§ 62-1573. Institutional Use, IN(L) and IN(H).

The purpose of the institutional use zoning classification is to provide for private, nonprofit or religious uses which are intended to service the needs of the public for facilities of an educational, religious, health or cultural nature.

The classification is divided into two types, low intensity and high intensity. Low intensity uses are those that are of such limited scale and impact that they are compatible with residential uses in residential land use designations, or neighborhood commercial uses in neighborhood commercial land use designations. High intensity uses are more suited to community commercial or industrial areas. Location standards for low intensity and high intensity uses are established pursuant to Policy 2.17 of the Future Land Use Element of the Comprehensive Plan, and are regulated pursuant to paragraph (8) below. Low intensity use is designated on the official zoning maps as IN(L) and high intensity is designated as IN(H).

(1)

Permitted uses. Uses that are listed in the "low intensity" column as "permitted" or "permitted with conditions" are subject to intensity limitations as established in paragraph (4) below. Uses listed as "permitted with conditions" in either designation are subject to specific conditions for that particular use as established elsewhere in division 5, subdivision II.

Use	Low Intensity*	High Intensity
Residential/Health
Assisted living facility (Sec. 62-1826)	Permitted with conditions	Permitted with conditions
Group homes	Permitted with conditions	Permitted
Hospital (Sec. 62-1836)	Not permitted	Permitted with conditions
Independent living facility (Sec. 62-1836.5)	Permitted with conditions	Permitted with conditions
Medical clinic (Sec. 62-1832)	Not permitted	Permitted with conditions
Nursing home (Sec. 62-1841.6)	Permitted with conditions	Permitted
Treatment and recovery facility (Sec. 62-1826)	Not permitted	Permitted with conditions
Education
College, university, or seminary	Not permitted	Permitted
Dormitory	Not permitted	Permitted
School, private or parochial	Permitted	Permitted
Sorority/fraternity	Not permitted	Permitted
Religious/Cultural
Athletic Complexes and Stadiums (Sec. 62-1825)	Permitted with conditions	Permitted with conditions
Cemetery and Mausoleum (Sec. 62-1831.3)	Permitted with conditions	Permitted
Civic, Philanthropic or Fraternal Organization (Sec. 62-1831.4)	Permitted with conditions	Permitted with conditions
Community center	Permitted	Permitted
Convent or monastery	Permitted	Permitted
Crematorium (Sec. 62-1834)	Permitted with conditions	Permitted with conditions
Museum	Permitted	Permitted
Worship, place of (Sec. 62-1831.5)	Permitted with conditions	Permitted with conditions

 

*All uses listed as permitted or permitted with conditions in the low intensity column are subject to the provisions in paragraph (4) below.

(2)

Accessory buildings or uses. Accessory buildings and uses customary to commercial and residential uses are permitted. (Refer to definition cited in section 62-1102 and standards cited in section 62-2100.5).

(3)

Conditional uses. Conditional uses are as follows:

Substantial expansion of a preexisting use.

Wireless telecommunication facilities and broadcast towers.

(4)

Intensity limitations. Where a use is listed as "permitted" or "permitted with conditions" in the "low intensity" column in the table above, the intensity of the use is regulated by using expected traffic generation as a proxy for intensity. Traffic generation is limited to that which would otherwise be expected by a representative use permitted at the density or intensity available in the residential or neighborhood commercial land use designation in which the parcel is located. "Trip Generation — 7th Edition," Institute of Transportation Engineers, shall be used to compute expected traffic generation rates.

a.

In the low intensity institutional (IN(L)) zoning classification, where low intensity uses are listed as permitted or permitted with conditions, the scale and impact of such uses shall be limited so that they are consistent in character and scope with the surrounding neighborhood.

b.

Project size will be limited at the site plan or building permit stage of development based upon projected traffic generation. Projected traffic generation will be calculated so that it is not projected to exceed the amount that would otherwise be generated by representative uses on the same lots or parcels, according to table 1 below, if they were to be developed according to the comprehensive plan designation.

c.

Projected trip generation will not be permitted to exceed the amount shown in the column entitled "Trip Generation/Acre" based upon the parcel's land use designation.

d.

Calculations for determining traffic generation will be based upon expected traffic generation rates published in "Trip Generation — 7th Edition," Institute of Transportation Engineers, or as amended from time to time.

Table 1
Low Intensity Institutional Use Impact Equivalency Table

Land Use Designation	Equivalent Density	Trip Generation/Unit*	Trip Generation/Acre
Agriculture	0.2 units/acre single family	9.57 trips/unit	1.91 trips/acre
Residential 1:2.5	0.4 units/acre single family	9.57 trips/unit	3.83 trips/acre
Residential 1	1.0 units/acre single family	9.57 trips/unit	9.57 trips/acre
Residential 2	2.0 units/acre single family	9.57 trips/unit	19.14 trips/acre
Residential 4	4.0 units/acre single family	9.57 trips/unit	38.28 trips/acre
Residential 6	6.0 units/acre single family	9.57 trips/unit	57.42 trips/acre
Residential 10	10.0 units/acre single family	6.72 trips/unit	67.20 trips/acre
Residential 15	15.0 units/acre single family	6.72 trips/unit	100.80 trips/acre
Residential 30	30.0 units/acre single family	6.72 trips/unit	201.60 trips/acre

 

Land Use Designation	Equivalent Intensity	Trip Generation/Unit*	Trip Generation/Acre
Neighborhood Commercial	10,890 s.f./acre commercial	44.32 trips/1,000 s.f.	482.64 trips/acre

 

*Trip Generation/Unit is based on "Trip Generation—7th Edition," Institute of Transportation Engineers. The most up to date trip generation values in "Trip Generation" may be substituted as they are published for the values shown in this column.

(5)

Minimum lot criteria.

a.

Minimum lot size shall be at least 7,500 square feet, with a minimum width and depth of at least 75 feet.

b.

Where listed as a permitted use with conditions in the low intensity designation, institutional uses must be at least one (1.0) acre in size.

(6)

Setbacks.

a.

Front setback. The front setback shall be 25 feet from the front lot line.

b.

Rear setback. The rear setback shall be 20 feet from the rear lot line.

c.

Side setbacks.

1.

Where a side lot line abuts a residential zone, such side setback shall be a minimum of 15 feet.

2.

Where a side lot line abuts a non-residential zone, such side setback shall be five feet.

3.

Where a side lot line abuts a combination of commercial, industrial or residential zonings, the respective side setbacks as stated in 1. or 2. above shall apply to the affected side yard area.

4.

On a corner lot, the side street setback shall be 15 feet. If a corner lot is contiguous to a key lot, then the side street setback shall 25 feet.

d.

Within the Merritt Island Redevelopment Area. On all lots in the Merritt Park Place Subdivision except corner lots, structures shall be set back not less than 15 feet from the front lot line where parking is located to the side or rear of the principal structure. Otherwise, all other provisions as described above shall apply.

e.

Setbacks for buildings for public assemblage shall be at least 50 feet where adjacent to residential parcels.

(7)

Structural height standards.

a.

Where the property abuts any other land located in the GU, AGR, AU, ARR, REU, RU-1-7, RU-1-9, RU-1-11, RU-1-13, RR-1, EU, EU-1, EU-2, SEU, SR, RVP, TR-1-A, TR-1, TR-2, TR-3, TRC-1, RRMH-1, RRMH-2.5, RRMH-5, EA, PA or GML zoning classification, the maximum height threshold of any structure or building thereon shall be 35 feet.

b.

Where the property abuts any other land located in the RA-2-4, R-2-6, RA-2-8, RA-2-10, RU-2-4, RU-2-6, RU-2-8, RU-2-10, RU-2-12, RP or BU-1-A zoning classification, the maximum height threshold of any structure or building thereon shall be 45 feet.

c.

Where the property abuts any other land located in the RU-2-15, RU-2-30, BU-1, BU-2, PIP, PBP, IU, IU-1, TU-1 or TU-2 zoning classification, the maximum height threshold of any structure or building thereon shall be 60 feet.

d.

Where any structure or building exceeds 35 feet in height, all conditions enumerated in section 62-2101.5 as applicable shall be fully satisfied.

e.

Structures or buildings may not exceed the maximum height thresholds stated in this subsection unless otherwise permitted by section 62-2101.5.

(8)

Location standards. The location of low intensity (IN(L)) and high intensity (IN(H)) institutional zoning classifications shall be subject to the following standards.

a.

Low intensity. Where the proposed use requires a low intensity institutional designation, the parcel shall be subject to the following location standards.

1.

Permitted in all residential land use designations and in the neighborhood commercial land use designation.

2.

Access to a roadway classified as a local street or higher.

3.

Pedestrian access required.

4.

Building scale and design compatible with the surrounding neighborhood.

b.

High intensity. Where the proposed use requires a high intensity institutional designation, the parcel shall be subject to the following location standards.

1.

Permitted in the community commercial land use designation.

2.

Access to a roadway classified as an arterial or higher.

3.

Access to a roadway classified as a collector or higher in established community commercial areas.

4.

Intrusion into residential areas shall be limited. High intensity institutional uses shall be located in areas where commercial development is planned or established.

c.

Exemption for pre-existing uses. Where the property was developed as an institutional use as described in this section prior to August 15, 2004, the above location standards and intensity limitations shall not apply. The parcel shall be administratively rezoned to the institutional zoning classification with the intensity designation that more closely represents the previously approved use. The use shall have the same rights and privileges as a "pre-existing use" as established under section 62-1839.7.

(Ord. No. 04-29, § 33, 8-5-04; Ord. No. 2007-59, § 30, 12-6-07; Ord. No. 2009-06, § 3(Exh. A), 2-5-09; Ord. No. 2010-22, § 9, 11-23-10; Ord. No. 2014-30, § 2, 10-2-14)