§ 62-1446. Same—Land use regulations.

(a)

Minimum size.

(1)

The minimum size for a PUD shall be ten acres, except within the Merritt Island Redevelopment Area, where the minimum size for a PUD shall be seven acres.

(b)

Maximum density.

(1)

The average density permitted in each PUD shall be established by the board of county commissioners, upon recommendation of the planning and zoning board. The criteria for establishing an average density include existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use involving the area in question. In no case shall the overall number of dwelling units permitted in the PUD be inordinately allocated to any particular portion of the total site area.

(2)

Where a developer elects to develop the property in stages, the cumulative density with each subsequent stage must be approximately the same as the overall density approved for the entire project in that such cumulative density shall not vary upward more than two units per acre, except in the PUD-DRI classification and sub-designation, where the approved DRI maximum density shall control. Upon completion of all stages, the final density shall not exceed the density approved in the preliminary development plan.

(c)

Minimum common recreation and open space. A portion of the gross site acreage shall be delineated as tracts for common recreation and open space to be weighted based upon the mixture of residential uses in the PUD according to the following schedule:

	Percent
Multifamily and single-family attached	25
Single-family and duplex with lots < ½ acre	10
Single-family with lots ≥ ½ acre	0

 

Gross site acreage, for the purpose of this section, shall be defined as the total acreage of the parcel designated PUD, less any portions that are designated for commercial, industrial or institutional use.

Regardless of the above, common recreation open space shall be provided at a minimum rate of 1.5 acres per 100 residential units, regardless of type. Required open space may be satisfied by either active recreation or passive recreation open space, as defined by section 62-1102.

Allocation of common recreation and open space facilities shall be determined utilizing the definition of the term "usable common open space" in section 62-1102.

(d)

Minimum lot area, frontage and setbacks; accessory uses.

(1)

The minimum lot size for detached single-family structures shall be an area not less than 5,000 square feet and having a width of not less than 50 feet. The minimum lot size requirement may be waived by the board of county commissioners if the proposed lot or lots all have substantial relationship to the common open space (e.g., are directly adjacent to or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling unit or units is properly related to the configuration of the proposed lots.

(2)

Each dwelling unit or other permitted use shall have access to a public street, either directly or indirectly, via an approach private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. The county shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct county services, and to generally ensure the health and safety of the residents of the PUD.

(3)

Setbacks and minimum distances between structures are as follows:

a.

Single-family detached structures shall be set back not less than five feet from the side lot lines for lots less than 75 feet in width. Seven and one-half feet from the side lot lines for lots at least 75 feet but less than 100 feet in width, and ten feet from the side lot lines for lots at least 100 feet in width. Single-family detached structures shall be set back not less than 20 feet from the rear lot line, except that screened porches may be set back not less than ten feet. On a corner lot, the side street setback shall be not less than 15 feet. However, if a corner lot is contiguous to a key lot, then the side setback shall be in accordance with the front setback provided in subsection (d)(4) of this section. The board of county commissioners may reduce the required side setbacks and the distances between structures provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot.

b.

Separation between structures of two stories or less shall be 15 feet.

c.

Separation between structures of three stories shall be 20 feet.

d.

Separation between structures of four stories shall be 25 feet.

e.

Separation between structures over four stories shall be five feet for each additional story.

f.

Between structures of varying heights, the larger distance separation shall be required.

(4)

Except for single-family detached structures, setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be 25 feet unless waived by the board of county commissioners based on the recommendation of the planning and development services department and the public works department. For single-family detached structures on local public streets, the front setback shall be a minimum of 20 feet, except that an open porch attached to the residence may be set back a minimum of ten feet. On local private streets, the single-family detached structure shall be set back a minimum of 45 feet from the centerline of the private local street, except that an open porch may be set back a minimum of 35 feet from the centerline. A minimum 25-foot setback shall be maintained between the wall of any structure and the property line along the perimeter of the PUD unless waived by the board of county commissioners at the time the preliminary development plan is approved.

(5)

On property bordering the ocean, a minimum of 30 percent of the ocean frontage shall be left open as breezeway/visual corridor. On property bordering a river, a minimum of 30 percent of the river frontage shall be left open as breezeway/visual corridor.

(6)

On property bordering the ocean, setbacks from the ocean on oceanfront property shall be governed by the provisions of article XII of this chapter.

(7)

Accessory structures shall be located behind the front building line of the principal structure. Accessory structures shall be set back not less than five feet from the side and rear lot lines for lots less than 75 feet in width, seven and one-half feet from the side and rear lot lines for lots at least 75 feet but less than 100 feet in width, and ten feet from the side and rear lot lines for lots at least 100 feet in width. On a corner lot, the side street setback shall be not less than 15 feet; however, if a corner lot is contiguous to a key lot, then the side setback shall be in accordance with the front setback provided in subsection (4), above.

(8)

Nonresidential tracts shall be subject to the same development standards as are found in the BU-1-A, BU-1, BU-2 or industrial zoning classifications, as appropriate.

(e)

Maximum height of structures.

(1)

Where the property abuts any other land designated for single-family residential use or zoned for such use on the PUD preliminary or final development plan, the maximum height shall be 35 feet.

(2)

Where the property abuts any other land designated for attached single-family or multifamily residential use or institutional use or zoned for such uses on the PUD preliminary or final development plan, the maximum height shall be 45 feet.

(3)

Where the property abuts any other land designated for commercial use on the PUD preliminary or final development plan or zoned for commercial or industrial use, the maximum height shall be 60 feet.

(4)

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

(5)

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

(f)

Minimum floor area per unit.

(1)

Single-family dwellings, attached or detached: 900 square feet unless waived by the board of county commissioners.

(2)

Duplex: 750 square feet per unit.

(3)

Multifamily dwellings:

a.

Efficiency: 400 square feet.

b.

One bedroom: 500 square feet.

c.

Two bedrooms: 750 square feet.

d.

Three bedrooms: 900 square feet.

(4)

Hotel and motel units, where permitted: 300 square feet.

(5)

The internal design of the structure shall be compatible with the lot and adjacent single-family dwellings.

(g)

Parking requirements. Where the planned unit development consists of single-family detached dwellings on platted lots of less than 6,600 square feet, the developer may be required to provide an approved designated common area for the parking of campers, travel trailers, recreational trailers and vehicles, boats and boat trailers, and other similar vehicles.

(h)

Underground utilities. Within the PUD, all utilities, including telephone, television cable and electrical systems, shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted aboveground. The planning and zoning board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the PUD.

(i)

Development standards. The minimum construction requirement for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of article VII of this chapter, pertaining to subdivisions. Design requirements with respect to streets, sidewalks and drainage may be waived by the county commission upon the recommendation of the planning and development services department and the public works department.

(Code 1979, § 14-20.11(F); Ord. No. 95-48, § 1, 10-19-95; Ord. No. 97-43, § 1, 11-20-97; Ord. No. 01-23, § 1, 5-22-01; Ord. No. 01-30, § 8, 5-24-01; Ord. No. 03-52, § 4, 12-16-03)