ORDINANCE 2015- ____
AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE
AN ORDINANCE OF THE CITY OF PALM COAST,
FLORIDA, AMENDING SUB-SECTION 3.04.04, PALM
COAST PARKWAY OVERLAY ZONE, TABLE 3-3,
RESIDENTIAL ZONING DISTRICTS - DIMENSIONAL
STANDARDS, TABLE 3-5, NONRESIDENTIAL AND MIXED
USE ZONING DISTRICTS - DIMENSIONAL STANDARDS
AND SUB-SECTION 3.05.02, BUILDING SETBACKS, OF
CHAPTER 3 OF THE CIT
Y’S UNIFIED LAND
DEVELOPMENT CODE, TO INCLUDE HEIGHT, SETBACK
AND DISTANCE STANDARDS FOR WIRELESS
COMMUNICATION FACILITIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS , Chapter 3 of the Land Development Code, Section 3.04, Overlay
Zones, Sub-Section 3.04.04, Palm Coast Parkway Overlay Zone, limits the height of buildings and structures to a maximum of 50 feet; and
WHEREAS , the dimensional standards, noted in Tables 3-3 and 3-5 of Chapter 3, do not include additional setback and distance requirements for wireless communication facilities and equipment compounds from residential zoning districts, residential dwellings units and certain right-of-ways; and
WHEREAS , Chapter 3 of the Land Development Code, Section 3.05,
Interpretations, Sub-Section 3.05.02, Building Setbacks, needs to include additional setback requirements for wireless communication facilities and equipment compounds within residential zoning districts, residential dwelling units and from certain right-of-ways; and
WHEREAS , the City wishes to preserve the aesthetic appeal and to safeguard the public health, safety, and general welfare within Palm Coast by establishing minimum setbacks from public roads, residential dwelling units and residentially zoned lands for wireless communication facilities and equipment compounds; and
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WHEREAS , the City finds that establishing an exception for wireless communication facilities from the overlay height limit achieves the goal of increased cellular and high speed data service coverage; and
WHEREAS , the City finds that establishing minimum setback and distance requirements for wireless communication facilities and equipment compounds from rights-of-way, residentially zoned lands, and residential dwelling units reduce the adverse and undesirable impacts of such facilities and compounds within the Palm Coast Parkway
Overlay Zone; and
WHEREAS , this amendment is consistent with the City’s Comprehensive Plan; and
WHEREAS , words with underlined type shall constitute additions to the original text and strike through shall constitute deletions to the original text, and asterisks (* * *) indicate that text shall remain unchanged from the language existing prior to adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM COAST, FLORIDA:
SECTION 1. The foregoing whereas clauses are incorporated here as legislative findings by this reference and made a part hereof for all intents and purposes.
SECTION 2. Chapter 3, Zoning, Uses, and Dimensional Standards, Section 3.04,
Overlay Zones, Sub-Section 3.04.04, Palm Coast Overlay Zone, Sub-subsection
3.04.04E, Building height, is amended as follows:
* * *
E. Building height.
The maximum height permitted within the Palm Coast
Parkway Overlay Zone is 50 feet, inclusive of all appurtenances, except for wireless telecommunication facilities.
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* * *
SECTION 3. Chapter 3, Zoning, Uses, and Dimensional Standards , Table 3-3
Residential Zoning Districts
– Dimensional
Standards , footnote eight (8), is amended as follows:
Table 3 - 3: Residential Zoning Districts - Dimensional Standards
* * *
8 See Section 3.05 for setback determinations and setback requirements for multistory developments adjacent to residential zoning districts and wireless communication facilities and equipment compounds.
* * *
SECTION 4. Chapter 3, Zoning, Uses, and Dimensional Standards, Table 3-5,
Nonresidential and Mixed Use Zoning Districts – Dimensional Standards, is amended as follows:
Table 3 - 5. Nonresidential and Mixed Use Zoning Districts - Dimensional Standards
Zoning District
Standard
Minimum Lot Size 20,00
0 sq. ft.
Minimum Lot
Width 1
Maximum
Impervious
Surface Ratio
(ISR)
100'
0.70
20,00
0 sq. ft.
100'
0.70
30,00
0 sq. ft.
100'
0.70
15,00
0 sq. ft.
100'
0.70
20,00
0 sq. ft.
100'
0.70
20,00
0 sq. ft.
100'
0.70
20,00
0 sq. ft.
100'
0.70
Maximum Floor
Area Ratio (FAR)
Maximum
Building Height 4
Interior Side and
Rear Setbacks 5
Minimum
Building
Setbacks from
Streets:
0.30
50'
10'
3 0.40
100'
10' 6
0.50
75'
10' 6
0.40
75'
10'
0.40
100'
10'
0.30
100'
10'
0.35
1 acr e
150
'
0.6
5
0.4
5
NA
NA
0.2
0
0.1
0
NA
NA
0.0
5
NA
N/
A
N/
A
NA
2
NA
65'
10'
65'
15'
35'
5'
35'
10
0'
5' N/
A
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Arterial/Collec tor Road 5,7
25' 25' 25' 25' 25' 25' 25' 35' 35' 35' N/
A
Local Road 5 20' 20' 20' 20' 20' 20' 25' 35' 10' 10' N/
A
Footnotes for Table 3-5:
In no event shall the lot frontage on a street or access easement be less than 20 feet.
2 See Subsection 3.03.04 for open space requirements.
3 The gross floor area of a neighborhood shopping center shall not exceed 50,000 square feet.
4 See Subsection 3.04.04
for height restrictions within the Palm Coast Parkway Overlay Zone. Additional height is permitted for appurtenances in the IND-2 District, as required by federal and state regulatory agencies. See Chapter 13 for additional restrictions on building height that may be applicable.
5 See Section 3.05
for setback determinations and setback requirements for multistory developments adjacent to residential zoning districts and wireless communication facilities and equipment compounds. Fifteen percent wider width required for corner lots. See Chapter 9 for subdivision design standards. In no event shall lot frontage on a street or access easement be less than 20 feet. Minimum setback requirement is 25 feet when abutting the SFR, DPX, EST, AGR, PRS, and P&G Districts.
6 A zero foot interior side setback is permitted for a large-scale retail center with an approved master plan.
7 Buildings abutting any specific arterial or collector road listed in Table 11-5 of Chapter 11 require a 35-foot setback to accommodate the landscape buffer.
SECTION 5. Chapter 3, Zoning, Uses, and Dimensional Standards, Section 3.05
Interpretations, Sub-section 3.05.02, Building setbacks, is amended by adding a new subparagraph (F) as follows:
* * *
F. Wireless communication facilities and equipment compounds. Wireless communication facilities and equipment compounds shall have the same setback requirements as the zoning district in which they are located but no less than 10 feet; shall have a minimum distance of 150 feet from all off-site residential zoned property, residential dwelling unit and the rights-of-way of
Palm Coast Parkway, Belle Terre Parkway, Belle Terre Boulevard, and Old
Kings Road.
SECTION 6. CODIFICATION. This Ordinance shall be codified in the City Code of the City of Palm Coast.
SECTION 7. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
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independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and adoption.
Approved on the first reading this 21 st day of July 2015.
Adopted on the second reading after due public notice and hearing this 4 th day of
August 2015.
ATTEST:
_________________________________
Virginia A. Smith, City Clerk
CITY OF PALM COAST, FLORIDA
_______________________________
Jon Netts, Mayor
Approved as to form and legality
_______________________________________
William E. Reischmann, Jr., City Attorney
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