§ 62-1511. General tourist commercial, TU-1.

The TU-1 general tourist commercial zoning classification encompasses lands devoted to general tourist-related activities and recognizes the need for higher densities for motels and hotels. Also, a limitation of kitchen facilities is specified to prevent the conversion of motel and hotel units to permanent residential use. For purposes of this section, permanent residential use shall mean any use of one dwelling unit for more than three months by one family or one individual or any dwelling unit for which a lease is available for a period of time exceeding three months. The uses listed in subsection (1) of this section, or other uses of a similar nature that are compatible with the character of the uses specifically set forth in this section, are permitted.

(1)

Permitted uses.

a.

Permitted uses are as follows:

Art galleries, libraries and museums.

Civic, philanthropic or fraternal organizations.

Hotels and motels.

Parks and public recreational facilities.

Resort dwellings.

Restaurants.

Sale of alcoholic beverages, package only.

Single-family residence.

b.

All uses permitted in the restricted neighborhood retail commercial zoning classification (BU-1-A) are permitted in this zoning classification in conjunction with and accessory to a hotel or motel which has a minimum of 25 units.

c.

Permitted uses with conditions are as follows (see division 5, subdivision II, of this article):

Preexisting use.

Tourist efficiencies.

(2)

Accessory uses.

a.

Customary uses secondary and incidental to permitted uses are permitted.

b.

Retail shops and personal service activities are permitted in conjunction with hotels or motels.

(3)

Conditional uses. Conditional uses are as follows:

Alcoholic beverages for on-premises consumption.

Change of nonconforming agricultural use.

Land alteration (over five acres and up to ten acres).

Marina.

Recreational facilities.

Substantial expansion of a preexisting use.

Wireless telecommunication facilities and broadcast towers.

(4)

Maximum density. No maximum density restrictions shall apply in the community commercial future land use designation. However, within the Merritt Island Redevelopment Area (MIRA) boundary as described in the 2013 Merritt Island Redevelopment Plan Update, the density shall be limited to a maximum of 30 units per acre.

(5)

Lot requirements.

a.

Minimum lot size. An area of not less than 15,000 square feet is required, having a width of not less than 100 feet and a depth of not less than 150 feet.

b.

Maximum lot coverage. Maximum structural lot coverage is 40 percent.

(6)

Setbacks.

a.

Breezeway/visual corridor. All riverfront and oceanfront properties are subject to breezeway/visual corridor regulations enumerated in section 62-2105.

b.

Generally. Setbacks for all other property, except for gasoline stations, are as follows. For setbacks for gasoline stations, see subdivision VI of this division.

1.

The front setback shall be not less than 25 feet from the front lot line.

2.

The rear setback shall be not less than 20 feet from the rear lot line.

3.

Side setbacks shall be as follows:

i.

For an interior lot, the side setback shall be not less than 15 feet from the side lot line.

ii.

For a corner lot, the side setback shall be not less than 15 feet from the side lot line. If a corner lot is contiguous to a key lot, the setback shall not be less than 25 feet.

4.

Accessory buildings shall be located to the rear of the principal building, and no closer than ten feet to the rear and side lot lines, but in no case within the setback from a side street. There shall be a minimum spacing of 15 feet between any structure on the same site.

(7)

Minimum floor area; limitation of kitchen facilities. There is no minimum floor area for hotels and motels, however; all other structures shall contain a minimum of 300 square feet of floor area. No more than 25 percent of the total number of units in one motel or hotel shall contain kitchen facilities.

(8)

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, RA-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, PBP, PIP, 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.

(9)

Site plan. A site plan shall be submitted in accordance with article VIII of this chapter.

(10)

Metal buildings. Metal buildings shall be permitted in this zoning classification subject to the restrictions presented in section 62-2115.

(11)

Maximum floor area ratio. The floor area ratio shall be governed by section 62-2110.

(Code 1979, § 14-20.13(A); Ord. No. 95-47, §§ 56, 57, 10-19-95; Ord. No. 95-49, §§ 18, 21, 10-19-95; Ord. No. 96-16, §§ 59, 60, 3-28-96; Ord. No. 97-40, § 4, 10-14-97; Ord. No. 98-12, § 11, 2-26-98; Ord. No. 99-07, §§ 12, 20, 1-28-99; Ord. No. 99-11, § 1, 3-4-99; Ord. No. 01-30, § 12, 5-24-01; Ord. No. 2002-01, § 5, 1-8-02; Ord. No. 2002-42, § 6, 8-27-02; Ord. No. 04-29, § 28, 8-5-04; Ord. No. 2004-52, § 25, 12-4-04; Ord. No. 05-27, § 3, 5-19-05; Ord. No. 05-40, § 9, 8-23-05; Ord. No. 2014-30, § 1, 10-2-14; Ord. No. 2018-06, § 1, 3-20-18; Ord. No. 2018-26, § 1, 11-13-18)