45% 45% 45% 45% 45%
(max.)
NOTES:
BH: Building height. SBH: (Sum of building heights): Combined height of two adjacent buildings for
the purpose of determining setback requirements. All distances are in feet unless otherwise noted.
*1. Reduced setbacks with approval from Pelican Preserve Design Review Committee for
side and rear yards for principal structures on lots which abut lake, open space, or reserve
areas. With approval from Pelican Preserve Design Review Committee, front yards shall
be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent
right-of-way line.
B. If the parcel is served by a private road, setback is measured from the access
easement.
132
*2. Dwellings which provide for two parking spaces within an enclosed garage and provide for
guest parking other than in private driveways may reduce the front yard requirement to 12
feet for the garage and 15 feet for the remaining structures.
*3. Each half of a duplex unit requires a lot area allocation of 2,500 square feet for a total
minimum lot area of 5,000 square feet.
*4. Minimum lot width may be reduced by 20 percent for cul-de-sac lots, provided the
minimum lot area requirement is still maintained.
*5. Zero feet or a minimum of five feet on either side, except that where the zero-foot yard
option is utilized, the opposite side of the structure shall have a ten-foot yard. Zero-foot
yards may be used on both sides of a structure, provided that the opposite ten-foot yard is
provided.
*6. Setbacks measured to the nearest point of the building, and not including windows,
shutters, overhangs and awnings.
*7. Building height for assisted living facilities only may be ten stories over parking.
6. Village Center Commercial District (VC).
a. Purpose and intent. The purpose of the village center commercial district (VC) is to
set forth regulations for hotels, offices, retail, multifamily residences and certain
commercial facilities serving the traveling public, city residents and the greater county
area.
b. Permitted uses and structures. Permitted uses and structures in the VC district
include the following:
1) Adult day care centers.
2) Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes and
other customary clothing accessories.
3) Assisted living facilities.
4) Auto service stations, minor repairs.
5) Banks and financial institutions, drive-in facilities and automated teller machines
(ATM).
6) Botanical and zoological gardens.
7) Child care centers.
8) Churches.
9) Clubs, private.
10) Cocktail lounges or bars.
11) Commercial centers.
12) Commercial, recreational uses.
13) Community facilities.
14) Conference centers.
15) Conservation and water management facilities.
16) Cultural centers.
17) Department stores.
18) Drug stores.
19) Food stores.
133
20) Golf courses, and related uses.
21) Health care clinics, including, but not limited to, medical, dental, optical,
chiropractic, and osteopathic, plus related facilities, such as blood banks and
organ donor facilities.
22) Hotels and motels.
23) Longterm care facilities.
24) Medical offices.
25) Multiple-family dwelling units.
26) Nightclubs.
27) Nursing homes.
28) Offices, business and/or professional.
29) Package stores.
30) Parking garages, public or private.
31) Personal services including, but not limited to, barbershops, beauty salons,
health spas, laundry and dry cleaning pickup establishments, self-service
laundries and the like.
32) Public and private parks and commonly owned open space.
33) Recreation facilities, indoor and outdoor, commercial.
34) Restaurants, including fast food and refreshment stands. Consumption of
alcoholic beverages on the premises shall be permitted in accordance with the
requirements of the land development code.
35) Schools, private or commercial.
36) Self-service fuel pump service stations.
37) Signs.
38) Specialty shops, including but not limited to, antique and curio shops, arts, craft
and hobby shops, bait and tackle shops, bicycle rentals, bookstores, florists, gift
and souvenir shops, newsstands, novelty shops, stationery shops and other
similar retail sales or service shops.
39) Studios for artists, photography, interior decorating and similar uses.
40) Supermarkets.
41) Theaters (indoor as well as outdoor amphitheaters).
42) Other uses. The director may approve any other commercial or professional
service which is comparable and compatible with the stated purpose and intent of
this district.
c. Prohibited uses. These uses are expressly prohibited in all commercial, business,
office or similar districts:
1) Adult entertainment establishments.
2) Automobile wrecking or automobile wrecking yards.
3) Bottle clubs.
4) Drive-in theaters.
d. Development regulations. (See Table B below.)
134
e. Exceptions. In order to permit maximum flexibility in designing and planning for an
innovative development within the village center commercial district, the developer
shall have broad powers to reduce, eliminate, or adjust parcel boundary line setbacks
and minimum distances between buildings specified in Table B, provided that:
1) All building and fire code requirements are met.
2) The planning manager with the consent of the planning manager and public
works department director, determines that the reduction, elimination or
adjustment does not negatively impact the public health and safety.
3) If the developer disputes the finding of the planning manager, the developer has
the right to appeal the decision of the planning manager on all fire and life safety
issues to the fire and building board of appeals, pursuant to the procedure set
forth in the land development code.
7. General Commercial District (C).
a. Purpose and intent. The purpose of the general commercial district (C) is to set forth
regulations for hotels, offices, retail and certain commercial facilities serving the
traveling public, city residents and the greater county area.
b. Permitted uses and structures. Permitted uses and structures in the (C) district
include the following:
1) Adult day care centers.
2) Apparel shops, including, but not limited to, clothing, hats, jewelry, shoes, and
other customary clothing accessories.
3) Assisted living facilities.
4) Auto service stations, minor repairs.
5) Banks and financial institutions, drive-in and automated teller machine (ATM)
facilities.
6) Botanical and zoological gardens.
7) Car washes.
8) Child care centers.
9) Churches.
1 O) Clubs, private.
11) Cocktail lounges or bars.
12) Commercial centers.
13) Commercial, recreational uses.
14) Community facilities.
15) Conservation and water management facilities.
16) Department stores.
17) Drug stores.
18) Food stores.
19) Funeral homes and mortuaries.
20) Garden or lawn supplies and equipment (outdoor display permitted).
21) Geriatric outpatient clinics.
135
22) Golf courses, and related uses.
23) Golf cart sales and service.
24) Hardware, paint, floor and wall coverings.
25) Health clinics, including, but not limited to, medical, dental, optical, chiropractic,
and osteopathic, plus related facilities, such as blood banks and organ donor
facilities.
26) Home appliance, furniture, furnishings and supplies.
27) Hospitals.
28) Hotels and motels.
29) Institutional facilities.
30) Kennels.
31) Longterm care facilities.
32) Medical offices.
33) Nursing homes.
34) Offices, business and/or professional.
35) Package stores, with no on-site consumption.
36) Parking garages, public or private.
37) Personal services, including, but not limited to, barbershops, beauty salons,
health spas, laundry and dry cleaning pickup establishments, self-service
laundries, and the like.
38) Pet stores, including pet grooming, but not boarding, provided all activities are
conducted totally within an enclosed building with no outside runs.
39) Public and private parks and commonly owned open space .
40) Recreation facilities, indoor only, including, but not limited to, arcades, bowling
alleys, game rooms, and theaters.
41) Repair services, including, but not limited to, small electrical appliances, radio,
television and electronic equipment, bicycles and other household furnishings,
but excluding the repair of gasoline or diesel engines .
42) Restaurants, including fast food and refreshment stands. Consumption of
alcoholic beverages on the premises shall be permitted in accordance with the
requirements of the land development code.
43) Sales facilities.
44) Self-service fuel pump service stations.
45) Schools, private or commercial.
46) Signs.
47) Specialty shops, including, but not limited to, antique and curio shops, arts, craft
and hobby shops, auto and boat parts (new or used), bait and tackle shops,
bicycle sales, rental and repair , bookstores, butchers, florists, gift and souvenir
shops, music shops, newsstands, novelty shops, optical shops, stationery shops,
sporting goods stores, tobacco shops, and other similar retail sales or service
shops.
136
------
48) Studios for artists (no towers), dancing or music instruction in completely
enclosed, soundproofed buildings, interior decorating, photography, and the like.
49) Supermarkets.
50) Theaters, indoor.
51) Vehicle sales, and rentals.
52) Veterinarians.
53) Accessory uses and structures customarily associated with the uses permitted
in this district.
54) Any other principal use which is compatible in nature with the foregoing uses
and which the director determines to be similar and/or compatible with the
general commercial district.
c. Prohibited uses. These uses are expressly prohibited in the general commercial
district (C):
1) Adult entertainment establishments.
2) Automobile wrecking or automobile wrecking yards.
3) Bottle clubs.
4) Drive-in theaters.
d. Commercial district regulations. (See Table B below.)
Table B: Commercial District Regulations
' General Commercial Village Center J -
Minimum area 10,000 square feet 20,000 square feet
Minimum width (feet) 100 so
Minimum depth (feet) 150 100 I
Collector/arterial setback SO, plus 1 feet for every 2 feet over J so, plus 1 feet for eve~ 2 feet over
(feet) 50 feet 50 feet
I
Local/private street setback
20 20
(feet)
r
Parcel boundary setback 25, plus 1 feet for every 2 feet over 25, plus 1 feet for every 2 feet over j
(feet) 35 25
r--
Minimum floor area (square
1,000 1,000
feet)
I
137
---
I
.---M_a_x_im_u_m_h_e_i-gh_t _______ 10 stories ----~-----5-s_t_o_ri -es _ _J
Building coverage (max.) 50% 50%
8. Landscaping.
a. In general. This section supersedes the requirements in chapter 138, pertaining to
vegetation, except for section 138-72, pertaining to street tree requirements; section
138-76, pertaining to prohibited, nuisance trees; section 138-77, pertaining to
standards for removal and replacement; section 138-79, pertaining to emergencies;
section 138-81, pertaining to violations and penalties; section 138-101, pertaining to
required permits; section 138-102, pertaining to exemptions; section 138-103,
pertaining to application and submission requirements; section 138-104, pertaining to
site plan; section 138-105, pertaining to criteria for issuance; section 138-106,
pertaining to appeal and variance from denial; section 138-107, pertaining to duration;
and section 138-82, pertaining to lethal yellowing disease.
b. Minimum requirements. The following are the minimum landscape requirements for
the various land uses, including the minimum number of trees and shrubs:
Minimum Landscaping Requirements
Canopy Type Plants Land Use
Single-family lots I 0.7 per 4,000 square feet
0.7 per 4,000 square
feet, with 25% located
Single-family corner lots
within the required
street side yard
Multifamily lots 0.5 per 4,000 square feet
Multifamily corner lots
Commercial/hotel/ ALF
Commercial/hotel/ ALF
corner lots
0.5 per 4,000 square
- -
0.2 per 4,000 square Ii per 4,000 square feet,
feet, with 25% located feet, with 25% located with 25% located within
within the required within the required the required street side
street side yard street side yard yard
I I 0.4 per 4,000 square feet I 0.1 per 4,000 square feet 2 per 4,000 square feet I
2 per 4,000 square foot, I
feet, with 25% located foot, with 25% located
0.4 per 4,000 square 0.1 per 4,000 square
with 25% located within
within the required within the required the required street side
Sub-Canopy Type Plants Shrubs
0.4 per 4,000 square feet I 5 per 4,000 square feet
0.4 per 4,000 square 1 s per 4,000 square feet,
feet, with 25% located with 25% located within
within the required the required street side
street side yard yard I
0.2 per 4,000 square feet 2 per 4,000 square feet
I
138
- -
street side yard street side yard yard
*See Pelican Preserve Special Development Area landscape palette at the end of this section for
plant specifications.
c. Lawns. Lawns shall be placed on all areas not covered by principal and accessory
structures, walks and drives, and landscaped areas. Landscaped areas can include
trees and shrubs. Lawns shall extend to any abutting street pavement edge and to the
mean water line of any abutting canal, lake or waterway (not to exceed 30 feet from
said water line to property line) where the slope does not exceed two to one. No lawn
area shall be constructed with more than ten percent of the total area of gravel, stone,
concrete, asphalt, or other similar material, except necessary walks and drives.
d. Minimum perimeter landscaping and buffer yards.
1) In general. A landscape buffer yard shall be required along the entire perimeter
of the proposed development whenever the development use abuts a different
existing or permitted use. (See Pelican Preserve Special Development Area
landscape palette, Table C.) These requirements are in addition to the minimum
landscaping requirements identified above.
2) Land use abbreviations. Land use abbreviations are as follows:
SFD Single-family detached
SFA Single-family attached
MF Multifamily
COM Commercial use
RVP Recreation vehicle park
ROW Any street right-of-way or easement
3) Types of landscape buffer yards. The types of landscape buffer yards include
the following:
,------------,---
A B D C E F
I -I l r r---
Minimum width 10' 20' 25' 30' 10' 10'
I Trees required (*)(**) 3 5 5 3 3
I
Shrubs required (*) 12 24 28 15 30 T 15 l I
i (Type E buffer: berm and wall= 3' or 3' wall)
Berm required
(Type F buffer: berm and wall 6' or 6' wall)
139
(*) Required number of trees and shrubs per 100 linear feet.
(**) See canopy type plant or sub-canopy type plants for tree selection.
4) Required buffer yards at abutting uses. The required buffer yards at abutting
uses include the following:
SFD SFA MF COM RVP j
I
'
I
I
I
SFD A B C
~ -T · T SFA
MF
A
* * I
B C
I
A A * B C
-
COM B B B * B
I
I I I *_J RVP C C C B
Parking F F F E E 7
* No buffer is required
5) Exceptions and modifications. In the event a proposed development abuts an
existing development, which has provided more than the minimum required
landscape buffer yard in accordance with the above, the proposed development
shall only be required to provide additional sufficient width and landscaping to
meet the minimum required buffer yard width for abutting uses. In some cases,
no additional buffer may be required.
6) Landscape buffer yards adjacent to rights-of-way. All proposed
developments or neighborhoods shall provide buffer yards as follows:
a) Adjacent arterial or collector streets.
Type Buffer r
1. Residential
I
2. Commercial (general or village)
I ---
Recreational vehicle park 3. T
4. Off-street parking areas adjacent to nonresidential
B
A
C
I
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_s_._,_r _________ o_ff_-s_tr_e_e_t _p_a_rk-in_g_ar_e_a_a_d_ja_c_e_n_t _to-res-id_e_ntial ________ ___,_I_F......,I
The requirements for residential may be changed to type A landscape yard, if a perimeter
wall or fence is constructed.
b) Adjacent local streets. Individual residential lots shall not be required to
provide a landscape buffer yard.
7) Sight distance for landscaping adjacent to street right-of-way intersection.
a) When a street or driveway intersects a public right-of-way, or when the
subject property abuts the intersection of two or more public rights-of-way,
all landscaping within the triangular areas described below shall provide
unobstructed cross-visibility at a level between two feet and nine feet so as
not to create a traffic hazard, except limbs and foliage shall be trimmed in
such a manner that no limbs or foliage extend into the cross-visibility area.
b) For the purposes of subsection (7) of this section, the term "triangular area"
means that area formed by the intersection of two streets or streets and a
commercial driveway with a 45 degree line extended from the pavement
radius point of each intersecting street or commercial driveway.
8) Required interior landscaping for off-street parking.
a) Interior landscaped areas shall equal or exceed a minimum of eight percent
of the total paved surface area.
b} Each separated landscaped area shall contain a minimum of 200 square
feet and no dimension shall be less than three feet and shall include at least
one tree, with the remaining area landscaped with shrubs, ground cover or
other authorized landscaping material not to exceed three feet in height.
c) Each landscaped area shall contain at least one tree. One tree shall be
located for every 30 lineal feet of landscaped area or portion thereof, or with
at least one tree per 200 square feet of landscaped area
d) Landscaped islands shall be used to subdivide parking areas into parking
bays of not over 40 spaces per bay. No more than 20 spaces shall occur in
an uninterrupted right-of-way.
9) Street tree requirements.
a) Treeline Avenue and Pelican Preserve Boulevard shall be planted with live
oaks at a spacing of 50 feet apart, with a minimum size at planting of eight
feet high, with a two-inch caliper at six inches from the base of the trunk. All
other planting specifications along Treeline Avenue and Pelican Preserve
Boulevard shall comply with section 138-72.
b} Listed below and on the following pages is the recommended Pelican
Preserve Special Development area landscape plant palette with minimum
sizes. Plant species must be indicated on the landscape plan and submitted
for review.
Table C: Pelican Preserve Special Development Area Landscape
Palette Chart-Specifications
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Canopy Type Plants* _J
Common Name Botanical Name
Acer rubrum Red Maple _J
. -·
I
I
I
Pinus elliottii "densa" Slash Pine
*Quercus virginiana Live Oak
*Quercus laurifolia Laurel Oak
r--
Sycamore
Ulmus American "floridana"
Plata nus occidentalis
Florida Elm
Keolreuteria elegans Golden Raintree
r--
Cabbage Palm
*Syagrus romanzoffiana Queen Palm
*Sabal palmetto
I
I
Washingtonia robusta Washington Palm
*Magnolia grandiflora Southern Magnolia
Peltophorum pterocarpum Yellow Poinciana
Jacaranda mimosifolia Jacaranda
Girdonia lasianthus I Loblolly Bay _J I
Southern Red Cedar Juniperus silicicola l I
Sweetgum Liquidambar styraciflua
Magnolia virginiana Sweet Bay
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- -
--
----
* All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and
Standards for Nursery Plants, State Plant Board of Florida.
* Minimum size at planting is 12 feet, with a two-inch caliper.
Sub-Canopy Type Plants*
-
Botanical Name Common Name
Podocarpus macrophyllus Japanese Yew
' Nerium oleander Oleander
,------
Wax Myrtle Myrica cerifera
I
Callistemon spp. Bottle Brush
I ---
Ligustrum Ligustrum spp.
Cattley Guava Psidium littorale
Crape Myrtle Lagerstroemia indica
Myrsine Myrsine guianensis j
Burford Holly llex cornuta "burfordii"
I
llex cassine Dahoon Holly
r l _J
llex opaca "East Palatka" East Palatka Holly
Podocarpus gracilior T Weeping Podocarpus
* All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and
Standards for Nursery Plants, State Plant Board of Florida.
* Minimum required height installation is eight feet.
Shrubs*
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Botanical Name Common Name
I
Ligustrum spp. Ligustrum
I
I Pittosporum tobira Pittosporum
I --' Philodendron selloum Green Split Leaf Philodendron -I
' Schefflera arboricola Dwarf Schefflera
I
lxora coccinea "Nora Grant" Nora Grant lxora
Lagerstroemia indica Crape Myrtle
Podocarpus macrophylla Japanese Yew
I
Dracaena spp. Dracaena
Syzgium paniculata "compacta" Eugenia
-J -r I Myrica cerifera Wax Myrtle
Pyrancantha coccinea Fire Thorn
Nerium oleander "Petite Pink" Dwarf Oleander
llex glabra Gallberry
Myrsine guianensis Myrsine J
Tripsacum dactylodies Fakahatchee Grass
Viburnum odoratissimum Sweet Viburnum
Viburnum suspensum Sandankwa Viburnum
Eleagnus pungens Silverthorn T
Leucophyllum frutescens Texas Sage
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-------
--------
r·--
Murraya paniculata Orange Jasmine I
llex cornuta Dwarf Burford Holly
I r
Serenoa repens Saw Palmetto l
* All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the Grades and
Standards for Nursery Plants, State Plant Board of Florida.
* Minimum height is 18-24 inches; minimum spacing is 24-36 inches on center; and minimum
size is three gallons.
Buffering Materials *
Recommended plant material for buffering undesirable views (i.e., air conditioning units, pool
equipment, trash, storage, etc.), must be dense enough and in sufficient quantity at the time of planting
to adequately screen the view of equipment, trash, storage, etc. The required minimum height of this
plant material is four feet upon installation.
Botanical Name Common Name
I
I Myrica cerifera Wax Myrtle I
Viburnum Viburnum spp.
Podocarpus macrophylla Podocarpus ___ J
,--
Ligustrum spp. ~~ustrum __ _J
Syzgium paniculata Brush Cherry
I
* Plant materials not included on the above list shall receive consideration on an individual
basis. All plant material submitted for consideration must meet required minimums for sizing
and spacing. All plant material shall be Florida Fancy or Florida Grade No. 1 as defined in the
Grades and Standards for Nursery Plants, State Plant Board of Florida.
I. Administrative deviations.
1. The Pelican Preserve Special Development Area as set forth in this division provides for
administrative deviation requests . All requests for administrative deviations shall be
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submitted to the Pelican Preserve Design Review Committee for their review and
evaluation prior to submission to the city. The applicant must submit to the city a copy of
the Pelican Preserve Design Review Committee's review, which shall explain what was
considered by the Pelican Preserve Design Review Committee and their findings from this
division.
2. Deviations from the provisions of this division may be administratively approved by the
planning manager, with the consent of the public works department director.
3. Administrative deviations shall be granted only when the planning manager and public
works department director find that the following criteria have been met:
a. The alternative is no less consistent with the health, safety and welfare of the abutting
landowners and the general public than the standard from which the deviation is being
requested.
b. Special conditions may be attached to the approval of the administrative deviation to
address unique aspects of the parcel to protect a bona fide public interest. The
objective of administrative deviation is to provide design flexibility in community
development.
c. An application for administrative deviation shall include documentation, which
demonstrates how the administrative deviation will provide to the benefit of, or at least
not to the detriment of, the public interest, and how the deviation provides for good
planning and design flexibility.
d. The administrative deviation does not increase density or intensity (i.e., number of
dwelling units or quantity of commercial or industrial floor area), or decrease buffers or
open space.
4. The planning manager, with the consent of the public works department director, must
issue a written approval, denial, or approval with conditions. The approval, approval with
conditions, or denial must clearly identify the action requested by the applicant and the
basis of the final administrative action of the city. If the planning manager, with input from
the public works department director, denies the administrative deviation, this does not
preclude the applicant from submitting a variance application in accordance with the land
development code or filing an appeal of administrative action. All deviations, or variance
requests from other requirements of the land development code (other than this division)
must follow the procedures identified in the land development code.
118.6.3 -Forum Special Development Area.
A Purpose and intent. It is the purpose of this division to improve and protect the public health,
safety and welfare by pursuing the following objectives:
1. Encourage innovation in community development.
2. Foster the safe, efficient, and economic use of the land and public facilities and services.
3. Facilitate the provision of adequate public services, such as transportation, water,
sewerage, drainage, electricity, open space and parks.
4. Encourage patterns of land use which decrease trip length of automobile travel and
encourage trip consolidation.
5. Improve the design, quality and character of new development.
6. Foster a more functional pattern of relationships between residential, office, commercial
and recreational land uses.
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7. Set forth the standards and guidelines for the future development of the Forum Special
Development Area.
B. Interpretation.
1. The provisions herein apply to the development of land within the property designated as
the Forum Special Development Area located within the city. The requirements of the city's
land development code shall apply if this division does not otherwise address the area of
regulation, as it may be amended.
2. The interpretation and application of the Forum Special Development Area will be
reasonably and uniformly applied to all property within the city that is designated as the
Forum Special Development Area.
C . Conceptual master plan.
1. The conceptual master plan is for those lands described as follows:
THEFORUM
IN SECTIONS 22, 26 AND 27,
TOWNSHIP 44 SOUTH, RANGE 25 EAST,
CITY OF FORT MYERS,
LEE COUNTY, FLORIDA
PARCEL A
All that part of Section 22, Township 44 South, Range 25 East, lying southwesterly of
lmmokalee Road (SR 82) and easterly and southerly of Interstate 75 (SR 93); and all that
part of the west half of the northwest quarter of Section 26, Township 44 South, Range 25
East, lying northwesterly of Six Mile Cypress as described in the deed recorded in the
Official Record Book 1608 at Page 24 and northwesterly of Audubon Tract as described in
the Official Record Book 1119 at Page 1031, of the county records; and all that part of
Section 27, Township 44 South, Range 25 East, lying easterly of Interstate 75 (SR 93),
northerly of Colonial Boulevard (SR 884) and northerly and northwesterly of Six Mile
Cypress as described in the deed recorded in the Official Record Book 1608 at Page 24, of
the county records, and containing 706.3 acres, more or less.
2. The development plan for those lands submitted as the Forum Special Development Area
will generally follow the pattern of land uses as depicted on the conceptual master plan for
the Forum Special Development Area as shown on Map H on file in the city clerk's office.
The specific location of uses may be amended, switched, shifted or changed with
administrative approval by the planning manager and public works director, as long as the
total number of dwelling units and/or retail, office or industrial square footage designated
on Map H, on file in the city clerk's office, the approved master concept plan attached, is
not increased and is consistent with Resolution No. 2006-37, the development order for the
Forum Development of Regional Impact (ORI}. Parcel lines and land use parameter
acreage are shown for the general purpose of depicting development areas and use
intensities; however, they can be changed by the developer during the platting process.
D. Definitions. Except as specifically defined herein, words contained in this division shall be
defined by Chapter 142.
Design review committee means a group of individuals who have the responsibility for enforcing the
design review guidelines and procedures within the Forum Special Development Area. This
committee has the authority and responsibility to review all exterior activities, including, but not
limited to, construction, landscaping, new installations, modifications, alterations, repairs or
reconstruction, and deviations from this division, as well as other sections of the land
development code. The committee is selected by the developers, or by the property owners'
association once the developer is completely finished with build out of the Forum Special
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Development Area, and shall consist of fourto ten individuals with various areas of professional
expertise relating to construction and design.
Site plan means the development plan for one or more lots, building lots, tracts or parcels, which
depicts the existing and proposed conditions of the lots, tracts and/or parcels and any other
requirements set forth in the land development code for development permits.
E. Forum design review committee.
1. All developers or builders within the Forum Special Development Area must obtain site
development approval and building permits from the city. All applications for site
development approval and building permits must be on the standard city applications and
must include all necessary attachments. In order for site development approval and/or
building permit applications to be considered complete, they must include written
documentation from the Forum Design Review Committee that demonstrates the fact that
the builder or developer submitted the application for review and received approval from
the Forum Design Review Committee.
2. The Forum Design Review Committee shall review all vertical and site development within
the Forum Special Development Area pursuant to the land development code.
3. The Forum Design Review Committee will review and provide written verification of review
and approval of all site development and building plans prior to the submission of a
preliminary plat and/or building permit application to the city. Ten sets of plans shall be
submitted to the Forum Design Review Committee. The Forum Design Review Committee
will, upon completion of its review, grant approval, conditional approval or denial based on
the plans and related information. When plans are approved, the plans will be stamped
with the approval of the Forum Design Review Committee, and signed and dated. The
Forum Design Review Committee will return five sets of plans to the applicant to be used
for submission to the city. If the approval from the Forum Design Review Committee was a
conditional approval, the plans will note the conditions, which will also be submitted to city.
4. The Forum Design Review Committee will review all site plans and building plans for
evaluation of the following types of improvements:
a. Building location.
b. Street layout.
c. Existing and proposed vegetation.
d. Signage (permanent and temporary signage for builders/tradesmen) (see exhibit A,
the Signage Plan for the Forum, on file in the city clerk's office, for signage
specifications).
e . Grading and drainage.
f. Sidewalks and bike paths.
g. Exterior building materials .
h . Building height.
i. Building setbacks.
j. Lighting.
k. Type and location of accessory structures.
I. Walls and fences.
5. The Forum Design Review Committee shall create a checklist that includes all of the above
items. The Forum Design Review Committee shall complete the checklist for every site
plan, plat, building permit and development permit submittal, and shall note on the
checklist its findings and evaluation. A copy of the completed checklist shall be signed by
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the Forum Design Review Committee and provided to the applicant for submission to the
city.
F Supplemental regulations.
1. Signage. Sign guidelines are to be in conformance with exhibit A, the Signage Plan for the
Forum, dated April 2004, which is on file in the city clerk's office. Any signage specification
not addressed by the Signage Plan for the Forum shall be subject to the signage
requirements set forth in chapter 126. All applications to the city for a sign permit shall
include written verification from the Forum Design Review Committee that a completed
application for consideration of the signage proposal has been reviewed and approved by
the Forum Design Review Committee.
2. Model units and/or sales facilities. Model units and/or sales facilities to promote the sale
of the units within the Forum are a permitted use in mixed use district one (MU-1), mixed
use district two (MU-2) and mixed use district three (MU-3).
3. Open space requirements. The Forum Special Development Area shall follow the open
space requirements identified in exhibit B on file in the city clerk's office.
4. Sign fee. The developer agrees to pay an amount not to exceed $1,000 .00 per foot of the
sign over 50 feet for each of the two signs, to be paid at the time of sign permitting. Said
funds shall be held in escrow for landscaping along Colonial Boulevard east of 1-75 and
along SR 82 east of 1-75, for installation within the right-of-way between the pavement
edge and the forum property lines or within the medians, with preference given to the right
of-way landscaping. Landscaping provided shall be consistent with the landscape
guidelines of the forum and approved by the Forum Design Review Committee. The funds
provided will be used after widening of SR 82 and Colonial Boulevard.
G. Zoning districts.
1. Purpose and intent. The purpose of this section is to set forth the types of uses which
may be permitted within each of the zoning districts designated on the conceptual master
plan map A, on file in the city clerk's office. The general location and development
parameters for each district are identified on the conceptual master plan map A.
2. Mixed Use District One (MU-1).
a. Purpose and intent. The purpose of the mixed use district one (MU-1) is to set forth
the general locations for uses within the Forum Special Development Area where
retail, office, hotel and certain commercial facilities serving the interstate traveling
public can exist together, in unison, and complement one another through well
planned site design techniques and safe, efficient and economical use of land and
public facilities.
b. Permitted uses and structures. Permitted uses and structures in the MU-1 district
include any use permitted in the professional office district (PO), the commercial
general district (CG) and/or the commercial intensive district (Cl).
c. Property development regulations. The minimum lot size, building coverage,
building height, front yard, side yard, and rear yard within the mixed use district one
(MU-1) shall be no less than the minimums required by section 118.2.2.
3. Mixed Use District Two (MU-2).
a. Purpose and intent. The purpose and intent of the mixed use district two (MU-2) is to
set forth the general locations for uses within the Forum Special Development Area
where retail, office, hotel, industrial, and certain commercial facilities serving the
interstate traveling public can exist together, in unison, and complement one another
through well planned site design techniques and safe, efficient and economical use of
land and public facilities. Additionally, measures shall be employed to mitigate any
149
potential impacts from industrial land uses to the surrounding area, such as use
extensive landscaping and/or sightproof enclosures.
b. Permitted uses and structures. Any use permitted in the professional office district
(PO), the commercial general district (CG), the commercial intensive (Cl), and/or the
light industrial district (IL) shall be permitted in the MU-2 district.
c. Property development regulations. The minimum lot size, building coverage,
building height, front yard, side yard, and rear yard within the mixed use district two
(MU-2) shall be no less than the minimums required by sections 118.2.2.
4. Mixed Use District Three (MU-3).
a. Purpose and intent. The purpose and intent of the mixed use district three (MU-3) is
to set forth the general location of uses within the Forum Special Development Area
where retail, office, hotel, residential and certain commercial facilities serving the
interstate traveling public can exist together, in unison, and complement one another
through well planned site design techniques and safe, efficient and economical use of
land and public facilities. Additionally, measures shall be employed to mitigate any
potential impacts from commercial and/or office land uses to the surrounding
residential area, such as use extensive landscaping and/or sightproof enclosures .
b. Permitted uses and structures. Any use permitted in the residential high density
multifamily district (RM-16), the professional office district (PO), the commercial
general district (CG) and/or the commercial intensive district (Cl) shall be permitted in
the MU-3 district.
c. Property development regulations. The minimum lot size, building coverage,
building height, front yard, side yard, and rear yard for retail, office or hotel uses within
the mixed use district three (MU-3) shall be no less than the minimums required by
sections 118.2.2. The minimum lot size, building coverage, building height, front yard,
side yard , rear yard , waterfront yard and living area for residential uses within the
mixed use district three (MU-3) shall be no less than the minimums required by
section 118.2.1 for the residential district RM-16.
H. Administrative deviations.
1. The Forum Special Development Area as set forth in this division provides for
administrative deviations. All requests for administrative deviations shall be submitted to
the Forum Design Review Committee for their review, evaluation and recommendation
prior to submission to the city. The applicant must submit to the city a copy of the Forum
Design Review Committee's recommendation, which shall explain what the committee
considered in reaching its recommendation.
2. Deviations from the provisions of this division may be approved administratively by the
director, with the consent of the public works director.
3. Administrative deviations shall be granted only when the director and public works director
find that the following criteria have been met:
a. The administrative deviation is for development that attempts to employ new urbanism
design techniques and promote the smart growth initiatives. Administrative deviations
that encourage innovation in community development, improve the design, quality and
character of new development, foster a more functional relationship pattern between
different land uses, encourage patterns of land use that decrease trip lengths of
automobile travel and encourage trip consolidation, and foster safe, efficient and
economic use of land and public facilities/services shall be given greatest
consideration.
b. The alternative is no less consistent with the health, safety and welfare of the abutting
landowners and the general public than the standard from which the deviation is being
requested.
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c. Special conditions may be included in the administrative deviation to address unique
aspects of the parcel to protect a bona fide public interest. The objective of an
administrative deviation is to provide design flexibility in community development.
d. The application for the administrative deviation shall include documentation, which
demonstrates how the administrative deviation will provide to the benefit of, or at least
not to the detriment of, the public interest, and how the deviation provides for good
planning and design flexibility.
e. The administrative deviation does not increase density or intensity (i.e., number of
dwelling units or quantity of commercial or industrial floor area), or decrease the
minimum required buffers, open space or tree canopy.
4. The director, with the consent of the public works director, must issue a written approval,
denial, or approval with conditions of the administrative deviation. The approval, approval
with conditions, or denial must clearly identify the action requested by the applicant and the
basis of the final administrative action of the city. If the director, with recommendation from
the public works director, denies the administrative deviation, this does not preclude the
applicant from submitting a variance application in accordance with the land development
code or filing an appeal of administrative action. All variance requests from other
requirements of the land development code, other than this division, must follow the
procedures set forth in the land development code.
I. Signage hold harmless and maintenance agreements; Hanson Street extension
alignment.
1. The applicant shall provide a hold harmless agreement and maintenance agreement to the
city for consideration by the city council for the installation and maintenance of signage in
the rights-of-way prior to the issuance of building permits.
2. The applicant shall coordinate with the city engineer to determine the alignment for the
Hanson Street Extension that will traverse the Forum Special Development Area property.
The alignment shall be determined within one year from the date of the approval of the
special development area or the applicant shall be relieved of the commitment to provide a
right-of-way for the Hanson Street Extension.
ARTICLE 7. -COMMUNITY APPEARANCE
118.7.1-General Provisions.
A. Purpose and intent. The purpose and intent of this Article is to encourage design principles
which promote an attractive living and working environment, enhance community pride,
preserve property values, attract business investments and promote the public health, safety
and welfare.
B. Applicability. This article shall be comprised of four separate planning strategies as follows:
maintenance strategies; corridor-conscious development strategies; corridor improvement
strategies; and neighborhood plans. These strategies shall be prepared for the areas identified
in the comprehensive plan, and upon adoption by city council, incorporated herein and made
part of the land development code.
C. Compliance. All development proposals along any of the designated corridors shall undergo
site plan review by staff for compliance with the appropriate supplemental regulations.
118.7.2 -Maintenance Strategies.
151
A. The following corridors have been designated in order of priority in the comprehensive plan for
a maintenance strategy, and additional streets may be added to the list as deemed necessary:
1. Fowler Street
2. McGregor Boulevard
3. Broadway
4. Marsh Avenue
5. Luckett Road
6. Veronica S. Shoemaker
7. Metro Parkway
8. First Street
B. A maintenance strategy shall be prepared for each individual area in order to preserve existing
unified areas and neighborhoods. New development proposed for these areas shall undergo
site plan review by staff for visual and functional compatibility with the surrounding area.
C. The following applies to East First Street:
1. Signage. All signs on property fronting on East First Street between Fowler Street and
Billy's Creek shall comply with the requirements as for signs in the professional office
district as set forth in chapter 126.
2. Special setback and frontage road requirements. By virtue of the natural and historic
beauty of McGregor Boulevard between Johnson Street and Edison Estate, and also that
of East First Street between Fowler Street and Billy's Creek, and because of their locations
in the comprehensive plan, it is the intent of this section, in order to preserve this value to
the community, to require that all buildings and structures on properties abutting both sides
of these two streets shall maintain a setback from the street right-of-way of not less than 25
feet. Such setback area shall be used only for landscaping, except for necessary walks or
driveways as approved by the building official, and along East First Street only, signs in
accordance with chapter 126.
118.7.3 -Corridor-Conscious Development Strategies.
A. The following corridors have been designated in the comprehensive plan for a corridor-
conscious development strategy, and additional streets may be added to the list as deemed
necessary:
1. Colonial Boulevard
2. Winkler Avenue -see 118.4.2
3. Summerlin Road
4. Metro Parkway
5. Ortiz Avenue
6. Veronica S. Shoemaker
7. Marsh Avenue
8. Boy Scout Drive
9. Omni Road
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B. Corridor-conscious development strategies shall be prepared for areas that are not yet
developed or have a strong potential for significant redevelopment. Each individual corridor
strategy shall address, as a minimum, the following design issues: access control, special
setbacks, street trees and landscape treatment, buffering techniques, internal circulation
systems, special signage requirements and underground utilities. Where these supplemental
regulations conflict with other code requirements, these supplemental regulations take
precedence. Any item not specifically addressed here shall follow existing code requirements.
118.7.4-Corridor Improvement Strategies.
A. The following corridors have been designated in order of priority in the comprehensive plan for
a corridor improvement strategy, and additional streets may be added to the list as deemed
necessary:
1. Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard)
2. Palm Beach Boulevard
3. Evans Avenue/Fowler Street one-way pair
4. U.S. 41 (Cleveland Avenue) -see 118.4.3
5. Hanson Street
B. Corridor improvement strategies shall be prepared to correct problems that have arisen over the
years due to poor site planning. These strategies shall be prepared and adopted as
amendments to the comprehensive plan. Until such time as the improvement strategies are
completed, development proposals shall be reviewed considering corridor-conscious design
criteria.
118.7.5 -Neighborhood Plans.
A. General provisions.
1. Plans required. Neighborhood plans, in order of priority, shall be prepared for the following
areas:
a. Velasco Village
b. Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard)
c. Lincoln Boulevard
d. East Henderson Avenue
e. Highland
f. Billy
g. South Ballard Road
h. Flagler
2. Intent. To ensure visual and functional compatibility, the neighborhood plans shall, as a
minimum, provide for unity in building design, landscape and site treatment, and signage.
The intent is to promote the redevelopment of these areas through special controls,
economic incentives, as well as public and private investment.
B. Neighborhood Redevelopment District.
153
1. Purpose. By virtue of its location in the comprehensive plan of the city and in the
community redevelopment plan entitled "Velasco Village Neighborhood Redevelopment
Plan," it is the express intent of the Velasco Village Neighborhood Redevelopment District
to promote the redevelopment of the area, which is to be predominantly developed with
single-family homes, as a desirable and affordable residential area. The regulations of this
district are intended to:
a. Protect and upgrade the single-family character of the area.
b. Encourage the discontinuance of existing incompatible uses.
c. Protect and promote a suitable environment for family living.
d. Prohibit any use which, because of its character, size or location, would generate
other than normal residential traffic on local streets, or would create excessive
requirements and costs for public services.
e. This district shall consist of a single-family district, and a overlay zone to
accommodate adult congregate living facilities. There are special controls for this
district to provide incentives for affordable housing, provide for buffers between
backyards in this neighborhood and adjacent neighborhoods, and to ensure the
development of a pleasing, safe and desirable single-family neighborhood.
2. Uses permitted. In the neighborhood redevelopment district, no building, structure or land
shall be used and no building or structure shall hereafter be erected, constructed,
reconstructed, or structurally altered which is designed, arranged, or intended to be used
or occupied for any purpose other than for one or more of the following uses:
a. One-family dwellings.
b. Home occupations.
c. Buildings and uses normally accessory to the above uses.
3. Conditional uses.
a. In the neighborhood redevelopment district, certain uses may be permitted after
review and public hearing by the board of adjustments. The board shall consider the
recommendation of the planning board. Each case shall be considered independently,
and approval of any conditional use shall not be construed to establish precedent for
other cases.
b. The board of adjustments shall review the following and may require mitigation of
adverse impact as a condition of approval:
1) Impacts on the local economy, including governmental fiscal impact, employment
and property values.
2) Impacts on the natural environment, including air, water and noise pollution,
vegetation and wildlife, open space, noxious and desirable vegetation and flood
hazards.
3) Impacts on historic, scenic and cultural resources, including views and vistas,
and loss or degradation of cultural and historic resources.
4) Impacts on public services, including water, sewer, surface water management,
police, fire, parks and recreation, streets, public transportation, marinas and
waterways, and bicycle and pedestrian facilities.
5) Impacts on housing and social conditions, including variety of housing unit types
and prices, and neighborhood quality.
c. The following uses may be considered by the board of adjustments upon receipt of a
properly executed application accompanied by a site plan:
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1) Public utility substations and structures.
2) Child care centers.
3) Churches and their related accessory buildings and structures, such as religious,
education and recreational facilities.
4) Public community center buildings, public libraries, public recreational areas and
facilities, public museums and public historical facilities.
5) Public or parochial schools through the 12th grade.
6) Residential care facilities.
7) All buildings and uses normally accessory to the above uses.
4. Adult Congregate Living Facility Floating Zone. Within the adult congregate living
facility {ACLF) floating zone, ACLF projects or section 202 housing projects totaling no
more than 50 units may be permitted after review and public hearing by the board of
adjustments, in the same manner as a conditional use {pursuant to section 118. 7 .5.8.3).
Such facilities shall not exceed 50 units at a maximum density of ten units per acre {see
also section 118.3.3.A.5), with a maximum height of 14 feet.
5. Lot size. The minimum lot size in the neighborhood redevelopment district shall be as
follows:
a. One-family dwellings.
1) Width, 75 feet;
2) Depth, 100 feet;
3) Area, 7,500 square feet.
b. All other uses.
1) Width, 150 feet;
2) Depth, 150 feet;
3) Area, 22,500 square feet.
6. Living area. The minimum living area of structures in the neighborhood redevelopment
district shall be as follows:
a. One-family dwellings shall have a minimum of 900 square feet.
b. Adult congregate living facilities shall have a minimum of 500 square feet for each
separate unit.
7. Building coverage. The maximum building coverage permitted in the neighborhood
redevelopment district shall be 35 percent.
8. Building height. The maximum building height in the neighborhood redevelopment district
shall be 32 feet, except for adult congregate living facilities which shall be 14 feet.
9. Front yard. The minimum front yard setback in the neighborhood redevelopment district
shall be 25 feet.
10. Side yards. The minimum side yard setback in the neighborhood redevelopment district
shall be seven feet on both sides of interior lots and on the interior side of corner lots. On
corner lots, the side adjacent to the street shall not be less than 20 percent of the lot width,
but in no case less than 12½ feet. The side yard need not be greater than 25 feet.
11 . Rear yard. The minimum rear yard setback in the neighborhood redevelopment district
shall be ten feet.
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12. Off-street parking. The minimum off-street parking requirements for the neighborhood
redevelopment district are set forth in chapter 134.
13. Signs. The sign requirements in the neighborhood redevelopment district are set forth in
Chapter 126.
14. Design standards. All development within the neighborhood redevelopment district shall
meet the following design standards. In the event of conflicts with other regulations, the
more stringent criteria shall prevail.
a. Landscaping.
1) Trees. A minimum tree canopy coverage shall be provided of 15 percent, in
accordance with chapter 138 and the City of Fort Myers Tree Handbook.
2) Lawns. All lawn areas must be sodded or seeded. St. Augustine species
(Floratam, Bitter Blue, and Seville) or Bermuda grasses are encouraged. No
rock, gravel or concrete shall substitute as a ground cover or lawn.
b. Fencing. Chain link (or cyclone) fencing is prohibited in front yards or on corner lots in
side yards adjacent to the street (see also section 118.3.8).
c. Outdoor living spaces.
1) Front porches. A front porch, facing the street, with minimum dimensions of five
feet deep and ten feet long, is required. This porch shall be accessible both to
the house and yard. It may be screened or roofed, but shall not be enclosed by
walls or otherwise extending more than three feet vertically from the porch floor.
2) Outside lighting. A minimum of one outdoor light is required. This light may be
located on the house itself, on the front porch, or in the yard, but shall be located
to avoid glare on adjacent property as much as possible.
d. Buffering and screening. A landscape buffer consisting of areca palms planted every five
feet on center, of a minimum seven-gallon in size at the time of planting, is required along
any property line abutting a railroad track, commercial use, arterial or collector road, or
property not within this district, subject also to chapter 134.
118.7.7 -Public Art.
A. Purpose and intent. The purpose and intent of this section is to establish the framework for a
comprehensive policy to promote the educational, cultural, economic and general welfare of the
city in keeping with the vitality for which the city is recognized and to provide the means to
enhance its aesthetic environment, to encourage incorporation of public art into private and
public development recognizing that the art will become integral, lasting components of the
cityscape and will be of intrinsic value to developments or, in lieu thereof, to contribute monies
to the public art fund to provide for incorporation of visual art throughout the city. Public art
provides artistic and cultural resources that enhance the quality of life for individuals living and
working in the city. By mandating a percent for art fee for vertical capital improvement projects
and encouraging contributions for private development projects, planned unit developments,
and government entity projects, not including city vertical capital improvement projects or city
owned buildings, within the city, the public art program serves to:
1 . Promote and strengthen civic pride;
2. Enhance and define the identity of the city;
3. Reflect the unique character and history of the city;
4. Create an important impression for visitors;
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5. Encourage and increase tourism;
6. Spur economic development within the community;
7. Increase property values;
8. Reinforce the community as a regional and national leader in visual and performing arts;
9. Elevate the image of proximately located corporate enterprises;
10. Create visual and aesthetic landmarks;
11. Impart a cohesive visual and physical appearance;
12. Enhance the public environment visually;
13. Enrich the cultural climate of the city;
14. Enhance the quality of life;
15. Engage the community;
16. Raise the level of awareness to the importance of aesthetic and intellectual experiences
in everyday life; and
17. Promote awareness of visual arts in the public realm.
B. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Accessible means public art that is viewable by the public.
Commercial building means any building or structure, all or part of which contains a commercial or
industrial use permitted by this Code.
Construction means a new building, renovation of an existing building, or addition to a building.
Construction costs means the total value of all construction, reconstruction or addition as determined
by the chief building official in issuing a building permit for such construction, reconstruction or
addition.
Government entity means an agency, instrumentality or other entity of federal, state, or local
government including multijurisdictional agencies, instrumentalities and entities.
Percent for art fee means a fee established for the collection of monies to support the public art
program.
Private development means any project to be paid for wholly or in part by the developer or owner for
the construction, reconstruction or addition, excluding site work, to any privately owned building
or structure.
Public art means original works of art accessible by the public and which possess aesthetic qualities
reflecting an awareness of site through its physical dimensions, social dynamics, local
character, historic connection, and surrounding urban context. Public art includes, but is not
limited to, paintings, photographs, prints, etchings, engravings, sculpture, statues, carvings,
murals, mosaics, stained glass, monuments, wall hangings, tapestries, mobiles and sculptural
unique elements that lie or exist within fountains; and works of art that are freestanding or free
hanging in that they are not a structural part of a building or other structure. Public art does not
include architectural elements such as dedicated public spaces or plazas in which works of art
are placed, installed or affixed. Public art does not include mass-produced items of standard
design such as park benches, playground equipment, fountains, or reproductions or unlimited
copies of original works of art.
Public art collection means all works of public art owned by the city, located on city property, or
acquired, commissioned, designed, or placed by the public art committee.
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Public art committee means the committee created in section 98.2.6 of the land development code to
oversee public art.
Public art district means a land area designated by the city for display of public art that provides
artistic and cultural resources to enhance the quality of life for individuals living, working and
visiting the city.
Public development means any project to be paid for wholly or in part by the city, county, state or
federal governmental entity.
Reconstruction means alterations or repairs made to a public or private building or structure, whether
commercial, industrial or residential, which total alterations or repairs within any 12 month
period exceed 50 percent of the value of the existing structure, so that such structure must
conform to the requirements of new buildings pursuant to section 98.4.5.
Renovations mean alterations or repairs made to a public or private building or structure, whether
commercial, industrial or residential, which total alterations or repairs within any 12 month
period exceed 50 percent of the value of the existing structure, so that such structure must
conform to the requirements of new buildings pursuant to section 98.4.5.
Single-family residence means the description as provided in the Florida Building Code.
Vertical capital improvement projects means public buildings and other structures constructed,
renovated or otherwise improved by the city on city-owned land, excluding underground utilities.
C. Percent for art fee.
1. The city when constructing vertical capital improvement projects, with a construction value
of $250,000.00 or more shall pay an amount of not less than one percent of such cost to
the public art fund for acquisition and installation of public art, but not to exceed the sum of
$250,000.00 which amount shall be paid prior to the issuance of a building or site work
permit. Once public art is installed for a vertical capital improvement project it may not be
removed unless an equivalent piece of art or a more valuable replacement work of art is
substituted with the review and prior approval of the public art committee and city council.
The replacement art work or works must have a value equal to or exceeding the greater of
the current fair market value of the art work or the value on the date it was originally
installed.
2. The city for an existing city-owned building that is remodeled with a construction value
equal to or more than 50 percent of the replacement cost, and with replacement cost of
$250,000.00 or more of the building, shall pay an amount of not less than 1 percent of such
costs to the public art fund, not to exceed $250,000.00, for the acquisition and installation
of public art. The public art fee shall be paid prior to issuance of a building permit. Once
public art is installed under this sub-section, it may not be removed unless an equivalent
piece of art or a more valuable replacement work or art is substituted with the review and
prior approval of the public art committee and city council. The replacement work or works
of art must have a value equal to or exceeding the greater of the current fair market value
of the art work or the value on the date it was originally installed.
3. Private developers, with a development that has a construction value of $250,000.00 or
more, will be encouraged to pay an amount of not less than one percent of such costs to
the public art fund not to exceed $250,000.00, for acquisition and installation of public art.
4. Private developers, with developments that are remodeled with a construction value equal
to or more than 50 percent of the replacement cost and with replacement cost of
$250,000.00 or more of the building, will be encouraged to pay an amount of not less than
1 percent of such costs to the public art fund not to exceed the sum of $250,000.00 for
· acquisition and installation of public art.
5. An applicant for a planned unit development, with a construction value of $250,000.00 or
more, will be encouraged to pay an amount of not less than one percent of such costs to
the public art fund not to exceed $250,000.00, for acquisition and installation of public art.
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6. Government entity projects, not including city vertical capital improvement projects, with a
construction value of $250,000.00 or more, will be encouraged to pay an amount of not
less than 1 percent of such costs to the public art fund not to exceed $250,000.00, for
acquisition and installation of public art.
7. Government entity projects with an existing government entity-owned building, not
including a city-owned building, that is remodeled with a construction value equal to or
more than 50 percent of the replacement cost and with replacement cost of $250,000 .00 or
more of the building, will be encouraged to pay an amount of not less than one percent of
such costs to the public art fund not to exceed the sum of $250,000.00 for acquisition and
installation of public art.
8. After review and recommendation of the public art committee and subject to the approval of
city council, a private development may incorporate its own public art in lieu of a
contribution to the public art fund. The public art incorporated by a private development in
lieu of a contribution to the public art fund shall be installed outside of any and all buildings
and be accessible by the public from the adjacent or adjoining public rights-of-way.
9. Funds paid into the public art fund may be pooled by the city to create or maintain an area
designated as a public art district.
D. Exemptions. The following are exempted from the provisions of this article:
1. Churches.
E. Public art fund. The funds contributed for public art shall be deposited in the public art fund
along with any and all other revenues appropriated in accordance with this section. The public
art fund shall also be used as a deposit for endowments, gifts, bequests, grants or donations
given to the city for public art purposes. The revenues in such fund shall be used solely for the
following:
1. The design, acquisition, commission, and installation, including base and anchoring
systems, of new public art;
2. The improvement and preparation of city-owned real property solely for foundational
support of the public art, whether such public art is part of or added to the city public art
collection;
3. At the option of the public art committee, to conserve, repair, maintain, replace, transport,
relocate, remove, administer or insure works of public art;
4. Appraisals of public art; or
5. Obtaining loan or temporary lease of artworks, and the associated shipping and installation
costs.
F. Reserve for conservation, repairs and maintenance. At least ten percent and up to 25
percent of all amounts received pursuant to this section shall be designated for conservation,
repair and maintenance of works in the city public art collection. The specific reserve between
ten percent and 25 percent shall be reviewed annually by the public art committee and
presented to city council for approval. The funds shall be solely for conservation, repair, and
maintenance. The city council has the right to allocate additional city funds for conservation,
repairs and maintenance at its own discretion.
G. Owner/developer installed public art. The following shall govern public art or works of public
art that an owner or developer installs on its development site:
1. Public art that is placed or located on private development sites must be installed outside
of any and all buildings and be accessible by the public from the adjacent or adjoining
public rights-of-way. The public art committee has the right to reject the proposed location
of the public art on the site.
159
2. Public art must be reviewed and approved by the public art committee pursuant to section
98.2.6 of the city code.
3. After public art is installed on a development site, it must be retained in its approved
location and may not be moved without the review and prior approval of the public art
committee.
4. Title to public art placed by an owner or developer on site runs with the land, as does the
correlative duty, obligation and responsibility for maintaining and insuring the art.
5. While a property owner may install additional works of art on the development site without
regard to this section, no such art shall detract from or change the nature of the work or
works approved by the public art committee pursuant to this section.
6. The public art committee shall provide application forms for use by owners and developers
to provide on-site public art. If requested, the public art committee will assist the owner or
developer, at the owner or developer's sole expense, in issuing and administering a call for
artists and reviewing the submissions received in response thereto. Prior to the selection
and commissioning of artists, the review of design and the recommendation of the
acceptance of works of art, the public art committee shall submit the action proposed to be
approved by city council.
H. Finality of decisions; appeals. An owner or developer may appeal a decision made by the
public art committee as follows:
1. Any owner or developer affected by this section may appeal any decision of the public art
committee by filing a written notice of appeal within 30 days of the issuance of the decision.
The notice of appeal shall be filed with the city attorney, and copies provided to the city
clerk and the public works director, and shall state with specificity the decision being
appealed, the grounds for the appeal and a summary of the relief sought.
2. Upon receipt of a notice of appeal, the city council shall be notified of the hearing for
appeal.
3. The public works department shall send written notice of hearing to all property owners
within 300 feet of the subject property at least 15 days prior to the hearing for the appeal.
Mailing labels are to be provided by the owner or developer.
4. Ex parte communication is not permitted during the appeals process.
5. The city council may request employees of the city with personal knowledge of relevant
facts to attend the hearing and produce relevant documents.
6. The city council, in reaching a decision, must consider criteria, as well as any other issues
that are pertinent and reasonable, as follows:
a. Whether appeal is of a nature properly brought for decision, or whether there is an
established procedure for handling the request other than through the appeal process.
b. The intent of this chapter applied or interpreted.
c. The effect the ruling will have when applied generally to this chapter.
d. Staff recommendations, the testimony of the applicant appellant, and testimony of the
general public must be considered.
7. Cases under this section will be handled as a de nova proceeding and all parties will be
entitled to present evidence and testimony as to any law or fact supporting their position in
the case.
8. Before granting any appeal, the city council must find that an error was made in the order,
requirement, decision, interpretation, determination or action of the public art committee.
160
9. The decision of the city council will be final. Judicial review of a final decision of the city
council will be in circuit court. The review may only be obtained through filing a petition for
writ of certiorari pursuant to the Florida Rules of Appellate Procedure. The petition must be
filed within 30 calendar days after the issuance of a final decision by city council.
Addendum A. -[Maps B-1-8-5.]
Multifamily units in legal existence on or before July 8, 1997, shall be a special nonconforming use in the
areas identified on maps 8-1 through B-5, found below. refer back to section 118.3.3.a.3 for additional
information.
161
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