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City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 2, 2011 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No x Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: Strategy 3.1 Adopt enhanced landscape and streetscape standards that create a higher quality environment for new development
and redevelopment. X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS (LDRS) AS ADOPTED BY ORDINANCE NO. 2010-10-218; AMENDING SECTION 34-45, “DEVELOPMENT REVIEW COMMITTEE’; AMENDING
SECTION 34-47, “GRANTING OF VARIANCES AND WAIVERS”; AMENDING SECTION 34-59, ALTERATION OR ENLARGEMENT OF NONCONFORMING STRUCTURE; AMENDING SECTION 34-62, “VESTED RIGHTS”; AMENDING SECTION
34-97, “IMPACT FEES”; AMENDING SECTION 34-219 “DESIGN STANDARDS”; AMENDING SECTION 34-227, “EXCAVATIONS”; AMENDING SECTION 34-287 “USE REGULATIONS, GENERALLY”; AMENDING SECTION 34-288
“USES PERMITTED WITH EXTRA REQUIREMENTS”; AMENDING SECTION 34-310 “ACCESSORY STRUCTURES”; AMENDING SECTION 34-311, “ACCESSORY USE TABLE”; AMENDING SECTION 34-312, “ADDITIONAL STANDARDS;
AMENDING SEC. 34-389-COMMERCIAL, RECREATIONAL, BOAT, VESSEL PARKING IN RESIDENTIALLY ZONED PROPERTY RESTRICTED”; AMENDING SEC.34-390-COMMERCIAL, RECREATIONAL, BOAT VESSEL PARKING IN
INDUSTRIAL ZONED PROPERTIES RESTRICTED”; AMENDING 34-432, “TABLE 1 DEVELOPMENT STANDARDS”; AMENDING SECTION 34-439 “IN GENERAL”; AMENDING 34-444 “LANDSCAPING, BUFFERING MINIMUM STANDARDS;
AMENDING 34-445 “EXTRA STANDARDS, EXCEPTIONS; AMENDING SECTION 34-652, “SIGNS PERMITTED WITHOUT SIGN PERMIT”; AMENDING SECTION 34-670 “PROHIBITED SIGNS”; AMENDING SECTION 34-733, “MASTER
USE LIST DEFINITIONS”; MORE PARTICULARLY DESCRIBED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ITEM 9-A) ORDINANCE SECOND READING/PUBLIC HEARING Amendments to the City Land Development
Regulation
Amendments to the Land Development Regulations PH‐2010‐000052, Second Reading 2 | P a g e ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background At the meeting on February 2, 2011, the City Council adopted the amendments to the Land Development
Regulations (LDRs) on first reading. This process started at the meeting on April 7, 2010 when the City Council adopted the Land Development Regulations (LDRs) with direction with direction
to staff to address concerns raised during that public hearing by numerous attorneys and property owners, referred to as “stakeholders” herein. Staff returned to Council on July 7, 2010
with recommendations for amendments to the LDRs. Council deferred those LDR amendments to allow staff and stakeholders to address additional concerns, in particular the landscape/buffer
and knee‐wall requirements. Current Situation As approved on first reading by Council, the proposed LDR amendments (Exhibit “A”) have incorporated numerous suggestions made by stakeholders
derived over the course of several workshops with Staff. The following are the dates of the workshops and a summary of the items discussed: • October 6, 2010 Workshop: The staff presentation
focused on landscape and knee‐wall requirements. The presentation is attached as Exhibit “B.” o Stakeholders questioned how the landscape requirements could be imposed on existing development
without disrupting existing site plans and causing expensive redevelopment. o Administrative Guidelines will establish standard operating procedures and criteria when imposing the new
landscape requirements upon existing development. • October 20, 2010 Workshop: Staff provided: o Additional text amendments including phased landscape implementation similar to signage.
o Draft Administrative Guidelines including cost cap guidelines. See attached Exhibit “C.” • November 17, 2010 Workshop: o All agreed to use the term Certificate of Landscape “Conformity”
instead of “Nonconformity.” o Limit the height of knee walls for safety but allow new development to match existing knee walls already in existence. Also, the knee‐wall requirement was
lessened for existing development. • December 15, 2010 Workshop: Draft LDR amendments were provided. o Outside storage provisions for industrial areas need to insure that pallets and
similar objects utilized for loading will not be construed as outside storage of merchandise. • January 19, 2011 Workshop: Draft LDR amendments and Administrative Guidelines were provided
to stakeholders on June 11. The only additional changes suggested by the stakeholders were as follows. o Several minor recommended LDR changes included changing the effective date for
landscape conformity to March 1, 2011 instead of initial adoption of the LDRs on April 7, 2010. Proposed Action: City Staff recommends Council approval on second reading of the Ordinance
amending the Land Development Regulations.
Amendments to the Land Development Regulations PH‐2010‐000052, Second Reading 3 | P a g e Attachments: • Exhibit “A”, Proposed Amendments to the Land Development Regulations
ORDINANCE NO. 2011 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS (LDRS) AS ADOPTED BY ORDINANCE NO. 2010-10-218;
AMENDING SECTION 34-45, “DEVELOPMENT REVIEW COMMITTEE’; AMENDING SECTION 34-47, “GRANTING OF VARIANCES AND WAIVERS”; AMENDING SECTION 34-59, ALTERATION OR ENLARGEMENT OF NONCONFORMING
STRUCTURE; AMENDING SECTION 34-62, “VESTED RIGHTS”; AMENDING SECTION 34-97, “IMPACT FEES”; AMENDING SECTION 34-219 “DESIGN STANDARDS”; AMENDING SECTION 34-227, “EXCAVATIONS”; AMENDING
SECTION 34-287 “USE REGULATIONS, GENERALLY”; AMENDING SECTION 34-288 “USES PERMITTED WITH EXTRA REQUIREMENTS”; AMENDING SECTION 34-310 “ACCESSORY STRUCTURES”; AMENDING SECTION 34-311,
“ACCESSORY USE TABLE”; AMENDING SECTION 34-312, “ADDITIONAL STANDARDS; AMENDING SEC. 34-389-COMMERCIAL, RECREATIONAL, BOAT, VESSEL PARKING IN RESIDENTIALLY ZONED PROPERTY RESTRICTED”;
AMENDING SEC.34-390-COMMERCIAL, RECREATIONAL, BOAT VESSEL PARKING IN INDUSTRIAL ZONED PROPERTIES RESTRICTED”; AMENDING 34-432, “TABLE 1 DEVELOPMENT STANDARDS”; AMENDING SECTION 34-439
“IN GENERAL”; AMENDING 34-444 “LANDSCAPING, BUFFERING MINIMUM STANDARDS; AMENDING 34-445 “EXTRA STANDARDS, EXCEPTIONS; AMENDING SECTION 34-652, “SIGNS PERMITTED WITHOUT SIGN PERMIT”;
AMENDING SECTION 34-670 “PROHIBITED SIGNS”; AMENDING SECTION 34-733, “MASTER USE LIST DEFINITIONS”; MORE PARTICULARLY DESCRIBED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 2010, the City Council adopted the Land Development
Regulations (LDRs) with direction to staff to return in ninety (90) days with recommendations to address concerns raised by certain property owners and their attorneys, and
WHEREAS, after several subsequent meetings with the stakeholders, staff returned to Council on July 7, 2010, with recommendations for amendments to the LDRs, and WHEREAS, the City Council
deferred the LDR amendments to allow staff and the property owners to address additional concerns, in particular the landscape/buffer and knee-wall requirements, and WHEREAS, City staff
is bringing back to Council the proposed LDR amendments, which incorporate numerous suggestions made by the property owners over the course of several workshops with Staff, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. ADOPTION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS: The City Council of the City
of Miami Gardens hereby adopts those certain Amendments to the Land Development Regulations Regulations attached hereto as Exhibit “A” and incorporated herein by reference. Section 3.
CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is
the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens
and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase,
the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST
READING ON THE 2ND DAY OF FEBRUARY, 2011. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2011. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS ZONING
MEETING HELD ON THE _____ DAY OF ______________, 2011. ________________________________ SHIRLEY SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY
CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No)
Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____(No) Councilwoman Lisa Davis ____ (Yes) ____(No) Councilman Oliver Gilbert, III ____(Yes) ____(No) Councilwoman Felicia Robinson ____(Yes)
____(No) Councilman Andre’ Williams ____(Yes) ____(No)
Page 1 of 15 Exhibit “A” Proposed Land Development Regulations Amendments Note: underline denotes additions; strikeouts denotes deletions. Sec. 34-45-Development Review Committee (DRC).
(c) Duties and responsibilities. The development review committee shall have the following duties and responsibilities: (7) Review and approve all plans for development in GP Government
Properties District. except for facilities owned by the city, in which case the DRC will make recommendations to the city council. Sec. 34-47-Granting of variances and waivers. (h) Criteria
for granting variances. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning
appeals board may grant approval, approval with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met:
maintains the basic intent and purpose of the zoning, subdivision and other regulations set forth in this chapter, which is to protect the general welfare of the public, particularly
as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental
to the community. No showing of hardship to the land is required. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition
of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2)
The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty
or hardship was not deliberately created to establish a use or structure which is not otherwise consistent with this Code. (4) The granting of the variance will not be detrimental to
the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or
increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.
Page 2 of 15 (6) The variance request is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) The granting of the variance request
will be in harmony with the general intent and purpose of these regulations and the comprehensive plan; (8) Nonconforming use of neighboring lands, structures, or buildings in the same
zoning district, and the permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for the authorization of a variance; and (9) Financial
hardship is not the only evidence of a hardship considered in the authorization of a variance. Sec. 34-59-Alteration or enlargement of nonconforming structure. (c) Certificate of legal
nonconformity. A property owner may file an application to the administrative official for a certificate of legal compliance of nonconformity determination. Such determination shall
be made by the administrative official after consideration and review of plans that demonstrate that the development is or will be improved to the best extent physically possible to
comply with all applicable regulations of this chapter. Best extent possible shall mean, but not be limited to, the extent to which compliance with a code requirement does not create,
result, or increase another nonconformity. The administrative official may also grant a certificate of legal nonconformity upon a determination by said official that the financial costs
of compliance will unreasonably exceed the public benefits of compliance. The City shall establish administrative guidelines for the review and issuance of a certificate of legal conformity
for site improvements that become non-conforming as of the effective date of adoption of the land development regulations. Said guidelines may be revised, amended, and modified administratively
from time to time. (d) Certificate of Legal Conformity for Landscape and Buffer Requirements. A property owner may file an application to the administrative official for a certificate
of of legal conformity determination as to compliance with the provisions of Article XIV. Minimum Landscape and Buffering Requirements; Fences; Walls; Hedges Such determination shall
be made by the administrative official after consideration and review of plans that demonstrate that the development is or will be improved to the best extent physically possible to
comply with all applicable regulations of this chapter. Best extent possible shall mean, but not be limited to, the extent to which compliance with a code requirement does not create,
result, or increase another nonconformity. The administrative official may also grant a certificate of legal conformity upon a determination by said official that the financial costs
of compliance will unreasonably exceed the public benefits of compliance. The City shall establish administrative guidelines for the review and issuance of a certificate of legal conformity
for landscape and buffer requirements that become inconsistent as of the effective date of adoption of the land development regulations. Said administrative guidelines may be revised,
amended, and modified from time to time, subject to approval by Resolution by the City Council.
Page 3 of 15 Sec. 34-62-Vested rights. (1) Exceptions for vested rights determination. Nothing in this chapter shall be construed or applied to abrogate the vested right of a property
owner to complete development where it is determined that the property owner demonstrates each of the following: a. The provisions of this chapter, and any amendments hereto, shall not
affect development which has obtained a final development order from the city after January 1, 2009, but before adoption hereof of the LDRs and is otherwise exempted in accordance with
the provisions of subsection (3) of this section; b. That the property is a single-family residential lot, duplex, or townhouse unit that has been granted a non-use variance or waiver
of this chapter prior to the effective date of the adoption of the Land Development Regulations. . (2) Vested rights determination. Except as provided in subsection (1) of this section,
any property owner claiming to have vested rights under this section must file an application in a a form approved by the administrative official for a vested rights determination within
one year two (2) years after the initial effective date of this chapter (as to any claim of vested rights prior to initial adoption) or within one (1) year after an amendment of this
chapter (as to any claim of vested rights arising after the initial adoption of this chapter and prior to the amendment). The application shall be accompanied by a fee, and contain a
sworn statement as to the basis upon which the vested rights are asserted together with documentation required by the city and other documentary evidence supporting the claim. The administrative
official shall review the application and based upon the evidence submitted shall make a determination within 90 days as to whether the property owner has established vested rights.
Sec. 34-97 – Impact fees. (a) Levy and purpose. In order to defray the cost of new or expanded parks and recreation, library, general government, police and fire and rescue services
and equipment attributable to new construction, impact fees are levied on such construction in accordance with the provisions of this division. (a) Short Title. This section shall be
known and may be cited as the “City of Miami Gardens Impact Fees ordinance”. (b) Authority and Applicability. (1) The City of Miami Gardens hereby adopts by reference Miami-Dade County
Ordinance Number 88-112 “Miami-Dade County Road Impact Fee Ordinance”; Ordinance Number 90-59 "Park Impact Fee Ordinance" ; Ordinance Number 90-31 "Police Services Impact Fee Ordinance"
; Ordinance Number 90-26 "Miami-Dade County Fire and Emergency Medical Services Impact Fee Ordinance"; Ordinance No. 95-79 "Educational Facilities Impact Fee Ordinance." (2) The City
of Miami Gardens shall apply and collect the parks and police impact fees pursuant to the above cited Miami-Dade County ordinances. All other impact fees shall be administered and collected
by Miami-Dade County.
Page 4 of 15 (3) The City of Miami Gardens shall collect all applicable impact fees at the time of issuance of a building permit and shall issue a receipt of the fees to the applicant.
(4) The City Council of City of Miami Gardens has the authority to adopt this section pursuant to Chapters 163 and 380, Florida Statutes. (5) This chapter shall be applicable to land
development in the entirety of City of Miami Gardens. (c) Levy and purpose. (1) This section is intended to implement and be consistent with the City of Miami Gardens Comprehensive Development
Master Plan adopted pursuant to Chapter 163, Florida Statutes. (2) The purpose of this section in regulating development is to ensure that all new development bears its proportionate
share of a portion of the capital cost of public services of roadway capacity improvements, water, sewer, solid waste, parks, police, fire and rescue services and schools necessary to
allow adequate level of service. The city council may, from time to time, revise the amounts of the impact fees by resolution. Sec. 34-219-Design Standards. (3) Vacation and abandonment
of rights-of-ways, alleys, and/or platted easements, and non-platted easements. a. Procedure. The vacation and abandonment of any rights-of-way, alleys and/or platted easements, and
the reversion thereof to abutting property owners shall be accomplished only through the platting procedure as set forth in Section 34-214. b. Non-platted easements. Vacation and abandonment
of non-platted easements shall only be required to comply with requirements set forth in subsection (3)(e) below and subject to the review criteria set forth in subsection (4) below.
Approval of such vacation and abandonment of non-platted easements shall be by resolution of the City Council. c. Requirements. All tentative plats involving vacation and abandonment
shall be reviewed for compliance with all technical requirements of this section, and including the following criteria: 1. No tentative plat will be considered which includes only rights-of-way
or easements to be vacated and closed. The properties on each side of the rights-of-way or easements to be vacated and closed shall be included in the plat, and all abutting property
owners shall join in the plat and the disposition of the rights-of-way or easements shown. 3. Where the subdivider requests the vacation and abandonment of a portion of the right-of-way
connecting two streets, the subdivider shall provide a cul-de-sac specified in section 7-110 (B) "Design standards." The cul-de-sac shall be located fully within the property being platted.
All property owners abutting the right-of-way between the two streets shall join in the abandonment of the plat and shall disclaim all right, title and interest in the portion of the
right-of-way being abandoned. 4. Where the subdivider requests the vacation and abandonment of a portion of an alley, the subdivider shall provide on his/her property, suitable access
from the
Page 5 of 15 closed end of the alley to the nearest public street, or streets, as may required. All property owners abutting the alley shall join in the plat. 5. Written consent to vacate
and close the platted private easement(s), platted public easement(s) and/or platted emergency access easement(s) of the holder(s) of the easement(s), and for non-platted easements,
(ii) written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist
within the easement(s), and (iii) recommendations of approval from the police, public works, fire-rescue, planning and zoning, and building departments. The written consent that must
be obtained from the holders of the easements, must specify that the holders of the easements consents to the vacation of the easements, must specify whether the holders of the easements
have granted any type of interest in the easements to a third party, and must specify the third party's identity. In the event that a third party does have an interest in the easements,
the applicant must also obtain the third party's written approval to vacate and close the easements. In addition, the applicant must submit an ownership and encumbrance search report
prepared by a title company of the area encompassed by the easements that is to be vacated. d. Criteria for review. Further consideration for vacations and abandonment. In addition to
review for technical compliance, the Development Review Committee (DRC) shall also consider the request for vacation and abandonment with respect to the following: 1. Whether it is in
the public interest to vacate or abandon the right-of-way or easement? 2. Whether, the right-of-way or easement is being used including use by public service vehicles such as trash and
garbage trucks, police, fire and/or other emergency vehicles? 3. The adverse effect on the ability to provide police, fire or emergency services 4. Whether the vacation or abandonment
negatively affects pedestrian and vehicular circulation in the area? Sec. 34-227-Excavations (b) Exceptions. No special exception use approval shall be required for excavations for the
following purposes: (1) The foundation of a building or any structure to be constructed immediately after such excavations. All excavations shall be refilled after construction of such
foundation in a manner which will prevent accumulation of stagnant water or other hazard. (2) Swimming pools. (3) Water hazard in a bona fide golf course. (4)
Page 6 of 15 Canals which are part of the county or South Florida Water Management District canal system. (5) Reflecting ponds and water features with a maximum depth of six feet of
water so long as said amenities are completely lined with impervious material, a horizontal five-foot safety shelf is provided around the perimeter of the reflecting pond or water feature
at an elevation where not more than 18 inches of water is provided on the shelf area and so long as backsloping or a perimeter berm is provided to prevent overland stormwater runoff
from entering the water body. (6) Retention drainage areas subject to first obtaining site plan approval from the Planning and Zoning Department. Sec. 34-287-Uses regulations, generally.
(i) Permitted use table. The following permitted use table, supplemented by the Master Use List and Use Definitions set forth in appendix A in section 34-733, shall be used to determine
the zoning district in which a given use may be established. In the event of conflict between the the use table in this section and appendix A in section 34-733, the administrative official
shall render an interpretation as to which prevails. LEGEND "P" means the use is permitted in the corresponding zoning district. "SE" means the use is subject to special exception approval
requirements and procedures. □ means the use is prohibited in the corresponding zoning district See additional requirements and criteria for specific uses set forth in section 34-288
and master use list, appendix A in section 34-733.
Page 7 of 15 Table 1: Permitted Uses Zoning Districts/Uses R-1 R-2 R-15, R-25, R-50 NC PCD OF I-1 I-2 PD AU GP Public And Institutional Type Uses Water plant, waste water plant □ □ □
□ □ □ □ □ □ □ P Sec. 34-288-Uses permitted with extra requirements. (32) Places of assembly. Places of assembly are subject to the following standards: a. Minimum lot area: one-half
net acre. b. Minimum spacing of principal building from residentially zoned property: fifty (50) feet; seventy-five (75) feet spacing from a residential building. (29) Liquor package
store. Shall comply with all licensing, spacing and other regulations set forth in Article V for sale of alcoholic beverages. Sec. 34-310-Accessory uses and structures. e. Dimensional
requirements. All accessory uses, buildings and structures, shall comply with dimensional standards as set forth in Article XI, Table 1, and elsewhere for accessory structures. Where
the accessory structure dimensional requirements are found to be non-applicable, the dimensional requirements of the principal structure shall apply. Sec. 34-311-Accessory use table.
The following accessory use table shall be used to determine the required zoning district of which a use may be established. Unless otherwise stated, setback and spacing regulations
shall be in compliance with Section 34-432 Table I Article II of this chapter. Additional standards shall be complied with for the establishment of the accessory use. Accessory Use Generalized
Table by Zoning District Zoning district/accessory use and structures R-1 R-2 R-15, R-25, R-50 NC PCD OF I-1 I-2 PD AU GP Awnings, canopies, carports, roof overhangs, balconies, architectural
structures P P P P P P P P P P N/A Sec. 34-312-Additional uses and building standards The following standards shall be complied with for the establishment of the accessory use and structure:
(18)
Page 8 of 15 Unattached garages, carports. May be provided as accessory to principal use meeting the all accessory structure requirements of the underlying zoning district. (20) Outdoor
storage commercial, industrial, nonresidential uses. Outdoor storage of merchandise in all commercial, industrial and non residential uses shall be subject to the following standards,
unless the use is specifically regulated in the applicable district or additional standard of this section. a. Outdoor storage of merchandise shall be permitted only when incidental,
accessory, and customary to the use located on the premises. b. The storage area shall not be located in any of the required setbacks or yards. c. The stored merchandise shall be within
an area surrounded
by walls, slotted fence, or buildings, and shall not protrude above the height of the enclosing walls, fences or buildings meeting the approval of the Administrative Official; these
provisions shall not apply to industrial uses. d. Outdoor storage of material used used for road construction when: 1. The storage of construction materials and equipment is for use
on property with an active building permit. lot is directly adjacent to the roadway under construction; 2. The material is stored for no longer than 90 days unless approved by the administrative
official for a period not to exceed an additional 90 days; e. Pallets and other similar temporarily and customarily stored items located in loading areas shall not be considered merchandise
or subject to outdoor storage requirements. Incidental outdoor storage. Incidental outdoor storage where permitted, of merchandise in all commercial, industrial and non residential districts
shall be subject to the following standards, unless the use is specifically regulated in another district or section. 1. Outdoor storage of merchandise shall be permitted only when incidental
to the use located on the premises. 2. The storage area shall not be located in any of the required setbacks or yards. 3. The stored merchandise shall be within an area surrounded by
walls or buildings, and shall not protrude above the height of the enclosing walls or buildings. f. Outdoor storage of material used for road construction when: 1.
Page 9 of 15 The lot is directly adjacent to the roadway under construction; 2. The material is stored for no longer than 90 days unless approved by the administrative official for a
period not to exceed an additional 90 days; 3. The lot meets the requirements of Natural Resource Protection Regulations. (32) Awnings, canopies, carports, roof overhangs, balconies,
architectural structures. The following minimum standards shall apply: a. Awnings. On residential buildings thereof awnings shall not encroach more than five and half (5.5) feet into
the required yard setback area, and shall not protrude closer than two (2.0) feet from any property line. On non-residential buildings awnings shall not encroach more than nine (9) feet
into the required yard setback area, and shall not protrude closer than two (2.0) feet from any property line. b. Canopies. Canopies shall be permitted to encroach into the required
yard setback area providing they are no closer than two (2.0) feet from any property line. c. Carports. When attached to the principal structure and constructed of a masonry material,
carports shall maintain the same yard setbacks as required for the principal structure. When detached and constructed of fabric, aluminum or other non-masonry material carports shall
maintain a minimum yard area setback as set forth in Article XI, Table 1. d. Roof overhangs and balconies. On all buildings, roof overhangs and balconies shall not encroach more than
four (4.0) feet into the required yard setback area, and shall not protrude closer than two (2.0) feet from any property line. e. Architectural features. On single family residential,
duplex, or townhouse unit lots, architectural features shall not encroach into the required yard setback areas more than seventy five percent (75%) of the required yard setback areas.
Such features shall not exceed more twenty percent (20%) of the building height. Sec. 34-389-Commercial, recreational, boat, vessel parking in residentially zoned property restricted.
(e) Only commercial vehicles shall not may be parked or stored in a front yard or setback unless only if the surface consists of a smooth nondusting surface including concrete, paver-blocks,
turfstone, asphalt, tile and brick and complies with the standards specified by the city engineering and public works department. All other vehicles shall not may be parked or stored
in a side or rear setback or yard unless on a grass surface. the surface thereof consists of grass or other nondusting surface as specified in this section. Sec.34-390-Temporary commercial,
recreational, boat vessel parking in industrial zoned properties restricted. (a)
Page 10 of 15 Except as permitted in Sec. 34-391 Tthe temporary parking of commercial vehicles in industrially zoned areas shall be permitted subject to compliance with the following:
(1) The vehicle shall have a valid motor vehicle, truck registration, heavy truck or any and all other required motor vehicle registration with the state; (2) The vehicle shall be operable;
(3) The vehicle shall be parked in a designated and paved private parking space; (4) The vehicle shall not encroach on rights-of-way, sidewalk or landscaped areas; (5) A valid overnight
parking permit from the city shall be obtained for such vehicle. the subject property. Sec. 34-432-Table of development standards. The following are generalized development standards
categorized by standards and by zoning districts. These standards are minimum requirements, unless otherwise regulated in this Section that all development shall comply with. >Table
1. Development Standards Zoning Districts R-1, Single-Family (See Figures 11-1, 11-2 for illustrations) R-2, Two-Family; R-15, Multiple-Family; R-25, Multiple-FamilyR-50, Multiple-Family
R-15, Multiple-Family; R-25, Multiple-Family; R-50, Multiple-Family Single-family Detached Two Family Townhouse Multiple-family Lot and Density Parameters Minimum Dimensions Per Development
Site Not applicable 10,000 sf 10,000 sf Lot frontage, Minimum (interior lots) 75 ft. 96 85 ft.(block) 22 ft. individual interior lot; 100 ft. Lot frontage, Minimum (corner lots and townhome
end lots) 82 75 ft. 37 ft individual lot 100 ft Lot Area (net), Minimum 7,500 sf 2,200 sf interior lot; 3145 3700 sf. for corner and end lots 10,000 sf Density, Maximum (net) Up to 6
du/ac Up to 15 du/ac R-15 up to 15 du/ac R-25 up to 25 du/ac R-50 up to 50 du/ac Lot coverage and Permitted Impervious areas Lot Coverage Principal building 40% max. 70 max. per lot
60 max.
Page 11 of 15 Required Front yard 50% max. impervious area 90 max. impervious area Not applicable Lot Coverage Accessory building within required rear yard) 30% max. 30% max. Not applicable
Rear yard 70% max. impervious area 70 % max. impervious area Not applicable Maximum Height Principal Building(s) 35 ft./2 stories 40 ft/3 stories R-15: 40 ft./3 stories R-25: 50 ft./4
stories R-50: 120 ft./10 stories Accessory Building (s) 14 ft. 14 ft. 20 ft. Principal Building Size, Setbacks and Spacing Building Length (maximum) Not applicable 155 ft. Greater than
150 ft. requires administrative approval for massing and articulation Front Setback (minimum) 25 ft. 20 ft. 25 ft. Rear setback (minimum) 25 ft. 15 ft. 25 ft. Interior Side Setback (minimum)
7.5 ft. min. or 10% of lot width whichever is greater but not less than 5 ft. 15 ft. 15 ft. Side Street Setback (minimum) 15 ft. 15 ft. 20 ft. Spacing Between Principal Buildings (minimum)
Not applicable (only 1 dwelling per lot) 15 ft. 20 ft. without openings; 30 ft. with openings 15 ft. 20 ft. without openings; 30 ft. with openings Accessory Building Setbacks and Spacing
Front Setback (minimum) 75 ft. 75 ft. 25 ft. Rear Setback (minimum) 5 ft 5 ft. 5 ft. Interior Side Setback (minimum) 7.5 ft. 5 ft. 15 ft. Side Street Setback (minimum) 20 ft. 20 ft.
20 ft. Between Accessory Building & any other Building (minimum) 10 ft. 10 ft. 20 ft. Carport Setbacks Front (minimum) 5 ft. 5 ft. 5 ft. Rear (minimum) 5 ft. 5 ft. 5 ft. Interior Side
(minimum) 5 ft. 5 ft. 5 ft. Side Street (minimum) 5 ft. 5 ft. 10 ft. Swimming Pool Setbacks Front setback (minimum) 75 ft. 75 ft. individual lot 25 ft. on common area 25 ft. Rear (minimum)
7.5 ft. 7.5 ft. 10 ft. Interior Side (minimum) 10 ft. 10 ft. 10 ft.
Page 12 of 15 Side Street (minimum) 20 ft. 20 ft. 25 ft. Screen Enclosure Setbacks Rear (minimum) 6 ft. 6 ft. 5 ft. Interior Side (minimum) 5 ft. 7.5 ft. 7.5 ft. Side Street (minimum)
15 ft. 15 ft. 20 ft. Table 2: Commercial, Industrial and Mixed-Use Districts Zoning Districts NC, Neighborhood Commercial OF, Office I-1, Industrial (Light) I-2, Industrial (Heavy) PCD,
Planned Corridor Development Lot and Density Parameters Lot frontage, Minimum 50 feet 125 ft 75 ft 150 ft Lot area (net), Minimum 5, 000 sf 10,000 sf 10,000 sf 45,000 10,000 sf Principle
Building Setbacks and Spacing Front Setback 10 ft. (minimum) 20 ft. (minimum) 20 ft. (minimum) Two options: 15 ft. (build-to); or 25 ft (minimum) Rear Setback (minimum) 10 ft. 20 ft.
20 ft. 10 ft. by right 7.5 ft with incentive bonus Interior Side Setback (minimum) 25ft.—NC (where abutting residential use); 10 ft. from non-residential 7.5 ft.—OF 0 ft. 10 ft. by right
0 ft. with incentive bonus Sec. 34-439-In general. (b) Applicability; and compliance of nonconforming developments. The landscaping and buffering requirements of this article shall apply
to all development within the city. Existing Nonconforming developments at become non-conforming at the effective date of adoption of the Land Development Regulations shall be subject
to compliance as follows: (1) Existing Nonconforming development that becomes nonconforming as for the landscaping and buffering regulations of this article as of the effective date
of the adoption of this article may maintain legally nonconforming status for a period of five years, at which time all landscaping and buffering requirements not in compliance with
this article shall be a violation of this chapter, with the exception of the following: a.
Page 13 of 15 Existing developments that becoming nonconforming as to the landscaping and buffering regulations of this article as of the effective date of the adoption of this article
that due to physical site limitations or other physical hardships cannot comply with the adopted regulations may be found to be in compliance, subject to obtaining certificate of legal
nonconformity for landscaping and buffering requirements, as set forth in section 34-59(d) b. Developments that have obtained a vested rights determination. c. Developments that have
obtained a determination of nonconformity certificate of legal conformity for landscaping as set forth in section 34-59(c), for the provision of the required irrigation in compliance
to this article, of which compliance to the best extent possible to all landscape and buffering areas required has been met in order to bring the property into conformance of this article.
d. Single-family residences, duplex residences, and townhouse residences that were built and obtained a certificate of occupancy prior to the effective date of adoption of the ordinance
from which this chapter is derived Land Development Regulations. e. Industrial developments in the I-1, and I-2 districts legally existing at the adoption of this LDRs shall comply with
all landscaping and buffering requirements of this article, except that the total number of shade trees as required in section 34-444 Table 1, Landscape and Buffering Standards Generalized
Table Developments shall be twenty two (22) shade trees per net acre. Additionally, such developments shall not be required to comply with the landscape islands in off-street parking
areas requirement. (2) Existing developments that become non-conforming as of the effective date of adoption of the Land Development Regulations shall submit plans to the City for landscape
plan and buffering approval within three (3) years from March 1, 2011; obtains landscape approval or obtain a certificate of landscape and buffering conformity as outlined in 34-439
(b)(1)(a) within four (4) years from March 1, 2011; and shall be in full compliance as approved by the landscape plan approval and/or certificate of landscape and buffering conformity
within five (5) years from March 1, 2011. Sec. 34-444-Landscape, buffering, minimum standards. (f) Generalized minimum landscape and buffering table. The following table shall be used
as general interpretation of the required minimum landscape and buffering standards for the underlying zoning district that all development shall comply with. Further regulations for
specific uses may be found under each zoning district regulations that shall be complied. Table 1: Minimum Landscape And Buffering Standards Generalized Table Zoning district/landscape
requirement R-1 R-2 R-15 R-25 R-50 NC PCD * OF I-1*** I-2*** PD ** AU GPOV
Page 14 of 15 *** denotes exceptions in the I-1, I-2 zoning districts as set forth in section 34-439(b)(1)(e) Sec. 34-445-Extra standards, exceptions. (4) Knee wall, off-street parking
areas required. When an off-street parking area is located within 25 feet of an abutting right-of-way, in addition to the required continuous greenbelt of shrubs and hedging, a knee
wall shall be installed within the required landscape buffer. Said wall shall comply with the following: a. May vary in height between two and three feet. b. May be fragmented, staggered,
and/or meander, or continuous. c. Shall not obstruct any safe sight distance triangle. d. Shall be of a compatible architectural design, material, color of the principal building on
the property. e. Lighting may be provided in accordance to the light standards of this section, but in no event shall lighting be used to create an attraction, distraction, or provide
a commercial signage intent to the wall. f. A continuous landscape berm at an average height of three three feet from grade may be permitted in lieu of the required knee wall. g. Exception.
The knee wall requirement set forth in this section shall only apply to properties that have off-street parking areas abutting a major, minor, or principal arterial and minor arterial
roadways, as depicted on the adopted in the City’s Comprehensive Development Master Plan map FLU-I-7. in which event, the requirement shall apply to parking areas abutting all rights-of-way.
Sec. 34-652-Signs permitted without sign permit. The exemption from a sign permit shall not be construed to waive or otherwise exempt compliance with the Florida Building Code, other
provisions of this article, or other applicable technical codes. (1) Signs exempt from permit requirements. The following signs may be installed, altered, erected, constructed, posted,
painted, maintained, or relocated, without a permit from the city or payment of a sign permit fee: n. Spot/Search light signs. Spot light signs, subject to compliance with provisions
set forth in this article. Sec. 34-670 – Prohibited signs.
Page 15 of 15 ee. Temporary banner signs after January 7, 2011. Sec. 34-733-Master use list and use definitions. (a) This list includes activities customary to the use. Uses not specifically
listed as permitted, or found to the similar or customary with permitted uses, shall be prohibited. (b) This use list shall include all those related uses, but shall be limited to the
list of related uses. In the determination of uses not specifically listed, the administrative official shall make the determination as to the appropriate category or deem the use prohibited.
(c) The following definitions are provided for convenience. In case of conflict with the definitions in section 34-288, section 34-288 shall prevail. APPENDIX A. MASTER USE LIST AND
USE DEFINITIONS Place of assembly Auction House Banquet Hall Funeral Homes Places of religious assembly Private club, not public Theater, (movie, performing arts) Meeting Halls Fraternal
Lodges Museums Libraries Art galleries Theaters Concert halls Planetariums Any place where people collectively gather for a communal purpose. Public assemblies shall include all of the
related uses on the left. Places of public assembly shall not include public schools, restaurants, or public facilities operated by a governmental entity. Use Related Uses Definition