§ 62-1476. Same—Land use regulations.

(a)

Minimum and maximum size. The minimum size for a THPUD shall be 0.5 acres. The maximum size for a THPUD shall be 10.0 acres.

(b)

Maximum density.

(1)

The average density permitted in each THPUD 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.

(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. 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. Thirty percent of the gross site acreage shall be delineated as tracts for common recreation and open space. 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 developer shall propose minimum lot dimensions (width, depth and lot area) as part of the preliminary development plan document.

(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 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 THPUD.

(3)

Setbacks and minimum distances between structures are as follows: The developer shall propose all primary and accessory building setbacks and separation distances between structures as part of the preliminary development plan document.

(4)

A minimum 25-foot setback shall be maintained between the wall of any structure and the property line along the perimeter of the THPUD unless waived by the board of county commissioners at the time the preliminary development plan is approved.

(5)

A 25 foot wide perimeter landscaped buffer tract(s) shall be required from abutting property not under the ownership of the developer.

(6)

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.

(7)

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

(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 THPUD 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 THPUD 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 THPUD 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 shall be designated by the developer on the preliminary development plan up to a maximum floor area of 900 square feet.

(g)

Parking requirements. Where the tiny house 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. In addition to the aforementioned parking criteria, tiny house lots will provide two parking spaces per unit to be consistent with subsection 62-3206(d)(32) for single-family parking.

(h)

Underground utilities. Within the THPUD, all utilities, including telephone, television cable and electrical systems, shall be installed underground. Primary facilities providing service to the site of the THPUD 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 THPUD.

(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 department and the public works department.

(Ord. No. 2018-27, § 10, 12-4-18)