Chapter 104 - Zoning Districts

Chapter 104 - ZONING DISTRICTS

ARTICLE I. - IN GENERAL

Sec. 104-1. - Public purpose. The purpose of these zoning districts is to preserve, promote, & protect the public health, safety, & welfare including aesthetic qualities of life; to ensure adequate public facilities & services; to conserve & protect natural resources; &, to ensure the compatibility of adjacent land uses to avoid nuisance conditions.  

Sec. 104-2. - Applicability.  Development within each zoning district shall be consistent with the stated purposes, allowable uses & development standards as set forth in this chapter, unless exempted, excepted, or an allowed, nonconforming development.                                    

Sec. 104-3. - Land use categories. The Future Land Use categories as established in the future land use element of the comprehensive plan shall be utilized in this chapter. They are restated for convenience as follows:

            • Preservation (P)

            • Residential Low-Density (RLD);

            • Silvaculture (SIL)

            • Public Institutional (P/I)

            • Residential (R)

            • Urban Residential (UR)

            • Urban Community (UC)

            • Mixed Use (MU);

            • Downtown District (DTD);

            • General Commercial (GC);

            • Industry (I);

            • Residential Vested (RV)

Sec. 104-4. - Future land use map. The boundaries & designations of Future Land Use categories shall be as described or depicted in the future land use element of the comprehensive plan, or amendments thereto, & shown on the map entitled “Future Land Use Map of the City of Panama City, FL.” A copy of this map shall remain on file in the office of the planning & land use division & shall be available for inspection by all interested persons during normal working hours.

a) Property contiguous to water. Where property within the city is contiguous to a body of water, the zoning of such property shall apply to that area of submerged lands that are part of a submerged land lease or are within the boundary of the legal description of the parcel at large.

b) Boundaries of Zoning Districts. Zoning district boundaries shall follow parcel lines, rights-of-ways, or natural feature boundaries.

 

Secs. 104-5—104-19. - Reserved.

ARTICLE II.  ZONING DISTRICT

ALLOWABLE USES &

DEVELOPMENT STANDARDS

Sec. 104-20. - Zoning Districts. The following zoning districts are hereby established for the purposes of providing land development standards.

Sec. 104-21. - General development standards. The following standards shall apply to development within the City, regardless of the zoning district classification.

a) Setbacks on odd-shaped lots. Setbacks on odd shaped parcels shall be determined by averaging the setback measures at right angles from the parcel line to the building corners.

b) Front setbacks on curves. Front setbacks on a curve or cul-de-sac shall be determined by measuring at right angles from a line drawn through the front parcel line corners to the front of the building.

c) Setbacks on corners. Setbacks for corner parcels shall be determined by measuring the front setback as a distance from the parcel line to the side of the building with the main entrance, while the other front yard setback shall be one-half the required front yard setback for that district. For corner lots with main entrances on both fronting streets, such as duplexes, the front yard setback shall be the same required front yard setback for that district for each main entrance side.

d) Wetlands setbacks. Setbacks for state & federal jurisdictional wetlands shall be 30 feet from any structure, except for water dependent uses such as docks & boathouses.

e) Minimum building setbacks for accessory structures. 3 feet from any abutting parcel line not adjoining a street or alley; 7 feet from a street or alley right-of-way line.

f) Measurement of setbacks. Setbacks for primary structures shall be measured from the foundation or wall.

g) Measurement of setbacks for accessory structures & uses. Setbacks for decks, pool decks, patios, & other accessory structures & uses shall be from the outermost point of such use or structure, to include roof eaves & pool decks.

 

h) Recreational vehicles or boats. Recreational vehicles or boats may not be stored in the front yard or front parking area of any residence unless parked within a carport, garage or other permanent shelter, or behind approved fencing which shields the vehicle or boat from view.

i) Development south of Beach Drive. All buildings, structures, piers, or docks, except those associated with governmental or utility operations, are prohibited in the area south of Beach Drive between Frankford Avenue & the Johnson Bayou Bridge.

Sec. 104-22. Preservaton (P) zoning district. The purpose of this zoning district is to provide areas for the preservation & protection of environmentally sensitive areas, land & water resources, & critical habitats.

a) Development on parcels designated as Preservation (P) on the zoning map shall:

1) Limit parking to pervious surfaces with exceptions for that which is required by the Americans with Disabilities Act.

b) The following bulk regulations shall apply to property zoned P:

1) The impervious surface ratio (ISR) shall be no greater than 0.05 of the total parcel area. Impervious surface may only be created for a purpose that will support passive recreational activities such as the development of a boardwalk, parking lot requirements, or a nature observation point.

2) Structures, except for observation towers, shall have a height limit of 25 feet.

3) Minimum setbacks shall be:

• A 30 foot undisturbed, vegetative buffer between any development activity & the jurisdictional wetland line of the DEP or the U.S. Army Corps of Engineers.

• A 75 foot undisturbed, vegetated buffer between any development & any streams or creeks.

c) The following uses are allowed in the P zoning district; all other uses are prohibited;

1) Uses which are strictly passive in nature, such as walking trails, observation points, open space, observation towers, & boardwalks.

2) Non-commercial nature preserves & wildlife sanctuaries.

3) Water/sewer lines, lift stations, pump stations, & roadways only when necessary to connect existing or proposed developments located outside of the preservation category. The development of the aforementioned utilities &/or roadways shall follow the requirements of Conservation Element Policies 6.7.10, 6.7.11, & 6.7.12 of the Comprehensive Plan.

4) Residential uses for quarters owned or operated by the U.S. Dept. of the Interior or a state agency.

Sec. 104-23. Recreation-1 (REC-1) zoning district. The purpose of this zoning district is to provide areas & sites for public recreation & park space.

a) Development on parcels designated as Recreation-1 (REC-1) on the zoning map shall:

1) Provide off-street parking as specified in Chapter 105, Article V.

2) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as REC-1:

1) All structures shall have a maximum height limitation of 25 feet above base flood elevation (BFE) or the crown of the adjacent roadway, whichever is higher.

2) The impervious surface ratios shall be no greater than 0.40 of the total parcel area.

3) The floor area ratio (F.A.R) shall be no greater than 0.20.

4) Minimum setbacks shall be:

            • 25 feet from the front parcel lines.

            • 30 feet from the rear parcel lines.

            • 7 feet from the side parcel lines.

c) The following uses are allowed in the REC-1 zoning district: all other uses are prohibited:

1) All uses allowed in the P zoning district.

2) Public uses such as playgrounds, splash parks, sports facilities, public marinas, boat ramps, & other public active recreation uses.

3) Public equestrian facilities & trails.

4) Public sporting & recreational camps.

5) Public utilities, except for solid waste facilities & landfills.

6) Commercial uses incidental or accessory to permitted uses above, such as retail sales of merchandise to support a recreational activity.

7) Restaurants or cafes accessory to a park or preserve so long as the commercial use functions as a subordinate or accessory use to the primary use.

Sec. 104-24. Recreation-2 (REC-2) zoning district. The purpose of this zoning district is to provide areas & sites for commercial recreation & areas for private use of residents or owners of recreational areas for a development.

a) Development on parcels designated as Recreation-2 (REC-2) on the zoning map shall:

1) Provide off-street parking as specified in Chapter 105, Article V.

2) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as REC-2:

1) All structures shall have a maximum height limitation of 25 feet above base flood elevation (BFE) or the crown of the adjacent roadway, whichever is higher.

2) The impervious surface ratios shall be no greater than 0.40 of the total parcel area.

3) The floor area ratio (F.A.R) shall be no greater than 0.20.

4) Minimum setbacks shall be:

            • 25 feet from the front parcel lines.

            • 30 feet from the rear parcel lines.

            • 7 feet from the side parcel lines.

c) The following uses are allowed in the REC-2 zoning district: all other uses are prohibited:

1) Commercial nature preserves & wildlife sanctuaries.

2) Private recreation set aside for use of owners/residents in master planned developments.

3) Commercial, for profit uses such as playgrounds, splash parks, sports facilities, private marinas, boat ramps, & other public active recreation uses.

4) Equestrian facilities & trails.

5) Sporting & recreational camps.

6) Public utilities, except for solid waste facilities & landfills.

7) Commercial uses incidental or accessory to permitted uses above, such as retail sales of merchandise to support a recreational activity.

8) Restaurants or cafes accessory to a park or preserve so long as the commercial use functions as a subordinate or accessory use to the primary use.

Sec. 104-25. - Silviculture (SIL) zoning district. The purpose of this zoning district is to provide areas for active silvicultural & agricultural production use, to include plants & animals, in addition to very low residential density uses.

a) Development on parcels designated as Silvicultural (SIL) on the zoning map shall:

1) Have a density of no greater than one dwelling unit per 20 acres.

b) The following bulk regulations shall apply to property zoned as SIL:

1) All residential-use structures shall have a maximum height limitation of 50 feet above base flood elevation (BFE) or the crown of the adjacent roadway, whichever is higher.

2) The impervious surface area shall be no greater than 0.20 of the total parcel area.

3) The floor area ratio shall be no greater than 0.20.

4) Minimum setbacks shall be:

            25 feet from the front parcel lines.

            30 feet from the rear parcel lines.

            7 feet from the side parcel lines.

c) The following uses are allowed in the SIL zoning district; all other uses are prohibited.

1) Farming activities, including, but not limited to aquaculture, horticulture, floriculture, silviculture, crop production, sod farms, dairy, livestock, poultry, bees, & any & all forms of farm products & farm production.

2) Retail uses that are ancillary to the farming activities, including, but not limited to the sale of eggs, honey, or hay where the product was grown on-site.

3) Single-family detached dwelling units, manufactured homes, & accessory dwelling units.

4) Public utilities.

5) Institutional uses &/or research facilities dedicated to agricultural education, provided such uses are ancillary to the farming activities.

Sec. 104-26. – Public / Institutional (P/I) zoning district. The purpose of this zoning district is to provide areas & sites for civic & community uses.

a) Development on parcels designated as Public/Institutional (P/I) on the zoning map shall:

1) Provide off-street parking as specified in Chapter 105, Article V.

2) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as P/I:

1) No height limitation.

2) The impervious surface ratio shall be no greater than 0.90 of the total parcel area.

3) The floor area ratio shall be no greater than 0.70.

4) The minimum open space requirement is 10%.

5) Minimum setbacks shall be:

            • 15 feet from the front parcel line.

• 10 feet from the rear parcel line, except when adjacent to a land use category that allows for residential  

   uses, then 25 feet is required.

            • 7 feet from the side parcel lines.

c) The following uses are allowed in the P/I zoning district; all other uses are prohibited:

1) Public or private schools, any age group.

2) Buildings & lands owned by a governmental agency.

3) Civic & community centers.

4) Houses of worship.

5) Public cemeteries.

6) Public utilities.

7) Borrow pits; landfills.

8) Hospitals, medical centers, & other health care facilities.

9) Nursing home, convalescent home, hospice center, skilled nursing facility, extended care facilities for the elderly, or other similar uses.

10) Residential uses which are incidental to a primary use such as a parsonage or caretakers quarters.

11) Correctional institutions, after approval by the City Commission, & after compatibility with adjacent uses has been determined.

12) Military installations.

13) Public or non-commercial private recreational uses to include marinas & boat ramps.

Sec. 104-27. - Residential-1(R-1) zoning district. The purpose of this zoning district is to provide areas for the preservation or development of residential neighborhoods consisting of detached single-family dwelling units on individual lots.

a) Development on parcels designated as Residential - 1 (R-1) on the zoning map shall:

1) Have a density no greater than 5 dwelling units to the acre.

2) Have a minimum lot size of 8,000 square feet.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Have a minimum lot frontage of:

g square or rectangular lot: 80 feet

              g corner: 100 feet

g cul-de-sac or corner: 20 feet

b) The following bulk regulations shall apply to property zoned as R-1:

1) All structures shall have a maximum height limitation of 35 feet above base flood elevation (BFE) or crown of the adjacent roadway, whichever is higher.

2. The impervious surface ratio (ISR) shall be no greater than 0.40 of the total parcel area.

3) Minimum setbacks shall be:

            • 20 feet from the front parcel line

            • 30 feet from the rear parcel line

            • 7 feet from the side parcel lines

c) The following uses are allowed in the R-1 zoning district; all other uses are prohibited.

1) Single-family detached dwellings on individual parcels;

2) Community residential homes shall be allowed when 6 or fewer residents are located in a single-family, residential dwelling provided that such homes are not located within 1,000 feet of one another & when the location of such homes does not substantially alter the nature & character of the area. Such use must be licensed by a state agency as listed in Section 419.001(1)(b) Florida Statutes.

3) Public & private schools grades K-12.

4) Public or noncommercial private recreation.

5) Accessory uses or structures as set forth in Chapter 104, Article IV & V.

6) Public utilities customarily found in residential areas;

7) Family day care homes pursuant to Section 125.0109, Florida Statutes.

Section 104-28. Residential-2 (R-2) zoning district. The purpose of this zoning district is to provide areas for the preservation or development of residential neighborhoods consisting of dwelling units which may be attached or detached structures.

a) Development on parcels designated as Residential - 2 (R-2) on the zoning map shall:

1) Have a density no greater than 10 dwelling units to the acre.

2) Have a minimum lot size of 5,000 square feet for detached single-family structures. A minimum lot size of 3,000 square feet shall be required for duplex, triplex, quadraplex, or other semi-detached row house-type structure with a common wall.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) For detached structures have a minimum lot frontage of:

g square or rectangular lot: 50 feet

              g corner: 75 feet

g cul-de-sac or corner: 20 feet

5) For attached structures have a minimum lot frontage of 20 feet.

b) The following bulk regulations shall apply to property zoned as R-2:

1) All structures shall have a maximum height limitation of 50 feet above base flood elevation (BFE) or the crown of the adjacent roadway, whichever is higher.

2) The impervious surface ratio shall be no greater than 0.50 of the total parcel area.

3) Minimum setbacks shall be:

            • 20 feet from the front parcel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel lines when:

i. The structure contains multiple units under the same ownership, the side setback shall be  from the footprint of the building as a whole & not each individual unit,

ii. The structure has multiple units under one roof & individual ownership for each unit, side setbacks may be decreased to 0 feet only when there is a common wall between units.

c) The following uses are allowable in the R-2 zoning district: all other uses are prohibited;

1) All uses allowable in the R-1 zoning district.

2) Attached dwellings, up to 4 units attached.

 

Sec. 104-29. - Urban Residential-1 (UR-1). The purpose of this zoning district is to provide for the efficient use of land by allowing medium- to high-density residential development & neighborhood commercial uses within the same vicinity.

a) Development on parcels designated as Urban Residential - 1 (UR-1) on the zoning map shall:

1) Have a density no greater than 15 dwelling units to the acre.

2) Single-family detached housing must have a minimum lot size of 4,000 square feet. A minimum lot size of 3,000 square feet shall be required for duplex, triplex, or quadraplex, or other semi-detached row house-type structure with a common wall.

3) Locate ingress & egress to minimize traffic impacts to adjacent neighborhoods.

4) Provide off-street parking as specified in Chapter 105, Article V.

5) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as UR-1:

1) Height. No structure nor any part thereof shall exceed a vertical height of 80 feet from the pre-construction ground elevation of the site to the ceiling of the highest habitable residential unit, plus 25 feet for roof & mechanical elevations, provided the ground floor elevation is above the base flood elevation as determined by a Florida Registered Surveyor. Where the site has various elvations, the height of the structure shall be measured from the base flood elevation of the site or the averaged site elevation, whichever is greater.

Height Limit Exception. The height limit of 80 feet may be exceeded if certain building & construction criteria are met, if recommended by the Board of Architects & approved by the City Commission. Under no circumstances shall the height of the structure exceed 110 feet from the pre-construction ground elevation to the ceiling of the highest habitable unit, plus 25 feet for roof & mechanical elevations. Height enhancement criteria shall include the following:

- 3 feet of height for every one foot of additional side lot setback.

- Not to exceed 10 feet of height for each public access lane having a minimum width of 10 feet to the estuary, if applicable, plus 5 feet of height, if maintained by the Developer in perpetuity & recommended by the Board of Architects & approved by the City Commission.

- 5 feet of height for appropriate use of low water demand plants in all required buffer or landscaped areas.

- 5 feet of height for the use of drip irrigation or other low water use methods, i.e., wastewater or gray water irrigation.

- 10 feet of height for projects designed so as to provide a varied skyline to provide for light & wind dynamics on adjacent properties & natural systems.

- Not to exceed 10 feet of height based on a combination of unusual & unique architectural features; shoulder buildings below the maximum allowable height, public amenities associated with grounds or structures having public accessibility, but only if recommended by the Board of Architects & approved by the City Commission.

- Not to exceed 10 feet of height based on a combination of the following, but only if recommended by the Board of Architects & approved by the City Commission:

(i) donation of environmentally sensitive lands to the City, subject to a conservation easement in perpetuity;

ii) donation of land of known archeological or historic value to the City, subject to a conservation easement in perpetuity;

(iii) dedication of public space;

(iv) public landscaping & maintenance off site; &

(v) saving Champion or Heritage trees, or green area dedication to the public.

2) The impervious surface ratio (ISR) shall be no greater than 0.65 of the total parcel area.  

3) The floor area ratio shall be no greater than 0.50.

4) Minimum setbacks for those developments with only a residential use shall be:

            • 20 feet from the front parcel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel line.

5) Minimum setbacks for those developments that include a non-residential use which is adjacent to residential uses shall be:

        • 20 feet from the front parcel line.

            • 30 feet from the rear parcel line.

            • 12 feet from the side parcel line.

c) The following uses are allowed in UR-1 zoning district; all other uses are prohibited:

1. All uses allowed in the R-2 zoning district.

2. Multi-family structures.

3. Neighborhood-scale commercial uses, not to exceed 20,000 square feet of heated & cooled space in size per parcel. Such uses may include:

i. Professional office & personal services.

ii. Bed & breakfast, not to exceed 6 rental rooms.

iii. Private child care or day care for children.

iv. Commercial recreational facilities.

v. Grocery & convenience retail including but not limited to beauty parlor, barber shop, laundromat, dry cleaner, & other retail establishments meant to serve the immediate vicinity.

vi. Athletic clubs, dance or music studios.

vii. Food establishments without a drive-thru window.

viii. Other similar uses serving the neighborhood area.

d) No more than 15% of this zoning district in combination with the UR-2 zoning district, may be used for neighborhood commercial uses. This analysis shall be made on a continuous basis & shall be assessed on a City-wide basis.

Sec. 104-30. - Urban Residential-2 (UR-2). The purpose of this zoning district is to provide for the efficient use of land by combining high-density residential development & neighborhood commercial uses within the same development.

a) Development on parcels designated as Urban Residential -2 (UR-2) on the zoning map shall:

1) Have a density no greater than 30 dwelling units to the acre.

2) Locate ingress & egress to minimize traffic impacts to adjacent neighborhoods.

3) Not be more than twice the maximum height allowed in an adjacent zoning district when the parcel is adjacent to property utilized for single-family detached housing.

4) Provide off-street parking as specified in Chapter 105, Article V.

5) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as UR-2:

1) Height. No structure nor any part thereof shall exceed a vertical height of 120 feet from the pre-construction ground elevation of the site to the ceiling of the highest habitable residential unit, plus 25 feet for roof & mechanical elevations, provided the ground floor elevation is above the base flood elevation as determined by a Florida Registered Surveyor. Where the site has various elvations, the height of the structure shall be measured from the base flood elevation of the site or the averaged site elevation, whichever is greater.

Height Limit Exception. The height limit of 120 feet may be exceeded if certain building & construction criteria are met, if recommended by the Board of Architects & approved by the City Commission. Under no circumstances shall the height of the structure exceed 150 feet from the pre-construction ground elevation to the ceiling of the highest habitable unit, plus 25 feet for roof & mechanical elevations. Height enhancement criteria shall include the following:

- 3 feet of height for every one foot of additional side lot setback.

- Not to exceed 10 feet of height for each public access lane having a minimum width of 10 feet to the estuary, if applicable, plus 5 feet of height, if maintained by the Developer in perpetuity & recommended by the Board of Architects & approved by the City Commission.

- 5 feet of height for appropriate use of low water demand plants in all required buffer or landscaped areas.

- 5 feet of height for the use of drip irrigation or other low water use methods, i.e., wastewater or gray water irrigation.

- 10 feet of height for projects designed so as to provide a varied skyline to provide for light & wind dynamics on adjacent properties & natural systems.

- Not to exceed 10 feet of height based on a combination of unusual & unique architectural features; shoulder buildings below the maximum allowable height, public amenities associated with grounds or structures having public accessibility, but only if recommended by the Board of Architects & approved by the City Commission.

- Not to exceed 10 feet of height based on a combination of the following, but only if recommended by the Board of Architects & approved by the City Commission:

(i) donation of environmentally sensitive lands to the City, subject to a conservation easement in perpetuity;

ii) donation of land of known archeological or historic value to the City, subject to a conservation easement in perpetuity;

(iii) dedication of public space;

(iv) public landscaping & maintenance off site; &

(v) saving Champion or Heritage trees, or green area dedication to the public.

2) The impervious surface ratio (ISR) shall be no greater than 0.75 of the total parcel area.  

3) The floor area ratio shall be no greater than 0.75.

4) Minimum setbacks for those developments with only a residential use shall be:

            • 15 feet from the front parcel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel line.

  • 5) Minimum setbacks for those developments that include a non-residential use which is adjacent to residential uses shall be:
            • 15 feet from the front parcel line.

            • 30 feet from the rear parcel line.

            • 12 feet from the side parcel line.

c) The following uses are allowed in UR-2 zoning district; all other uses are prohibited:

1) All uses allowed in the UR-1 zoning district.

d) No more than 15% of this zoning district, in combination with the UR-1 zoning district, may be used for neighborhood commercial uses. This analysis shall be made on a continuous basis & shall be assessed on a City-wide basis.

Sec. 104-31. - Urban Residential-3 (UR-3). The purpose of this zoning district is to provide areas for manufactured home subdivisions & parks.

a) Development on parcels designated as Urban Residential -3 (UR-3) on the zoning map shall:

1) Have a density no greater than 10 dwelling units to the acre.

2) Locate ingress & egress to minimize traffic impacts to adjacent neighborhoods.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

5) Manufactured housing dwelling units shall conform to the requirements of the National Manufactured Home Construction & Safety Standards as administered by the U.S. Dept. of Housing & Urban Development, or conform to the requirements of the Florida Dept. of Economic Opportunity, & bear such insignia.

b) The following bulk regulations shall apply to property zoned as UR-3:

1) All structures shall have a maximum height limitation of 15 feet above base flood elevation or the crown of the adjacent roadway, whichever is higher.

2) Individual lots in manufactured home subdivisions shal have a minimum lots size requirement of 4,000 square feet.

3) The impervious surface ratio (ISR) shall be no greater than 0.75 of the total parcel area.  

4) Minimum setbacks for individual lots shall be:

            • 15 feet from the front parcel line.

            • 15 feet from the rear parcel line.

            • 7 feet from the side parcel line.

5) Minimum setbacks for homes located within a manufactured home park shall be:
       

15 feet from any property line.

            • 20 feet between units or structures when oriented long side by long side.

            • 6 feet between units or structures when oriented short end to short end.

            • 8 feet between units or structures when oriented long side to short end.

c) The following uses are allowed in UR-3 zoning district; all other uses are prohibited:

1) Manufactured home subdivisions & manufactured home parks.

2) Existing, grand fathered mobile homes, as specified in Chapter 105, Article VII.

3) Community residential homes shall be allowed when 6 or fewer residents are located in a single-family, residential dwelling provided that such homes are not located within 1,000 feet of one another & when the location of such homes does not substantially alter the nature & character of the area. Such use must be licensed by a state agency as listed in Section 419.001(1)(b), Florida Statutes.

4) Public or non-commercial private recreation.

5) Accessory uses or structures as set forth in Chapter 104, Articles IV & V.

6) Public utilities customarily found in residential areas.

7) Family day care homes pursuant to Section 125.0109, Florida Statutes.

d) Development within this zoning district shall comply with the requirements of Chapter 105, Article VII.

Sec. 104-32. - Mixed use-1 (MU-1) zoning district. The purpose of this zoning district is to provide areas for existing residential development:

a) Development on parcels designated as Mixed Use -1 (MU-1) on the zoning map shall

1) Have a density no greater than 5 dwelling units to the acre.

2) Have a minimum lot size of no less than 7,500 square feet.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Have a minimum lot frontage of:

g square or rectangular lot: 75 feet

              g corner: 100 feet

g cul-de-sac or corner: 20 feet

b) The following bulk regulations shall apply to property zoned as MU-1:

1) All structures shall have a maximum height limitation of 35 feet above base flood elevation (BFE) or the crown of the adjacent roadway whichever is higher.

2) The impervious surface ratio (ISR) shall be no greater than 0.50 of the total parcel area.

3) Minimum  setbacks shall be:

            • 25 feet from the front parcel line.

            • 25 feet from the rear parcel line.

            • 7 feet from the side parcel lines.

c) The following uses are allowed in the MU-1 zoning district; all other uses are prohibited;

1) All uses allowable in the R-1 zoning district.

d) After the effective date of this regulation, no new single-family detached residential development on individual lots shall be designated as MU-1.

Section 104-33. Mixed use-2 (MU-2) zoning district. The purpose of this zoning district is to provide areas for medium- to high-density residential development, in combination with professional offices, educational, & low-intensity, neighborhood commercial uses:

a) Development on parcels designated as Mixed Use -2 (MU-2) on the zoning map shall:

1) Have a density no greater than 10 dwelling units to the acre.

2) Locate ingress & egress to minimize traffic impacts to adjacent neighborhoods.

3) Have a mixture of 2 or more uses within the same development. Such uses must be of the following categories: residential, office, retail, civic, educational, & light industrial.

4) Provide off-street parking as specified in Chapter 105, Article V.

5) Conform to the landscaping & buffer requirements as specified in Chapter 105, Article II.

b) The following bulk regulations shall apply to property zoned as MU-2:

1) All structures shall have a maximum height limitation of 65 feet above base flood elevation (BFE) or the crown of the adjacent roadway whichever is higher.

2) The impervious surface ratio (ISR) shall be no greater than 0.65 of the total parcel area.

3) The floor area ratio (FAR) shall not exceed 0.65.

4) Minimum  setbacks shall be:

            • A maximum of 15 feet from the front par-

            cel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel from the rear

            parcel line.

Except. Minimum setbacks for properties adjacent to a MU, PUD, GC, or the Downtown District zoning district shall be:

            • 15 feet from the front parcel line.

            • 30 feet from the rear parcel lines.

            • 12 feet from the side parcel lines

c) The following uses are allowed in the MU-2 zoning district; all other uses are prohibited;

1) All uses allowable in the UR-1 zoning district.

2) Uses with drive-thru structural component, except for those uses associated with a restaurant business.

3) Retail business.

Section 104-34. Mixed use-3 (MU-3) zoning district. The purpose of this zoning district is to provide areas for medium- to high-density residential development, in combination with professional offices, educational, & low-intensity, neighborhood commercial uses:

a) Development on parcels designated as Mixed Use -3 (MU-3) on the zoning map shall:

1) Have a density no greater than 20 dwelling units to the acre.

2) Locate ingress & egress to minimize traffic impacts to adjacent neighborhoods.

3) Have a mixture of 2 or more uses within the same development. Such uses must be of the following categories: residential, office, retail, civic, educational, & light industrial.

4) Provide off-street parking as specified in Chapter 105, Article V.

5) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article V.

b) The following bulk regulations shall apply to property zoned as MU-3:

1) All structures shall have a maximum height limitation of 65 feet above base flood elevation (BFE) or the crown of the adjacent roadway, whichever is higher.

2) The impervious surface ratio (ISR) shall be no greater than 0.75 of the total parcel area.

3) The floor area ratio (FAR) shall not exceed 0.75.

4) Minimum  setbacks shall be:

            • 15 feet from the front parcel line.

            • 30 feet from the rear parcel line.

            • 12 feet from the side parcel line.

Except. Minimum setbacks for properties adjacent to a MU, PUD, GC, or the Downtown District

shall be:

            • 15 feet from the front parcel line.

            • 20 feet from the rear parcel lines.

            • 7 feet from the side parcel lines

c) The following uses are allowed in the MU-3 zoning district; all other uses are prohibited;

     1) All uses allowable in the UR-1 zoning district.

     2) Uses with drive-thru structural component.

     3) Retail business.

Sec. 104-35. - Downtown District (DTD). The purpose of this zoning district is to provide for the vitality of downtown Panama City as a safe community of business, residential, commercial, cultural, government, public institutional, light industrial, & entertainment uses, including public green spaces & recreational access to the waterfront, while protecting the environment & enhancing the quality of life.

a) Development on parcels designated as Downtown District (DTD) on the zoning map shall:

1) Have a density of 30 dwelling units per acre. If the project uses the following incentives, then the maximum density will allow up to 60 dwelling units per acre:

i) Water projects that provide dedicated public access to the bay.

ii) Waterfront projects that dedicate a public easement parallel to the bay.

iii) Projects that include the rehabilitation & reuse of historic structures.

iv) Projects that contribute to a network of parks & green space.

v) Projects that utilize “green” or sustainable technology or development practices as part of the construction process or site design.

vi) Projects that offer more than 25% of the total project dwelling units as affordable or workforce housing.

2) Confine ground & building lighting to the property without causing direct light to protrude on adjacent properties.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Be given credit for existing impervious surface; provided the new development is built over the existing impervious surface.  However, new development exceeding these areas or building in a different location on the property will be subject to the City’s stormwater requirements.

b) The following bulk regulations shall apply to property zoned as DTD:

1) No structure or any part thereof shall exceed a vertical height of 120 feet from the preconstruction ground elevation of the site, plus 25 feet for roof & mechanical, provided that the ground elevation is above the base floor elevation as determined by a Florida Registered Land Surveyor. Where the site has various elevations, the height as structured shall be measured from the base flood elevation of the site or the averaged site elevation, whichever is greater.

2) The height limitation of 120 feet may be exceeded if certain building & construction criteria are met as may be recommended by the Board of Architects & approved by the City Commission. Under no circumstances shall the height of the structure exceed 150 feet from the ground floor to the ceiling of the highest habitable unit, plus 25 feet for roof & mechanical appliances.

3) Height enhancement criteria shall include the following:

i) 3 feet of height for every foot of additional site lot setback.

ii) Not to exceed 10 feet of height for each public access lane having a minimum width of 10 to the water, if applicable, plus 5 feet of height, if maintained by the developer & its successors in perpetuity.

iii) 5 feet of height for appropriate use of low water demand plants in all required buffer or landscape areas.

iv) 5 feet of height for the use of drip irrigation or other low water use methods, i.e. waste water or gray water irrigation.

v) 10 feet of height for projects designed so as to provide a varied skyline to provide for light & wind dynamics on adjacent properties & natural systems.

vi) Not to exceed 10 feet of height based on a combination of unusual & unique architectural features such as shoulder buildings below the maximum allowable height, public amenities associated with grounds or structures having public accessibility.

vii) Not to exceed 10 feet of height based on a combination of the following:

(a) Donation of environmentally sensitive lands to the City, subject to a Conservation Easement in perpetuity;

(b) Donation of land known as archeological or historic value to the City, subject to a Conservation Easement in perpetuity.

(c) Dedication of public space; &

(d) Public landscaping & maintenance offsite & saving champion or heritage trees or green area dedication to the public.

4) The impervious surface ratio shall be no greater than 1.0 of the total parcel area.

5) The floor area ratio (FAR) shall not exceed 5.0 & shall only apply to nonresidential uses.

6) Minimum setbacks shall be:

            • Zero (0) feet from the front parcel line.

            • Zero (0) feet from the rear parcel line.

            • Zero (0) feet from the side parcel lines.

c) The following uses are allowed in the DTD zoning district:

1) All uses allowable in the GC-1, GC-2, R-1, R-2, MU-1, MU-2, MU-3, UR-1, UR-2, LI, PI, & REC zoning districts.

d) All projects within the DTD District which include a change to the higher intensity land use may be subject to a Level 3 Review before the Planning Board and City Commission.  This determination shall be made by the director at his or her discretion.

Additionally, projects which exceed 3 stories (or 30 feet) in height shall require a Level 3 Review.

Sec. 104-35.5. - St. Andrews Downtown District Zoning District (SADTD).

The purpose of this zoning district is to provide for the vitality of downtown St. Andrews as a safe, walkable community of business, residential, commercial, cultural, and entertainment uses, including public green spaces and recreational access to the waterfront, while protecting the environment and enhancing the quality of life. To encourage and promote economic growth and redevelopment of St. Andrews, higher residential density and non-residential intensities may be achievable within the District through development incentives.

(a)    Development on parcels designated as St. Andrews Downtown District (SADTD) on the zoning map shall:

(1)   Have a density no greater than 30 dwelling units per acre. If a project utilizes the following incentives, then the maximum density may allow up to 60 dwelling units per acre.

i)      Water projects that provide dedicated public access to the bay.

ii)     Waterfront projects that dedicate a public easement parallel to the Bay.

iii)    Projects that include the rehabilitation and reuse of historic structures.

iv)    Projects that contribute to a network of parks and green space.

v)     Projects that utilize "green" or sustainable technology or development practices as part of the construction process or site design.

vi)    Projects that offer more than 25 percent of the total project dwelling units as residential dwelling units.

(2)   Confine ground and building lighting to the property without causing direct light to protrude on adjacent properties.

(3)   Provide off-street parking as specified in chapter 105, article V.

(4)   Be given credit for existing impervious surface: provided the new development is built over the existing impervious surface. However, new development exceeding these areas or building in a different location on the property will be subject to the city's stormwater requirements.

(5)   Restrict residential dwelling units from occurring on the ground floor of any development directly facing or located on Beck Avenue. The ground floor shall be devoted exclusively to commercial, retail or office uses.

(6)   Maintain and promote the historic architectural character. New construction shall utilize historic design elements that are complimentary to the original historic character. Renovations to existing buildings shall try to retain historic elements and/or add historic elements in keeping with the original historic look and character of St. Andrews.

(b)   The following bulk regulations shall apply to property zoned as SADTD:

(1)   No structure or any part thereof shall exceed a vertical height of 100 feet from the preconstruction ground elevation of the site, plus 25 feet for roof and mechanical, provided that the ground elevation is above the base flood elevation as determined by a Florida registered land surveyor. Where the site has various elevations, the height as structured shall be measured from the base flood elevation of the site or the averaged site elevation, whichever is greater.

(2)   The height limitation of 100 feet may be exceeded if certain building and construction criteria are met and approved by the city commission. Under no circumstances shall the height of the structure exceed 100 feet from the ground floor to the ceiling of the highest habitable unit, plus 25 feet for roof and mechanical appliances.

(3)   Height enhancement criteria shall include the following:

(i)     Three feet of height for every foot of additional side lot setback.

(ii)    Not to exceed ten feet of height for each public access lane having a minimum width of ten feet to the estuary, if applicable, plus five feet of height, if maintained by the developer and its successors in perpetuity.

(iii)   Five feet of height for appropriate use of low water demand plants in all required buffer or landscaped areas.

(iv)   Five feet of height for the use of drip irrigation or other low water use methods, i.e., wastewater or gray water irrigation.

(v)    Ten feet of height for projects designed so as to provide a varied skyline to provide for light and wind dynamics on adjacent properties and natural systems.

(vi)   Not to exceed ten feet of height based on a combination of unusual and unique architectural features such as shoulder buildings below the maximum allowable height, public amenities associated with grounds or structures having public accessibility.

(vii)  Not to exceed ten feet of height based on a combination of the following:

(a)    Donation of environmentally sensitive lands to the city, subject to a conservation easement in perpetuity;

(b)   Donation of land known as archeological or historic value to the city, subject to a conservation easement in perpetuity;

(c)    Dedication of public space; and

(d)   Public landscaping and maintenance offsite and saving champion or heritage trees or green area dedication to the public.

(4)   The impervious surface ratio shall be no greater than 1.0 of the total parcel area.

(5)   The floor area ratio (FAR) shall not exceed 2.0 and shall only apply to nonresidential uses. If a project utilizes the incentives as defined in section (e), then a floor area ratio of 5.0 may be achieved.

(6)   Minimum setbacks shall be:

Zero feet from the front parcel line.

Zero feet from the rear parcel line.

Zero feet from the side parcel lines.

(c)    The following uses are allowed in the DTD zoning district, unless otherwise specifically prohibited in section (d):

(1)   All uses allowable in the GC-1, GC-2, R-1, R-2, MU-1, MU-2, MU-3, UR-1, UR-2, PI, and REC zoning districts.

(d)   The following uses are prohibited in the SADTD zoning district:

(i)    Sale of mobile /manufactured homes;

(ii)    Perpetual yard sales, or similar sales;

(iii)   Any business commonly known as "check cashing," or any business which, as a material part of its services, provides future employment wages or other compensation (often known as "payday loans," or "payday advances");

(iv)   Pawnshops, as defined by F.S. § 648.25(1);

(v)   Bail bond agencies, as defined by F.S. § 648.25(1);

(vi)   Palm readers, fortune tellers, tarot card readers, psychics, and similar businesses;

(vii)  Bottle clubs;

(viii) Any business which, as a material part of its services, provides loans secured by vehicle titles (often known as "car-title loans");

(ix)   Impound yards; automobile wrecking; recycling or salvage yards; and similar uses;

(x)   Recreational vehicle sales, storage or repair;

(xi)   Car wash facilities;

(xii)  Mobile home parks;

(xiii) Heavy equipment sales, service, and storage;

(xiv) Self-service storage facilities;

(xv)  Dispatch office and vehicle fleet parking, storage and maintenance;

(xvi) Labor pools;

(xvii)   Adult entertainment;

(xviii)  Manufacturing of chemical products;

(xix) Contractor storage or salvage yard;

(xx)  Towing service;

(xxi) Window tinting;

(xxii)   Funeral homes including crematoriums;

(xxiii)  Automobile sales;

(xxiv)  Lumberyards; and

(xxv)  Abandoned railroad cars, P.O.D.s, or portable storage units.

(e)    If any businesses that are currently existing within this zoning district experience a catastrophic loss of 51 percent or greater (up to 100 percent), the business owners will be allowed to rebuild back on their property. This policy does not apply to adult entertainment establishments.

(f)    All projects within the SADTD District which include a change to a higher intensity and or density use will be subject to a level 3 review before the planning board and city commission. This determination shall be made by the director at his or her discretion.

Additionally, projects which exceed three stories (or 30 feet) in height shall require a level 3 review.

(Ord. No. 2563, § 1(Exh. A), 7-14-2015)

Editor's note— Ord. No. 2563, § 1(Exh. A), adopted July 14, 2015, added a new § 104-35. Inasmuch as § 104-35 already existed and to avoid duplication of section numbers, said new section was added as § 104-35.5 at the discretion of the editor. 



Sec. 104-36. - General commercial-1 (GC-1) zoning district.  The purpose of this zoning district is to provide areas for neighborhood commercial activity including retail sales & services, professional offices & services, & other similar land uses.

a) Development on parcels designated as General Commercial-1 (GC-1) on the zoning map shall:

1) Confine ground & building lighting to the property & without causing direct light to protrude on adjacent properties.

2) Screen garbage receptacles, trash containers, & dumpsters from public view, using opaque materials.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

5) Not include any residential development.

b) The following bulk regulations shall apply to property zoned as GC-1:

1) No maximum height.

2) The impervious surface ratio (ISR) shall be no greater than 0.70 of the total parcel area.

3) The floor area ratio (FAR) shall not exceed 2.0.

4) Minimum setbacks shall be:

            • 15 feet from the front parcel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel lines

Except, minimum setbacks for development adjacent to zoning districts that allow residential uses shall be.

            • 15 feet from the front parcel line.

            • 30 feet from the rear parcel line.

            • 12 feet from the side parcel lines

c) The following uses are allowed in GC-1 zoning districts; all other uses are prohibited:

1) Neighborhood-scale commercial uses, not to exceed 20,000 square feet of heated & cooled space in size per parcel. Such uses may include:

i. Professional office & personal services.

ii. Private child care or day care for children.

iii. Commercial recreational facilities.

iv. Grocery & convenience retail such as beauty parlor, barber shop, laundromat, dry cleaner, & other retail establishments meant to serve the immediate vicinity.

v. Athletic clubs, dance or music studios.

vi. Food establishments without a drive-thru window.

vii. Public utilities customarily found in residential areas.

viii. Other similar uses serving the neighborhood area.

Sec. 104-37. - General commercial-2 (GC-2) zoning district.  The purpose of this zoning district is to provide areas for intensive commercial activity including retail sales & services, wholesale sales, shopping centers, professional offices & services, & other similar land uses.

a) Development on parcels designated as General Commercial-2 (GC-2) on the zoning map shall:

1) Confine ground & building lighting to the property & without causing direct light to protrude on adjacent properties. The maximum height of a light pole shall be 35 feet.

2) Screen garbage receptacles, trash containers, & dumpsters from public view, using opaque materials.

3) Provide off-street parking as specified in Chapter 105, Article V.

4) Conform to the landscaping & buffering requirements as specified in Chapter 105, Article II.

5) Not include any residential development.

b) The following bulk regulations shall apply to property zoned as GC-2:

1) No maximum height.

2) The impervious surface ratio (ISR) shall be no greater than 0.90 of the total parcel area.

3) The floor area ratio (FAR) shall not exceed 3.0.

4) Minimum setbacks shall be:

            • 15 feet from the front parcel line.

            • 20 feet from the rear parcel line.

            • 7 feet from the side parcel lines

Except, setbacks for development that are adjacent to zoning districts which allow residential uses shall be:

            • 15 feet from the front parcel line.

            • 30 feet from the rear parcel line.

            • 12 feet from the side parcel lines

c) The following uses are allowed in GC-2 zoning districts; all other uses are prohibited:

1) All uses allowable in the GC-1 zoning district.

2) Shopping centers.

3) Vehicle dealers & repair shops.

4) Adult entertainment.

5) Big box retailers.

6) Printing, publishing or other similar establishments.

7) Business park.

8) Wholesaling, warehousing, & storage of goods or materials.

9) Public utilities with exception to solid waste facilities & landfills.

10) Other similar uses.

Sec. 104-38. - Light industry (LI) zoning district.

The purpose of the light industry zoning district is to provide areas for light industrial operations which have minimum nuisance attributes & do not cause excessive noise, smoke, pollutants, traffic by trucks or other similar characteristics normally associated with a heavy industrial operation, or invite the storage of chemical or petroleum products.

a) Development on parcels designated as Light Industry (LI) on the zoning map shall:

1) Conform to the industrial performance standards as specified in Chapter 12, Article V of the Municipal Code.

2) Provide off-street parking as specified in Chapter 105, Article V.

3) Landscaping & buffering is required as specified in Chapter 105, Article II.

4) Complete a compatibility analysis of the proposed use with the existing adjacent uses & the allowable uses as specified by the Future Land Use Map, as part of the development order application process.

b) The following bulk regulations shall apply to property zoned as LI:

1) No maximum height.

2) The impervious surface ratio (ISR) shall be no greater than 0.80 of the total parcel area.

3) The floor area ratio shall not exceed 0.65, except when:

Warehouses defined as building with more than 90% of the area dedicated to storage or warehousing may have a 1.0 minimum floor area ratio. In no case shall the FAR of the site exceed 1.5 considering all structures.

4) Minimum setbacks shall be:

No less than 25 feet from any property line at the perimeter of the zoning category boundary, except:

Industrial uses adjacent to lands designated as Industrial on the Future Land Use Map (FLUM) shall have a setback requirement of 5 feet from the property line.

c.) The following uses are allowed in LI zoning districts; all other uses are prohibited:

1) Manufacturing & assembly.

2) Private & commercial marinas & marine facilities.

3) Business park.

4) Vocational trade & industrial education.

5) Public utilities.

Sec. 104-39. - Heavy industry (HI) zoning district. The purpose of this zoning district is to provide areas for heavy industrial operations to isolate them from other land uses.

a) Development on parcels designated as Heavy Industry (HI) on the zoning map shall:

1) Conform to the industrial performance standards as specified in Chapter 12, Article V of the Municipal Code.

2) Provide off-street parking as specified in Chapter 105, Article V.

3) Landscaping & buffering is required as specified in Chapter 105, Article II.

4) Complete a compatibility analysis of the proposed use with the existing adjacent uses & the allowable uses as specified by the Future Land Use Map, as part of the development order application process.

b) The following bulk regulations shall apply to property zoned as HI

1) No maximum height.

2) The impervious surface ratio (ISR) shall be no greater than 0.80 of the total parcel area.

3) The floor area ratio shall not exceed 0.65, except when:

Warehouses defined as building with more than 90% of the area dedicated to storage or warehousing may have a 1.0 minimum floor area ratio. In no case shall the FAR of the site exceed 1.5 considering all structures.

4) Minimum setbacks shall be:

No less than 25 feet from any property line at the perimeter of the zoning category boundary, except:

Industrial uses adjacent to lands designated as Industrial on the Future Land Use Map (FLUM) shall have a setback requirement of 5 feet from the property line.

c.) The following uses are allowed in HI zoning districts; all other uses are prohibited:

1) All uses allowed in the LI zoning category.

2) Scrap processing.

3) Recycling centers.

4) Any industrial, manufacturing, distribution, storage or warehousing use which is otherwise prohibited in any other zoning district.

d) Heavy industrial uses shall not be located adjacent to any zoning category that allows for residential uses.

Sec. 104-40. - Determination of density or intensity.

(a) Residential density. Residential densities shall be determined by multiplying the allowable dwelling units per acre by the gross acreage of the lot or parcel to be developed. (Example: 15 units/acre X 2 acres = 30 units.)

(b) Lot coverage/open space ratio. Lot coverage is the land area of any lot or parcel which can be covered by impervious surfaces such as buildings, parking lots, driveways or similar development. Open space is the land area remaining in a landscaped or natural state after development occurs. The allowable lot coverage/open space ratio shall be determined by multiplying the gross land area of any lot or parcel to be developed by the applicable lot coverage standard set forth for each land use district. (Example: 43,560 sq. ft. X 50% = 21,780 sq. ft. allowable lot coverage, & 21,780 sq. ft. open space.

(c) Splitting residential lots of record.

(1) Where a person owns 2 or more nonconforming contiguous lots of record which, when combined, meet the criteria of the current residential land use requirements, or where a person owns 2 or more nonconforming contiguous lots of record which have been improved & maintained as the residential premises of a single-family dwelling or a single-family dwelling residential plot, & which, when combined, meet the current residential land use requirements, the nonconforming lots may not thereafter be converted or redivided into nonconforming lots or sold as separate residential lots, if the lots as originally platted fail to comply with the current density & land use requirements of this land development regulation, with the following exceptions:

a. Mixed use districts are exempt from this requirement & any lots of record in a mixed use district may be divided & used for single-family dwelling lots provided they are a minimum of 40 feet wide.

b. If there are 2 or more existing single-family dwellings on the combined plot, the owner may divide the lots so each dwelling will have its own lot provided the director approves the resulting setbacks from the lot lines after such division.

(2) Use of single nonconforming lots of record where a lot of record was recorded in the official records of Bay County, Florida, prior to August 1981, & fails to meet the current requirements for lot area or lot width; the lot may be used as a single-family dwelling plot provided:

a. The current land use district designation allows single-family dwellings.

b. Water supply & sanitary sewer levels of service are maintained, & either:

1. The lot abuts a public street & has not less than 20 feet frontage.

2. The lot has a minimum width of 40 feet.

(3) Splitting or dividing of a conforming lot, whether or not platted, the use of which is restricted to a single-family dwelling or zoned Residential Low Density (RLD) & limited to a Category A-1 residential use, shall not be permitted.

(4) The provisions hereof shall apply to a replacement of the residential structure whether the existing residential structure is condemned, removed, destroyed, demolished, or lost to a casualty.

                                                                         (CPLDR 1993, § 4-6.8)

Sec. 104-41. - Waiver of density or intensity requirements.

(a) The city shall have the right to waive the density or intensity requirements of this Land Development Regulation in all districts under the following circumstances (a waiver may be given under either subsection (a)(1) or (a)(2), but not both):

(1) Protect & preserve environmentally sensitive resources in habitat, so long as the developer assures such lands will be preserved in an undeveloped state by conveying to the city either a conservation easement in perpetuity, or the fee simple interest in the land. The waiver shall not exceed the following limitations:

a. Residential: Increase one dwelling unit per acre for each one acre preserved, or to reduce minimum lot sizes as provided in sections 104-29(c)(10) & 104-30(c)(9).

b. Nonresidential: Increase 5% lot coverage for each one acre preserved, up to a maximum lot coverage of 50% in RLD districts & 75% in MU districts.

(2) Provide access to public waterfront by an access easement in perpetuity, or the fee simple interest to an access way of not less than 12 feet in width at a location where topographic, vegetative & other conditions are suitable to public use. A waiver for the above-described purpose shall be allocated as follows:

a. Residential: Increase 0.5 dwelling units per acre for each public access way conveyed, but not to exceed a maximum density pursuant to sections 104-29(c)(10) & 104-30(c)(9).

b. Nonresidential: Increase 10% lot coverage for each public access way conveyed, but not exceeding a maximum lot coverage pursuant to sections 104-29(c)(10) & 104-30(c)(9).

(3) Provide housing, including affordable housing, for the elderly, physically or mentally handicapped, & others requiring special needs, where such housing is dedicated to the city either by deed conveying the fee simple interest or by an enforceable development agreement. A waiver for this purpose shall be limited on an increase of one dwelling unit per acre for each 5 special housing units to a maximum of 6 dwelling units per acre in RLD districts & 25 dwelling units per acre in MU districts.

(4) Provide incentives for redevelopment in revitalization special treatment zones identified in section 104-66. A waiver for this purpose shall permit increases in the lot area & the lot width, as well as maximum intensity for RLD districts as set forth in section 104-29(c)(10) & shall provide the maximum density & intensity permitted in section 104-30(c)(9) in MU districts.                   ( CPLDR 1993, § 4-6.9)

Sec. 104-42. - Reserved.

 

ARTICLE IIA. - PLANNED UNIT DEVELOPMENT           (PUD)

Sec. 104-43. - Planned unit development (PUD).

(a) Purpose. The purpose & intent of a planned unit development (PUD) zoning district is to promote innovative & sustainable development. In order to achieve such purpose & intent, the PUD zoning district provides a regulatory vehicle for relief from the strict adherence to the requirements of the city’s land development regulations in exchange for development that provides substantial public benefits which justify such relief. Examples of public benefits include, but are not limited to, donation of land for public recreational areas, integration of affordable housing, utilization of “green” development practices, installation of underground utilities, provision of greenway corridors, & enhanced protection of habitat.

(b) Each PUD zoning district shall, at a minimum, achieve the following objectives:

(1) Promote sustainable development that utilizes innovative design features;

(2) Preserve & incorporate natural environments into the design of the development;

(3) Incorporate a multi-modal transportation system;

(4) Integrate different housing types that fulfill the housing needs of a diverse population of various income levels; &

(5) Provide for a functionally integrated, mixed use community.

(c) An applicant does not have an entitlement to PUD zoning. Rather, the decision to grant PUD zoning lies in the sole discretion of the city commission.                                              (Ord. No. 2395, § 1(exh. A), 8-24-2010)

Sec. 104-44. - Applicability.  A PUD zoning district shall be allowed only in the urban community & mixed use future land uses categories.                (Ord. No. 2395, § 1(exh. A), 8-24-2010)

Sec. 104-45. - Development standards.

(a) Compliance with the city’s comprehensive plan. Each PUD shall comply with all requirements of the future land use designation for the property proposed to be zoned PUD.

(b) Compliance with the city’s land development regulations. Each PUD shall comply with all provisions of the city’s land development regulations, except when the city commission expressly approves a deviation(s) from such provisions. Any deviation included in the PUD documents which the city commission does not expressly approve shall be deemed to be null & void.

(c) Permitted uses. A PUD may include any land use allowed in any zoning district provided such land use is consistent with the future land use category for the property.

(d) Density. The maximum density for residential uses is 20 dwelling units per acre. Property with an urban community future land use designation may exceed 20 dwelling units per acre if the PUD qualifies for density bonuses pursuant to subsection [104-41(l)].

(e) Intensity. The maximum intensity for nonresidential uses is a floor area ratio of 0.75. Property with an urban community future land use designation may exceed a floor area ratio of 0.75 when additional amenities are provided to benefit the public purpose & are approved by the city commission.

(f) Height. The maximum building height within the PUD shall be 100 feet above base flood elevation.

(g) Compatibility. All development proposed within the PUD shall be compatible with surrounding existing uses. Compatibility shall be determined in accordance with the requirements of section 104-38

(h) Natural features. All development proposed within the PUD shall minimize adverse impacts of development on the natural features & maximize the natural features as amenities for the development.

(i) Transportation network. The transportation network for each PUD shall comply with the following requirements:

(1) Traffic network. The PUD shall provide for the continuation of all existing highway, arterial, & [collector] roadway traffic. The transportation system shall connect to existing adjacent streets, pedestrian ways, & bicycle paths.

(2) Circulation. The transportation network within the PUD shall be designed to:

a. Provide safe & efficient flow of traffic;

b. Provide safe & effective access to land uses within the development & roadways adjacent to the development;

c. Accommodate future traffic circulation at established level of service standards, or mobility score (as applicable); &

d. Achieve interconnectivity among land uses.

(3) Access. Each unit or permitted use in the PUD shall have access to a public street directly or via an approved road, pedestrian way, court, or other area dedicated to public or private use, or a common element that guarantees such access.

(4) Parking, loading, & storage. Parking, loading, & storage within a PUD shall be designed to be functionally integrated into the development.

(5) Pedestrian/bicycle network. Each PUD shall include a unified pedestrian & bicycle circulation system.

(6) Street design. Specifications for street materials as set forth in the city ordinances shall serve as the minimum standards. Innovative & creative alternative designs for lane width, curbs, & drainage are encouraged in order to calm traffic, encourage non-vehicular transportation, & achieve design goals.

(j) Water/wastewater. Water, wastewater, & reuse lines for each PUD shall connect to existing public facilities. If there is not an existing public facility, the applicant shall construct an interim private utility which shall comply with applicable design standards. Utilization of the interim private utility shall cease once such public facility is extended to within 300 feet of the property.

(k) Open spaces & recreation areas. Each PUD shall include open spaces & recreation areas in order to provide appropriate recreational opportunities, protect sensitive natural areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, & achieve compatibility with surrounding land uses.

(l) Density bonuses. The following density bonuses may be afforded as part of the approval process for property with an urban community future land use designation, & shall be based upon a point system. For the purposes of this section, one density point equates to an additional 0.5 units to the acre. This bonus shall be applied over the base amount of 20 units to the acre allowable by right. The following categories qualify for density bonus points:

(1) Green way corridor. A green way corridor shall consist of green way segments that traverse the project site, & must be an average of 10 feet wide with a minimum width of 5 feet. The green way corridor shall be subject to a conservation easement that is dedicated to a governmental entity or a not-for-profit organization dedicated to the preservation of natural resources. The location of a green way corridor shall be clearly indicated on the master site plan. Density bonus points shall be awarded based upon a minimum of 2% area.

(2) Habitat protection/enhancement plan. A habitat protection/enhancement plan shall identify the habitat that will be protected &/or enhanced, & shall provide an analysis of the environmental value of such protected &/or enhanced habitat. Such habitat shall be subject to a conservation easement that is dedicated to a governmental entity or a not-for-profit organization dedicated to the preservation of natural resources. Density bonus points shall be awarded based upon the percentage of site protected &/or enhanced, connectivity to adjacent conservation areas, & improved quality of protected lands. One density bonus point may be awarded for each 10% of site protected &/or enhanced. One density bonus point may be awarded for each of the following items:

a. Connectivity to adjacent conservation areas; &

b. Improved quality of protected lands.

(3) Green buildings. Green buildings are buildings that have been certified by a third party such as the U.S. Green Building Council or the Florida Green Building Coalition as fulfilling certain energy & environmental design requirements. Density bonus points shall be awarded based upon on the level of certification (performance) with higher levels receiving more points. One density bonus point may be awarded for the lowest level of certification offered by a certifying body. One additional bonus point may be awarded for each additional level of certification offered by a certifying body. An applicant shall provide the appropriate documentation regarding the level of certification.

(4) Integration of affordable housing. Affordable housing is housing that fulfills the requirements of policy 3.1.1 of the comprehensive plan. Density bonus points for shall be awarded based upon the percentage of dwelling units that qualify as affordable housing. One density bonus point may be awarded for each 10% of affordable housing.

                                                (Ord. No. 2395, § 1(exh. A), 8-24-2010)

Sec. 104-46. - PUD application.

(a) An application for a rezoning to the PUD zoning district shall be submitted by only the owner of the property, a purchaser with written consent of the existing owner of the property, persons or entities having control of the property, or the authorized agent of one of the foregoing persons or entities.

(b) An application for a rezoning to the PUD zoning district shall include, at a minimum, the following:

(1) The names, addresses, & phone numbers of the owner, applicant, & representatives of the applicant.

(2) A legal description of the property, including total acreage.

(3) A document that demonstrates unified ownership or control of the property.

(4) A master site plan that demonstrates compliance with each of the development standards set forth in section 104-41 of this article, & which contains the following information:

a. General types & locations of proposed development including type of structures, lot sizes & setbacks, open space, conservation areas, transportation networks, & buffers;

b. A general transportation circulation plan; &

c. A description of uses including total number of dwelling units, total square footage of nonresidential uses, housing types, heights of buildings, & total amount of open space.

(5) A project narrative that demonstrates compliance with each of the development standards set forth in section 104-41 of this article.

(6) An analysis of the future land use categories & zoning districts for the properties surrounding the property proposed to be rezoned to PUD. Such analysis shall include the densities, intensities, & height limitations for each applicable future land use category & zoning district.

(7) An analysis of each requested deviation from the requirements of the City’s LDRs. Such analysis shall include:

a. A description of each requested deviation;

b. An explanation of the reason for the requested deviation; &

c. A comparison between the applicable requirement of the city’s land development regulations & the requested deviation.

(8) A list of the public benefits proposed in the PUD & an analysis which demonstrates that such proposed public benefits are sufficient to justify the requested deviation(s) from the city’s land development regulations.

(9) A list of all permits sought by &/or received by the applicant. Such list shall include:

a. The type of permit;

b. The applicable agency;

c. The contact person for the applicable agency; &

d. The status of the permitting process.

(10) An environmental assessment report which contains the following information:

a. A general estimate of the type & extent of upland habitat types;

b. A general estimate of the extent & configuration of areas expected to fall within the regulatory jurisdiction of the U.S. Army Corps of Engineers & the Northwest Florida Water Management District;

c. A description of the quality of the on site wetland habitats, if applicable;

d. A preliminary analysis regarding the presence of protected wildlife & plant species based on direct observation during a field investigation;

e. A preliminary mitigation analysis; &

f. An identification of special environmental designations on or within close proximity to the property.

(11) Any proposed development agreements & sureties as required.

(12) A proposed development schedule, including phasing if applicable.

(13) An analysis of the anticipated impacts of the proposed development, including:

a. Park space;

b. Potable water demand;

c. Wastewater demand;

d. Public school facility demand;

e. Stormwater facilities;

f. Transportation impacts; &

g. Solid waste demand by phase, if applicable.

(14) A written summary of the neighborhood meeting which includes the information mandated by subsection 104-43(b)(5).

(15) A written summary of requested density bonuses points with supporting documentation for such density bonus points.

(16) A natural resources assessment report that identifies the location of any significant historical & architectural resources, wildlife habitat (including endangered & threatened species), floodplains, wetlands, & other similar environmental features, as well as the method & manner of their protection. The natural resources assessment report shall identify land features that shall be preserved or used to minimize adverse impacts of development on the natural features & maximize the natural features as amenities for the development. If significant historical &/or architectural resources, wildlife habitat, or other significant features are found that have not been previously recorded on Florida’s Natural Site File, the applicant shall provide a copy of the natural resources assessment report to the Florida Dept. of State concurrently with the applicant’s submission of a PUD rezoning application.

During the review process, the city planning department may determine that additional information is necessary.

(c) The requirement to submit a master site plan shall not be construed as requiring detailed engineering or site plan drawings as part of the PUD rezoning application. Detailed engineering or site plan drawings will be required prior to issuance of a development order for any phase(s) of development.                                                (Ord. No. 2395, § 1(exh. A), 8-24-2010)

Sec. 104-47. - PUD review process.

(a) Pre-application conference. The applicant shall participate in at least one pre-application conference with the City Planning Dept. The requirements for the pre-application conference are as follows:

(1) The applicant shall request in writing one or more pre-application conference(s) with the city planning department. The applicant’s written request shall provide a brief description of the proposed PUD, including the location & number of acres proposed in the PUD.

(2) Within 5 business days, the city planning department shall provide a written response to the request for a pre-application conference, setting forth the date, time, & place of the meeting, & whether any other city, county, or state agency will be attending the conference.

(3) The pre-application conference may consist of more than one meeting. The initial meeting shall address:

a. The scale & scope of the proposed project;

b. The sustainability of the proposed project;

c. An evaluation of the methodology to be employed by the applicant & the city planning staff; &

d. The environmental advantages & constraints of the site.

The applicant & the city planning department shall discuss the applicable goals, objectives, & policies of the city’s comprehensive plan, the applicable requirements of the city’s land development regulations, & all other pertinent regulations.

(4) Upon completion of the pre-application stage of the PUD rezoning process, the applicant & the city planning department shall prepare a memorandum of understanding (MOU) which generally outlines the proposed PUD. Failure to identify any requirement or procedure at the pre-application conference or in the MOU shall not relieve the applicant from complying with such requirement or procedure, nor shall such failure constitute a waiver of such requirement or procedure. The information provided at the pre-application conference is intended to guide the applicant & shall not be binding upon the city or the applicant.

(5) No person shall rely upon any comment or expression of any nature concerning the proposed PUD at the pre-application conference(s) as a representation that the city will ultimately approve or deny the proposed PUD.

(b) The applicant shall conduct a neighborhood meeting within 60 days of the completion of the MOU. The purpose of the neighborhood meeting is to educate occupants & owners of nearby lands about the proposed PUD rezoning, receive comments, address concerns about the proposed PUD rezoning, & resolve conflicts & issues, where possible. The requirements for such neighborhood meeting are as follows:

(1) Time & place. The neighborhood meeting shall be held at a place that is generally accessible to neighbors that reside in close proximity to the land proposed to be rezoned. The meeting shall be scheduled to occur after 5:00 p.m. on a weekday.

(2) Notification. The applicant shall provide notification of the neighborhood meeting a minimum of 10 business days in advance of the meeting by placing notice in a newspaper of general circulation & by mailing notice to all owners of property located within 400 feet of the land proposed to be rezoned. The applicant shall obtain the list of such owners from the most recent version of the property owners of record provided by the county property owner. The applicant shall mail notice of the neighborhood meeting to the city manager. The notification shall state the time & place of the neighborhood meeting.

(3) Conduct of meetings. At the neighborhood meeting, the applicant shall explain the proposed PUD rezoning, inform attendees of the character & nature of the PUD review process, respond to comments & questions that the attendees may have regarding the application, & propose ways to resolve conflicts.

(4) Staff attendance. City staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of the city’s land development regulations, but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting.

(5) Written summary of neighborhood meeting. The applicant shall provide the city planning department with a written summary of the neighborhood meeting. The written summary shall include the following information:

a. A list of the individuals who attended the neighborhood meeting;

b. A summary of the issues addressed during the neighborhood meeting;

c. A summary of the comments provided by the individuals who attended the neighborhood meeting; &

d. Any other information the applicant deems appropriate.

(c) Application submission & sufficiency determination.

(1) After completion of the neighborhood meeting, the applicant may submit an application for a rezoning to the PUD zoning district. Such application shall contain all of the documents required pursuant to section 104-42 of this article.

(2) Within 30 days after receipt of an application for a rezoning to the PUD zoning district & the requisite filing fee, the city planning department shall determine whether the application is sufficient.

a. If the application is not sufficient, the city planning department shall provide written notice to the applicant specifying the deficiencies. The city planning department shall take no further action until the applicant remedies the deficiencies & provides all required application items.

b. If the application is sufficient, the city planning department shall notify the applicant in writing of the application’s sufficiency & that the application is ready for the public hearing process.

(d) Public hearing process.

(1) Local planning agency. After the city planning department determines that the application is sufficient, the city planning department shall prepare a staff report regarding the application’s compliance with the requirements of sections 104-39 through 104-43, & schedule a public hearing before the local planning agency. The local planning agency shall:

a. Determine whether the application complies with the requirements of sections 104-39 through 104-43

b. Determine whether the proposed public benefits are sufficient to justify the requested deviation(s) from the city’s land development regulations; &

c. Forward a recommendation to the city commission.

(2) City commission. The city commission shall:

a. Consider the application at 2 public hearings (a first & second reading);

b. Determine whether the application complies with the requirements of sections 104-39 thru 104-43

c. Determine whether the proposed public benefits are sufficient to justify the requested deviation(s) from the city’s land development regulations; &

d. Vote to approve, deny, or approve with conditions the application.

(e) Expiration. The master site plan for the PUD shall expire 2 years from the date of approval by the city commission unless the applicant obtains a development order from the city for the entire project or a portion of the project if phased. The master site plan for the PUD shall expire if the applicant fails to comply with the phasing schedule for the PUD. If the master site plan for the PUD expires, the applicant must reapply for a PUD rezoning & conform to the current requirements of the city’s land development regulations.

(f) Extension. An applicant may request a one-year extension of the expiration date, provided such request is filed with the city 45 days prior to the expiration date. The city commission shall review the PUD against the current regulations & conditions when considering whether to grant the request for an extension.

(g) Modifications. All modifications to the PUD, including the master site plan, must be reviewed by the local planning agency, & approved by the city commission with the same process & formality required for the initial approval of the PUD rezoning.

(h)  Issuance of development orders. City commission approval of an application for a rezoning to the PUD zoning district shall be required prior to or concurrent with the granting of any development order for a PUD project.        (Ord. No. 2395, § 1(exh. A), 8-24-2010)

Secs. 104-48—104-60. - Reserved.

 

ARTICLE III. - SPECIAL TREATMENT ZONES

Sec. 104-61. - Purpose. In addition to the land use districts established in section 104-3, special treatment zones shall be depicted on the future land use map. These zones are for areas which, by the nature of their environmental, economic, social, cultural, historic, or blighted conditions, deserve special consideration.                            (CPLDR 1993, § 4-7.1)

Sec. 104-62. - Applicability.  All applicable provisions of this Land Development Regulation shall apply in all special treatment zones, as well as those in this article.  (CPLDR 1993, § 4-7.2)

Sec. 104-63. - Conservation special treatment zones (CSTZ).

(a) Designated conservation special treatment zones include the following:

(1) Flood zones. Flood zones shown on flood insurance rate map(s), Community Panel Numbers 120012 0005 D & 120012 0010 D;

(2) Potential wetlands. Wetlands shown on the national wetlands inventory map for Panama City as published by the U.S. Fish & Wildlife Service;

(3) Marine resources. Bodies of water including estuarine water bodies, estuarine shoreline & seagrass beds as shown on the national wetlands inventory map for Panama City published by the U.S. Fish & Wildlife Service;

(4) Wildlife habitat. Includes Audubon Island & other areas which provide habitat for endangered or threatened species as specified in the “Official Lists of Endangered Fauna & Flora in Florida” published by the Florida Game & Freshwater Fish Commission.

(b) All development undertaken in a conservation special treatment zone shall comply with the environmental protection standards set forth in chapter 105, article III.           (CPLDR 1993, § 4-7.3(1))

Sec. 104-64. - Historic special treatment zone (HSTZ).

(a) The Panama City Historic Site Survey, 1987, shall be used to identify properties subject to the historic preservation requirements of this section. The Secretary of the Interior’s Standards for Rehabilitation & Guidelines for Rehabilitating Historic Buildings, as it may be amended from time to time, shall be used to determine the need for historic preservation & as a guideline for the rehabilitation of historic structures.

(b) All development or redevelopment in HSTZ shall be evaluated as to its potential impact on historic resources, & shall be subject to review & approval of the planning board.

(c) Incentives may be granted to developers for restoration or rehabilitation of properties identified in the Panama City Historic Site Survey with approval of the city manager.   (CPLDR 1993, § 4-7.3(2))

Sec. 104-65. - Community redevelopment areas.

(a)  The purpose of the community redevelopment agency is to provide for the development or redevelopment of designated CRA districts in accordance with the plans, visions, guidelines, or other regulatory documents that pertain to the particular CRA district.

(b)  Development or redevelopment within the CRA districts shall comply with the corresponding CRA plans as may be amended from time to time. Site plans or design plans for development or redevelopment undertaken in any designated CRA district with adopted design guidelines, regulations, or plans shall be reviewed & approved by the CRA board or its designated committee, prior to development orders being issued by any city agency or department.

(c)  Development incentives set forth below in subsection 104-66(b) may also be granted in any CRA district upon approval by the community redevelopment agency & the city.

                  (CPLDR 1993, § 4-7.3(3); Ord. No. 2331, § 1, 11-25-2008)

Editor’s note— Ord. No. 2331, § 1, adopted Nov. 25, 2008, changed the title of 104-65 from Downtown improvement/St. Andrews improvement special treatment zone (D/SAISTZ) to community redevelopment areas.

Sec. 104-66. - Revitalization of CRA districts.

(a) Purpose. The CRAs include areas, as identified on the future land use map & zoning map which, by the nature of their physical attributes, transitional or blighted conditions, or other associated circumstances, are considered target areas for redevelopment or revitalization efforts.

(b) Incentives.

(1) Incentives for development in the CRAs may be granted by the planning board prior to issuance of a development order & subject to the approval of the city manager. Redevelopment incentives will be funded by the CRA & may include:

a. Waiver of density or intensity requirements pursuant to 104-36, as allowed by the comprehensive plan.

b. Waiver or reduction of impact fees, tap-on fees, reconnection fees or development review fees depending on the size & nature of the development.

(2) Incentives for new development shall be made available only for level 3 large-scale development activities, except for programs or activities available through the community development department for affordable housing.

(3) Developers of property within the CRA districts shall include any request for incentives in their application for development approval.

(4) To qualify for development or redevelopment incentives, the CRA board or reviewing department must determine that the proposed development will accomplish at least 5 of the following:

a. Reduce or eliminate areas where slum or blighted conditions occur;

b. Substantially improve the aesthetics or general appearance of the area;

c. Improve existing, vacant commercial or light industrial structures for occupancy, as allowable within each land use district;

d. Increase ad valorem tax revenues by increasing assessed value, or removing existing exemptions;

e. Provide a stimulus or an “anchor” which will promote further redevelopment of adjacent or surrounding areas within the CRA district;

f. Be compatible with abutting land uses or land use districts which are not included in the CRA district;

g. Promote a public purpose or otherwise further the public interest; &

h. Maintain all adopted level of service standards.

                  (CPLDR 1993, § 4-7.3(4); Ord. No. 2331, § 1, 11-25-2008)

Editor’s note— Ord. No. 2331, § 1, adopted Nov. 25, 2008, changed the title of 104-66 from revitalization special treatment zones (RSTZ) to revitalization of CRA districts.

Sec. 104-67. - St. Andrews historic neighborhood overlay.

(a) Purpose. The purpose of this ordinance is to encourage a compatible revitalization & redevelopment of properties in the St. Andrews historic district through development of vacant parcels & the redevelopment of existing properties. To accomplish this purpose, the city may reduce the minimum lot size to no less than 5,000 square feet & front & rear setback requirements to no less than 12.5 feet based upon a finding that the underlying land use regulations would result in the construction of structures not in keeping with the scale & character of the existing structures within the district. The reductions granted in favor of an applicant for specific design proposals shall not be subject to transfer without prior approval of the city commission.

(b) District defined. Application: The St. Andrews historic neighborhood is defined as those parcels depicted on the St. Andrews historic neighborhood overlay map located south of Highway 98 & north of St. Andrews Bay, between Liddon & Frankford Avenues on file in the Office of the City Clerk, which is by reference made a part hereof.

(c) Modifications to minimum requirements.

(1) Variance. Minimum lot area & setback requirements. Upon the approval of the St. Andrews Waterfront Partnership & the city planning board, the city commission may modify the minimum lot area & setback requirements hereof.

(2) Minimum criteria. The St. Andrews historic neighborhood overlay design standards on file in the office of the city clerk are incorporated by reference into this Code. All modifications must conform to the referenced Standards & be consistent with the following criteria:

a. Walls shall be constructed of materials that match the area’s historic materials in composition, size, shape, color, pattern & texture.

b. Foundations shall be designed to retain the neighborhood’s relationship between the height of the foundation & the exterior framing.

c. Windows & doors shall have substantial conformity to the building’s historic character.

d. The structure shall conform to the character of the neighborhood & not overshadow existing structures in form or design.

(d) Declaration of variance. Properties granted a variance will be evidenced by a declaration filed in the official records of Bay County, Florida. The variance, however, is subject to the construction of improvements upon which the variance was granted. Should the owner of the property fail to comply with the conditions of the variance, the zoning classification of the property that applied to the property before its inclusion in the historical district shall apply to property on which the variance was granted.

                                                          (Ord. No. 2219, § 1, 11-14-2006)

Sec. 104-68    Naval Support Activity (NSA) Panama City Military Influence Overlay District (MIOD

(a) Purpose. The Military Influence Overlay District (MIOD) is established to ensure that the Naval Support Activity (NSA) Panama City remains viable & able to fulfill their mission.

(b) District defined. The NSA Panama City MIOD Boundary is identified as those portions within the Incorporated City of Panama City boundary as shown in the Comprehensive Plan on Map 2.   The NSA Panama City MIOD boundary consists of the NSA Panama City Land Use/Water Interface Military Influence Area & the NSA Panama City Frequency Military Influence Area located within the Incorporated City of Panama City. 

(c) Joint Review. All development applications within the NSA Panama City MIOD which, if approved, would affect the intensity, density, or use of land shall be jointly reviewed by the Panama City Planning & Land Use Department & NSA Panama City prior to final action.

(1) Within 10 working days of receipt of the application comments & accompanying data & analysis from the commanding officer or his designee must be provided to the City in writing & will be considered as part of the review process. Comments regarding comprehensive plan amendments shall be forwarded to the state land planning agency.

(2) Comments may assess the following criteria:

i. Whether the proposal is compatible with the Joint Land Use Study adopted in October 2009;

ii. Whether NSA Panama City’s mission or operations will be adversely affected by the proposal;

iii. Whether the proposal will have an effect on the economic vitality of the installation; and/or

iv. Whether any mitigation efforts could be made to reduce or eliminate any adverse impact of the proposal to the installation or its operation(s).

Sec. 104-69. - Tourist Corridor Overlay District (TOC)—Standards

(a)    Purpose. The purpose of the Tourist Corridor Overlay District (TOC) is to promote the general health, safety and welfare of the community; to create a sense of place that is aesthetically appealing for those traveling through the city; to encourage innovative development projects that set standards for landscaping, community design and aesthetics; to establish consistent and harmonious design standards for public improvements and private property development along Highway 98 and parts of Harrison Avenue so as to unify the distinctive visual quality of the Corridor.

(b)   District defined. The TOC District applies to land parcels of record within the city having frontage along U.S. Highway 98 (also known as 15th Street) from the Bay Line Railroad Tracks at Port Panama City to Highway 77; then along Harrison Avenue from Highway 98 south to 8th Street.

(c)    Entryways:

(1)    At least one public entrance shall be located facing Highway 98 or Harrison Avenue and connected by a pedestrian sidewalk. Such entrance may be to tenant spaces other than the primary tenant.

(d)   Facades:

(1)    To improve the view from Highway 98 or Harrison Avenue, large undifferentiated wall planes shall be avoided.

(2)    Building facades visible from Highway 98 or Harrison Avenue shall be articulated with recesses and projections. See Attached Figure 104A. Recesses and projections shall be a minimum of six inches in depth and a minimum of three feet long within each 100 feet of facade length.

(3)    Building facades facing Highway 98 or Harrison Avenue shall include a minimum of three of the following design elements along no less than 60 percent of their length:

a.    Arcade;

b.    Awnings/shutters/canopies, located over or next to doors or windows;

c.    Clock, bell tower, or cupola;

d.    Decorative light fixtures;

e.    Decorative landscape planters or window flower boxes containing flowers and landscaping;

f.     Raised cornice parapets over the doors;

g.    Medallions;

h.    Clear glass display window(s) that cover at least 20 percent of one facade or 30 percent of two facades;

i.     Overhanging eaves extending out from the wall at least three feet with a minimum eight inch fascia; and

j.     Architectural details other than those listed above, which are integrated into the building and overall design, such as artwork, decorative tile work, or decorative columns/pilasters.

(4)    All building facades visible from Highway 98 or Harrison Avenue shall include a minimum of two (2) of above design elements listed in section 104-69(d)(3) [above] along no less than 40 percent of their length.

(5)    At least 75 percent of all visible walls and roofs shall be made of wood, brick, non-mirrored glass, terracotta, stucco over masonry, textured concrete block, roof tiles or shingles, architectural concrete panels, or noncorrosive standing-seam metal roof or similar materials.

(e)    Roof treatment:

(1)    Variations in roof lines shall be used to add interest and reduce the massing of buildings. Roof features shall be in scale with building mass.

(2)    At a minimum of two locations the roof edge or parapet shall have a vertical change of a minimum of three feet from the dominant roof design. At least one such change shall be located on the facade facing Highway 98 or Harrison Avenue.

(f)    Access management:

(1)    New curb cuts shall be minimized. New developments shall provide vehicular access to adjacent vacant parcels, and if possible to developed parcels, by means of connected parking lots, shared driveways, cross-access easements, or other inter-parcel connections.

(2)    Stub-outs and other design features shall be provided that make it visually obvious that the abutting properties are accessible through cross-access points.

(3)    Siting of buildings shall take into consideration the relationship of the site to adjacent buildings and internal street systems and driving aisles to promote interconnectivity between adjacent land uses. Separation of buildings by internal streets or driving aisles may be required to promote connectivity and promote pedestrian orientation.

(g)   Prohibited uses:

(1)    The following uses are prohibited in the TOC district:

a.    Sale of mobile/manufactured homes;

b.    Flea markets; bazaars, yard sales, or similar sales;

c.    Any business commonly known as "check cashing," or any business which, as a material part of its services, provides future employment wages or other compensation (often known as "payday loans," or "payday advances");

d.    Dating services, escort services, valet services;

e.    Pawnshops, as defined by F.S. § 648.25(1);

f.     Bail bond agencies, as defined by F.S. § 648.25(1);

g.    Palm readers, fortune tellers, tarot card readers, psychics, and similar businesses;

h.    Bottle clubs;

i.     Any business which, as a material part of its services, provides loans secured by vehicle titles (often known as "car—title loans");

j.     Impound yards; automobile wrecking; recycling yards; and similar uses;

k.    Recreational vehicle (RV) sales, storage, repair;

l.     Stand-alone car wash facilities;

m.   Mobile home parks;

n.    Heavy equipment sales, service, and storage;

o.    Self-service storage facilities;

p.    Dispatch office and vehicle fleet parking, storage and maintenance;

q.    Labor pools;

r.     Adult entertainment;

s.    Manufacturing of chemical products;

t.     Contractor storage or salvage yard;

u.    Towing service and

v.    Window tinting.

(h)    Transit facilities:

(1)    Developments greater than 100,000 square feet shall designate a minimum 100 square foot area on the site plan as a transit stop if requested by the Bay Town Trolley.

(i)     Signs:

(1)    All on-premises signs which have been abandoned or prohibited by the city shall be removed within 30 days of notice.

(2)    Free standing ground monument signs are the preferred choice of signs along the corridor. The maximum height shall be 18 feet.

(j)     Lighting:

(1)    Lighting should be from concealed sources (i.e., the light source or bulb itself is not visible) and be of a kind that does not distort colors.

(2)    Lighting should be of a downcast directional or cut-off type capable of shielding the light source from direct view and providing well-defined lighting patterns. Exceptions may be permitted for lower voltage accent lighting such as traditional coach lights.

(3)    Outdoor lighting must not spill over onto adjoining properties, buffers, highways, nor impair the vision of motor vehicle operators.

(k)    Outdoor storage:

(1)    All outside storage, service areas, refuse removal areas, loading areas or displays of goods shall be screened from the view of all public rights-of-way.

(l)     Fences and walls:

(1)    No fences or walls should be located in the front and/or corner side yard unless they are of a decorative nature and approved for use by the Planning Department.

(2)    New freestanding or retaining walls must be made of stone, brick, or similar materials.

(m)   Accessory structures:

(1)    Accessory structure(s) should be of a style, color, and materials consistent with the main structure(s).

(2)    Dish or satellite antennas should not be visible from a public or private street.

(n)    Seasonal sales:

(1)    Seasonal sales items shall not occupy any required parking spaces, parking lot aisles, or required landscaping buffers or areas.

Figure 104A

(Ord. No. 2555, § 1(Exh. A), 4-28-2015



Secs. 104-70—104-90. - Reserved.


 

ARTICLE IV. - ACCESSORY USES [57]

(57) Editor’s note— Ord. No. 2386, § 1(Exh. A), adopted May 11, 2010 deleted the former Art. IV, §§ 104-91—104-95, & enacted a new Art. IV as set out herein. The former Art. IV pertained to accessory land uses & derived from CPLDR 1993, §§ 4-8.1—4.8.5.

Sec. 104-91. - Purpose. This article is intended to regulate the type, location, configuration & conduct of accessory uses to ensure that such uses are not physically or aesthetically harmful to residents of surrounding areas.

                             (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-92. - Accessory apartments (granny flat or domestic quarters).

(a) Intent. Accessory apartments provide alternate housing for elderly persons, & living quarters for housekeeping or maintenance service persons on-premises. While providing for these benefits, this section is also intended to protect the residential character of neighborhoods where accessory apartments are located.

(b) Standards. Accessory apartments may be allowed in zoning districts that allow for residential uses provided that all of the following requirements shall be met:

(1) No more than one accessory apartment shall be permitted on any residential lot.

(2) Mobile homes shall not be used as an accessory apartment.

(3) The accessory apartment shall be located & designed in such a manner so that it will not interfere with the appearance of the principal structure as a single-family dwelling unit, to include limitations on the size of the accessory structure. The accessory dwelling unit cannot exceed 50 % of the primary structure’s habitable square footage in size.

(4) No variations, adjustments, or waivers to the requirements of this Land Development Regulation shall be permitted in order to accommodate an accessory apartment.          (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-93. - Home occupations & home offices of convenience—Generally.  A home occupation & a home office of convenience shall be allowed in a bona fide dwelling unit subject to the following conditions:

(a) No person other than members of the family residing on the premises shall be engaged in such occupation or business activity.

(b) The use of the premises for a home occupation or home office shall be clearly incidental & subordinate to its use as a residence, & shall not alter the residential character of the structure.

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the existence of a home occupation or home office.

(d) No home occupation shall occupy more than 25% of the first-floor area of the dwelling. No accessory building, freestanding or attached, shall be used for a home occupation.

(e) No home office or home occupation shall generate an increase in vehicular traffic volume above that normally expected in a residential neighborhood, & any vehicular parking shall be off the street.

(f) No equipment, tools, or process shall be used in a home occupation which would interfere with the use or enjoyment of neighboring properties because of noise, vibration, glare, fumes, odors, or electrical disturbance. In the case of electrical disturbance, no equipment or process shall cause visual or audible interference in any radio, telephones, or television receivers or fluctuations of in-line voltage off the premises.

(g) Outdoor storage of materials is prohibited.

(h) A home occupation & a home office shall be subject to all appropriate city occupation licensing requirements, fees, & other business taxes.

(i) Retail sales & the routine delivery of parcels is prohibited.

(j) Home office business activities shall be limited to that conducted by phone or mail.

(k) A home occupation does not include the following:

(1) Beauty shops & barbershops having more than one chair;

(2) Studios for group instruction;

(3) Public dining or tearoom facilities;

(4) Antique or gift shops;

(5) Outdoor repair shops;

(6) Food processing;

(7) Nursery schools, kindergartens, or child day care centers; &

(8) Construction/building activities.

(l) A home occupation shall include the fabrication of “arts & handicrafts” provided no retail sales are made at the dwelling, & shall include only individual instruction.         (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-94. - Home occupations & home offices of convenience—Utilities.  Any structure in which a home occupation or a home office of convenience is allowed shall be considered nonresidential for purposes of utility billing pursuant to chapter [23] of this Code.      (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-95. - Recreation & community centers, dining rooms & other amenities. Residential & nonresidential development projects may provide meeting centers, recreational & fitness facilities, snack shops, & central dining halls or cafeterias provided:

(a) Such facilities shall be provided for the exclusive use of employees or residents of the project, & shall not be open to the general public.

(b) Only directional signs on-premises shall identify the facilities & no off-site signs or advertisement of the facility shall be permitted.

(c) Parking for such facilities shall be provided according to section 105-181 of this Code.

                                       (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Secs. 104-96—104-118. - Reserved.

 ARTICLE V. - ACCESSORY STRUCTURES [58]

(58) Editor’s note— Ord. No. 2386, § 1(Exh. A), adopted May 11, 2010 deleted the former Art. V, §§ 104-119—104-125, & enacted a new Art. V as set out herein. The former Art. V pertained to accessory structures & derived from CPLDR 1993, §§ 4.9.1—4-9.7; Ord. No. 2188, §§ 1, 2, 5-9-2006; Ord. No. 2331, § 1, 11-25-2008.

Sec. 104-119. - Generally.  It is the purpose of this section to regulate the type, installation, configuration, & use of accessory structures in order to ensure that they are not harmful either aesthetically or physically to residents in the surrounding areas.

(a) General standards & requirements. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

(1) There shall be an authorized principal development on the parcel. Deleting language for the reason that if the existing development were not conforming due to setbacks, height, etc., an accessory structure would not be allowable.

(2) All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Land Development Regulation.

(3) Accessory structures shall not be located in a required buffer or landscape area.

(4) Accessory structures shall be included in all calculations of impervious surface & stormwater runoff, floor area ratio (for commercial uses only), density, & in & any other site design requirements applicable to the principal use of the lot.

(5) Accessory structures may be subject to development review & shall require a site development plan & attendant documentation as required by chapter 102 of this Code, as applicable.

(6) Accessory structures shall be allowed only on side or rear yards, unless otherwise specified herein.

(7) No accessory structure shall be used for industrial storage of hazardous, incendiary, noxious, or pernicious materials.                  (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-120. - Storage buildings, shops, utility buildings, greenhouses, garages, carports, & accessory buildings.

(a) Storage buildings, shops, utility buildings, greenhouses, garages, carports, & other accessory structures shall not be located closer than 3 feet from any abutting interior property line or seven feet from the right-of-way line of any street, roadway or alley.

(b) Motor vehicles, mobile homes, trailers or recreational vehicles shall not be used as storage buildings, utility buildings, or other like uses.     (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-121. - Private swimming pools.

(a) Unenclosed swimming pools. Unenclosed swimming pools, whether attached or unattached to the principal structure’s foundation, shall be constructed with a minimum rear setback of 5 feet & minimum side setback of 5 feet. The measurement shall be from the outermost edge of the pool deck to the property line.

(b) Location & proximity of power lines. No overhead electric power lines shall pass over any pool unless enclosed in conduit & rigidly supported; nor shall any power line be nearer than ten feet above or around the pool’s water edge.

(c) Enclosed swimming pools.

(1) Enclosed swimming pools shall be considered a part of the principal structure if attached to the principal structure with an enclosure having a permanent, impervious roof & capable of being converted at a later date to an actual room by the addition of solid walls. In such case, the enclosed pool shall comply with applicable building location requirements, setbacks, intensity & other development requirements of [this] Code.

(2) Enclosed swimming pools with a transparent, screened enclosure & screened, pervious roof, whether or not attached to the principal structure shall have a minimum rear setback of 15 feet & a minimum side setback of seven feet. The measurement shall be from the outermost edge of the pool deck or enclosure foundation to the property line.

(d) Conflicting provisions. The setback requirements established herein for swimming pools & their enclosures shall supersede any conflicting requirements established elsewhere for accessory buildings, & such conflicting provisions are hereby amended to the requirements set forth herein.     (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-122. - Fences.

(a) Fences or hedges may be located in the front setback areas, as well as the side & rear yard setback areas. No fences or hedges shall exceed four feet in height from aggregate grade when placed in the front yard of residential land use districts or on property used for residential purposes. A fence located in the side & rear yard setbacks shall not exceed eight feet in height from aggregate grade.

(b) No fence shall block the sight distance of motor vehicles on the adjacent roadways or exit points.

(c) Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way.

(d) No fence or hedge shall interfere with drainage on the site, unless such structure is designed for stormwater management. Gates or removable fences may be required for access to city drainage easements.

(e) No fence, wall or similar structure shall be located in or upon any body of water or submerged lands, nor restrict public access to or along any estuarine shoreline.

(f) Fences in front yard areas for commercial or industrial uses shall not exceed four feet in height within 10 feet of the front property line. The planning official may allow fences of total visual screening to be erected closer to the front property line upon written request to shield objectionable aesthetic views or nuisances from the public with a reduced landscape buffer. Otherwise, landscaping shall be provided consistent with this Land Development Regulation for off-street parking areas in the 10-foot front setback area.            (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-123. - Decks, patios.

(a)  Any enclosure of a deck or patio shall be subject to the development review & site plan requirements as specified in chapter 102 of this Code.

(b)  If the deck or patio is attached to the principal structure, all setbacks for principal structures shall apply; if attached to an accessory building, all setbacks for accessory buildings shall apply.            (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-124. - Satellite dishes/antennae.

(a) Satellite dishes shall be permitted in side & rear yards only, & may be located on rooftops only upon proof of the suitability of the supporting structure by the property owner to the planning official.

(b) Satellite dish antennas & other antennas shall be installed according to the building official & according to manufacturer’s specifications & any other applicable regulations.

(c) Satellite dishes shall be maintained clear of all nearby electric lines.

(d) The satellite dish or antenna shall be of a nonreflective surface material & shall be made, to the extent possible, in such manner to conform & blend with the surrounding area & structures.

(e) No advertising or signage of any type shall appear on the antenna.

(f) No satellite dish or antenna shall be used for any commercial purposes & shall service the principal structure only.

(g) Satellite dish & antenna installation shall be limited to one installation per lot or dwelling.

(h) The requirements of this section shall not be applicable in zoning districts that allow for commercial or industrial uses.(Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Sec. 104-125. - Docks & boat structures.  To better protect the natural resource of the city’s shoreline & provide standards for water-dependent structures in areas that allow for residential development, docks & boat structures shall be permitted in all zoning districts that allow for residential development provided:

(a) The structure(s) receives a development order from the city & meets the requirements of this section.

(b) The dock structure is solely ancillary to use of the upland residence contiguous to the body of water over which the structure is built & shall not allow for more than 2 boat slips per lot or one & one-half per dwelling for common docks.

(c) The homeowner’s construction plans shall include a stamped & sealed survey indicating the required setback to adjoining riparian rights lines & meeting all of the following requirements:

(1) The structure shall not include any enclosed building with walls or doors for living quarters except for the sole storage of recreational equipment & supplies.

(2) The structure shall only be used for recreational, noncommercial activities, including a prohibition of the mooring of commercial vessels.

(3) There shall be no dredging except for that which is necessary to install pilings.

(4) The dock structure shall not impede the flow of water, nor navigation.

(5) Placement of a dock on property with at least 65 feet of shoreline shall be as follows:

1. Docks with access walkways shall be set back no less than 25 feet from any property line perpendicular to the water body.

2. Docks without access walkways shall be set back no less than ten feet from any property line perpendicular to the water body.

(6) Placement of a dock on property with less than 65 feet of shoreline shall be equally centered between the property lines perpendicular to the water body.

(7) Placement of the dock in the water area shall comply with the following:

1. The access portion of the dock shall not exceed a width of 4 feet;

2. Extension of the dock into the watercourse shall not be any longer than necessary to reach a maximum water depth of 4 feet below mean low water (low tide) or 25 feet, whichever is greater. However, the dock shall not extend further than 20% of the width of the waterbody regardless.

3. No portion of the dock shall be less than 5 feet from the riparian property line except for a shared dock. Common docks must meet all requirements of this section.

(d) The structure complies with the permitting requirements of all other governmental agencies having jurisdiction over the project. Evidence of an exemption from such compliance must be furnished by the homeowner before approval shall be granted.

(e) The use of the structure shall be limited to the mooring or docking of private recreational vessels only.

(f) For situations where the owners of adjacent properties have determined that a shared dock is preferable, the property owners shall comply with all above requirements, except that the dock may lie on the shared property line. A shared dock is subject to the following requirements:

(1) An attendant & private access easement shall be established to the owners on each property, & shall be presented to the city at the time of application.

(2) Any shared dock shall gain prior approval from all outside agencies & jurisdictions, as applicable, prior to the issuance of a development order by the city.

(3) A shared dock must include a notarized application request from all property owners involved.

[g] All other dock or boat structures shall require city commission approval.    (Ord. No. 2386, § 1(Exh. A), adpt. 5-11-2010)

Secs. 104-126—104-148. - Reserved.

 

ARTICLE VI. - COMMUNICATIONS CELL SITES & ANTENNAS

 

DIVISION 1. - GENERALLY

Sec. 104-149. - Purpose.

(a) The purpose of this article is to establish general guidelines for the siting of wireless communications cell sites & antennas. The goals of this article are to:

(1) Protect residential areas & land uses from potential adverse impacts of cell sites & antennas;

(2) Encourage the location of cell sites in nonresidential areas;

(3) Minimize the total number of cell sites throughout the community;

(4) Strongly encourage the joint use of new & existing cell sites as a primary option rather than construction of additional single-use cell sites;

(5) Encourage users of cell sites & antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimized;

(6) Encourage users of cell sites & antennas to configure them in a way that minimizes the adverse visual impact of the cell sites & antennas through careful design, siting, landscape screening, & innovative camouflaging techniques;

7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, & efficiently;

(8) Consider the public health & safety of communication cell sites; &,

(9) Avoid potential damage to adjacent properties from cell site failure through engineering & careful siting of cell site structures.

(b) In furtherance of these goals, the city shall give due consideration to the city’s comprehensive plan, zoning map, existing land uses, & environmentally sensitive areas in approving sites for the location of cell sites & antennas.                        (CPLDR 1993, § 4-10.1)

Sec. 104-150. - Definitions.  As used in this article, the following terms shall have the meanings set forth below:

Alternative support structure means man-made structures, except cell sites, including, but not limited to buildings, power poles, trees, clock towers, bell steeples, light poles, water towers & similar alternative-design mounting structures which allow for attachment of antennas that camouflage or conceal the presence of antennas.

Antenna means any exterior transmitting or receiving device mounted on a cell site, building or structure & used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. The types include:

(1) Dish or parabolic which is used for point-to-point communications.

(2) Dual-polarized (or cross-polarized) which eliminates the “top-hat” configuration of panel antennas by keeping the thin antennas very close to the mount.

(3) Panel which is a sectorized antenna unit (pointed in 3 directions) commonly used in cellular & PCS systems & which can resemble plastic or glass light casings, such as seen on street lights, standing on their ends. Panel antennas are getting smaller, some appearing like fluorescent lights standing on their ends.

(4) “Whip” which is an omni-directional antenna that is a very thin element pointing up or down from its mount.

Backhaul network means the lines that connect a providers cell sites to one or more cellular telephone switching office, &/or long distance providers, or the public switch telephone network.

Camouflaged means a structure designed to support one or more antenna but designed to unobtrusively blend into the existing surroundings, disguised so as to not have the appearance of a cell site. Such cell site shall be consistent in size & scale with the type of object it is designed to resemble. Where the reviewing authority has the option of varying setback requirements if the cell site can be integrated into existing or proposed structures, the test for interpreting whether a cell site is integrated should be whether the cell site truly resembles the structure in question, not whether it functions exactly like the structure in question (for example, a cell site mount designed to look like the light standards existing on a site, but without any light fixture attached).

Cell site means any mount, structure or tower, greater than 15 feet in height, that is designed & constructed primarily for the purpose of supporting one or more antennas for telephone, radio & similar communication purposes, including self-supporting lattice cell sites, guyed cell sites, or monopole cell sites. The term includes radio & television transmission cell sites, microwave cell sites, common-carrier cell sites, cellular telephone cell sites, alternative tower structures, & the like. The term includes the structure & any support thereto.

Commission means the mayor & city commission of the city.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Guyed cell site means a communication mount that is supported, in whole or in part, by guy wires & ground anchors.

Height means, when referring to a cell site or other structure, the distance measured from the finished grade of the parcel to the highest point on the cell site or other structure, including the base pad & any antenna.

Manager means the city manager of the city or his designee.

Monopole cell site means a communication cell site consisting of a single pole, constructed without guy wires & ground anchors.

Mounts are the structures or surface upon which antennas are mounted. There are 4 types:

(1) Ground-mounted, which are mounted on the ground, i.e.:

a. Guyed tower, which is a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

b. Lattice tower, which is a type of mount that is self-supporting with multiple legs & cross-bracing of structural steel.

c. Mast, which is a thin pole that resembles a light standard or a telephone pole. The dual-polarized (or cross-polarized) antenna is usually deployed on a mast.

d. Monopole, which is a thicker mount than a mast that is self-supporting with a single shaft of wood, steel or concrete. A monopole is generally structurally acceptable up to 200 feet in height AGL (above ground level), above which its structural integrity is challenged by wind & deflection.

(2) Roof-mounted which are mounted on the roof of a building.

(3) Side-mounted which are mounted on the side of a building.

(4) Structure-mounted which are mounted on a structure other than a building.

Macrocell are usually used in remote areas where they may have their own power source from diesel or propane power supplies.

Microcell are the smaller, shorter cell sites used to serve smaller areas & often located within right-of-ways.

Preexisting cell sites & preexisting antennas means any cell site or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this article is derived, including permitted cell sites or antennas that have not yet been constructed so long as such approval is current & not expired.                                          (CPLDR 1993, § 4-10.2)

Sec. 104-151. - Applicability & exceptions.

(a) Cell sites & antennas.

(1) New: All new cell sites or antennas in the city shall be subject to these regulations, except as provided in this section.

(2) Existing: Any cell site which existed & was maintained in good order on the effective date of the ordinance from which this article is derived, & which does not conform to the provisions of this article, is declared nonconforming. Such nonconforming cell sites may be legally maintained & continued in use notwithstanding that it does not conform with the regulations contained herein.

(b) Amateur radio station operators/receive only antennas. This article shall not govern any cell site, or the installation of any antenna, that is under 70 feet in height & is owned & operated by a federally-licensed amateur radio station operator or is used exclusively for “receive only” antennas.

(c) Expansion, modification or extension of preexisting cell sites or antennas. Other than the requirements of the FCC & applicable building & safety codes, preexisting cell sites & preexisting antennas shall not be required to meet the requirements of this article, unless they are expanded or extended in height or otherwise modified in outer dimensions, in which case said modifications must be made in compliance with this article.

(d) AM array. For purposes of implementing this article, an AM array, consisting of one or more cell site units & supporting ground system which functions as one AM broadcasting antenna, shall be considered one cell site. Measurements for setbacks & separation distances shall be measured from the outer perimeter of the cell sites included in the AM array.

(e) Direct broadcast, etc. Antennas which receive direct broadcast satellite service, video programming services via multipoint distribution services which are one meter or less in diameter in residential zones & 3 meters or less in diameter in nonresidential zones shall not be required to meet the requirements of this article.

(f) Customer premises equipment. Telecommunication equipment on the premises of a telecommunication customer for the use of the occupants of the premises are not subject to the requirements of this article.

(g) Mobile stations. Equipment which is not fixed & ordinarily moves, such as the end user’s equipment, e.g., wireless telephone, is not subject to the requirements of this article.                       (CPLDR 1993, § 4-10.3)

Sec. 104-152. - Nonconforming uses.

(a) No expansion of nonconforming use. Cell sites that are constructed, & antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b) Preexisting cell sites. Preexisting cell sites shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new cell site of like construction & height) shall be permitted on such preexisting cell sites. New construction other than routine maintenance on a preexisting cell site shall comply with the requirements of this article.

(c) Rebuilding damaged or destroyed nonconforming cell sites or antennas. Notwithstanding section 104-154, bona fide nonconforming cell sites or antennas that are damaged or destroyed less than 50% may be rebuilt without having to first obtain administrative approval or a special use permit & without having to meet the separation requirements specified in sections 104-249(d) & 104-249(e). The type, height, & location of the cell site on-site shall be of the same type & intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes & shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the cell site or antenna shall be deemed abandoned.                               (CPLDR 1993, § 4-10.11)

Sec. 104-153. - Authority of Engineering Dept.

(a) The Engineering Dept. in conjunction with the Utilities Dept. of the city shall:

(1) Provide review of the construction methods & means of installation proposed to be used by the applicant for its backhaul network to be located within the city’s lands & rights-of-way;

(2) Provide review of the proposed route(s) & depths of connection to be used by the applicant, for its backhaul network within the city’s lands & rights-of-way; &

(3) Calculate the construction fee(s) & costs to be paid by the applicant for construction within the city’s lands & rights-of-way through which the applicant’s backhaul network shall operate.

(b) If the applicant considers any work demanded of it to be outside reasonable requirements, or if it considers any decision or ruling of the engineering department to be unreasonable, it may file a written protest within 10 days of the written instruction of the engineering department, with the city manager, stating clearly & in detail the applicant’s objections & the reasons therefor. Unless the applicant shall file such written protest with the city manager within such 10 day period, it shall be deemed to have waived all grounds for such protest & to have accepted the requirements, decision or ruling of the department of engineering as just & reasonable & as being within the scope of the applicant’s obligations under this article.   (CPLDR 1993, § 4-10.5)

Sec. 104-154. - Removal of abandoned antennas & cell sites.  Any antenna or cell site that is not operated for a continuous period of 6 months shall be considered abandoned, & the owner of such antenna or cell site shall remove the same within 90 days of receipt of notice from the city notifying the of such abandonment. Failure to remove an abandoned antenna or cell site within said 90-day shall be grounds to remove the cell site or antenna at the owner’s expense. If there are 2 or more users of a single cell site, then this provision shall not become effective until all users cease using the cell site, unless such continued use should be considered impractical from a financial & public safety standpoint. The city, upon default of a user, may use the bond required under section 104-182, either to continue maintenance or to remove the abandoned cell site.                                                                                 (CPLDR 1993, § 4-10.9)

Secs. 104-155—104-176. - Reserved.

 

DIVISION 2. - REQUIREMENTS

Sec. 104-177. - Generally.  No cell site, including permitted extensions or modifications, & antennas, shall be authorized to exceed a maximum height, in the aggregate, of 185 feet. No cell site may be located within a residential area (RLD or MU district). It shall be unlawful for any person, firm or corporation to erect, construct in place, place or re-erect, replace, or repair any cell site without first making application to the city’s department of land use & code enforcement & securing a development order approving said activity.            (CPLDR 1993, § 4-10.4)

Sec. 104-178. - Accessory buildings & structures.  Accessory buildings or structures to communication cell sites shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures or uses which are not needed to send or receive transmissions. Transmission equipment shall be automated to the greatest extent economically feasible to reduce traffic & congestion. Where the site abuts or has access to a collector street, access for motor vehicles shall be limited to the collector street. All buildings & support equipment shall comply with division 5 of this article & with the then applicable noise standards.         (CPLDR 1993, § 4-10.4(A))

Sec. 104-179. - Additional antennas.  Any additional antennas, receipt or transmission dishes, or other similar receiving or transmitting devices proposed for attachment to an existing communication cell site shall require review in the same manner as the existing cell site was originally approved. The intent of this requirement is to ensure compliance with the structural integrity, visual aesthetics, radiation standards & other standards established herein for locating communication cell sites upon which additional antennas, communication dishes, etc., are to be installed. The application for approval to install additional antennas, dishes or other similar receiving devices shall include certification from a Florida-registered structural engineer, or other professional accepted by the city indicating that the additional device or devices installed will not adversely affect the structural integrity of the communication cell site mount. A visual impact analysis shall be included as part of the application for approval to install one or more additional communication devices to an existing cell site.             (CPLDR 1993, § 4-10.4(B))

Sec. 104-180. - Aesthetics.  Cell sites & antennas shall meet the following requirements:

(1) Cell sites shall either maintain a galvanized steel finish, or subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2) At a cell site, the design of the buildings & related structures shall, to the extent possible, use materials, colors, textures, screening, & landscaping that will blend them into the natural setting & surrounding buildings.

(3) If an antenna is installed on a structure other than a cell site, the antenna & supporting electrical & mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna & related equipment as visually unobtrusive as possible.                   (CPLDR 1993, § 4-10.4(C))

Sec. 104-181. - Aircraft hazard.  Communication cell sites shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA). Each application to construct a communication cell site shall include proof of application for approval from the FAA & shall be submitted with each application for a communication cell site. Based upon the location or height of a proposed communication cell site, the city may require a statement of no objection from the Bay County/Panama City International Airport. A development order for an approved communication cell site shall not be issued until FAA approval is obtained.     (CPLDR 1993, § 4-10.4(D))

Sec. 104-182. - Bond for performance, maintenance &/or removal upon default.

(a) Together with its application for approval for the construction & use of a cell site, the applicant must provide proof, acceptable to the manager, that it will provide a performance bond, upon final approval of its site permit, either in cash or by insurance policy issued by a properly licensed insurance company, duly authorized to do business in the State of Florida, Bay County, & the City of Panama City. Said bond shall be for an amount (taking into consideration: financial stability of applicant; whether the tower is collapsible within its own footprint; method of demolition; what special safety precautions will be necessary; & landfill disposal fees determined by resolution of the city commission, equal to, the following; provided that such bond shall not in the aggregate exceed $75,000.00:

(1) The amount that would be required to perform emergency maintenance on the cell site facility, upon the failure of the applicant to provide ordinary & necessary maintenance requested by the city, plus

(2) The amount that would be required to safely take down, remove, & legally dispose of the cell site mount, all buildings, electrical paraphernalia, & other improvements related to the operation thereof, upon failure of the applicant to duly remove said cell site as otherwise provided in this article.

(b) The requirement for this bond shall be continuing in nature during the term of the permit & any extensions thereof & may be revised from time to time during the term & any extensions of the applicant’s permit, then taking into consideration reasonable adjustments for the original objectives of the bond, plus any modifications thereto.

(c) Should said bond be allowed to lapse or for any reason become unsecured, then at the election of the city, the applicant’s permit may be revoked by the city, & the applicant shall be required to cease use of the facilities immediately. Further, should the applicant fail to cure said defects within 10 days, the bond shall be payable to the city, & the city may exert its rights to a lien against applicant’s other properties for any other expenses, costs & attorney’s fees incurred in addition the amount of said bond.                                 (CPLDR 1993, § 4-10.4(E))

Sec. 104-183. - Building codes; safety standards; inspection.

(a) Codes. To ensure the structural integrity of cell sites, the owner of a cell site shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes & the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.

(b) Inspections. The manager, at the expense of the applicant, may require periodic inspection of communication cell sites to ensure structural integrity. Inspections shall be conducted by properly licensed engineers selected by the city licensed to practice in the State of Florida. The results of such inspections shall be provided to the manager. Such inspections may be required as follows:

(1) Monopole cell sites - at least once every 10 years;

(2) Self-support cell sites - at least once every 5 years;

(3) Guyed cell sites - at least once every 3 years.

(c) Removal. If, upon inspection, the city concludes that a cell site fails to comply with such codes & standards & constitutes a danger to persons or property, then upon notice being provided to the owner of the cell site, the owner shall have 30 days to bring such cell site into compliance with such standards. Failure to bring such cell site into compliance within said 30 days shall constitute grounds for the removal of the cell site or antenna at the owner’s expense.                       (CPLDR 1993, § 4-10.4(F))

Sec. 104-184. - Certification by specialized engineer required.   All applications for construction of a communication cell site shall be submitted accompanied by certifications which include the information serving as the basis for such certifications & certified by a State of Florida Licensed Professional Engineer, specializing with expertise in each area required by the city, including but not limited to, structural soundness, electrical, radio communication facilities, & operational compliance at the conclusion of the construction by an engineer having those qualifications. The applicant must provide an independent certification for each category of construction & installation by one so licensed & specialized.                   (CPLDR 1993, § 4-10.4(G))

Sec. 104-185. - Clustering. Placement of more than one communication cell site on a land site is required & may be located as close to each other as technically feasible unless it can be affirmatively shown to be impossible from a practical standpoint & for reasons other than expense, certified to by the applicant’s engineer, duly licensed in the specialty causing the impossibility of clustering & provided cell site failure characteristics of the communication cell site on the site will not result in multiple communication cell site failures based on the certification of the applicant’s engineer in the event that one communication cell site fails or will not present unacceptable risk to any other communication cell site on the site.                      (CPLDR 1993, § 4-10.4(H))

Sec. 104-186. - Collocation, multiple antennas, & cell site plan. The city requires the users of cell sites & antennas to collocate multiple users on each cell site & to cluster cell sites within close proximity of each other, unless it can be affirmatively shown to be impossible from a practical standpoint & for reasons other than expense, certified to by the applicant’s engineer, duly licensed in the specialty causing the impossibility of collocation or clustering. To this end, users are required to submit future location plans which disclose future planned sites for additional cell sites &/or collocations. Applicant users should submit a single application for approval of multiple cell sites, collocation sites, &/or multiple user mounts. In such event & when possible, the application shall be given priority in the review process & a height bonus, not to exceed 20 feet per additional user, but not to exceed the maximum height limitations of this article. (CPLDR 1993, § 4-10.4(I))

Sec. 104-187. - Fencing & landscaping.

(a) An 8-foot fence or wall, as measured from the finished grade of the site, shall be required around the base of a communication cell site. The fence shall set back a minimum of 10 feet from the base of the communication cell site. The required fence or wall may include an appropriate anticlimbing device.

(b) Landscaping, consistent with the requirements of this Land Development Regulation, shall be installed around the entire perimeter of the fence. Additionally, trees, at least 8 feet in height at planting, & planted at intervals sufficiently close to afford full screening within 2 years, shall be planted around the entire perimeter of the fence. Landscaping may be required around the perimeter of the fence & around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city commission may require landscaping in excess of the requirements of this Land Development Regulation if it determines that additional landscaping is necessary to ensure compatibility with adjacent land uses.                                                   (CPLDR 1993, § 4-10.4(J))

Sec. 104-188. - Franchises.  Owners &/or operators of cell sites or antennas shall certify that all franchises required by law for the construction &/or operation of a wireless communication system in the city have been obtained & shall file a copy of all required franchises with the manager.                                   (CPLDR 1993, § 4-10.4(K))

Sec. 104-189. - High voltage & “no trespassing” warning signs.

(a) If high voltage is necessary for the operation of the communications cell site or any accessory structures, “HIGH VOLTAGE - DANGER” warning signs shall be permanently attached to the fence or wall & shall be spaced not more than 40 feet apart.

(b) “NO TRESPASSING” warning signs shall be permanently attached to the fence or wall & shall be spaced not more than 40 feet apart.

(c) The letters for the “HIGH VOLTAGE - DANGER” & “NO TRESPASSING” warning signs shall be at least 6 inches in height. The 2 warning signs may be combined into one sign. The warning signs shall be installed at least 5 feet above the finished grade of the fence.

(d) The warning signs may be attached to freestanding poles if the content of the signs might be obstructed by the landscaping requirements imposed pursuant to this article.   (CPLDR 1993, § 4-10.4(L))

Sec. 104-190. - Hurricane evacuation routes.  Communication cell sites shall not be constructed at a height & location that, in the event of cell site failure, the cell site may totally or partially block or impede any road or street designated as a hurricane evacuation route. (CPLDR 1993, § 4-10.4(M))

Sec. 104-191. - Inventory of existing sites.  Each applicant for an antenna &/or cell site shall provide to the manager an inventory of its existing cell sites, antennas, or sites approved for cell sites or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, & design of each cell site. The manager may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of city, provided, however, that the manager is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

                                                                  (CPLDR 1993, § 4-10.4(N))

Sec. 104-192. - Lighting.  Artificial lighting of communication cell sites shall be limited to mandatory safety lighting required by county, state, or federal regulatory agencies possessing jurisdiction over communication cell sites. For each communication cell site requiring lighting, the applicant shall seek FAA approval of a dual lighting system. Security lighting around the base of a communication cell site may be provided if such lighting does not adversely affect adjacent property owners.                            (CPLDR 1993, § 4-10.4(O))

           

Sec. 104-193. - Measurements. For purposes of measurement, cell site setbacks & separation distances shall be calculated & applied to facilities located in the city irrespective of municipal & county jurisdictional boundaries.                 (CPLDR 1993, § 4-10.4(P))

Sec. 104-194. - Monopoles, communications dishes prohibited.  Unless specifically authorized by the city commission, communications dishes may not be installed upon multiple communication cell sites.                              (CPLDR 1993, § 4-10.4(Q))

Sec. 104-195. - Noninterference.  Each application for conditional use to allow construction of a communication cell site shall include either a preliminary or a certified statement that the construction of the communication cell site, including reception & transmission functions, will not interfere with the usual & customary transmission of reception of radio, television, etc., service enjoyed by adjacent residential & nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference shall be provided & approved by the city prior to the issuance of a development order. The statement shall be prepared by an engineer or architect licensed to practice in the State of Florida. If any reasonable complaints or allegations of interference are raised by adjacent residential & nonresidential properties, the city, at the expense of the applicant, may require an inspection of the communication cell site. The applicant shall be required to correct any confirmed complaints or allegations of interference. Applicants failing to correct problems may subject it to having their approval revoked & the communication cell site removed, at the applicant’s expense.                         (CPLDR 1993, § 4-10.4(R))

Sec. 104-196. - Not essential services.  Cell sites & antennas shall be regulated & permitted pursuant to this article & shall not be regulated or permitted as essential services, public utilities, or private utilities.                                                             (CPLDR 1993, § 4-10.4(S))

Sec. 104-197. - Public notice.  For purposes of this article, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners & all property owners of properties that are located within the corresponding separation distance, in addition to any notice otherwise required by the Land Development Regulation.                            (CPLDR 1993, § 4-10.4(T))

Sec. 104-198. - Radiation standard.  All communication cell sites shall comply with the “then-current” standards of the Federal Communications Commission for nonionizing electromagnetic radiation (NIER) & electromagnetic fields (EMF), including the American National Standard Institute’s (ANSI) public safety standards with regard to human exposure on affected properties. Each conditional use application for a communication cell site shall include preliminary or certified documentation or such statement from a Florida registered electrical engineer or, other professional accepted by the city, indicating compliance with these public safety standards. The city may hire a consultant to evaluate the required NIER, EMF, or ANSI documentation. The fee charged by the consultant shall be paid by the applicant. In the event only a preliminary statement is submitted with the application, a final, certified statement will be provided & approved by the city prior to the issuance of a development order. The city shall have the right, but not the obligation, to evaluate the cell site once a year to monitor compliance with the above standards, such monitoring to be conducted at the applicant’s expenses.             (CPLDR 1993, § 4-10.4(U))

Sec. 104-199. - Setback.  Unless otherwise provided, all communication cell sites shall comply with the following setback standards:

(1) Fall communication cell sites not related to roof-mounted communications use shall have setbacks from all property lines equal to 120% of the height of the proposed structure. This setback provision may be waived or modified by the city commission in its discretion provided the applicant submits a certified, signed & sealed statement from a Florida registered professional structural engineer which demonstrates that the cell site would collapse within the designed & specified fall radius depicted on the plans. Cell sites related to roof mounted communications use need only satisfy building setbacks for the zoning district in which the cell site is located. This less stringent setback provision is in recognition of the FCC’s PRB-1 preemption for amateur radio communications;

(2) In cases where the cell site is not related to roof-mounted communications use, the fall radius (120 % of the cell site height or other approved design fall radius) shall not encroach upon existing off-site structures or adjacent residentially designated property;

(3) The base of the communication cell site must be separated from the nearest boundary of any residential zoning district by a minimum distance equal to the greater of: 500 feet, or a distance in feet determined by multiplying the height of the cell site by a factor of 3;

(4) The distance of any guy anchorage or similar device shall meet the same setbacks as otherwise required in that zoned district;

(5) All accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district in which they are located, but not less than 25 feet from any property line adjacent to an arterial or collector roadway or ten feet from any other property line.       (CPLDR 1993, § 4-10.4(V))

Sec. 104-200. - Signs & advertising. The use of any portion of a communication cell site for signs or advertising purposes, including company name, banners, streamers, balloons, etc., is prohibited.            (CPLDR 1993, § 4-10.4(W))

Sec. 104-201. - State or federal requirements.  All cell sites must meet or exceed current standards & regulations of the FAA, the FCC, & any other agency of the state or federal government with the authority to regulate cell sites & antennas. If such standards & regulations are changed, then the owners of the cell sites & antennas governed by this article shall bring such cell sites & antennas into compliance with such revised standards & regulations within 6 months of the effective date of such standards & regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring cell sites & antennas into compliance with such revised standards & regulations shall constitute grounds for the removal of the cell site or antenna at the owner’s expense.                             (CPLDR 1993, § 4-10.4(X))

Secs. 104-202—104-225. - Reserved.

 

DIVISION 3. - ADMINISTRATIVELY APPROVED USES

Sec. 104-226. - Generally.  The following provisions shall govern the issuance of administrative approvals for cell sites & antennas:

(1) The manager may administratively approve the uses listed in this article, not to exceed such heights as authorized herein, & in no event to exceed a maximum aggregate height of 185 feet.

(2) Each applicant for administrative approval shall apply to the manager providing the information set forth in sections 104-249(a) & 104-249(c) & a nonrefundable fee as established by resolution of the city commission to reimburse the city for the costs of application review.

(3) The manager shall review the application for administrative approval & determine if the proposed use complies with sections 104-177, 104-249(d) &104-249(e).

(4) The manager shall respond to each such application within 45 days after receiving it by either approving or denying the application.

(5) In connection with any such administrative approval, the manager may, in order to encourage shared use, administratively waive any zoning district setback requirements in section 104-249(d) or separation distances between cell sites in section 104-249(e) by up to 50%, if justified by use of camouflaged mounts, monopoles, or collapsible mounts, & so long as the same does not endanger the public in the event of mount failure.

(6) In connection with any such administrative approval, the manager may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing cell site to monopole construction.

(7) If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to division 4 of this article prior to filing any appeal that may be available under this Land Development Regulation.  (CPLDR 1993, § 4-10.6(A))

Sec. 104-227. - List of administratively approved uses. The following uses may be approved by the manager after conducting an administrative review:

(1) Property. Antennas or cell sites located on property owned, leased, or otherwise controlled by the city, subject to a maximum height limitation of 185 feet, provided a license or lease authorizing such antenna or cell site has been approved by the city.

(2) LI or HI. Locating a cell site or antenna, not exceeding 185 feet in height, including the placement of additional buildings or other supporting equipment used in connection with said cell site or antenna, in any light or heavy industrial zoning district.

(3) Existing structures. Locating antennas on existing structures or cell sites consistent with the terms of subsections (4) & (5) below.

(4) Antennas on existing structures. Any antenna which is not attached to a cell site may be approved by the manager as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of 8 or more dwelling units, provided:

a. The antenna does not extend more than 20 feet above the highest point of the structure;

b. The antenna complies with all applicable FCC & FAA regulations; &

c. The antenna complies with all applicable building codes.

(5) Antennas on existing cell sites. An antenna which is attached to an existing cell site may be approved by the manager, & to minimize adverse visual impacts associated with the proliferation & clustering of cell sites, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

a. Collocation. A cell site which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same cell site type as the existing cell site, unless the manager allows reconstruction as a monopole.

b. Height:

1. An existing cell site may be modified or rebuilt to a taller height, not to exceed 20 feet over the cell site’s existing height, to accommodate the collocation of an additional antenna, but not to exceed the maximum heights of this article, as established herein by zoning district classification.

2. The height change referred to in subsection (5)c.1.may only occur one time per communication cell site.

3. The additional height referred to in subsection (5)c.1.shall not require an additional distance separation as set forth in division 4 of this article. The cell site’s premodification height shall be used to calculate such distance separations.

c. On-site location.

1. A cell site which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

2. After the cell site mount is rebuilt to accommodate collocation, only one mount may remain on the site.

3. A relocated on-site cell site shall continue to be measured from the original cell site location for purposes of calculating separation distances between cell sites pursuant to section 104-249(e). The relocation of a cell site hereunder shall in no way be deemed to cause a violation of section 104-249(e).

(6) GC or P/I.

a. New cell sites may be located in general commercial or public/institutional zoning districts, provided a Florida licensed professional structural engineer certifies the cell site can structurally accommodate the number of shared users proposed by the applicant if the manager concludes the cell site is in conformity with the goals set forth herein & the requirements of division 2 of this article; the cell site meets the setback requirements in section 104-249(d) & separation distances in section 104-249(e); & the cell site meets the following height & usage criteria:

1. For a single user, up to 90 feet in height;

2. For 2 users, up to 120 feet in height; &

3. For 3 or more users, up to 150 feet in height.

b. Notwithstanding the foregoing, the height limitation for city- owned property shall be 185 feet.

(7) Location of alternative support structure. Locating any alternative support structure for a cell site in a zoning district other than light or heavy industrial that in the judgment of the manager in conformity with the goals set forth herein.

(8) Cable microcell network. Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable, telephone, or electrical wire supports, or similar technology that does not require the use of cell sites.                                                      (CPLDR 1993, § 4-10.6(B))

Secs. 104-228—104-247. - Reserved.

DIVISION 4. - SPECIAL USE PERMITS

Sec. 104-248. - Generally.   Provided that no cell sites may be located within RLD or MU districts or exceed, in the aggregate, 185 feet in height, the following provisions shall govern the issuance of special use permits for certain other cell sites or antennas when recommended by the planning board & approved by the mayor & city commission:

(1) If the cell site or antenna is not a permitted use under this article or permitted to be approved administratively pursuant to division 3 of this article, then a special use permit shall be required for the construction of a cell site or the placement of an antenna in all zoning districts.

(2) Applications for special use permits under this article shall be subject to the procedures & requirements of the land development regulations, except as modified in this article.

(3) In granting a special use permit, the planning board & city commission may impose conditions to the extent they conclude such conditions are necessary to minimize any adverse effect of the proposed cell site on adjoining properties.

(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a Florida licensed engineer, subject to the certification requirements of section 104-184

(5) An applicant for a special use permit shall submit the information described in this article & a nonrefundable fee as established by resolution of the city commission to reimburse the city for the costs of reviewing the application.                 (CPLDR 1993, § 4-10.7(A))

Sec. 104-249. - Cell sites.

(a) Information required. In addition to any information required for applications for special use permits pursuant to the land development regulations, applicants for a special use permit for a cell site shall submit the following information:

(1) A scaled site plan clearly indicating the location, type & height of the proposed cell site, on-site land uses & zoning, adjacent land uses & zoning (including when adjacent to other municipalities), comprehensive plan classification of the site & all properties within the applicable separation distances set forth in subsection (e) of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed cell site & any other structures, topography, parking, & other information deemed by the manager to be necessary to assess compliance with this article.

(2) Legal description of the parent tract & leased parcel (if applicable).

(3) The setback distance between the proposed cell site & the nearest residential unit, platted residentially zoned properties, & unplatted residentially zoned properties.

(4) The separation distance from other cell sites described in the inventory of existing sites submitted pursuant to division 2 of this article shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing cell sites & the owner/operator of the existing cell sites, if known.

(5) A landscape plan showing specific landscape materials.

(6) Method of fencing, & finished color &, if applicable, the method of camouflage & illumination.

(7) A description of compliance with division 2 of this article, subsections (d) & (e) of this section & all applicable federal, state or local laws.

(8) A notarized statement by the applicant as to whether construction of the cell site will accommodate collocation of additional antennas for future users.

(9) Identification of the entities providing the backhaul network for the cell site(s) described in the application & other cellular sites owned or operated by the applicant in the municipality.

(10) A description of the suitability of the use of existing cell sites, other structures or alternative technology not requiring the use of cell sites or structures to provide the services to be provided through the use of the proposed new cell site.

(11) A description plan of the feasible or planned locations of future cell sites or antennas by the applicant within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed cell site is erected & a site map showing existing cell sites located within 5 miles of the proposed location.

(12) Maps or drawings depicting communication coverage areas for the cell site.

(b) Factors considered in granting special use permits for cell sites. In addition to any standards for consideration of special use permit applications pursuant to the Land Development Regulation, the planning board shall consider the following factors in determining whether to issue a special use permit, although the planning board may waive or reduce the burden on the applicant of one or more of these criteria if the planning board concludes that the goals of this article are better served thereby:

(1) Height of the proposed cell site;

(2) Proximity of the cell site to residential structures & residential district boundaries;

(3) Nature of uses on adjacent & nearby properties;

(4) Surrounding topography;

(5) Surrounding tree coverage & foliage;

(6) Design of the cell site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7) Proposed ingress & egress; &

(8) Availability of suitable existing cell sites, other structures, or alternative technologies not requiring the use of cell sites or structures, as discussed in subsection (c) of this section.

(c) Availability of suitable existing cell sites, other structures, or alternative technology. No new cell site shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning board that no existing cell site, structure or alternative technology that does not require the use of cell sites or structures can accommodate the applicant’s a proposed antenna. An applicant shall submit information requested by the planning board related to the availability of suitable existing cell sites, other structures or alternative technology. Evidence submitted to demonstrate that no existing cell site, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:

 

(1) No existing cell sites or structures are located within the geographic area which meet applicants engineering requirements.

(2) Existing cell sites or structures are not of sufficient height to meet applicant’s engineering requirements.

(3) Existing cell sites or structures do not have sufficient structural strength to support applicants proposed antenna & related equipment.

(4) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing cell sites or structures, or the antenna on the existing cell sites or structures would cause interference with the applicant’s proposed antenna.

(5) The fees, costs, or contractual provisions required by the owner in order to share an existing cell site or structure or to adapt an existing cell site or structure for sharing are unreasonable. Costs exceeding new cell site development are presumed to be unreasonable.

(6) The applicant demonstrates that there are other limiting factors that render existing cell sites & structures unsuitable.

(7) The applicant demonstrates that an alternative technology that does not require the use of cell sites or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new cell site or antenna development shall not be presumed to render the technology unsuitable.

(d) Setbacks. The following setback requirements shall apply to all cell sites for which a special use permit is required; provided, however, that the planning board may reduce the standard setback requirements if the goals of this article would be better served thereby:

(1) Cell sites must be set back a distance equal to at least 120 %) of the height of the cell site from any adjoining lot line.

(2) Guys & accessory buildings must satisfy the minimum zoning district setback requirements, provided, however, not closer than 25 feet from any property line & adjacent to an arterial or collector roadway or ten feet from any other property line.

(e) Separation. The following separation requirements shall apply to all cell sites & antennas for which a special use permit is required; provided, however, that the planning board may reduce the standard separation requirements if the goals of this article would be better served thereby:

(1) Separation from off-site uses/designated areas.

a. Cell site separation shall be measured from the base of the cell site to the lot line of the off-site uses &/or designated areas as specified in table 1, except as otherwise provided in table 1.

b. Separation requirements for cell sites shall comply with the minimum standards established in table 1.

Table 1. Cell Site Separation Requirements

Off-Site Use/Designated Area

Separation Distance

Single-family or duplex residential units1

500 feet or 300 % height of cell site, whichever is greater

Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired

500 feet or 300 % height of cell site2, whichever is greater

Vacant unplatted residentially zoned lands3

200 feet or 200 % height of cell site, whichever is greater

Existing multifamily residential units greater than duplex units

200 feet or 200 % height of cell site greater than duplex units, whichever is greater

Nonresidentially zoned lands or nonresidential uses

None; only setbacks apply

1Includes modular homes & mobile homes used for living purposes.

2Separation measured from base of cell site to closest building setback line.

3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval & any multifamily residentially zoned land greater than duplex.

(2) Separation distances between cell sites. Separation distances between cell sites shall be applicable for & measured between the proposed cell site & preexisting cell sites. The separation distances shall be measured by drawing or following a straight line between the base of the existing cell site & the proposed base, pursuant to a site plan, of the proposed cell site. The separation distances (listed in linear feet) shall be as shown in table 2.

Table 2

Existing Cell Sites - Types

 

Lattice

Guyed

Monopole 75 Feet in Height or Greater

Monopole Less Than 75 Feet in Height

Lattice

5,000

5,000

1,500

750

Guyed

5,000

5,000

1,500

750

Monopole 75 Feet in Height or Greater

1,500

1,500

1,500

750

Monopole Less Than 75 Feet in Height

750

750

750

750

(f) Security fencing. Cell sites shall be enclosed by security fencing not less than 6 feet in height & shall also be equipped with an appropriate anticlimbing device; provided, however, that the planning board may waive such requirements, as it deems appropriate.

(g) Landscaping. The following requirements shall govern the landscaping surrounding cell sites for which a special use permit is required; provided, however, that the planning board may waive such requirements if the goals of this article would be better served thereby:

(1) Cell site facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the cell site compound from property used for residences. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound.

(2) In locations where the visual impact of the cell site would be minimal, the landscaping requirement may be reduced or waived.

(3) Existing mature tree growth & natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as cell sites sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. 

(CPLDR 1993, § 4-10.7(B))

Secs. 104-250—104-276. - Reserved.

 

DIVISION 5. - BUILDINGS OR OTHER EQUIPMENT STORAGE

Sec. 104-277. - Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following:

(1) The cabinet or structure shall not contain more than 400 square feet of gross floor area or be more than 8 feet in height. In addition, for buildings & structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 6 feet in height, shall be located on the ground & shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure & other equipment & structures shall not occupy more than 30% of the roof area.

(3) Equipment storage buildings or cabinets shall comply with all applicable building codes.  (CPLDR 1993, § 4-10.8(A))

Sec. 104-278. - Antennas mounted on towers.  The equipment cabinet or structure used in association with antennas mounted on ground-based towers shall be located in accordance with the following:

(1) In commercial or industrial districts, the unmanned equipment cabinet or structure shall be no greater than 8 feet in height or 400 square feet in gross floor area.

(2) The structure or cabinet shall be screened by a solid fence 8 feet in height & by an evergreen hedge with an ultimate height of 8 feet & a planted height of at least 36 inches.                     (CPLDR 1993, § 4-10.8(B))

Sec. 104-279. - Modification of building size requirements.  The requirements of section 104-277 may be modified by the manager in the case of administratively approved uses or by the planning board in the case of uses permitted by special use to encourage collocation.     (CPLDR 1993, § 4-10.8(C))

Secs. 104-280—104-306. - Reserved.

DIVISION 6. - ABANDONMENT OF COMMUNICATION TOWERS

Sec. 104-307. - Compelling public interest. The city commission finds & declares that, because of the national public policy of ensuring that the wireless communications industry & its evolving new technologies are accommodated notwithstanding the undesirable effects that communication sites may have on the aesthetics of communities & neighborhoods, there is a compelling public interest in ensuring that communication towers are promptly disassembled, dismantled, & removed once they are no longer being used. Further, it is found that there is substantial risk that towers may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for towers.                        (CPLDR 1993, § 4-10.10(A))

Sec. 104-308. - Abandonment defined.  In the event the use of any cell site has been discontinued for a period of 90 consecutive days, the cell site shall be deemed to be abandoned. Determination of the date of the abandonment shall be made by the manager, who shall have the right to request documentation &/or affidavits from the cell site owner/operator regarding the issue of site usage. Failure or refusal for any reason by the owner/operator to respond within 20 days to such a request shall constitute prima facie evidence that the communication site has been abandoned. Upon a determination of abandonment & notice thereof to the owner/operator, the owner/operator of the site shall have an additional 90 days within which to reactivate the use of the site or transfer the site to another owner/operator who makes actual use of the site within the 90-day period, or dismantle & remove the cell site. At the earlier of 90 days from the date of abandonment without reactivation or upon completion of dismantling & removal, any special exception &/or variance approval for the original cell site shall automatically expire.                        (CPLDR 1993, § 4-10.10(B))

Sec. 104-309. - Duty to remove abandoned cell sites.

(a) Notwithstanding the provisions of section 104-308, upon abandonment of a communication site & the failure or refusal by the owner/operator to either reactivate the site or dismantle & remove it within 90 days, the following person or entities (the “responsible parties”) shall have the duty jointly & severally to remove the abandoned site:

(1) The owner of the abandoned cell site (&, if different, the operator of the abandoned cell site;

(2) The owner of the land upon which the abandoned cell site is located;

(3) The lessee, if any, of the land upon which the cell is located;

(4) The sublessee or sublessees, if any, of the land upon which the tower is located;

(5) Any communication service provider who or which by ceasing to utilize the tower or otherwise failing to operate any of its transmitters or antennas on the cell site for which it leased space or purchased the right to space on the cell site for its transmitters or antennas & such ceasing or failure to utilize the cell site in fact caused the cell site to become abandoned;

(6) Any person to whom or entity to which there has been transferred or assigned any license issued by the Federal Communications Commission & under which the cell site owner/operator operated the cell site;

(7) Any person or entity (or their respective parent or subsidiary, or managing partner or general partner), which has purchased or acquired, through merger or otherwise, all or a substantial portion of the assets of the cell site owner or operator.

(b) The abandoned cell site shall be removed on or before the 90th day after receipt by the responsible party or parties of a notice from the manager ordering its removal. The duty imposed by this subsection shall supersede & otherwise override any conflicting provision of any contract, agreement, lease, sublease, license, franchise or other instrument entered into or issued on & after the effective date of this article.   (CPLDR 1993, § 4-10.10(C))

Sec. 104-310. - Enforcement. The city manager shall take such actions from time to time as are necessary or useful to enforce the duty & requirements imposed by this article, & in the course of enforcement the city manager may avail himself of any one or more of the following:

(1) Proceedings to enforce this article may be brought before the code enforcement board in the manner allowed by general law & this Code.

(2) Proceedings to enforce this article may be brought before the circuit court, & in such proceedings, the city shall be entitled to all remedies at law & in equity, including (but not limited to) injunctive relief. Further, upon a determination that a defendant has violated a duty or requirement of this article, the court shall award reasonable attorneys’ fees & costs to the city, including fees & costs incurred by the city on appeal.

(3) Upon directive by the city manager, the city may withhold from any person or entity in violation of this article all future development permits & otherwise may refrain from processing any applications by the violator for approval of any zoning changes, special exceptions, variances, site plans, subdivision plans, plats, developments of regional impact, substantial deviations from DRI development orders, substantial changes to planned developments, right-of-way utilization permits, building permits, cable television franchises (or renewals thereof or amendments thereto), or any other city regulatory permits or approvals.

(4) The city may remove the cell site using the funds or surety bonds, if any, deposited under section 104-182 by the responsible parties & thereafter initiate judicial proceedings against the responsible parties for any portion of the cost not covered by the deposited funds or surety bonds. If the responsible parties include the owner of the land on which the abandoned cell site is or was located, such portion of the cost shall be assessed against the land, & the city may file a lien thereon. The lien of the assessment shall bear interest & shall have priority & be collectable at the same rate & in like manner as provided under Florida law & this Code for special assessments.                            (CPLDR 1993, § 4-10.10(D))

Secs. 104-311—104-330. - Reserved.

 

ARTICLE VII. - RESERVED [59]

(59) Editor’s note— Ord. No. 2395, § 1(Exh. A), adopted Aug. 24, 2010, deleted Art. VII, §§ 104-331—104-338, which pertained to planned unit development district (PUD) & derived from CPLDR 1993, §§ 4-11.1—4-11.8.