§ 402. Planned Development (PD) Districts.  


Latest version.
  • 402.1.   Generally.

    A.

    Purpose and Intent.

    1.

    Planned development districts are intended to be established for: specialized purposes, where a proposed project warrants greater flexibility than a standard district provides; when the Comprehensive Plan requires a planned development review process; or when the ability to attach conditions to a site plan is warranted.

    2.

    Planned development may be used as a vehicle to permit developments when the innovative use of buffering and modern design techniques mitigate the external impacts of development and create a helpful physical environment. Through the utilization of a planned district, the Board may allow mixed dwelling types and/or housing densities; provide for the safe, efficient, convenient, harmonious groupings of structures, uses, facilities, and support uses; for appropriate relationships of space, inside and outside buildings, for intended uses; for preservation of desirable natural features; and minimum disturbance of natural topography.

    3.

    Within Planned Development Districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots; to promote economical and efficient land use; improve levels of amenities for harmonious, creative design, and a better environment.

    4.

    In view of the substantial public advantage of planned development, it is the intent of these regulations to promote and encourage development in this form, where appropriate, in location and character.

    B.

    PD Designations. The PD category includes the following districts.

    • PDA—Planned Development Agriculture.

    • PDR—Planned Development Residential.

    • PDRV—Planned Development Recreational Vehicle.

    • PDC—Planned Development Commercial.

    • PDRP—Planned Development Research Park.

    • PDW—Planned Development Waterfront.

    • PDMU—Planned Development Mixed Use.

    • PDUI—Planned Development Urban Industrial.

    • PDGC—Planned Development Golf Course.

    • PDI—Planned Development Industrial.

    • PDMH—Planned Development Mobile Home.

    • PDO—Planned Development Office.

    • PDPI—Planned Development Public Interest.

    402.2.   Consistency with the Comprehensive Plan and Other Ordinances.

    A.

    Future Land Use Map. PD Districts are allowed within all Comprehensive Plan Future Land Use Map categories; however, the proposed PD shall be consistent with the Comprehensive Plan.

    B.

    Density/Intensity. Density and/or intensity shall not exceed maximums established in the Comprehensive Plan. Densities/intensities shall be established after consideration of the Comprehensive Plan criteria and limits, neighborhood compatibility, transitions, and site design.

    C.

    Height. Building height in a specific Planned Development district shall be determined after review of the nature of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed.

    D.

    Open Space. Minimum open space requirements shall be established based upon a site-specific evaluation of the project and surrounding land uses.

    402.3.   Planned Development, Defined.

    For purposes of this Code, a planned development is:

    A.

    Land to be planned as a whole;

    B.

    Built in a single development operation or a definitively programmed series of development operations;

    C.

    To include principal and accessory structures and uses substantially related to the character and purposes of the district;

    D.

    Built according to plans, which include not only streets, utilities, lots, building locations, and the like; but also, site plans for all buildings intended to be located, constructed, used and related to each other; and plans for other uses and improvements on the land as related to the buildings; and

    E.

    To include a program to provide for operation and maintenance of such areas, facilities, and improvements for common use by the occupants of the planned development district; but which will not be provided, operated or maintained at general public expense.

    402.4.   Relation of PD Regulations to General Zoning, Subdivision or Other Regulations.

    The following regulations shall apply to the initiation of and regulation for all planned development districts.

    A.

    Where there are conflicts between the special Planned Development regulations herein and general zoning, subdivision, other regulations or requirements; these Planned Development regulations shall apply in Planned Development districts unless the Board finds, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements.

    B.

    Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable Planned Development or general regulations, but the Board makes a written finding in the particular case, that the public purposes of these regulations are satisfied to an equivalent or greater degree, the Board may grant specific approval for the particular case. However, where floor area and similar building ratios, as well as maximum permitted densities have been established by these regulations, the Board shall not grant specific approval to increase such ratios, maximums, or minimums. The Board shall not grant specific approval for Chapter 6, Sign Regulations. The method for approval of alternatives to the sign regulations shall be to apply for an adjustment in accordance with Chapter 6 of this Code.

    C.

    Except as indicated above, and notwithstanding procedures and requirements generally in effect, the procedures and requirements set forth in this section shall apply in all Planned Development districts.

    D.

    Agricultural property rezoned to Planned Development may continue in agricultural use. Any expansion or increase in intensity of the agricultural use shall require an Administrative Permit in compliance with Chapter 3.

    E.

    Any single-family residential lot that received Planned Development Zoning without site plan approval shall be exempt from the Planned Development process. The Building Permit shall serve as the development order approval.

    402.5.   Schedule of Uses for PD Districts.

    Except as specifically provided in this Code, regulations governing the use of land, water and structures within the PD districts shall be as shown in the following table. Uses identified as "Permitted Uses" in all Planned Development Districts may be permitted with approval of a General Development Plan. PD zoning in itself does not constitute approval to develop.

    Uses of land or structures not expressly listed in the table are prohibited and shall not be established in that district.

    Uses and structures which are customarily and clearly incidental to permitted principal uses and structures, shall be also permitted.

    Table 4-9. Schedule of Uses for PD Districts

    Land Use PDR PDO PDC PDRP PDI PDPI PDW PDMU PDRV PDMH PDGC PDA PDEZ
    Adult Day Care Center P P P X X X P P X P X AP X
    Agricultural Research Facilities X X P P X P X P X X X P P
    Agricultural Uses 531.1 AP AP AP AP AP AP AP AP AP AP X P P
     Agricultural Products Processing Plants 531.1 X X X X P X X P X X X P P
     Animal Products Processing Facility 531.1 X X X X SP X X SP X X X P P
     Short Term Agricultural Uses 531.1 P X P X X X X P X X X P P
     Stables or Equestrian Centers: Private 531.1 P X X X X X X P P P X P X
     Stables or Equestrian Centers: Public 531.1 X X P X X P X P X X X P X
     Tree Farm 531.1 X X X X X P X P X X X P X
    Aircraft Landing Field 531.2 X X X X X P X P X X X X X
    Airport, Commercial 531.3 X X X X X P X P X X X X X
    Airport, Private or Public 531.3 X X X X P P X P X X X X P
    Alcoholic Beverage Establishment 531.4 X X SP X SP X SP SP X X X X X
    Alcoholic Beverage Establishment-2 COP License 531.4 X X AP X X X X AP X X X X X
    Animal Services (Wild and Exotic) 531.5 AP AP AP AP AP AP AP AP AP AP AP AP AP
    Assisted Living Facility, Large 531.44 P P P X X P X P X X X P X
    Assisted Living Facility, Small 531.44 AP AP AP X X AP X AP X X X AP X
    Auction Houses, Enclosed X X P X P X X P X X X X X
    Auction Houses, Open 531.6 X X P X P X X P X X X X X
    Bed and Breakfast 531.7 P X P X X X P P X X X P X
    Breeding Facility (Non-Wild & Exotic) 531.8 X X P P P P X P X X X P X
    Building Materials Sales Establishment 531.9 X X P X X X X P X X X X X
     Lumberyard 531.9 X X X X P X X P X X X X P
    Bus and Train Passenger Station P X P P P P X P X X X P P
    Business Services X P P P P P X P X X X X X
     Printing, Medium X X P X P X X P X X X X
     Printing, Small X P P X P X X P X X X X X
    Car Wash: Full Service 531.10 X X P X P P X P X X X X X
    Car Wash: Incidental 531.10 X X P X P P X P X X X X X
    Car Wash: Self-Service 531.10 X X P X P P X P X X X X X
    Cemetery: Human and Pet 531.11 X X P X X P X P X X X X X
    Child Care Center, Large 531.12 P P P P P P X P X X X P X
    Child Care Center, Medium 531.12 P P P P P P X P X X X P X
    Child Care Center, Small 531.12 AP AP AP X AP AP X AP AP AP X P X
    Child Care Center, (Accessory) 531.12 P P P P P P P P P P X P P
    Churches/Places of Worship 531.13 P P P X X X X P X X X P X
    Civic, Social, and Fraternal Organizations/Clubs 531.14 P/SP P X X X X P P P P X P X
    Clinics X P P X X P X P X X X X X
    Community Residential Homes 531.44 P X X X X P X P P P X P X
    Correctional Facilities: Community X X X X X P X P X X X X X
    Correctional Facilities: Major X X X X X P X P X X X X X
    Cultural Facilities 531.15 P P P P P P P P X X X P P
    Drive-Through Establishments 531.16 X X P P P X X P X X X X P
    Earthmoving, Major 702 X X X X X X X X X X X X P
    Earthmoving, Minor 702 AP AP AP AP AP AP AP AP AP AP X AP P
    Emergency Shelters 531.44 P P P X X X P P X P X AP X
    Emergency Shelter Home 531.44 P P P X X X P P X P X AP X
    Environmental Land Preserves, Public and Private 531.17 P P P P P P P P P X X P X
    Equipment sales, rental and leasing, heavy 531.18 X X P X P X X P X X X X P
     Construction equipment 531.18 X X P X P P X P X X X X X
    Equipment Sales, rental and leasing, light X X P X P X X P X X X X
    Environmental Education Facilities AP X X X X AP X AP X X X AP X
    Family Day Care Home P X X X X P X P P P X P X
    Farming Service Establishments 531.18 X X P X X X X P X X X P P
    Farm Worker Housing 531.19 X X X X X X X X X X X X X
    Flea Markets: Enclosed 531.20 X X P X X X X P X X X X X
    Flea Markets: Open 531.20 X X P X X X X P X X X X X
    Food Catering Service Establishment 531.21 X X P X P X X P X X X X X
    Funeral Chapel 531.22 P P P X X X X P X X X P X
    Funeral Home 531.22 X P P X X X X P X X X X X
    Game Preserve X X P X X P X P X X X X X
    Gas Pumps 531.50 X X P P P P P P P X X P
    Group Housing 531.23 X X X X X P X P X X X X X
    Hazardous Waste Transfer Facility X X X X P P X P X X X X X
    Heliport X X P X P P X P X X X X P
    Helistop 531.24 P P P P P P AP P X X X P P
    Hospital X X X X X P X P X X X X X
    Industrial, Heavy X X X X P X X P X X X X P
     Firework/Sparkler Manufacture 531.25 X X X X P X X X X X X X X
    Industrial, Light X X X P P P X P X X X X P
    Intensive Services:
    Intensive Services: Exterminating and Pest Control 531.26 X X X X X X X SP SP X AP X P
    Intensive Services: Motor Pool Facilities 531.26 X X X X P P X P X X X X P
    Intensive Services: Printing, Heavy X X X X P X X X X X X X
    Intensive Services: Industrial Service Establishment 531.26 X X P P P X X P X X X X P
    Intensive Services: Sign Painting Service 531.26 X X P X P P X P X X X X X
    Intensive Services: Taxi-Cab, Limousine Service 531.26 X X P X P X X P X X X X X
    Intensive Services: Towing Service and Storage Establishment 531.26 X X P X P X X P X X X X P
    Intermodal Terminal X X X X P P X P X X X X P
    Junkyards 531.27 X X X X X X X P X X X X X
    Laboratories, Medical and Dental X P P P P P X P X X X X X
    Lodging Places: Boarding House 531.28 P X X X X X X P X X X X X
    Lodging Places: Boatel 531.28 X X X X X X P P X X X X X
    Lodging Places: Dormitories 531.28 P X X X X P X P X X X X X
    Lodging Places: Hospital Guest House 531.28 X X P X X P X P X X X X X
    Lodging Places: Hotel/motel 531.28 X X P P P P P P X X X X P
    Mining 531.30 X X X X X P X X X X X X X
    Mini Warehouses, Self-storage 531.31 X X P X P X X P X X X X X
    Mobile Homes, Individual 531.32 X X X X X X X X X P X X X
    Mobile Home Parks X X X X X X X P X P X X X
    Mobile Home Subdivisions X X X X X X X P X P X X X
    Motor Freight Terminal/Maintenance 531.34 X X X X P X X P X X X X P
     Bus RR/Maintenance Facility 531.34 X X X X P P X P X X X X X
    Nursing Homes 531.35 X P P X X P X P X X X X X
    Office, Medical or Professional X P P P P P P P P X X X X
     Miscellaneous Services: Office X P P P P P P P X X X P X
     Banking: Bank X P P P P X X P X X X X X
     Banking: Bank/Drive-through X P P P P X X P X X X X P
    Outdoor Advertising Signs X X P X P X X X P X X X P
    Outdoor Storage (Principal Use) 531.36 X X P X P X X P X X X X P
    Parking, Commercial (Principal Use) X P P P P P P P X X X X X
    Personal Service Establishment P P P P P P X P P P X P X
     Dry Cleaners: General X X P X P P X P X X X X X
     Dry Cleaners: Neighborhood X P P P P P X P X X X X X
     Dry Cleaners: Pick-up X P P P P P X P X X X P P
     Rental Service Establishment X X P P P X X P X X X X
     Repair Service Establishment X X P P X P X P X X X X X
    Personal Wireless Service Facilities 531.37 See Section 531.37
    Pet Service (Kennel) Establishments 531.38 X X P P X X X P X X X P X
    Public Community Uses 531.39 AP AP AP AP AP AP AP AP AP AP X AP/SP P
    Public Use Facilities 531.40 AP AP AP AP AP AP AP AP AP AP X AP P
     Post Offices AP AP AP AP AP AP AP AP AP AP X AP P
    Radio, TV, Communications, Microwave Facilities X X P P P P X P X X X X P
    Railroad Switching/Classification Yard X X X X P P X X X X X X P
    Recreation, High Intensity 531.41 X X P X X P P P X X X X X
    Recreation, Low Intensity 531.41 AP AP AP AP AP AP AP AP AP AP AP AP X
    Recreation, Medium Intensity 531.41 X X P X X P P P X X X X X
    Recreation, Passive 531.41 P P P P P P P P P P AP P
    Recreation, Rural 531.41 X X X X P P X X X X X X X
    Recreational Vehicle Parks and subdivisions 531.42 X X P X X X X P P X X X X
    Recreational Vehicle/Mobile Home Sales, Rental & Leasing 531.43 X X P X X X X P X X X X
    Rehabilitation Center 531.44 P P P P P P P P P P X P X
    Research and Development Activities X X X P P P X P X X X X P
    Recovery Home, Large 531.45 X P P X X P X P X X X X X
    Recovery Home, Small 531.45 P P P X X P X P P P X P X
    Residential Treatment Facilities 531.46 P X X X X P X P X X X P X
    Residential Use: Duplexes 531.47 P X X X X P X P X X X X X
    Residential Use: Single Family Semi-Detached Dwellings 531.47 P X X X X P X P X X X X X
    Residential Use: Multiple Family Dwellings 531.47 P X X X X P P P X X X X X
    Residential Use: Triplex and Quadruplex Dwellings (Multifamily, four (4) units maximum) 531.47 P X X X X X P P X X X X X
    Residential Use: Waterfront Structures, Multi-Family 531.47 P X X X X X P P X X X P X
    Residential Use: Waterfront Structures (Residential) 531.47 AP X X X X X AP AP AP AP X AP X
    Residential Use: Single Family, Attached Dwellings (3 to 9 units) 531.47 P X X X X P P P X X X X X
    Residential Use: Single Family, Detached Dwellings 531.47 P X X X X P P P X X X P X
    Restaurant 531.48 X P P P P X P P X X X X P
     Dog Dining 531.48 X P P P P X P P X X X X P
    Retail Sales, Neighborhood Convenience 531.49 X P P P P X P P P P X P X
     Medical Marijuana Treatment Center Dispensing Facility 531.49 X P P P P X P P P P X P X
    Retail Sales, General 531.49 X P P P P X P P P P X P X
    Sawmills 531.1 X X X X P X X P X X X X P
    Schools, College/Universities 531.50 X X X X X P X P X X X X X
    Schools, Elementary 531.50 P P X P X P X P X X X P X
    Schools, High and Middle 531.50 P P X P X P X P X X X P X
    Schools of Special Education 531.50 P P P P X P X P X X X P X
    Service Station 531.51 X X P X P X X P X X X P
    Sexually Oriented Businesses 531.52 See Section 531.52
    Slaughterhouses 531.1 X X X X SP X X P X X X X X
    Solid Waste Management Facilities 531.53 X X P X P P X P X X X X X
     Landfills 531.53 X X X X X P X X X X X X X
    Stockyards and Feedlots 531.1 X X X X P P X P X X X X X
    Utility Use 531.54 SP AP AP AP AP AP AP AP AP AP AP/SP AP P
     Alternative Energy Generation Facility 531.54 X X X X P P X X X X X X P
    Utility Use, Heavy 531.54 X X X X X P X X X X X X X
    Vehicle Repair: Major 531.56 X X P X P X X P X X X X P
    Vehicle Repair: Community Serving X X P X P X X P X X X X X
    Vehicle Repair: Neighborhood Serving X X P X P X X P X X X X X
    Vehicle Sales, Rental, Leasing 531.57 X X P X P X X P X X X X
    Veterinary Clinic 531.58 X P P P X X X P X X X P X
    Veterinary Hospitals 531.58 X X P X P P X P X X X X X
    Warehouses 531.59 X X X P P P X P X X X P X
    Water Dependent Uses X X X X X X P P X X X X X
    Wholesale Trade Establishment X X P P P X X P X X X X X

     

    AP = Administrative Permit; SP = Special Permit, P = Permitted,

    X = Not Permitted

    AP/SP = Administrative Permit required as specified in Chapter 3 or elsewhere in this Code.

    NOTES:

    • Uses identified as "Permitted Uses" in all Planned Development Districts may be permitted with approval of a General Development Plan. PD zoning in itself does not constitute approval to develop.

    • Uses may be further restricted or modified by the overlay district regulations.

    • Notwithstanding the development review procedures set forth in this table or any other provision of this Code, the development review procedures required pursuant to Chapter 3 shall control when the project requires Special Approval pursuant to any provision of the Comprehensive Plan.

    Hotels are allowed only where the underlying Future Land Use category is Industrial-Light (IL).

    (Ord. No. 16-31 , § 3(Exh. A), 11-13-16; Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4); 11-15-16; Ord. No. 17-30 , § 4(Exh. B), 9-7-17; Ord. No. 17-47 , § 3(Exh. A-2), 9-7-17; Ord. No. 18-22 , § 3(Exh. A-2), 6-7-18; Ord. No. 18-18 , § 3(Exh. A-2), 8-23-18)

    Editor's note— See the editor's note to Table 4-7.

    402.6.   General Design Requirements for all Planned Development Site Plans.

    In addition to the specific requirements stated in the following sections for each PD district, planned developments shall meet the following standards. Compliance must be demonstrated at the Preliminary Site Plan approval stage.

    A.

    Physical Characteristics of the Site; Relation to Surrounding Property. The tract shall be suitable, or it shall be possible to make the tract suitable, for development in a manner proposed without hazard to persons or property, on or off the tract, without risk of erosion, subsidence, flood hazard, destruction of wetlands or other dangers. Conditions of soil, ground water level, drainage and topography shall all be appropriate to both type and pattern of the proposed use.

    B.

    Relation to Public Utilities, Facilities and Services. Planned development districts shall be located in relation to transportation systems, sanitary sewers, emergency services, schools, public safety, water lines, storm and surface drainage systems and other utilities systems and installations to ensure that services can reasonably be expected to be available at the time of request for Certificate of Level of Service.

    C.

    Relation to Major Transportation Facilities. Planned development districts, where appropriate because of the size or intensity of proposed districts, shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed, as to provide access to and from such districts without creating excessive traffic along minor streets in residential neighborhoods outside the district.

    D.

    Compatibility. Planned development districts shall be located and designed so as to minimize the negative effects of external impacts resulting from factors such as traffic, noise or lights. Project control shall be accomplished through such techniques as buffering, architectural design, site design, height limitations, and density or intensity limitations.

    E.

    Transitions. Planned development districts shall be responsive to the character of the area. When located in an area where land use types and/or intensities or densities vary, Planned Development districts shall be designed in such a manner as to provide for gradual changes in intensity and/or density.

    F.

    Design Quality. All site plans in Planned Development districts shall be designed in such manner to address all of the criteria as set forth in this section and shall generally be superior in design to conventional development site plans, and consistent with all other factors in this Section. All Planned Developments proposing specific approval of requirements for development under standard zoning district regulations shall be designed so as to be sensitive to the impacts of the specific approval requested.

    G.

    Relationship to Adjacent Property. Projects in Planned Development districts shall include additional screening, buffering, transitional uses or other design features as necessary to adequately protect existing or probable uses of surrounding property; and shall provide functional and logical linkages to activity centers and circulation facilities on such adjacent property.

    H.

    Access. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes, or traffic dividers and extra width of the approach street shall be required where existing or anticipated traffic flows indicate need. The location of specific access points shall not be required at the General Development Plan stage in the PDEZ District.

    Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes traffic friction, and excessive interruptions.

    Pedestrian access shall, where practical, be separated from vehicular access points in order to reduce congestion, friction and hazards, except where signalization is used in such a manner as to control pedestrian and vehicular movement safety.

    I.

    Streets, Drives, Parking and Service Areas. Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities. Commercial and office uses shall be grouped in relation to parking areas so that after visitors arrive by automobile, establishments can be visited with a minimum of internal automotive movements. Facilities and access routes for deliveries, servicing and maintenance shall be located and arranged to prevent interference with pedestrian traffic. Loading zones where customers pick up goods shall be located and arranged so as to prevent interference with pedestrian movement, fire lanes, and other vehicular travel ways.

    For all rights-of-way and private streets in planned developments, the following minimum design considerations shall be adequately addressed:

    1.

    Safe vehicular travel;

    2.

    The manner in which pedestrians, including the physically handicapped, can traverse in the planned development;

    3.

    Structural stability of all construction materials;

    4.

    Utility distribution, power, sewer, cable, potable water and fire protection routing, location, and sizing;

    5.

    Horizontal and vertical sight distances;

    6.

    Traffic safety requirements;

    7.

    Emergency vehicle maneuverability and access;

    8.

    Logical future extension of inter-neighborhood ties.

    J.

    Pedestrian Systems. Development in all Planned Development districts shall provide internal or external walkways where pedestrian circulation requires them.

    The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations, within and adjacent to the district, with a minimum of conflicts with vehicular traffic.

    Pedestrian systems through buildings shall be related to a network of exterior open spaces reserved for pedestrian use and enjoyment, consistent with the handicap accessibility standards. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district, and shall connect to principal access points within and outside the district.

    Access for pedestrians and cyclists entering or leaving the district shall be by safe and convenient routes. Where there are crossings of pedestrian ways and vehicular routes at edges of Planned Developments, such crossings shall be safely located, marked and controlled, and where such ways are exposed to substantial vehicular traffic at edges of districts, safeguards shall be required to prevent crossings, except at designated points. Bicycle or pedestrian paths, if provided, shall be so related to the vehicular system that street crossings are combined.

    K.

    Natural and Historic Features, Conservation and Preservation Areas. Development in Planned Development districts shall be designed to preserve the natural features of the land, such as existing trees and natural topography, and archaeological and historic resources, as much as possible.

    L.

    Density/Intensity. Density and/or intensity shall not exceed maximums established in the Comprehensive Plan. Planned development district densities/intensities shall be established after consideration of the Comprehensive Plan criteria and limits, neighborhood compatibility, transitions, and site design.

    M.

    Height. Height in a specific Planned Development district shall be determined after review of the nature of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed.

    N.

    Fences and Screening. Fences or vegetative screening at periphery of Planned Development district shall be provided to protect occupants from undesirable views, lighting, noise or other off-site influence, or to protect occupants of adjoining districts from similar adverse influences. When adjacent development is of either similar use or intensity, such screening may be reduced at the discretion of the Department Director.

    O.

    Yards and Setbacks. Yard and setback requirements shall be consistent in each Planned Development district to promote general health, safety, welfare, design excellence and neighborhood compatibility. Notwithstanding other required wetland and jurisdictional buffer requirements, all setbacks within a Planned Development subphase shall maintain consistency with the approved General Development Plan or preliminary site plan throughout the development. All proposed setbacks shall be shown on the General Development Plan or preliminary site plan in either graphic or tabular form.

    P.

    Trash and Utility Plant Screens. In the Planned Development district all central refuse, trash and garbage collection containers shall be screened from sight or located in such a manner so as not to be visible from any public area within or adjacent to the Planned Development district.

    Q.

    Signs. Signs in the Planned Development district shall be in accordance with Chapter 6.

    R.

    Landscaping. Landscaping shall be equal to or exceed the standards stipulated pursuant to Section 701, Landscaping and Screening Standards.

    S.

    Special Guidelines for Review of Projects with Mixed Use Plan Designations and Projects at Designated Entranceways. The Comprehensive Plan establishes interstate interchanges as critical gateways to Manatee County. In these areas, additional scrutiny shall be given to the potential visual impacts of the proposed projects, pursuant to Section 900.

    T.

    Environmental Factors.

    1.

    Water Conservation. Creative site development concepts shall be used in order to promote water conservation. Water requirements may be reduced by providing for:

    a.

    The preservation of existing plant communities;

    b.

    The reestablishment of native plant communities;

    c.

    Limited amount of lawn grass areas;

    d.

    The use of site specific plant materials;

    e.

    The use of shade trees to reduce transpiration rates of lower story plant materials;

    f.

    Site development that retains stormwater runoff on site;

    g.

    The use of pervious paving materials;

    h.

    Site development that addresses the carrying capacity of the land in its present form; and

    i.

    Other environmentally sensitive site development concepts.

    2.

    Minimum Open Space Requirements. Minimum open space requirements shall be established based upon a site-specific evaluation of the project and surrounding land uses.

    3.

    Preservation of Existing Plant Communities.

    a.

    Existing native plant communities on sites proposed for development should be preserved and incorporated into the required open space wherever possible. Existing native plant communities that are specified to remain shall be preserved in their entirety, with all desirable trees, understory, and ground covers left intact and undisturbed. In most cases, preservation of existing native plant communities will decrease the initial costs of site development, decrease future water and maintenance requirements and enhance the aesthetic appearance of the property.

    b.

    When existing native plant communities occur on a parcel of land and are located within planned open spaces, thirty-five (35) percent of the required open space or seventy-five (75) percent of the existing native plant communities, whichever is less, shall be in the form of preserved native plant communities.

    U.

    Rights-of-Way and Utility Standards. All improvements shall adhere to the requirements of the County's administrative procedures for all public and private rights-of-way construction.

    V.

    Stormwater Management. Stormwater management facilities shall adhere to the requirements of Section 801, Stormwater Management, and the County's administrative procedures.

    W.

    Consistency with Comprehensive Plan. No Planned Development shall be approved if it is inconsistent with the Comprehensive Plan.

    X.

    Other Factors. Other factors shall be applied which:

    1.

    Address views from interstates and major connectors;

    2.

    Generally require greater open space than permitted in standard districts;

    3.

    Prohibit visible exterior storage;

    4.

    Prohibit parking and loading areas adjacent to interstate and connectors;

    5.

    Provide quality construction material and superior design;

    6.

    Maximize use of buffers and berms; and

    7.

    Otherwise encourage the establishment of high quality projects at these critical locations.

    In the case of a site plan subject to Board approval (for example, a General Development Plan or preliminary site plan considered in conjunction with a rezone to a Planned Development district), such factors shall be addressed and considered in the staff review of the site plan and the consideration of the site plan by the Planning Commission.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.7.   PDR—Planned Development Residential.

    A.

    Intent. It is the intent of these regulations to provide for development of residential areas in areas adequately served or in areas which can be served by necessary utilities and services, in locations that are compatible with adjacent and surrounding land uses in accord with the goals, objectives, and policies of the Comprehensive Plan and in compliance with the standards set forth herein.

    It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking and service areas, and landscaped open space will provide for internal convenience and ease of use as well as external compatibility. It is further intended that PDR districts may provide a broad range of housing types appropriate to the general need of the area served.

    Uses in PDR districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria and other applicable Comprehensive Plan criteria.

    B.

    Permitted Uses. Permitted uses are identified in Table 4-9.

    C.

    Density. PDR districts shall be consistent with the Comprehensive Plan density requirements.

    Projects sponsored by community based non-profit organizations shall be eligible to receive density in excess of the maximum established in the Comprehensive Plan. The adopted Manatee County Housing Program shall establish the maximum degree to which the plan density may be exceeded. Individual limits shall be established with each development approval.

    D.

    PDR Standards.

    1.

    Site Planning. Site planning within the district shall provide protection of the development from potentially adverse surrounding influences. The orientation of the development shall generally be toward internal streets and pedestrian systems and away from adjacent local streets and other adjacent land uses. In particular a buffer of a minimum of twenty (20) feet wide shall be provided along district boundaries which abut and run parallel to any public road in the PDR District.

    2.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, an area equal to at least twenty-five (25) percent of the land area of the district shall be reserved for landscaping and permeable open areas, for projects developed under common ownership, and shall be improved and maintained by the developer/homeowner's association. For projects within the watershed overlay districts, the percentage of open space shall increase to thirty-five (35) percent for new residential projects. Single family residential subdivision projects shall have an area equal to at least twenty-five (25) percent of the land area of the district for landscaping and open areas, and may utilize the area of water bodies contained entirely within the site, not to exceed seventy-five (75) percent of the total open space requirement, or a portion of the total open space proposed for the site, with all such open space improved and maintained by the developer/homeowner's association. (See the definition of Open Space.)

    3.

    Frontage and Accessibility. Every dwelling unit or other use permitted in the Planned Development shall have vehicular access to a public street either directly or via an approved private street, pedestrian way, court, or other area dedicated to public use or private use, or common element guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. Adequate emergency vehicular access is required to every dwelling unit.

    4.

    Neighborhoods. All Planned Residential Developments shall be designed in such a manner as to promote neighborhoods. This shall be done by creating a neighborhood focal point within the development such as water bodies, recreation areas or community centers. Other methods of achieving neighborhood unity include: use of natural features, unified theme, use of greenbelts and pedestrian/bikeway corridors.

    5.

    Greenbelts. In order to promote and enhance the creation of unique neighborhood units, each distinct neighborhood shall be bordered by a continuous greenbelt buffer measuring fifteen (15) feet in width and containing one (1) shade tree, meeting minimum planting size standards in Section 715, planted every thirty (30) feet on center. Greenbelts are to be so planned that where two (2) PDR districts abut one another, the greenbelt buffer areas are contiguous. Streets and utilities providing inter-neighborhood ties may be permitted to pass through greenbelt buffer areas.

    In PDR Districts consisting entirely of fifteen (15) or less single-family lots, greenbelt width may be reduced to ten (10) feet.

    6.

    Traffic Circulation. Provide for inter-neighborhood ties; however, the neighborhood focal points shall not be located, when possible, along collector/connector roads.

    7.

    Yards and Setbacks. For each PDR District yard and setback requirements shall be established which promote general health, safety, welfare, design excellence and neighborhood compatibility. Yard and setback standards shall be consistent within each Planned Development district or "phase." Each new planned development project may propose specific setbacks for that project. Unless otherwise specified within the development approvals, the following minimum yard requirements shall apply to all previously approved projects:

    Minimum front yard of twenty (20) feet, except that all front loaded garages and carports shall have minimum setbacks of twenty-five (25) feet

    Minimum side yard of eight (8) feet

    Minimum rear yard of fifteen (15) feet

    If no minimum setbacks are established for the project at the General Development Plan stage, the minimum standards shall be:

    Minimum front yard—twenty-five (25) feet

    Minimum side yard—eight (8) feet

    Minimum rear yard—fifteen (15) feet

    8.

    Minimum Lot Width. If no minimum lot width is established at the General Development Plan stage, then the minimum lot width shall be sixty (60) feet for single-family residences.

    9.

    Building Height. The maximum height in the PDR District is thirty-five (35) feet. Telecommunication towers shall not exceed a maximum height of one hundred fifty (150) feet.]

    Requests to increase height above thirty-five (35) feet may be approved by the Board of County Commissioners after review of the nature of surrounding uses, and the criteria listed below. The Board shall make a determination that the proposed development is compatible with the surrounding area and will not create any external impacts that would adversely affect surrounding development, existing or proposed, waterfront vistas or entranceways. An applicant requesting an increase in building height over thirty-five (35) feet, shall provide, at the time of public hearing, conceptual architectural drawings, elevations and plan views, showing the buildings and their relationship on the property.

    a.

    Compatibility. Whether the height of the proposed development creates any external impacts that would adversely affect surrounding development, existing or proposed, waterfront vistas or entranceway areas.

    b.

    Relationship to Adjacent Properties.

    i.

    Whether the proposed building(s) has varied setbacks giving the appearance of less bulk to the street frontage and adjacent buildings. Whether the minimum setback is equal to the proposed height of the building, with variations a minimum of five (5) feet in depth.

    ii.

    Whether the heights of buildings step down or otherwise provide an appropriate transition to adjacent properties.

    iii.

    Whether the site is designed to provide a desirable transition from the street, pedestrian areas, and parking areas to the buildings.

    c.

    Roofline Design. Whether the proposed building(s) has/have an articulated roofline, including elements such as windows, balconies and other architectural features. (See Figure 4-1.)

    Figure 4-1: Articulated Roofline
    Fig4-1.png

    d.

    Facade Design.

    i.

    Whether the proposed building(s) have facade modulations and varied rooflines. (See Figure 4-2.)

    Figure 4-2: Facade Modulations and Varied Rooflines
    Fig4-2.png

    ii.

    Whether buildings greater than thirty-five (35) feet in height provide a graduated step back on higher stories. (See Figure 4-3.)

    Figure 4-3: Facade Modulations, Graduated Stepback on Higher Stories
    Fig4-3.png

    e.

    Building Materials.

    i.

    Whether building materials are compatible and/or complementary with the adjacent existing construction.

    ii.

    Whether materials have superior architectural character, selected for consistency and compatibility with adjoining buildings.

    iii.

    Whether materials selected are suitable with the type of buildings proposed and the design in which they are to be used.

    f.

    Open Space. Whether the provided open space exceeds the required minimums.

    g.

    Comprehensive Plan. Whether the project as proposed is designed to implement the policies of the Comprehensive Plan.

    (Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.8.   PDMH—Planned Development Mobile Home.

    A.

    Intent.

    It is the intent of these regulations to provide for development of mobile home parks as residential areas in areas adequately served or in areas which can be served by necessary utilities and services, in locations that are compatible with adjacent and surrounding land uses in accord with the goals, objectives, and policies of the Comprehensive Plan and in compliance with the standards set forth herein.

    It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking and service areas, and landscaped open space will provide for internal convenience and ease of use as well as external compatibility.

    B.

    Permitted Uses and Density/Intensity.

    Permitted uses are identified in Table 4-9. A PDMH district may include units designated as recreational vehicles, subject to the limitations of the Comprehensive Plan regarding commercial uses, and subject to the requirements of F.S. § 513.014, so long as at least fifty-one (51) percent of the units within the site are designated for mobile homes.

    C.

    Permitted Accessory Uses and Structures.

    Uses and structures which are customarily and clearly incidental to permitted principal uses and structures, shall be permitted. Such accessory uses may include but are not limited to:

    1.

    Non-commercial low intensity recreation facilities.

    2.

    Centralized facilities for park offices, maintenance facilities, dumping stations, toilets, showers and laundry, for the exclusive use of all park residents.

    3.

    Park Manager or caretaker residence of either a mobile home, one-family or two-family dwelling with a limit of two (2) dwelling units maximum, for the exclusive residence of the park management or caretaker.

    4.

    Centralized enclosed storage structures and storage garage facilities, with use limited to park residents only. No such structure shall be located within any required yard setback, any required perimeter buffer of the mobile home development, or any utility or drainage easement.

    5.

    Accessory service uses shall be for the exclusive use of the park residents only, and shall be limited to the following:

    Aggregate Total Square Foot Area
    Non-commercial low intensity recreation facilities NA
    Retail sales establishments 1,000
    Personal service establishments 1,000
    Food service establishments 3,000
    Child care centers 3,000

     

    6.

    All accessory uses are subject to the following restrictions:

    a.

    Such accessory service uses and the parking areas primarily related to their operations shall not occupy more than five (5) percent of the gross area of the park, except for non-commercial outdoor recreation facilities.

    b.

    Such accessory service uses shall present no visible evidence of the commercial character from any street outside the park.

    c.

    The structures housing such accessory service facilities shall not be located closer than one hundred (100) feet to any public street; shall not be directly accessible from any public street, and shall be accessible only from a street within the park.

    d.

    Such uses otherwise conform to the applicable regulations of the NC-S Neighborhood Commercial Small District.

    e.

    Accessory service uses shall be specifically requested with the application for PDMH.

    D.

    PDMH Standards.

    1.

    Nature of Surrounding Land Uses. The nature of surrounding land uses shall be considered in order to ensure that the intensity of the proposed mobile home park will not create external impacts that adversely affect surrounding uses.

    The nature of surrounding land uses shall be considered in order to ensure that the intensity of the proposed mobile home park provides, where appropriate, a transition between surrounding uses.

    2.

    Access. Available access shall be evaluated in order to ensure that the intensity of the proposed mobile home park will not adversely impede the free flow of traffic on the streets serving the district.

    3.

    Site Plan Sufficiency. The proposed site plan shall be evaluated to ensure consistency with the following criteria:

    a.

    Landscaped and Pervious Area Requirements. At least twenty-five (25) percent of the land area to the district shall be reserved for landscaping and permeable open areas, and shall be improved and maintained accordingly, such areas may include landscaped buffers, vegetated yards, parking area screening, landscaped islands, mulched or vegetated play or seating areas and areas paved with permeable paving blocks. No more than twenty-five (25) percent of the required landscaped and pervious area shall be composed of permeable paving block.

    b.

    Buffers. Perimeter buffers shall be required along all streets abutting the PDMH and along all other boundaries. There shall be a landscaped buffer strip not less than fifty (50) feet in depth along all streets abutting the PDMH, and a landscaped buffer strip not less than fifteen (15) feet in depth along the other boundaries of the mobile home park except where such boundaries abut a residentially zoned district or an area designated in the Comprehensive Plan for residential development, the buffer shall be seventy-five (75) feet. Streets shall not be permitted in the landscape buffer, except where providing direct access off-site and in such case shall run perpendicular through buffer. Screening shall be provided as appropriate.

    c.

    Dimensional Regulations. PDMH projects shall be subject to the following dimensional requirements unless other guidelines are specifically approved by the Board:

    Minimum Site Area For:
    Single Wide Park Trailer 1,200 sq. ft.
    Single Wide Mobile Home 3,000 sq. ft.
    Double Wide Mobile Home 3,000 sq. ft.
    Triple Wide Mobile Home 4,750 sq. ft.
    Non-residential site 10,000 sq. ft.
    Management or caretakers dwelling unit 10,000 sq. ft.
    Minimum Width For:
    Single Wide Park Trailer 35 feet
    Single Wide Mobile Home 40 feet
    Double Wide Mobile Home 50 feet
    Triple Wide Mobile Home 60 feet
    Non-residential site or dwelling 75 feet
    Minimum Yards 5 feet
    Minimum Floor Area:
    Single Wide Mobile Home 600 sq. ft.
    Double Wide Mobile Home 850 sq. ft.
    Single Wide Park Trailer 375 sq. ft.
    Maximum Height:
    Non-Residential 35 feet
    Residential 15 feet

     

    4.

    Site Conditions.

    a.

    Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. All mobile home sites shall conform to the applicable requirements of Section 801, Stormwater Management and Section 802, Floodplain Management.

    b.

    The approval of any new mobile home site shall be prohibited within the Hurricane Vulnerability Area of the Coastal Area.

    E.

    Required Improvements for All Areas Except Designated Camping Areas.

    1.

    Generally. All standards and improvements required in Chapters 3, 8 and 10 shall be required in PDMH projects; however, dedication of street rights-of-way to the County shall be prohibited for internal streets.

    2.

    Utilities. All mobile homes and mobile home sites shall be connected to utilities in compliance with the Manatee County Building Code. Electrical meters shall not be energized for any mobile home site until a Certificate of Occupancy has been issued unless approved otherwise by the Building Official, in conjunction with a development order approval.

    3.

    Parking Pads and Tie-Downs Required. Each mobile home site shall contain a dustless surface vehicular parking pad. Each mobile home shall be tied down in accordance with the manufacturer's instructions and Chapter 15C of the Florida Administrative Code, Manatee County Building Code or other applicable law.

    4.

    Garbage and Trash. Park management shall be strictly responsible for internal trash and garbage collection. Central park collection points shall be sited and screened in accordance with the requirements of this code and the Public Works Manual.

    5.

    Required Recreation/Storm Shelter Building. Within all new PDMH projects containing twenty-five (25) or more lots, a building shall be constructed which complies with the requirements of Section 511.4.

    6.

    Application Requirements. Each application for a PDMH district must clearly specify the type of units which are being requested and the designation of the sites where units will be located, including a specific description and location of any sites designated for recreational vehicles.

    7.

    Review. The review will include compliance with safety, flood protection, building and other Land Development Code requirements.

    ( Ord. No. 15-29, § 3(Exh. A), 12-3-15 ; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.9.   PDRV—Planned Development Recreational Vehicle.

    A.

    Intent. PDRV districts shall hereafter be established in accordance with the general requirements, standards, and criteria set forth in this chapter. It is the intent of this district to provide a limited opportunity for existing recreational vehicle parks to formalize their existing development pattern and establish guidelines for further operation and expansion, and to provide criteria and regulations for the development of new recreational vehicle parks. The requirements of Sections D, E, and F, below, shall be met when existing RV parks are expanded. Existing parks shall not be required to meet minimum lot area, lot size, and the dustless parking pad requirements.

    B.

    Permitted Uses and Density/Intensity. Permitted uses are identified in Table 4-9. PDRV districts do not permit new attachments to recreational vehicles other than open canvas awnings having no walls, rollup screen enclosures, pop-out units and similar attachments which are integral to the unit as originally manufactured. Portions of individual PDRV districts which permit recreational vehicles shall be considered commercial and are limited to twelve (12) sites per acre.

    A PDRV district may include sites designated for mobile home, subject to the limitations of the Comprehensive Plan regarding residential uses, and subject to the requirements of F.S. § 513.014, so long as at least fifty-one (51) percent of the units within the site are designated for recreational vehicles.

    C.

    Permitted Accessory Uses and Structures for the Park or Subdivision. Uses and structures which are customarily and clearly incidental to permitted principal uses and structures shall be permitted.

    1.

    Such accessory uses shall only include the following:

    a.

    Non-commercial low intensity recreation facilities.

    b.

    Centralized facilities for park/subdivision offices, maintenance facilities, dumping stations, toilets, showers and laundry, for the exclusive use of all park visitors.

    c.

    One mobile home, one-family or two-family dwelling with a limit of two (2) dwelling units maximum, for the exclusive residence of the park/subdivision management or caretaker.

    d.

    Centralized enclosed storage structures and storage garage facilities, with use limited to park visitors only. No such structure shall be located within any required yard setback, any required perimeter buffer of the recreational vehicle park/subdivision, visibility triangle or any utility or drainage easement.

    e.

    Accessory service uses for the exclusive use of the park residents only, shall be limited to the following:

    Maximum Gross Floor Area
    Non-commercial low intensity recreational facilities NA
    Retail sales establishments 1,000 sq. ft.
    Personal service establishments 1,000 sq. ft.
    Food service establishments 3,000 sq. ft.
    Child care centers 3,000 sq. ft.
    Recreational vehicle, model units, sales and service 7,500 sq. ft.

     

    2.

    All Accessory Uses are subject to the following restrictions:

    a.

    Such accessory service uses and the parking areas primarily related to their operations shall not occupy more than five (5) percent of the gross area of the park except for non-commercial outdoor recreation facilities.

    b.

    Such non-retail accessory service uses shall present no visible evidence of the commercial character from any street outside the park.

    c.

    The structures housing such accessory service facilities shall be accessible only from a street within the park.

    d.

    Such uses otherwise conform to the applicable regulations of the NC Neighborhood Commercial District.

    e.

    Accessory service uses shall be specifically requested with the application for PDRV.

    D.

    PDRV Standards and Review Criteria.

    1.

    Nature of Surrounding Land Uses. The nature of surrounding land uses shall be considered in order to ensure that the intensity of the recreational vehicle park will not create external impacts that adversely affect surrounding uses. The nature of surrounding land uses shall be considered in order to ensure that the intensity of the recreational vehicle park provides, where appropriate, a transition between surrounding uses.

    2.

    Access. Available access shall be evaluated in order to ensure that the intensity of the recreational vehicle park will not adversely impede the free flow of traffic on the streets serving the district. A PDRV shall be located so that no entrance or exit from the park shall discharge traffic onto any residential district, nor require movement of traffic from the park through a residential district.

    3.

    Site Plan Sufficiency. The site plan shall be evaluated to ensure consistency with the following criteria:

    a.

    Landscaped and Pervious Area Requirements. At least twenty (20) percent of the land area to the district shall be reserved for landscaping and permeable open areas, and shall be improved and maintained accordingly, such areas may include landscaped buffers, vegetated yards, parking area screening, landscaped islands, mulched or vegetated play or seating areas and areas paved with permeable paving blocks. No more than twenty-five (25) percent of the required landscaped and pervious area shall be composed of permeable paving block.

    b.

    Buffers. Perimeter buffers shall be required along all streets abutting the PDRV and along all other boundaries. There shall be a landscaped buffer strip not less than fifty (50) feet in depth along all streets abutting the PDRV, and a landscaped buffer strip not less than fifteen (15) feet in depth along the other boundaries of the recreational vehicle park except where such boundaries abut a residentially zoned district or an area designated in the Comprehensive Plan for residential development, where the buffer shall be seventy-five (75) feet. Streets shall not be permitted in the landscape buffer, except where providing direct access off-site and in such case shall run perpendicular through buffer. Screening shall be provided as appropriate.

    c.

    Dimensional Regulations. PDRV projects shall be subject to the following dimensional requirements. Existing lots and sites in existing parks and subdivisions are exempt from the minimum site area and minimum lot width requirements.

    Minimum Site Area For:
    Rec. Vehicle without attachments 1,200 sq. ft.
    Site in designated camping area 1,200 sq. ft.
    Non-residential site 10,000 sq. ft.
    Dwelling unit 10,000 sq. ft.
    Minimum Width For:
    Mobile home site 35 feet
    RV site 30 feet
    Site in designated camping area 20 feet
    Non-residential site 75 feet
    Minimum Yard—Non-Residential See Neighborhood Commercial Small Standards
    Minimum Yards—Residential 5 feet
    Maximum Height:
    Non-Residential 35 feet
    Residential 15 feet

     

    4.

    Site Conditions, Flood Hazards. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. All recreational vehicle sites shall conform to the applicable requirements of Section 801, Stormwater Management and Section 802, Floodplain Management.

    E.

    Required Improvements for All Areas Except Designated Camping Areas.

    1.

    Generally. All standards and improvements required in the Manatee County Subdivision Regulations and Development Standards shall be required in PDRV projects; however, dedication of street rights-of-way to the County shall be prohibited for all internal streets.

    2.

    Utilities. All recreational vehicles and recreational vehicle sites shall be connected to utilities in compliance with Manatee County Building Code, in a manner that maintains the ability of the owner of each recreational vehicle to manually disconnect and travel. Electrical meters shall not be energized for any mobile home site until a Certificate of Occupancy has been issued unless otherwise approved by the Building Official, in conjunction with a development order approval.

    3.

    Parking Pads and Tie-Downs Required. Each site shall contain a stabilized vehicular parking pad composed of a dustless surface. Any recreational vehicle that the owner elects to tie down shall be tied down in accordance with the Manatee County Building Code, manufacturer's instruction, or other applicable law, in a manner that maintains the ability of the owner of the recreational vehicle to manually disconnect and travel.

    4.

    Garbage and Trash. Park management shall be strictly responsible for internal trash and garbage collection. Central park collection points shall be sited and screened in accordance with the Manatee County Public Works Standards.

    5.

    Required Recreation/Emergency Storm Shelter Building. Within all new and expanded PDRV projects containing twenty-five (25) or more lots, a building shall be constructed which complies with Section 511.4.

    F.

    Required Improvements for Designated Camping Areas.

    1.

    Streets in such areas shall be private and properly stabilized. Private streets shall be paved with a smooth, dustless surface, clearly marked as to internal circulation and direction of travel; and the minimum width:

    a.

    One-way vehicular travel—eighteen (18) feet of paving.

    b.

    Two-way vehicular travel—twenty-four (24) feet of paving.

    c.

    Cul-de-sac diameter—eighty (80) feet of paving.

    2.

    Each recreational vehicle site shall contain a dustless surface vehicular parking pad.

    3.

    No mobile home sites shall be allowed in designated camping areas.

    4.

    Sanitary facilities for designated camping areas shall be in accordance with requirements of the State of Florida and the County Health Unit and Section 802, Floodplain Management.

    G.

    Additions and Accessory Uses. Additions and accessory uses are only allowed to mobile homes. The addition shall be of a similar construction and is limited to screen rooms, carports, laundry and storage rooms, and family room. The addition of bathrooms and bedrooms is prohibited.

    H.

    Application Requirements. Each application for a PDRV district must clearly specify the type of units that are being requested and the designation of the sites where units will be located, including a specific description and location of any sites designated for mobile homes and sites designated for recreational vehicles. Included in the request for additions shall be the type of materials, specifications, and dimensional guidelines for the additions.

    I.

    Review. The review will include compliance with safety, flood protection, building and other Land Development Code requirements.

    J.

    Limitations. No recreational vehicle or mobile home shall be occupied in any area of the park except on a specifically approved site with individual sanitary, potable water and electrical hookups. There shall be no encroachment (from the finish grade up) in the required yards except for eaves, gutters, and air conditioning equipment. Eaves and gutters shall be at least eight (8) feet above grade and may extend two (2) feet into any required yard but not nearer than three (3) feet to a lot line.

    K.

    Time Limitations. In new or expanded parks or subdivisions, recreational vehicles may remain on-site for a limited period of time, not to exceed one hundred eighty (180) days within any three hundred sixty-five-day period.

    (Ord. No. 16-06 , § 3(Exh. A-3), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.10.   PDO—Planned Development Office.

    A.

    Intent. PDO districts shall hereafter be established in accordance with the general procedures, requirements, standards and criteria set forth in Section 603. It is the intent of these regulations to provide for development of offices at appropriate locations, in conformance with the goals, objectives, and policies of the Comprehensive Plan and in compliance with standards set forth herein.

    It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking and service areas, and landscaped open space will provide for internal convenience and ease of use as well as external compatibility. It is further intended that PDO districts shall provide a broad range of office facilities and services appropriate to the general need of the area served.

    Uses in PDO districts shall be consistent with the Comprehensive Plan requirements regarding permissible uses, intensity, locational criteria and other applicable standards.

    Additionally, PDO districts shall be located to facilitate ease and convenience of use; and where negative impacts on the surrounding transportation systems, public services and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; where the development will not encourage the expansion of office or commercial strip development along adjacent streets; and where the intensity of the project is consistent with the use that is provides.

    B.

    Permitted Uses. The uses permitted in PDO are listed in Table 4-9.

    C.

    Maximum Floor Area Ratio and Project Size. The floor area ratio and project size for a PDO district shall not exceed the maximum established in the Comprehensive Plan.

    D.

    PDO Standards and Review Criteria.

    1.

    Intensity Review Criteria. PDO districts shall be permitted a range of floor area ratios, heights, and square footages. Review of the criteria contained in this Chapter and Chapter 3, shall provide a basis for intensity determinations (floor area ratio, height and square footage).

    2.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, an area equal to at least twenty-five (25) percent the land area of the district shall be reserved for landscaping and permeable open space, and shall be improved and maintained accordingly. For projects within the watershed overlay districts, the requirement shall be thirty (30) percent for all non-residential projects.

    3.

    Yards and Setbacks. Yard and setback requirements shall be established for each PDO district which promote general health, safety, welfare and design excellence and neighborhood compatibility. A minimum front yard of twenty-five (25) feet and side yard of fifteen (15) feet, the minimum rear yard setback of fifteen (15) feet is required.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.11.   PDC—Planned Development Commercial.

    A.

    Intent. PDC districts shall hereafter be established in accordance with the general procedures, requirements, standards and criteria set forth in this section and Chapter 3. It is the intent of these regulations to provide for development of commercial centers in scale with surrounding market areas, at appropriate locations, in conformance with the goals, objectives, policies and locational criteria of the Comprehensive Plan and in compliance with standards set forth herein.

    It is further the intent to permit the establishment of such districts only where planned development with carefully located buildings, parking and service areas, and landscaped open space will provide for internal convenience and ease of use and is compatible with adjacent and surrounding land uses. It is further intended that PDC districts shall provide a broad range of commercial facilities and services appropriate to the general need of the area served.

    PDC districts shall be consistent with Comprehensive Plan requirements regarding permissible uses, maximum floor area ratio, maximum project size, intensity, locational requirements and other applicable standards. All RV Parks in the PDC District shall meet the standards and limitations of Section 531.42, RV Parks and Subdivisions.

    Additionally, PDC districts shall be located where they will facilitate ease and convenience of use; where negative impacts on the surrounding transportation systems, public services and surrounding land uses; where the use is compatible with surrounding land uses will be minimized; where the development will not encourage the expansion of office or commercial strip development along adjacent streets; and where the intensity of the project is consistent with the use that it provides.

    B.

    Permitted Uses. The uses permitted in PDC are listed in Table 4-9. Outdoor Storage in PDC shall comply with the standards of Section 531.36, Outdoor Storage.

    C.

    Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted.

    D.

    PDC Standards.

    1.

    Intensity. PDC districts shall be permitted a range of floor area ratios, heights, and square footages. Review of the criteria contained in this Chapter and Chapter 3 shall provide a basis for intensity (floor area ratio, height and square footage) determinations.

    2.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, at least twenty (20) percent of the land area of the district shall be reserved for landscaping and permeable open space, and shall be improved and maintained accordingly. For projects within the watershed overlay districts, the requirement shall be thirty (30) percent for all non-residential projects.

    3.

    Yards and Setbacks. Yard and setback requirements shall be established for each PDC district which promote general health, safety, welfare, design excellence and neighborhood compatibility. A minimum front yard of thirty (30) feet shall be required along all thoroughfare streets and thirty-five (35) feet along all local streets. A side setback of fifteen (15) feet is required. A rear yard setback of twenty (20) feet is required.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.12.   PDRP—Planned Development Research Park.

    A.

    Intent. It is the intent of the PDRP, Research Park district, to provide for the development of research facilities, high amenity specialized prototype development and testing activities, and corporate and general office uses while protecting nearby, existing and future residential uses and activities. The district will promote the proper location of permitted uses with regard to transportation and other public facilities, compatibility between uses internal and external to the district, development according to a plan which is in compliance with the Comprehensive Plan, and harmony in physical design.

    Because it is the intent of the PDRP district to have an internally and externally integrated development, the location of buildings and roadways shall be delineated on the site plan. The percentage mix of uses shall also be given on the site plan.

    Within the district, it is intended that uses shall be arranged horizontally or vertically such that:

    1.

    Major vehicular traffic flows and other disquieting influences are separated from surrounding residential areas;

    2.

    General office and permissible commercial uses are concentrated for maximum pedestrian convenience and located for easy accessibility by workers and visitors; and

    3.

    Certain research facilities and related uses are concentrated together where appropriate.

    Where such a district adjoins residential neighborhoods, the arrangement of buildings, uses, open space and vehicular access shall provide appropriate transitions and reduce potentially adverse effects by providing a transition between the residential districts and incompatible PDRP uses.

    Uses must be consistent with the Comprehensive Plan with regard to intensity, floor area ratio, project size, locational criteria and other standards.

    B.

    Location. PDRP districts shall be located where they will facilitate ease and convenience of use; where negative impacts on the surrounding transportation systems, public services and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; and where the intensity of the project is consistent with the use that it provides. PDRP districts shall be located only within the mixed use, light industrial, heavy industrial and urban industrial categories of the Comprehensive Plan.

    C.

    Permitted Uses. The uses permitted in PDRP are listed in Table 4-9.

    D.

    Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental, to permitted principal uses and structure, shall be permitted.

    Additionally, uses which are designed to primarily serve the occupants and visitors of the PDRP district, rather than as attractors of business from outside the district, shall be permitted as follows:

    1.

    Identified accessory uses may occupy up to fifty (50) percent of any building containing a principal use, provided the use complies with the Manatee County Building Code as adopted.

    2.

    Identified accessory uses occupying greater than fifty (50) percent of a structure or freestanding structures shall be located internally within the project with limited visibility from adjacent streets or surrounding properties; and shall have no direct access to adjacent streets outside of the district, provided the use complies with the Manatee County Building Code as adopted.

    E.

    Standards and Review Criteria.

    1.

    Intensity. PDRP districts shall be permitted a range of floor area ratios, heights, and square footages. In evaluating proposals, the criteria in this Chapter and Chapter 5 shall provide a basis for intensity controls (floor area ratios, height, square footage, setbacks).

    2.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, at least thirty-five (35) percent of the land area of the district shall be reserved for landscaping and permeable open space, and shall be improved and maintained accordingly. For projects within the watershed overlay districts, the requirement shall be thirty (30) percent for all non-residential projects.

    3.

    Yards and Setbacks. Yard and setback requirements shall be established for each PDRP district which promote general health, safety, welfare, design excellence, and neighborhood compatibility. A minimum front yard of forty (40) feet shall be required. The minimum side yard setback of fifteen (15) feet and the minimum rear yard setback of twenty (20) feet.

    4.

    Limitation on Open Air Operations. All research, manufacturing, processing or assembly operations and related operations shall be conducted completely within structures. No materials, supplies, equipment, or merchandise shall be stored outside of any structure. Overnight parking of service vehicles shall be permitted.

    5.

    External Effects. No noise, smoke, glare, vibration or odor from research, manufacturing, processing, assembly and related operations which is detectable outside the building shall be permitted within the boundary lines of a PDRP District. (See also Chapter 5, Part V.)

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.13.   PDI—Planned Development Industrial.

    A.

    Intent. It is intended that PDI districts shall encourage concentration of complimentary uses grouped adjacent to major streets or streets serving industrial areas, providing well planned development on sites with adequate frontage and depth to permit controlled access to streets and reduce marginal traffic friction; serve as an alternative to further extensions of industrial zoning allowing disorderly strip development; protect stability and property values in surrounding neighborhoods; and to establish complimentary groupings of related manufacturing, processing, assembly, research activities, distribution activities, offices and associated uses.

    Uses must be consistent with the Comprehensive Plan permitted uses, locational criteria, project size, intensity and other criteria.

    B.

    Location. PDI districts shall be located where they will facilitate ease and convenience of use; where negative impacts on the surrounding transportation systems, public services and surrounding land uses will be minimized; where the use is compatible with surrounding land uses; and where the intensity of the project is consistent with the use that it provides. PDI districts with light industrial uses may be located only within the light industrial, heavy industrial, urban industrial and mixed use categories of the Comprehensive Plan and PDI districts with heavy industrial uses shall be located only within the heavy industrial and urban industrial categories of the Comprehensive Plan.

    C.

    Permitted Uses. The permitted uses in PDI are listed in Table 4-9.

    D.

    Standards and Review Criteria.

    1.

    Intensity. PDI districts shall be permitted a range of floor area ratios, heights, and square footages. In evaluating proposals, the criteria contained in this Chapter and Chapter 3 shall provide a basis for intensity determinations (floor area ratio, height, square footage, and setbacks).

    2.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, at least twenty-five (25) percent of the land area of the district shall be reserved for landscaping and permeable open space, and shall be improved and maintained accordingly. For projects within the watershed overlay districts, the requirement shall be thirty (30) percent for all non-residential projects.

    3.

    Yards and Setbacks. Yards and setback requirements shall be established for each PDI district which promote general health, safety, welfare, design excellence, and neighborhood compatibility. A minimum of front yard of thirty (30) feet shall be required. The minimum side yard setback of fifteen (15) feet and rear yard setback of twenty (20) feet.

    4.

    Required Enclosures. Unless specifically approved otherwise, all permitted principal and accessory uses must be conducted entirely indoors, except as provided below.

    a.

    Products, Materials. Finished products awaiting shipment and materials awaiting processing must be stored within the buildings of the plant or within an area which is fenced or walled in a manner which will not permit the viewing of such activity from any public way, private street or from any other establishment.

    b.

    Merchandise. No outside storage, sale, or display of merchandise shall be permitted.

    c.

    Trash. All garbage, trash and waste materials must be stored indoors or in well-screened enclosures on the premises.

    E.

    Off-street Loading, Travelways and Parking Areas. Off-street areas for loading or handling of materials and products, travelways, and parking areas shall be paved with a smooth, all-weather, dustless surface, and conform to Section 1005.

    F.

    Disposal of Waste—Required Approval. Disposal of industrial or other wastes, gaseous, liquid or solid, shall be approved by the HRS/Manatee County Public Health Unit and/or other appropriate regulatory agencies.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.14.   PDW—Planned Development Waterfront.

    A.

    Intent. The PDW district is established to implement the provisions of the Manatee County Comprehensive Plan by providing a specialized district for marinas, boat liveries, boat yards and ways, and other waterfront uses that are oriented and enhanced by the water.

    1.

    The district is established to ensure that development within the coastal area is compatible with its natural character through the establishment of locational criteria and review guidelines which encourage innovative and creative design to facilitate use of the most advantageous construction techniques in the development of waterfront land uses; ensure ample provision and efficient use of open space; promote high standards in the layout, design and construction of development on navigable waters of the County; promote environmentally sensitive use of waterfront property; and preserve waterfront vistas.

    2.

    Uses must be consistent with the Comprehensive Plan criteria regarding uses, density, intensity, project size, maximum floor area ratio, and locational criteria, as applicable.

    3.

    It is the intent of the PDW district that marina-type uses not be located in areas where manatee sightings are frequent and it can generally be assumed that they inhabit these areas on a regular or continuous basis. These areas shall include, but not be necessarily limited to, those cited in F.S. § 379.2431(2)(g)12.

    4.

    Marina-type uses preferably should be located outside any Aquatic Preserve or any approved, or conditionally approved, shellfish harvesting area.

    5.

    Marina-type uses shall be encouraged to locate in areas which have been altered by man, particularly when such areas have historically been used for marine related activities.

    6.

    Waterfront development shall be prioritized as to whether the proposed use is (a) water-dependent; (b) water-related; (c) water-enhanced; (d) non-water dependent; or (e) non-water dependent resulting in irretrievable commitment of coastal resources. In order of listing, uses listed first shall be given the highest priority. Uses listed under (e) shall be given the least preference as a Planned Waterfront Development.

    7.

    It is also the intent of the PDW district to allow single family and multi-family dwelling units. If the proposed single family dwelling unit is located upon property zoned PDW with no General Development Plan approval, such unit shall be permitted by Building Permit. However, should multi-family dwelling units or multiple single family units be proposed, such development shall require General Development Plan approval.

    B.

    Permitted Uses. The uses permitted in PDW are listed in Table 4-9.

    C.

    Review Criteria. When evaluating an application for PDW, the following criteria shall be utilized in determining the appropriateness of the request, in addition to the criteria in Chapter 3.

    1.

    Protection of Waterway Bottom and Grassbeds. For bodies of water considered to be Outstanding Florida Waters, no new dredging is allowed unless it can be shown the proposed dredging is clearly in the public interest per Section 62-312, FAC. However, restrictions of the Comprehensive Plan prevail.

    2.

    Waterfront uses shall demonstrate sufficient upland area to accommodate all non-water dependent uses such as, but not limited to parking areas and restaurants.

    3.

    Proposed waterfront uses shall demonstrate no significant adverse impact on established recreational and commercial fishing activities.

    4.

    Dredging and filling of wetlands or open water in order to accommodate non-water dependent uses shall not be allowed. Exceptions may be granted in cases shown to be an overriding public interest, such as the presence of sensitive upland habitats.

    5.

    New marina-type uses shall be located only in areas having adequate depths for ingress and egress without dredging productive (vegetated) submerged areas. A minimum water depth of four (4) feet mean low water shall be required. Greater depth shall be required for those facilities designated for or capable of accommodating boats having more than a three-foot draft. These depth requirements shall apply to the area between the proposed facility and any natural or other navigational channel, inlet, or deep water. Marking of navigational channels may be required where necessary.

    6.

    In reviewing applications for docking facilities, ways to mitigate adverse environmental impacts of proposed or past activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation or restoration may be required as a condition of approval.

    7.

    Boat maintenance and other intense activities shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Runoff from boat maintenance activities must be collected and treated prior to discharge.

    8.

    Open wet slips shall be preferred to covered wet slips in design to reduce shading of water bodies which results in reduced biological productivity.

    9.

    Cumulative effects of several marinas/boat ramps in one area shall be considered in the review of proposed waterfront uses.

    10.

    All new/expanded marinas shall provide adequate capacity to handle sewage, either by means of on-site pumpout and treatment facilities or connection to a treatment plant. Applicants shall document the availability and capacity of the above sewage facilities to handle the anticipated volume of waste. All marinas with fueling facilities shall provide pumpout facilities at each fuel dock. Marinas which serve liveaboards shall provide direct connections to municipal sewage collections at every liveaboard slip.

    11.

    The applicant shall provide documentation of capability to respond as rapidly and effectively to contain any spills of petroleum or other hazardous materials. Documentation shall be in the form of a spill contingency plan, which shall include a list of clean-up equipment and where it will be stored, fuel pump operation and emergency shutdown procedures, and a description of the training which will be provided to marina personnel who will operate the pumps and deploy cleanup equipment. Also included shall be provisions for surprise drills and material/equipment testing.

    12.

    All marina-type uses shall demonstrate compliance with State Water Quality Standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Protection (FDEP).

    13.

    Grassbeds and other submerged habitat deemed valuable by the Florida Department of Environmental Protection (FDEP) shall be protected, regardless of their size.

    14.

    All fuel handling associated with residential docks shall meet all Local, State and Federal standards. No sale of fuel may occur from a residential waterfront structure.

    D.

    Operational Guidelines.

    1.

    Approved marina-type uses shall prepare hurricane preparedness plans;

    2.

    Approved marina-type uses shall prepare, if appropriate, a fuel management/spill contingency plan which shall describe methods to be used in dispensing fuel and all procedures, methods, and materials to be used in the event of a fuel spill;

    3.

    All basins for marina-type uses will be designated idle speed zones and access channels shall be designated slow speed zones;

    4.

    Approved uses shall comply with Florida Department of Environmental Protection Manatee Protection Plan when developed, if approved subsequent to the development of the DEP Plan; otherwise, uses utilizing waterfront access for boats shall:

    a.

    Construction. If the Department of Environmental Protection has identified the waters surrounding the Planned Development Waterfront District as an area frequented by the manatee, the West Indian Manatee shall be protected during the construction period. The contractor shall instruct all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. All personnel will be advised that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, and the Florida Manatee Sanctuary Act of 1978. The developer will be held responsible for any manatee harmed, harassed or killed as a result of construction of the project. All construction activities in open water will cease upon the sighting of manatees within one hundred (100) yards of the project area. Construction activities will not resume until the manatee have departed the project area. A log detailing sightings, collisions, or injury to manatees which have occurred during the construction period shall be kept.

    b.

    Post Completion. Following project completion, a report summarizing the above incidents and sightings shall be submitted to the Florida Department of Environmental Protection, Manatee Recovery Program (100 Eighth Ave., SE, St. Petersburg, FL 33701-5095) and to the U.S. Fish and Wildlife Service (2747 Art Museum Drive, Jacksonville, FL 32207).

    c.

    No Wake Zone. If the Department of Environmental Protection has identified the waters surrounding the Planned Marina Development District as an area frequented by the manatee, an idle/no wake speed zone shall be clearly marked in the channel from the marina facility to a point beyond the manatee area or to the Intracoastal Waterway. Signs are to be shown on Preliminary Site Plan.

    d.

    Signs.

    i.

    Manatee awareness signs shall be installed and maintained at prominent locations within the construction area/facility. A marina site plan shall be sent to the Florida Department of Environmental Protection, (FDEP) (100 Eighth Ave., SE, St. Petersburg, FL 33701-5095). FDEP personnel will specify sign locations.

    ii.

    The signs shall be 3′ × 4′, 125 gauge 61TS aluminum, covered with white, engineer-grade, reflective sheeting; black painted lettering; black screened design; and orange, engineer-grade, reflective tape border. The 3′ × 4′ "Caution Manatee Area" signs shall be fabricated to the specifications of the uniform waterway markings for design.

    iii.

    The installation of the 3′ × 4′ signs shall be made in accordance with the specifications of the Department of Environmental Protection for such signs. Sign installation specifications will be furnished to the permittee when sign locations are designated.

    iv.

    Placement and installation of signs will be certified as on designated stations to FDEP by the project Professional Engineer before the marina facility is in use.

    v.

    Signs and pilings are to remain the responsibility of the owner(s) and are to be maintained for the life of the marina in a manner acceptable to the Department of Environmental Protection.

    e.

    Collision. Any collision with a manatee shall be reported immediately on the manatee "hotline" (1-800-342-1821) and to the U.S. Fish and Wildlife Service, Jacksonville Endangered Species Field Station (904-791-2580).

    f.

    Educational Display. A permanent educational display shall be established and maintained at a prominent location to increase the awareness of boaters using the facility of the presence of manatees and need to minimize the threat of boats to these animals. The display should include information on the location of the facility with respect to boat speed zones in the area, the threat which boats pose to manatees and the manatee "hotline" number (1-888-404-FWCC), maintained by the Florida Fish and Wildlife Conservation Commission. Other information which may aid in the conservation of the species may be obtained from the Florida Department of Environmental Protection.

    g.

    Seagrass Replacement. A sea grass bed replacement and maintenance program shall be established by the property owner and approved by the Department of Environmental Protection when appropriate. This program shall include a baseline survey of sea grass beds which shall be submitted with the Preliminary Site Plan or next development plan and a program for replacement of sea grass beds disturbed during construction and any cumulative damage caused by increased boat traffic generated by the facility. The replacement ratio shall be two to one. A permit for the removal or transplanting of sea grass beds shall be obtained from the Department of Environmental Protection, Bureau of Aquatic Weeds, prior to approval of a final site plan.

    h.

    Boat Launch Facilities for Marinas. A marina shall include boat launch facilities for the use of the general public unless the applicant can demonstrate the infeasibility of providing such facilities.

    i.

    Restrooms for Marinas. Marinas shall have adequate restroom facilities in compliance with Health Department Regulations and the County Plumbing Code. Regulations prohibit the use of vessel toilets while moored unless these toilets are self-contained or have an approved treatment device.

    j.

    Garbage Receptacles for Marinas. Garbage receptacles shall be provided and maintained by the marina operator at several locations convenient to users.

    k.

    Pump-out, Holding, and Treatment Facilities for Wastes from Mobile Sources. Sewage, solid waste, and petroleum waste generated by vessels or vehicles on the site shall be collected and disposed of in a manner acceptable to state and local authorities regulating wastes from mobile sources.

    E.

    Design Standards for Allowed Uses or Special Uses.

    1.

    Generally. In addition to other standards contained in this section, the following standards apply to those uses which are water-dependent uses. Permitted water-dependent uses shall be designed to:

    a.

    Allow the free movement of aquatic life requiring shallow water;

    b.

    Maintain existing flood channel capacity; and

    c.

    Assure stable shoreline banks.

    2.

    Prohibitions. Development that encroaches on shoreline areas shall not be located:

    a.

    In areas where there is inadequate water mixing and flushing; or

    b.

    In areas identified in the Technical Support Document of the Manatee County Comprehensive Plan as hazardous due to high winds and flooding.

    3.

    Location of Non-water-dependent Accessory Uses. Access roads, parking lots, non-water-dependent accessory buildings and similar structures shall be located on upland sites.

    4.

    Requirement for Restoration of Damaged Shoreline Areas. Non-developed portions of shoreline areas that are altered during construction shall be restored or replaced through type for type replanting of vegetation, restocking of finfish, shellfish, and wildlife, re-establishment of drainage patterns, or other measures deemed appropriate by the Department Director. Vegetation shall be replanted as required to ensure eighty-five (85) percent survivability.

    5.

    Limitation of Accessory Uses. Accessory uses shall be limited to those that are water-dependent or necessary for operation of the development. Accessory uses will be consistent in scale and intensity with the surrounding uses. Fill shall not be placed in waters or associated wetlands to create usable land space for accessory uses.

    F.

    Special Design Standards Applying Within Buffers or Setbacks Adjacent to Shorelines.

    1.

    Native Vegetation. The development shall comply with Section 701 of this Code as regards landscaping.

    2.

    Point Source and Non-Point Source Discharges. Point source and non-point source discharges to DEP designated shellfish harvesting areas shall be prohibited, except for stormwater, which may be discharged only if it meets the following minimum standards:

    a.

    Stormwater management systems shall afford a level of treatment equal to one hundred fifty (150) percent of the treatment criteria specified in applicable sections of Chapter 25, Florida Administrative Code, as implemented through Chapter 40D-4.301(2), Florida Administrative Code.

    b.

    Any more stringent stormwater rule developed subsequent to adoption of this Code shall apply.

    3.

    Dredging. Dredging shall be conducted only as follows:

    a.

    Any channels constructed shall be of the minimum depth and width required to achieve the intended purposes. Sides of channels shall be sloped in a manner at will prevent slumping and erosion and allow revegetation.

    b.

    Any dredging shall be conducted at times of minimum biological activity to avoid adverse impacts on fish migration and spawning.

    c.

    Any spoil that results from dredging shall be disposed of at upland sites and stabilized within thirty (30) days, unless the spoil is causing turbidity violations or other problems, in which case the developer must stabilize the spoil immediately.

    d.

    If dredging changes the littoral drift processes and causes adjacent shoreline to erode, the developer shall periodically replenish the adversely affected shoreline with the appropriate quantity and quality of shoreline materials.

    e.

    Dredging shall be prohibited where live bottom communities are present.

    f.

    At the discretion of the Environmental Action Director, dredging operations may be subject to surety bonding requirements.

    4.

    Septic Tanks. Septic tanks shall not be located within shoreline areas.

    5.

    Native Vegetation. If no native vegetation exists in the shoreline area, strips of native coastal vegetation shall be planted between development activities and the mean high water line or the ordinary high water line. This vegetated area shall be planted with native species of trees, shrubs, and/or grasses suitable to on-site soil and water conditions.

    6.

    Dimensional Regulations.

    a.

    Maximum Floor Area Ratio. Floor area ratio and densities must be in compliance with the Manatee County Comprehensive Plan.

    b.

    Setbacks From Property Lines.

    Front (street side): 40 feet

    Side**: 10 feet

    Rear**: 15 feet

    **When abutting a residential district, the minimum setback shall be twenty (20) feet plus five (5) feet for each one (1) foot of building height which is in excess of twenty (20) feet above Flood Protection Elevation.

    c.

    Waterfront Setbacks.

    i.

    Waterfront Setbacks for Dry Storage Facilities. Fifty (50) feet for structures which do not exceed thirty-five (35) feet in height. An additional two and one-half (2.5) feet of setback shall be provided for each foot the building exceeds thirty-five (35) feet in height above the Flood Protection Elevation.

    ii.

    Waterfront Setbacks for All Buildings Other Than Dry Storage Facilities. Waterfront structures shall be required [to have] waterfront buffers of thirty (30) or fifty (50) feet as required in Section 706. Exceptions may be made for water dependent uses as permitted by the Comprehensive Plan and structures deemed to have no significant effect.

    d.

    Maximum Height of Structures.

    i.

    Dry storage facilities— Maximum height of dry storage facilities is fifty (50) feet above Flood Protection Elevation.

    ii.

    All other structures— Shall not exceed thirty-five (35) feet above Flood Protection Elevation.

    e.

    Open Space. Not less than twenty (20) percent of the gross area of the project site above the new high water line shall be reserved for landscaped open space.

    Required open space shall be designed to support and aesthetically contribute to the project's vehicular, bicycle and pedestrian circulation system, and shall provide areas devoted to passive recreation activities. Consistent with good design, landscaping of open space areas shall incorporate existing native shoreline or tidal area vegetation and environmentally significant areas. Landscaped open space shall include twenty-five (25) percent native tidal area vegetation.

    7.

    Design Standards.

    a.

    Structures and Signs. All structures, signs and landscaping shall be of unified design and theme. Orientation and placement should enhance the sense of open space and minimize the impact on the environment and surrounding development. Design elements shall emphasis the harmony of color, texture, lines and mass.

    b.

    Uncovered Show Areas. The ground surface of all unenclosed areas used for the display and sales of boats and other nautical equipment shall be grass, ground cover, washed gravel, or turf block.

    c.

    Channel Markers. All channels shall be clearly marked and maintained. Channel markers shall be shown on the Site Plan.

    8.

    Waterfront Structures. See Section 511.14.

    9.

    Water Dependent Uses. Water dependent uses shall meet all the requirements of Section 802, Floodplain Management.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.15.   PDPI—Planned Development Public Interest.

    A.

    Intent. The PDPI district is established to provide for a planned review process for the establishment of public and semi-public facilities recognizing the essential purpose of the facilities and providing special protection to their continued operation, while at the same time considering for the health, safety, welfare and aesthetic impacts on adjacent properties.

    The district is designed for application in the Public/Semi-Public and Major Attractor classifications of the Comprehensive Plan, as well as for public/semi-public facilities in other plan categories.

    It is not the intent of the PDPI district to merely provide a mechanism for avoidance of regulations in other districts. Rather, it is the intent of the PDPI district to be required for certain sensitive public/semi-public facilities when warranted.

    All land uses may be considered in the PDPI district. However, each application shall include a public/semi-public use or a planned public/semi-public use. Other uses may be included in the application if:

    1.

    They are accessory uses,

    2.

    They are complementary, principal uses, or

    3.

    The proximity of the uses necessitates their inclusion in the application.

    Public/semi-public uses shall include airports, hospitals, colleges and universities, schools, landfills, fire stations, sheriff's facilities, solid waste disposal facilities, correctional facilities, water treatment plants, wastewater treatment plants, emergency facilities, governmental office complexes, sports stadiums, parks, athletic fields and other similar uses.

    All uses in a PDPI district shall be consistent with the Comprehensive Plan standards with regarding uses, density, intensity, floor area ratios, maximum project size, and locational criteria.

    B.

    Permitted Uses. Permitted uses in PDPI are listed in Table 4-9. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted.

    C.

    Standards and Review Criteria. PDPI districts shall be permitted a range of densities floor area ratios, heights and square footage. In evaluating proposals, the following factors shall be considered; in addition to the general criteria of this Chapter and the criteria in Chapter 3.

    1.

    The nature of surrounding land uses shall be considered in order to ensure that the intensity of the proposed public/semi-public development will not create external impacts that adversely affect surrounding uses, and to ensure that the intensity of the proposed public/semi-public development provides, where appropriate, a transition between surrounding uses.

    2.

    The long term needs and operational requirements of the public/semi-public development shall be considered to ensure long term viability of the development.

    Appropriate floor area ratios, height, bulk, setback and square footage shall be established as part of the conditions of approved, based on evaluation of the above factors.

    D.

    Landscaped Open Space and Pervious Area Requirements. For projects outside the watershed overlay districts, an appropriate proportion area of the district shall be reserved for landscaping and permeable areas. The amount of area shall be established as part of the conditions of approval after review of the specific request. For projects within the watershed overlay districts, the requirement shall be thirty (30) percent for all non-residential projects.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.16.   PDMU—Planned Development Mixed Use.

    A.

    Intent. Planned Development Mixed Use districts are defined for purposes of these regulations as planned development districts for the establishment of complimentary groupings of residential, commercial, office, industrial or other uses.

    PDMU districts may hereafter be established in accordance with the general procedures, requirements, standards and criteria set forth in Section 402. It is the intent of these regulations to provide for development of such districts at appropriate locations, in accord with the goals, objectives, policies, and locational criteria of the Comprehensive Plan, and in accord with the requirements herein.

    It is further intended that PDMU development shall be in complexes with carefully located buildings, parking and service areas, open space and use mixtures which are scaled and balanced to reduce general traffic congestion, by providing interdependent uses and uses which are compatible with adjacent and surrounding land uses.

    It is the intent of the PDMU district to provide developments that provide complimentary uses. It is not the intent of the district to avoid requirements and criteria which are found in the single use Planned Districts. All requirements and criteria found in the single use Planned Districts shall apply to the PDMU district.

    In the determination of what a primary use in a PDMU district is, percentage of land area, percentage of building square footage and percentage of impacts such as traffic shall be considered. Exceeding fifty-one (51) percent shall be considered to be a primary use.

    Application of appropriate review criteria shall be based upon the specific facts of the proposal. The ranges of intensity controls shall generally be approved according to the guidelines set forth in the other single use PD districts corresponding to the uses in the PDMU district. In no event shall uses permitted in a PDMU district exceed the maximum intensity controls in the other single use PD districts.

    B.

    Site Plans. The following site plan criteria shall be used:

    1.

    On exterior boundaries of a PDMU district the uses shall be reviewed in accordance with the guidelines set forth for the specific use in the applicable single use PD district.

    2.

    On exterior boundaries of a PDMU district the uses shall be of a character and so located, designed, and buffered so as to establish a transition of intensities and uses across district boundaries.

    3.

    PDMU districts shall provide landscaped and pervious areas according to the guidelines set forth in the other single use PD districts corresponding to the uses in the PDMU district. In no event shall the landscaped and pervious area be less than twenty (20) percent of the land area of the district.

    C.

    Permitted Uses. The uses permitted in Table 4-9 for the PDMU District shall be permitted subject to the criteria applicable to the PDR (Planned Development Residential) District and the following:

    1.

    PDMU districts shall not be used when other single use proposed districts can accommodate the proposed uses. However, if a proposed development cannot be accommodated within other single use Planned Districts, then the applicant may apply for PDMU.

    2.

    All developments within a PDMU district must be consistent with the Comprehensive Plan permitted uses, project size, intensity, density, locational criteria and other factors.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.17.   PDUI—Planned Development Urban Industrial.

    A.

    Purpose and Intent. The PDUI district is established to:

    • Provide for the continued viability of the existing industrial operations in urban settings;

    • Provide for establishment of overall framework of development parameters for such properties;

    • Implement the provision of IU future land use category; and

    • To mitigate the negative impacts of expansion adjacent to surrounding neighborhoods.

    It is intended that this district shall be the only zoning district for all properties designated IU on the Future Land Use Map.

    B.

    Permitted Uses. The primary and accessory uses permitted in PDUI district are those uses permitted by right, Administrative Permit and Special Permit in the LM, HM, NC-S, and PR districts.

    C.

    Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted.

    D.

    Review Process. Development permitted in the PDUI district shall be conformance with an approved General Development Plan. Setbacks for structures existing on the adoption date of this Code may be less than those shown below and such setbacks shall be those shown on an approved General Development Plan.

    Those properties shall have to meet the following additional criteria:

    A General Development Plan shall be submitted in accordance with the requirements in Chapter 3, prior to the issuance of any permit. The General Development Plan shall identify the existing structures on-site and an overall plan for future site development. The plan shall identify locations of future development, established dimensional parameters for structures loading and parking, and identify a range of potential uses for future structures and site locations.

    The proposed General Development Plan shall be reviewed in the public hearing process by staff, Planning Commission, and the Board as prescribed for planned developments. The criteria used by staff, Planning Commission, and the Board shall be general criteria for Planned Development contained in this Section and the review criteria designated in Section 402.18 (PDPM).

    The General Development Plan may be approved, approved with conditions, or denied. If denied, the applicant may resubmit without a waiting period.

    Once approved, the General Development Plan will establish the development parameters for the site. Future requests for site plan approval will be evaluated administratively on a Final Site Plan Application for consistency with the General Development Plan.

    Amendments may be made to an approved General Development Plan in accordance with the procedures for amendments and specific approval of planned developments in Chapter 3.

    Dimensional and landscaping requirements shall be met when new development or substantial redevelopment occurs on site.

    E.

    Expiration. The General Development Plan(s) or subsequent Board approved amendment(s) approved upon this PDUI property shall expire within ten (10) years of the date of such approval by the Board unless all Preliminary Site Plans for locations within the approved General Development Plan have been approved. Each subsequent Preliminary or Final Site Plan shall meet the concurrency requirements in place at the time of their submittal.

    F.

    Dimensional Regulations.

    The primary purpose of the dimensional regulations in the PDUI district is to minimize incompatibility with surrounding residential areas and along public roadways. Setbacks for structures existing on the adoption date of this Code may be less than those shown below and such setbacks shall be those shown on approved General Development Plan.

    The dimensional regulations shall be established with the approval of the General Development Plan. The maximum F.A.R. shall not exceed 1.25.

    Maximum FAR 1.25
    Maximum Height 45 plus 1 additional foot for each foot of setback from a public roadway.
    Front Yard 25 feet
    Side Yard 20 feet, generally
    75 feet, abutting residential district
    0 feet, abutting a rail line used for transport of products and materials to site.
    Rear Yard 20 feet, generally
    75 feet, abutting residential district
    0 feet, abutting a rail line used for transport of products and materials to site.
    Landscaped Open Space 10% of site

     

    G.

    Review Criteria. In addition to other requirements contained in this section and Chapter 3, the following review criteria shall be required to be addressed on the General Development Plan.

    1.

    Buffering. The General Development Plan shall include buffer areas abutting all residential districts. Street buffering when across from a residential district shall include either a six (6) feet high opaque wood fence or masonry wall or a six (6) feet high eighty (80) percent opaque hedge with a tree planted every thirty (30) feet. Perimeter buffering adjacent to residential districts shall include an eight (8) feet high opaque wood fence or masonry wall and a tree planted every thirty (30) feet.

    2.

    Access. New access to the site shall be restricted to streets designated as a minor collector or higher classification on the Major Thoroughfare Plan.

    3.

    Signage/Lighting. A signage and lighting plan shall be submitted for approval with the General Development Plan. The signage and lighting plan shall, in addition to being in compliance with Chapter 6, provide for the renumeration of the number and size of the signs adjacent to residential districts. Lighting shall be in compliance with the provisions of Section 806, Lighting, and shall not negatively affect the adjacent residential areas.

    H.

    Effect of Approval. Approval of the General Development Plan authorizes the applicant to proceed with site plan approval. Preliminary site plans, as required by the other provisions of this Code, and Final Site Plans shall be reviewed in accordance with the appropriate provisions of this Code.

    402.18.   PDPM—Planned Development Port Manatee.

    A.

    Purpose and Intent. The PD-Port Manatee District is intended to provide land on which the intermodal transportation, terminal and other seaport uses may locate and operate, including waterborne commerce, business services, commercial, industrial, manufacturing and product assembly uses customarily associated with seaports, ports of entry and foreign trade zones. The district is intended to accommodate seaport related activities in a manner which is compatible with surrounding uses, to protect land within this district from the encroachment of incompatible uses and to guide development within this district in a manner that complies with the Manatee County Comprehensive Plan and the Port Manatee Master Plan.

    B.

    Area of Applicability. The Planned Development Port Manatee District shall consist of land, the owner of which is the Manatee County Port Authority, a political entity of the State of Florida, organized and existing pursuant to the provisions of the Manatee County Port Authority Act (Chapter 67-1681 of the Laws of Florida, as amended) and Chapter 315 of the Florida Statutes entitled "Port Facilities Financing" or Manatee County, a political subdivision of the State of Florida, acting as the Manatee County Port Authority, constituting the seaport known as "Port Manatee" and utilized to encourage, develop and stimulate the flow of waterborne commerce and other related activities together with all other purposes and uses authorized by said Manatee County Port Authority Act and said Florida Statutes.

    As the Port Manatee Master Plan has been adopted as part of the Comprehensive Plan, all subsequent amendments to the adopted General Development Plan shall be consistent with all applicable Code requirements.

    C.

    Permitted Uses. The following uses are permitted in the district:

    1.

    Seaport uses including:

    • Anchorage areas, berths, docks, dolphins, jetties, moles, mooring facilities, piers, public landings, quays and wharves.

    • Berthing, docking, mooring vessels; repairing vessels; and servicing vessels.

    • Breakwaters, bulkheads, dry docks, and locks.

    • Bunkers and vessel fuelers.

    • Bridges, catwalks, causeways, depots, oil tanks and pipelines.

    • Cableways, conveyors, cranes, derricks, elevators, lifts and tramways.

    • Canals, channels, harbors, slips, tidal basins, turning basins and waterways.

    • Cargo handling water related.

    • Cold storage plants, icing plants, refrigeration plants and pre-cooling plants.

    • Earthmoving and dredged materials reclamation and storage areas.

    • Grain bins, silos, storage tanks, storehouses, terminal facilities, transit sheds, warehouses and open storage areas.

    • Harbor pilots.

    • Intermodal terminals.

    • Loading, unloading and storing cargo.

    • Marine terminals operators.

    • Ship chandlers.

    • Ship services.

    • Shipping agents.

    • Stevedores.

    • Tug operators.

    2.

    Agriculture and Agricultural processing.

    3.

    Business services.

    4.

    Chemical processing and ethanol production, subject to approval of a Preliminary Site Plan by the Board of County Commissioners.

    5.

    Financial institutions.

    6.

    Industrial service establishments.

    7.

    Manufacturing and products assembly.

    8.

    Mini-warehouses.

    9.

    Vehicle repair.

    10.

    Office uses.

    11.

    Outdoor storage.

    12.

    Personal services.

    13.

    Restaurants.

    14.

    Truck terminals.

    15.

    Warehouse/distribution centers.

    16.

    Wholesale trade establishments.

    17.

    Neighborhood retail sales.

    18.

    General Retail Sales Uses.

    19.

    Passive and Low Intensity Recreational Uses.

    20.

    Environmental Education Facilities.

    The following uses may be allowed subject to the standards provided in Chapter 5:

    21.

    Correctional facilities.

    22.

    Emergency facilities.

    23.

    Public utilities.

    24.

    Railroad terminals and facilities.

    25.

    Seawalls.

    D.

    Accessory Uses. Permitted accessory uses shall be those allowed in A, LM and HM districts.

    E.

    Development Standards. The following standards shall apply.

    1.

    A landscape buffer of not less than twenty (20) feet in width measured at right angles from the property line shall be provided on all sites abutting the easternmost CSX railroad tracks adjacent to U.S. 41 on the site. Landscaping within the buffer shall consist of an average of one (1) canopy tree for each thirty (30) linear feet, or portion thereof, and a hedge of at least three (3) feet in height but not higher than forty-two (42) inches along the entire length of such landscaped area, subject to visibility triangles.

    2.

    Development at Port Manatee shall not be subject to the vehicular use landscape requirements, or the Maximum Building Height provisions of Section 401.3.C.

    F.

    Review Process. Development permitted in the PDPM District shall be in conformance with an approved General Development Plan. All such development shall meet the requirements for processing and review found in Chapter 3.

    G.

    Plan Expiration. General Development Plan(s) or subsequent amendments for projects located within the PDPM District on Port Manatee property shall expire within ten (10) years of the date of such approval by the Board unless all Preliminary Site Plans required are approved. Each subsequent Preliminary or Final Site Plan shall meet the concurrency requirements in place at the time of their submittal.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.19.   PDGC—Planned Development Golf Course.

    A.

    Intent. It is the intent of these regulations to preserve (retain) golf courses and golf course facilities as recreation facilities, recognizing the essential purpose of the facilities and providing protection for their continued operation. Because it is the intent of the Planned Development Golf Course District to preserve (retain) golf courses as recreation facilities, the partial or entire redevelopment of a golf course involving a change to a use other than a golf course shall require approval of a general development plan by the Board as a part of a planned development zoning atlas amendment for the entire golf course.

    Any modification of golf course boundaries reducing the size of a golf course shall constitute a redevelopment and shall require approval of a general development plan as specified above.

    Expansion of the boundaries of any existing golf course and redevelopment of entirely new golf courses not included within any other planned development district shall be encouraged; provided that upon completion of such expansion or entirely new development, it shall be rezoned by Manatee County to the Planned Development Golf Course District.

    B.

    Permitted Uses and Structures.

    1.

    Golf courses and country clubs.

    2.

    Golf courses and clubhouses.

    C.

    Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures; are located on the same lot or parcel as the permitted use; or do not involve operations or structures not in keeping with the character of the district.

    1.

    Golf driving ranges.

    2.

    Golf putting areas.

    3.

    Pro-shops and supply sales of goods related to the on-site activities of each specific use.

    4.

    Food services and concessions for the patrons of the facility.

    5.

    Maintenance and/or equipment buildings.

    6.

    Cart barns.

    7.

    Rain shelters.

    8.

    Swimming pools, racquet and handball courts, shuffleboard courts, tennis courts, and similar low-intensity recreation uses.

    D.

    Site Plan/General Development Plan Requirements.

    1.

    One expansion or addition to an existing structure of not more than twenty-five (25) percent of the existing gross floor area shall be permitted without requiring an approved General Development Plan. Requests for approval of such expansion shall be evaluated administratively on a Final Site Plan application for consistency with appropriate provisions of this Code. Additional expansions in excess of twenty-five (25) percent, or a new separate structure over one thousand (1,000) square feet of gross floor area shall require approval of a General Development Plan.

    2.

    New structures that replace existing structures of the same gross floor area may be approved administratively through a Final Site Plan, without requiring a General Development Plan.

    3.

    Accessory uses or their structures shall be permitted without an approved General Development Plan. Requests for approval of an accessory use or its structure shall be evaluated administratively on a Final Site Plan application for consistency with appropriate provisions of this Code.

    4.

    Minor modification to existing golf course features such as tee adjustments, fairway improvements, cart path additions, and relocation of pins in existing greens shall be permitted without an approved General Development Plan. Major modifications to existing golf course features such as relocation of fairways and greens, major change in drainage, reduction or increase in the number of holes, or the reconfiguration of fairways and greens shall constitute a redevelopment of the golf course and shall require approval of a General Development Plan.

    E.

    Standards and Review Criteria.

    1.

    Intensity. PDGC districts shall permit a range of floor area ratios, heights, and square footage. In evaluating proposals, the criteria in this Chapter and Chapter 5 shall provide a basis for intensity determinations (i.e. floor area, ratio, height, and square footage).

    2.

    Yards and Setbacks. Yards and setback requirements shall be a minimum of fifty (50) feet from any lot line, except for rain shelters which shall have a minimum setback of twenty-five (25) feet from any lot line.

    402.20.   PDA—Planned Development Agriculture.

    A.

    Intent. It is the intent of these regulations to provide for development of existing, platted subdivisions, in agricultural areas by providing flexibility for cluster development, for preservation of agricultural lands, natural and wetland features, and requiring compliance with the standards set forth herein.

    Uses in PDA districts shall be consistent with Comprehensive Plan requirements regarding use, type, locational criteria and other applicable Comprehensive Plan criteria.

    B.

    Limitations on Applicability. Planned Development Agriculture shall be available as an option for development or redevelopment for property included within a subdivision platted prior to 1955.

    C.

    Permitted Uses.

    1.

    Permitted uses are identified in Table 4-9.

    2.

    Uses and structures which are customarily and clearly incidental to permitted principal uses and structures, shall be also permitted. This shall include the active use of land for agricultural purposes and the use of farm and domestic animals consistent with rural community character.

    3.

    All Retail Sales, General Uses located within the Rural Village must comply with the commercial locational criteria of the Comprehensive Plan.

    D.

    Density. PDA districts shall be consistent with the Comprehensive Plan density requirements, except that no density bonus shall be provided for affordable housing, and except as provided for in this section. Golf course acreage may not be used to calculate overall density for a PDA project.

    E.

    Specific Review Criteria.

    1.

    Site Planning. Site planning within the district shall provide protection of the development from potentially adverse surrounding influences, such as active agricultural operations. The orientation and clustering of the residential development shall be towards internal streets and pedestrian systems and away from adjacent local or thoroughfare streets and other adjacent land uses. In particular, a buffer containing a minimum of two hundred (200) feet in width shall be provided along district boundaries. The right-of-way along a project boundary may not be counted towards the two hundred-foot buffer.

    Strong consideration shall be given to any surrounding agricultural operations, proposed uses within the PDA and the compatibility with any proposed or existing residential uses. Proposed accessory uses or abutting uses shall be compatible with residential uses. Means to mitigate potential impacts shall be proposed with the PDA application. These may include, but not be limited to berms, larger setbacks or additional screening.

    The preservation of significant upland vegetation habitats and wetland areas shall be encouraged. The location of cluster development should be enhanced by the natural features.

    Clustered development shall be required to protect and enhance prime agricultural lands, open water bodies, wetlands and sensitive upland habitats.

    2.

    Landscaped Open Space and Pervious Area Requirements. An area equal to at least thirty-five (35) percent of the land area of the district shall be reserved for landscaping and permeable open areas, for projects developed under common ownership, and shall be improved and maintained by the developer/homeowner's association. Within the WP-M and WP-E Watershed Overlay Districts, this figure shall be increased to forty (40) percent. Alternative facilities such as horse trails or nature paths shall be encouraged, provided the surfaces are pervious. No more than twenty-five (25) percent of the required landscaped and pervious area shall be composed of permeable paving block. (See the definition of Open Space.)

    3.

    Ownership and Maintenance of Open Space/Common Areas. Approvals for Planned Development Agriculture shall specify long term maintenance, and use for open and common areas in a manner which is consistent and compatible with the community character. Land used for clustering density shall be placed in common ownership and management of a homeowner's association consistent with Section 336.4.C and reserved in perpetuity with an agriculture or open space easement dedicated to the county, which land shall not be developed with the exception of accessory buildings used in active agricultural operations or recreational open space facilities and shall be in a form acceptable to Manatee County. The easements shall be in a form acceptable to Manatee County.

    4.

    Frontage and Accessibility. Every dwelling unit or other use permitted in the Planned Development shall have vehicular access to a public street directly or via an approved private street, pedestrian way, court, or other area dedicated to public use or private use, or common element guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. Adequate emergency vehicular access is required to every dwelling unit.

    5.

    Pedestrian and Non-Vehicular Systems. An integrated pedestrian/non-vehicular system including sidewalks, bicycle trails, horse trails and other means, shall be provided within the neighborhood clusters extending to the rural villages and other recreational amenities, schools and services.

    6.

    Layout and Design. Significant environmental features such as sensitive upland habitats, wetlands or prime agricultural areas shall be protected through the use of clustering. Existing hydrologic features shall be taken into consideration in layout and stormwater design.

    7.

    Water Resources. The impact on water resources shall be evaluated with each proposed application for Planned Development Agriculture.

    8.

    Traffic Circulation. Provide for inter-neighborhood ties between residential clusters and non-residential rural village areas and along collector/connector roads. Roadway design shall be in such a manner as to accomplish traffic calming.

    9.

    Parking and Loading for Rural Villages. Parking for civic, commercial and recreational uses in the rural village shall generally be located at the rear of lots. No off-street parking shall be allowed in front yards. On-street parallel and/or diagonal parking may be allowable if street design and width allows for such parking. All loading zones shall be located in the rear of the structure(s). Design within the rural villages shall encourage the use of alleys to serve the rear facing parking areas and loading. All other standards of Section 1005 shall be met.

    10.

    Yards and Setbacks. For each PDA District yard and setback requirements shall be established which promote general health, safety, welfare, design excellence and neighborhood compatibility. Yard and setback standards shall be consistent within each Planned Development district or "phase." Unless otherwise specified within the development approvals, the following minimum yard requirements shall apply to all projects:

    Residential Uses Rural Village and Other Uses
    UF-3 Future Land Use Category AG/R Future Land Use Category
    Minimum Front Yard 25 feet 50 feet 25 feet
    Minimum Side Yard 10 feet 25 feet 15 feet
    Minimum Rear Yard 20 feet 50 feet 25 feet

     

    11.

    Rural Village Size Limitations.

    a.

    All Retail Sales Establishments are limited to three thousand (3,000) square feet, unless specific approval is granted with the General Development Plan.

    b.

    All commercial uses are limited as specified by the Comprehensive Plan.

    c.

    Building elevations or design concepts shall be submitted with submittal of a General Development Plan including a Rural Village.

    12.

    Minimum Lot Width. The minimum lot width shall be established at the General Development Plan stage, however, it shall be no less than one hundred (100) feet, unless on a cul-de-sac or other curvilinear street, where a fifty-foot minimum could apply.

    13.

    Minimum Lot Size and Density. The minimum lot size for lots in the PDA District shall be one (1) acre in the AG/R FLUC and one-third (1/3) of an acre in the UF-3 FLUC. In no instance shall the density for the project exceed .20 dwelling units per acre in the AG/R Future Land Use Category or three (3) units per acre in the UF-3 Future Land Use Category.

    If there is an existing, non-conforming underlying subdivision plat, redevelopment is permitted when the proposed development is consistent with all Comprehensive Plan provisions, except for density. Density within the proposed development shall not exceed the maximum allowed based on the provisions contained within Chapter 11 relating to non-conforming lots after adjusting for the number of lots under single ownership on May 4, 1981. No density bonus shall be given to affordable housing.

    In order to obtain the higher density, the plat must be vacated and the developer must enter into a development agreement with Manatee County.

    F.

    Phasing. A flexible phasing schedule extending the life of the plat for up to ten (10) years after approval of the preliminary plat will be available for projects meeting the criteria of Sections 348 and 349, Developments of Regional Impact and Large Projects. The flexible phasing shall be subject to the developer entering into a Development Agreement with Manatee County, meeting the requirements of Chapter 3 of the Code.

    G.

    Public Hearing Notice. Notification for public hearings for all proposed PDA's shall meet the standards of Chapter 3, include all adjacent property owners within one thousand (1,000) feet of the boundaries of the application, and notification of all civic associations requesting such notification.

    H.

    Notice to Homebuyers. All homeowner's documents, deed restrictions, and notice to buyer's shall include language that indicates that the lot being purchases is located in an agricultural community and may be subject to impacts from agricultural activity.

    (Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)

    402.21.   PDEZ—Planned Development Encouragement Zone.

    A.

    Purpose and Intent. The Planned Development Encouragement Zone (PDEZ) District is intended to provide for the development of land with uses compatible with and supportive of the economic health of Port Manatee and Manatee County.

    B.

    Area of Applicability. The Planned Development Encouragement Zone District shall consist of land so designated on the Official Zoning Atlas of Manatee County.

    C.

    Permitted Uses. The uses permitted in the PDEZ zoning district are as allowed by Table 4-9 of the Code, subject to the limitations of the Comprehensive Plan.

    D.

    Development Standards. In addition to the standards contained in this Code, the following development standards shall be required to be addressed on the General Development Plan.

    1.

    Roadway Buffers. Detailed roadway buffer requirements shall be shown on the General Development Plan by Area.

    2.

    Compatibility and Screening Buffers. For those lands adjacent to properties with residential zoning or residential Future Land Use Categories, there shall be a seventy-five-foot landscape buffer for those adjacent sides. This buffer shall contain a solid fence or wall a minimum of eight (8) feet in height, four (4) canopy trees and forty (40) shrubs per one hundred (100) lineal feet.

    3.

    Exemptions. Exemptions for parking lot landscaping, sidewalks, building height setbacks, parking requirements, access points, and other standards shall be allowed as shown on the General Development Plan.

    4.

    Connectivity. Consideration must be given to connectivity between the Port and PDEZ sites and between PDEZ site locations and the Port Connector Road and other frontage roads as needed. Access to and land for transit stops, transfer points, and park and ride lots, as needed, must be addressed on a subsequent Final Site Plan.

    5.

    Intensity of Use. Those uses that are the most intensive shall generally be located on lands closest to Port Manatee. Less intense uses shall be located further to the south and east.

    E.

    Review Process. Development permitted in the PDEZ District shall be in conformance with an approved General Development Plan. An administratively approved Preliminary and Final Site Plan are required following approval of the General Development Plan.

    F.

    Plan Expiration. General Development Plan(s) for projects located within the PDEZ District shall not expire.

(Ord. No. 16-24 , § 3(Exh. A-4), 11-15-16)