HomeMy Public PortalAbout1716-Mixed-Use Zone Land Development Code AmendmentORDINANCE: 1716
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDMENTS
TO ARTICLE VII, LAND USE, TYPE, DENSITY, INTENSITY, ZONING
AND REGULATORY CONTROLS, OF CHAPTER 102 OF THE CODE
OF ORDINANCES, CITY OF CRESTVIEW, FLORIDA; PROVIDING
FOR AMENDMENTS TO SECTION 102-129, DISTRICTS AND
BOUNDARIES, ESTABLISHING AND ADDING THE ZONING
REGULATIONS NECESSARY TO IMPLEMENT A NEIGHBORHOOD
COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE 1T ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida
Statutes and Chapter 102, City Code.
SECTION 2. SECTION 102-129, DISTRICTS AND BOUNDARIES, ARTICLE VII, LAND USE,
TYPE, DENSITY, INTENSITY, ZONING AND REGULATORY CONTROLS OF CHAPTER 1.02 OF
THE CODE OF ORDINANCES, CITY OF CRESTVIEW, FLORIDA, is hereby amended to read as
follows:
Sec. 102-129. - Districts and boundaries.
(a) In order to classify and regulate the uses of land and buildings, the height and bulk of buildings, the area
and other open spaces about buildings and the intensity of land uses, the city is divided into -thirteen fourteen
districts known as follows:
A Agricultural district
R-1A A one (single) family district
R-1 A one (single) family district
R-2 Multiple -family distict (medium density)
R-3 Multiple -family district (high density)
C-1 Commercial district
C-2 Downtown commercial district
DMU Downtown Mixed use district
MX-NC Mixed -Use Neighborhood Commercial
M-1 Industrial district
P Public land district
E Conservation district
PUD Planned unit development district
PMDD Planned mixed development district
(k) MX-NC (Mixed -Use Neighborhood/Cornnaercial District)
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1. Purpose and Intent.
1. To accommodate single and multi -family mixed -use buildings, and neighborhood -serving retail,
service, and other uses within appropriate locations outside of the downtown commercial center
and other areas where the mixture of residential and limited non-residential uses are deemed
appropriate when considering growth patterns, location, market demands, and other factors as
necessary. This zoning designation is not designed for residential subdivision development.
2. To encourage a mixture of development that exhibits the physical design characteristics of
pedestrian -oriented and the traditional neighborhood storefront -style shopping streets; and
3. To promote the health, safety, and well-being of residents by encouraging physical activity,
alternative transportation, and greater social interaction.
1. Compatibility.
1. Compatibility between different use types is a paramount concern within this district and as such
the special use standards, setbacks, buffering and landscaping standards have been developed to
help ensure that different uses can be in proximity to one another.
2. When, in the opinion of the Community Development Services Director, a proposed use is
incompatible with adjacent existing uses, The Director may require additional appropriate means
of establishing an acceptable level of compatibility, to include but not be limited to additional
buffering yard width, height, and/or plantings and the widening of required setbacks.
2. Uses Permitted. Uses are allowed in "MX-NC" zoning districts in accordance with Table 102-
129.01.
TABLE 102-129.01. MX-NC USES
Zoning District
Zonin ' District
USE GROUP
Use Category
MX-NC
P = Permitted by -right S = Special Use X = Not Allowed
RESIDENTIAL
Household Living
Artist Live/Work Space located above the ground floor
P
Dwelling Units located above the ground floor
P
Single Family Dwelling - Attached
P
Single Family Dwelling - Detached
P
Multi -unit (3+ units) Residential
P
Single -Room Occupancy
P
Townhouse
P
Group Living
Assisted Living
P
Group Home
P
Nursing Home
P
Transitional Residences
S
Transitional Shelters
S
NON-RESIDENTIAL
Public and Institutional
Colleges and Universities
S
Cultural Exhibits and Libraries
P
Day Care
P
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Hospital
S
Lodge or Private Club
P
Parks and Recreation
P
Pharmacy
S
Postal Service
P
Public Safety Services
P
Religious Assembly
P
School
P
Utilities and Services Minor
P
Utilities and Services, Major
S
Commercial
Adult Use
X
Animal Services
Shelter/Boarding Kennel
X
Sales and Grooming
P
Veterinary
P
Artist Work or Sales Space (Studio)
P
Drive -Through Facility
X
General Retail
P_
Eating and Drinking Establishments
Restaurant
P_
Tavern
S
Financial Services
P
Food and Beverage Retail Sales
P
Gas Stations
X
Office and Medical Service
P
Parking, Commercial (Non-accessoryl
S
Personal Service, including health clubs and gyms
P
Non -Auto Repair Service
P
INDUSTRIAL AND MANUFACTURING
X
*Other uses, similar to those identified above and in keeping with the purpose and intent of the
district, may be considered for approval.
1. Special Uses.
1. When a Special Use, as identified within Table 102-129.01, is proposed on a lot or parcel abutting a
single-family or duplex dwelling use, minimum rear and side setback requirements shall be doubled
unless additional setback requirements are identified elsewhere in this Article.
2. Those uses identified in Table 102-129.01, as Special uses, may be permitted upon approval
by the Development Administrator when the following requirements are satisfied.
1. Group Living special uses shall maintain a minimum 1,000-foot separation from other similar
uses, as measured from front door to front door along a. typical pedestrian way. Applications
for Group Living special uses shall include copies of all applicable Florida state licensure and
other appropriate documentation.
2. Hospital special uses may exceed the maximum gross floor areas as identified in
subsection 4 below but shall maintain minimum 25-foot setbacks from all property
lines and at least 75% of all parking areas shall be to the side or rear of the primary
structure.
3. Utility services shall be screened from the right-of-way and from adjacent properties by a
landscape buffer yard meeting the minimum material requirements of Sec. 102-573.
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4. Tavern special uses shall maintain a minimum 1,000-foot separation from another
similar use, as measured from front door to front door along a typical pedestrian
pathway. Other distance restrictions regulating placement of Taverns, as required by
this Code may apply.
5. Non -accessory parking special uses shall be required to install a minimum five (5)
foot wide buffer yard, meeting the minimum material requirements of Sec. 102-573,
around the entire parking area. The interior parking requirements as per Sec. 102-573
shall apply.
6. Pharmacy special uses shall not be located within any new residential development
and shall only be located on parcels abutting a collector roadway. Pharmacy uses shall
not be collocated with any use except for another medical or medical office use. A
single drive -through window may be allowed in conjunction with a pharmacy use only
when the pharmacy is located on a parcel which is adjacent to non-residential uses
only.
7. Colleges and University special uses may exceed the maximum gross floor areas as
identified in subsection 4 below but shall maintain minimum 25-foot setbacks from all
property lines and at least 75% of all parking areas shall be to the side or rear of the
primary structure(s).
2. Development Standards.
1. The gross floor area of commercial establishments in the MX-NC district shall not exceed 5,000
square feet. A Special Exception may be granted for commercial uses with greater than 5,000 square
feet of gross floor area, after review by the Community Development Services Director and approval
by the LPA. However, no commercial establishment shall exceed 10,000 square feet of gross floor
area.
2. Office uses, including medical and dental, shall not exceed 15,000 square feet of gross floor
area. Governmental office uses may exceed the maximum square feet of gross floor area
allowance.
3. Mixed -use developments shall be limited by the commercial and office use gross square foot
maximums, as provided above.
4. Mixed -use developments that provide above ground floor residential uses may exceed those
maximums by 25% when the total use ratio, as determined by square footage of residential
uses to non-residential uses, of the entire development, is 40% or greater.
5. Indoor/Outdoor Operations.
1. All permitted uses in the MX-NC district must be conducted within completely enclosed
buildings unless otherwise expressly authorized herein.
1. This requirement does not apply to off-street parking or loading areas, automated teller
machines, or outdoor seating areas of a restaurant.
2. This requirement does not apply to the exterior sale of wares and food during
authorized special events.
3. Outside storage of materials may occur within side and rear yards when not
visible from any right-of-way or adjacent properties. Stored materials shall not
become a nuisance of any kind.
6. Minimum Lot Area. The minimum lot area per dwelling unit shall be 2,000 sq. ft.
The minimum lot area for non-residential development shall be 8,000 sq. ft.
7. Minimum Lot Width. The minimum lot width for a single-family dwelling is 35 feet.
8. Lot Coverage. Residential development shall not exceed 60% lot coverage.
9. Floor Area Ratio. The maximum FAR shall be 1.75 for mixed -use buildings and 0.80 for all
other non-residential buildings.
10. Setbacks
1.. Front. All development shall maintain a minimum ten (10) foot front setback from the Right-of-
way line.
2. Corner lots. Development shall maintain a minimum ten (10) foot front setback from all
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rights -of -way lines.
3. The minimum rear setback shall be 20 percent of the lot depth, except when an MX-NC
zoned property abuts a Residentially -zoned property. In this instance, the minimum rear
setback required shall be the same as required for a residential use on the abutting
Residentially zoned lot.
4. Five (5) foot wide interior side setbacks are required in the MX-NC district, except when
MX-NC zoned property abuts a Residentially -zoned property. In this instance, the
minimum side setback required shall be the same as required for the residential use on
the abutting Residentially zoned lot.
11. Building Height. The maximum building height shall be 45 feet for mixed -use buildings
and 35 feet for all other buildings. Church steeples, parapet walls, antennas, and HVAC
equipment may extent above the maximum allowable height.
1. With each additional story, over two stories, all required setbacks shall be increased by 25 %.
12. Building Separation. There shall be a minimum ten (10) foot separation between
buildings within the same development.
13. Home Based Business and Occupations.
1. Home occupations are encouraged in the MX-NC zoning district and the following standards,
when in conflict with the home occupation standards as outlined elsewhere in the Code, shall
supersede.
2. Home occupations shall be permitted in the MX-NC in keeping with the following:
1. Home occupations shall not occupy more than 50% of the area of a single -story dwelling
unit but may occupy the entirety of the first -floor area of a multi -story dwelling unit.
2. Home occupations shall be limited to uses that are non -industrial in nature.
3. All applicable Florida Building and Life Safety codes shall be satisfied.
4. All applicable licensure through a State or Federal agency shall be required.
5. Vehicular traffic shall not be generated in an amount greater than parking is
available onsite or to an extent that the paved right-of-way is encumbered upon,
or to a point determined to detract from the public's health, safety, and welfare.
6. Outdoor storage of materials shall be permitted in side and rear yards only, when
shielded from public view behind a privacy fence.
7. One wall sign, not exceeding 8 square feet shall be permitted.
1. Signs may be externally lit only, and the light source shall be placed in such a
manner as to not create light -spillover onto adjacent properties.
8. No home occupation shall create an attractive nuisance nor any noise,
vibration fumes odors electrical interference or any other perceived
public nuisance. No home occupation shall detract from a neighboring
dwelling unit's owners' or occupants' reasonable expectation of use of
their property.
14. Bonuses and Adjustments.
1. When a new development coordinates with Okaloosa County or other transportation authority,
to develop a transit stop, onsite, that will be utilized by an existing transit system, in their
normal routes of operation, the development may be eligible for up to a 25% reduction in
required parking.
1. The stop must provide cover and seating for pedestrians wishing to utilize the transit
system.
2. When a new development creates a cross connection(s) for vehicular and
pedestrian traffic, with an abutting -existing non-residential or mixed -use, the
development may be eligible for a 10% reduction in required parking or
landscaping.
1. Required buffer yard widths shall not be diminished.
2. A minimum five foot (5') wide sidewalk shall accompany the vehicular cross
connection. The sidewalk shall connect to any existing or proposed sidewalks on
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either side of the cross connection.
15. Other Improvements.
1. Sidewalks. All new development, except single-family and duplex development, shall install a
minimum five (5) foot wide sidewalk the entire length of the front yard. Front yard, in this
instance, is defined as that area between the side property lines, extending from the right-of-way
line to the front of the building. Corner lots shall install a sidewalk along the entire frontage of
the site.
1. Sidewalks may be installed within the right-of-way upon approval by the Director of
Public Services.
2. Redevelopment which increases the impervious surface area of the site by 50%
or more shall be required to install a sidewalk as identified above.
2. Landscaping. All new development other than single-family or duplex
development, shall be required to install a minimum five (5) foot wide
landscaped area between the front of the building and all abutting rights -of -way
lines.
1. There shall be located within the landscaped area, a minimum of one tree per 25 linear
feet of right-of-way or one tree per 40 feet and one shrub per 5 feet of right-of-way.
2. The landscape material standards as provided in Sec. 102-574(5) shall be
satisfied.
3. Redevelopment which increases the impervious surface area of the site by 50%
or greater shall be required to satisfy the landscape standards as identified above.
4. Where redevelopment occurs on a site that cannot accommodate front yard
landscaping because the existing structure does not meet the required setbacks for
the district, appropriate alternative placement onsite may substitute.
3. Buffering. Development with a higher intensity than existing abutting
development shall provide buffering as follows:
1. Multi -Family of three (3) or more units when proposed on lands abutting a single-family
dwelling or zoning district shall be required to install a six-foot wall or privacy fence.
2. Mixed -Use development when proposed on lands abutting a single-family
(attached or detached) dwelling or single-family zoning district, shall provide a
minimum 5-foot-wide landscaped buffer yard and a six-foot wall or privacy fence
between the uses adjacent to the property line.
3. New non-residential development when proposed on lands abutting a single-
family (attached or detached) dwelling or single-family zoning district, shall
provide a minimum 10-foot-wide landscaped buffer yard and a six-foot wall or
privacy fence.
4. Required buffer yards shall meet the minimum buffer yard material requirements
of Sec. 102-573.
4. Parking. Adherence to the parking standards, as identified in Article VIII of
these Land Use Regulations, shall be required, except for the following:
1. Single family dwellings, not exceeding five bedrooms, shall be required to provide two
onsite parking spaces. Driveway connections to the right-of-way for Single family
dwellings shall satisfy the requirements of this Land Development Code. However, the
driveway portion located on private property may be constructed of milled asphalt,
gravel, concrete wheel strips, or another approved, improved -surface.
2. Multi -family dwelling units shall provide 1.5 onsite parking spaces per dwelling
unit with three or fewer bedrooms.
3. Off-street parking located behind the primary structure onsite shall be eligible for
up to a 25% reduction in the amount of required parking.
4. The Community Development Services Director or designee may allow for a
reduction in the required amount of parking, when the applicant provides valid
reason substantiated by technical data and analysis performed by a certified
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professional, specializing in transportation Planning or Engineering.
5. The Community Development Services Director may approve shared parking
configurations with adjacent properties within 500 feet of the subject property
when:
1. A parking agreement, signed by both property owners and notarized, is
submitted.
2. A shared parking analysis provided by the applicant, demonstrates
through technical data and analysis, that the shared parking arrangement
will satisfy Code requirements for each use, during peak hour operation.
6. Where sufficient area for on -street parking is available, it may be utilized
to satisfy a development's parking requirements, when approved by the
Director of Public Services.
1. Surface improvement may be required.
7. At no time shall the required parking be diminished, by bonuses or
adjustments, to below 50% of the required spaces.
SECTION 3. SEVERABILITY. If any word, phrase, clause, paragraph, section or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,
such finding shall not affect the other provisions or applications of the ordinance which can be given
effect without the invalid or unconstitutional provisions of this ordinance are declared severable.
SECTION 4. SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent
of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public
hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 5. ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public
health, safety, or welfare.
SECTION 6. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All
Charter provisions, codes, ordinances and resolutions or parts of charters provisions, codes, ordinances and
resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING B HE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE 13 1 DAY OF , 2020.
ATTEST:
L ZABET M. ROY
City Clerk
APPROVED BY ME THIS t �J DAY OF
. WHITTEN
Mayor
, 2020.
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