city of fellsmere exhibit 1. architectural standards · city of fellsmere exhibit 1. architectural...

City of Fellsmere Exhibit 1. Architectural Standards

Spanish Mission

Flat or gable roof with curvilinear parapet features

Ceramic tile roof surface

Stucco facades

Flat roof entrance porches commonly with arched entrance supported by square columns

Casement and double-hung sash windows

Ceramic tile decorations Craftsman

Shallow pitch roof

Front porch supported on masonry piers surmounted with short wood columns

Siding varies from wood shingle to horizontal siding or stucco

Asymetrical fenestrations

Double hung sash windows in groups of two or three

Dormers

Carved rafter ends

Knee braces

Frame Vernacular

Stemwall or masonry pier foundations

Steep pitched gable or hip roofs

Horizontal wood siding

Shingles or metal roof surfacing

One or two story porches

Double hung sash multi glazing windows

Exposed rafter ends

Knee braces

Limited fenestrations Mediterranean Revival

Flat or hip roofs with some form of parapet

Ceramic tile roofing material

Stuccoed facades

Entrance porhces commonly with arched opening supported by square columns

Casement and double-hung sash windows

Ceramic tile decorations

Masonry Vernacular

Commonly associated with commercial building types

Comprised of brick, rough-faced concrete block or standard concrete block with stucco finish

Flat roofs with multi-level parapets

First floor separated from upper floors by string course

Fixe plate glass display windows

Prominent entrance with double doors Prairie

Two-story design

Horizontal planes against vertical mass

Low-pitched gable or hip roofs

Boxed eaves

Dormers

Massive chimney

Horizontal ribbons of casement windows

One-story porch or porte cocheres w/ massive column supports

Cantilevered overhangs

Brick, stucco or rough face cast stone exterior wall fabrics in combination with wood

Exhibit 2

a. N. Myrtle

N. Willow

S. Carolina

CR512 Old Town

CR512 Frontage

Off Road

b. N. Broadway

c. N. Broadway

d. N. Broadway

e. N. Myrtle

N. Willow

S. Carolina

Off Road

Front Yard: A building that occupies the full width of the lot from side boundary to

side boundary. The frontage setback may vary by subdistrict to define the desired

urban condition. This arrangment is often used for residential townhouse

developments, and when combined with a rear outboulding and side walls/fences,

creates a private realm.

Rearyard: A building that occupies the full frontage, leaving the rear of the lot as

the sole yard. This is a very urban type as the continuous facade steadily defines

the public thoroughfare. The rear elevations may be articulated for functional

purposes. For its commercial form, the rear yard can accommodate substantial

parking.

Courtyard: A building that occupies the boundaries of its lot while internally

defining one or more private or semi-private patios. This is the most urban of

types, as it is able to shield the private realm from all or most sides while strongly

defining the public thoroughfare.

Building Disposition. This table approximates the location of the principal building relative to the boundaries of each individual lot, establishing suitable building types for

each Infill/Redevelopment District.

City of Fellsmere

Edgeyard: A building that occupies the center of its lot with setbacks on all sides.

This is the least urban of types as the front yard sets it back from the frontage,

while the side yards weaken the spatial definition of the public thoroughfare space.

The front yard is intended to be visually continuous with the yards of adjacent

buildings. The rear yard can be secured for privacy by fences and a well placed

backbuilding and/or outbuilding.

Sideyard: A building that occupies one side of the lot with the setback to the other

side. The frontage setback may vary by subdistrict to define the desired urban

condition.

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Agricultural uses Manufacturing, light □ □Administrative services ■ ■ ■ ■ ■ ■ ■ Medical clinics ■ □ □ □ ■ □ ■Adult day care ■ ■ □ □ ■ □ ■ Micro-brewery □ □ □ ■Assisted living facility ■ ■ □ □ ■ □ ■ Mini- or self storage facility ■ □ □ ■Banks/financial institutions ■ ■ ■ ■ ■ □ ■ Mixed-use building/projects ■ ■ ■ ■ ■ ■ ■Bars (eating and drinking) □ □ □ ■ Nursing/convalescent homes □ □ □ □ □Bed and breakfast □ □ ■ ■ □ □ □ Office ■ ■ ■ ■ ■ ■ ■Brewpub □ □ □ ■ Outside display ■ ■ ■ ■ ■ □ ■Business/professional offices ■ ■ ■ ■ ■ ■ ■ Outdoor storage ■ □ □Building material sales ■ ■ □ ■ Parking facility (principal use) □ □ □ □ □ □ □Carnivals and festivals □ □ □ □ □ □ Plant nurseries ■ □ □ ■Car wash establishments □ Planned Developments ■ ■ ■ ■ ■ ■ ■Child care ■ ■ □ □ ■ ■ ■ Printing/graphic arts ■ ■ □ □ ■ □ ■Church, convent or parish house ■ □ ■ ■ ■ □ ■ Public use ■ □ □ □ ■ □ ■Clubs and lodges ■ ■ ■ ■ ■ □ ■ Public utility service facilities ■ □ □ □ ■ ■Cultural or civic building/use □ □ ■ ■ ■ □ Recreation, indoor ■ □ □ □ ■ ■Construction related business ■ Recreation, outdoor ■ □ ■Congregate care facility □ □ □ □ □ □ □ Recreational vehicle parks □Crematory □ Residential child care agency □ □ □ □ □Dwellings, accessory ■ ■ ■ ■ ■ ■ ■ RV and boat storage □ □Dwellings, multifamily ■ ■ ■ □ □ ■ Restaurants ■ ■ ■ ■ ■ ■ ■Dwellings, single-family ■ ■ ■ ■ Retail ■ ■ ■ ■ ■ ■ ■Drive-through facility □ □ □ □ □ Schools ■ ■ ■ ■ ■ ■ ■Dry cleaning □ □ □ Service, business ■ ■ ■ ■ ■ ■ ■Electronic assembly □ □ Service, personal ■ ■ ■ ■ ■ ■ ■Large family day care ■ ■ □ □ ■ □ ■ Soup kitchens □ □ □ □Food Production (principal use) ■ ■ □ □ ■ □ ■ Storage of inoperable/unlicensed vehicles □ □Funeral homes/mortuary □ □ □ □ Studios (art, museum, galleries) ■ ■ ■ ■ ■ ■ ■Golf course/golf driving range Studios (radio/TV) ■ ■ □ □ ■ □ ■Miniature golf □ □ □ Telecommunication towers □ □Group care home □ □ □ □ □ □ □ Temporary labor agency ■ □ □ ■Industrial, light □ Vehicle sales and rental □ □Heloport Vehicle major repair, service and maint. □ □Hospital □ Vehicle minor repair, service and maint. ■ □ ■ ■Hotels, motels ■ ■ ■ ■ ■ □ □ Veterinary clinic ■ □ □ □ ■Kennel □ Warehousing and wholesaling ■ ■Laboratories and clinics ■ □ ■ Wholesaling from sample stocks ■ ■

City of Fellsmere Exhibit 3

Specific Function and Use. This exhibit delegates specific functions and uses within Infill/Redevelopment Districts.

Exhibit 4

LOT ► ◄ R.O.W. LOT ► ◄ R.O.W.

PRIVATE ► ◄ PUBLIC PRIVATE ► ◄ PUBLIC

FRONTAGE FRONTAGE FRONTAGE FRONTAGE

a. N. Myrtle

N. Willow

b. N. Willow

S. Carolina

CR512 Old Town

CR512 Frontage

Off Road

c. N. Broadway

S. Carolina

CR512 Old Town

d. S. Carolina

Off Road

e. N. Broadway

S. Carolina

CR512 Old Town

f. N. Broadway

S. Carolina

CR512 Old Town

g. N. Broadway

S. Carolina

CR512 Old Town

h. CR512 Frontage

Private Frontages. The Private Frontage is the areas between the building facades and the lot lines.

SECTION PLAN

City of Fellsmere

Stoop: a frontage wherein the façade is aligned close to

the frontage line with the first story elevated from the

sidewalk sufficiently to ensure privacy for the windows.

The entrance is usually an exterior stair and landing. This

type is recommended for ground-floor residential use.

Forecourt: a frontage wherein the façade is close to the

frontage line and the central portion is set back. Large

trees within the forecourts may overhang the sidewalks.

Commercial: the facade is set back from the frontage

line to accommodate pedestrian and/or vehicular access,

parking and civic spaces. This type is conventional for

retail use away from the core downtown area.

Gallery: an attached cantilevered shed or lightweight

colonnade that overlaps the sidewalk, while the façade at

sidewalk level remains at or behind the fontage line. This

type is conventional for retail use. The gallery should be

no less than 10 feet wide and should overlap a sidewalk.

Arcade: a collonade supporting habitable space that

overlaps the sidewalk, while the façade at sidewalk level

remains at or behind the frontage line. This type is

conventional for retail use. The arcade shall be no less

than 10 feet wide and should overlap a sidewalk.

Shopfront: a frontage wherein the façade is aligned

close to the frontage line with the building entrance at

sidewalk grade. This type is conventional for retail use. It

has substantial glazing on the sidewalk level and may

have awnings that overlap the sidewalk.

Reduced Yard: a planted frontage where the façade is

set back from the frontage line with an attached porch

permitted to encroach. A fence may be placed at the

frontage line to maintain street spatial definition. If

provided, porches shall be no less than 8 feet deep.

Large Yard: a planted frontage wherein the façade is set

back substantially from the frontage line. The front yard

created remains unfenced and is visually continuous with

adjacent yards, supporting a common landscape.


Sign Regulations

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Specifics

Address Label a. One attached wall street address sign may be displayed.

b. Residential use - shall not exceed two square feet in sign area with minimum 4" letter.

c. Nonresidential use - shall not exceed four square feet in sign area with minimum 6" letter.

d. All address labels shall be visible from the street at all times.

Awning Sign a. The following variations are permitted, with or without signbands: fixed or retractable awnings, shed awnings,

dome awnings.

b. No portion shall be lower than eight (8) feet clearance.

c. Shall not extend beyond the width of the building or tenant space, nor encroach above the roof line or the

story above.

g. The height of the valance shall not exceed twelve (12) inches.

h. Signage shall be limited to the valance and shall contain only the business name, logo, and/or street address,

which shall not repeat.

i. Letters, numbers, and graphics shall cover no more than seventy percent (70%) of the Valance area.

j. Awning Signs shall not be internally illuminated or backlit.

Blade or Shingle Sign a. One (1) sign permitted where principal entrance is no more than ten (10) feet from the principal frontage line.

b. May encroach into public frontage up to four (4) feet and shall clear the sidewalk by at least eight (8) feet.

c. Shall not encroach above the roof line nor above the bottom of the second story window.

d. Text and graphics shall be limited to the name and/or logo of the business and may be double-sided.

e. Mounting hardware, such as supports and brackets shall complement the design of the sign, the building, or

both and shall be coordinated where multiple signs are present.

f. Shall not exceed six (6) square feet and should be perpendicular to the facade.

■ By Right

o By Minor Relief

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Sign Regulations

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Specifics

Marquee a. Located only above the principal entrance of a building.

b. No wider than the entrance it serves, plus two (2) feet on each side thereof.

c. No portion shall be lower than ten (10) feet clearance.

d. Shall not extend beyond the far edge of sidewalk.

e. Columns or posts may be used as supports for marquees eight (8) feet deep or deeper by Major Relief.

h. Message Boards shall be permitted as part of marquees.

i. A band sign shall be permitted above a marquee.

Name Plate a. Shall consist of panel or individual letters applied to a building wall within ten (10) feet of an entrance to the

building.

b. One nameplate shall be permitted per principal building.

c. Nameplates shall not exceed three (3) square feet.

d. Nameplates shall be constructed of durable materials.

Band Sign a. May include name of business, background, lighting, and logo.

b. Shall not project vertically above the roof line.

c. Shall be constructed of:

i. cut-out letters individually attached to the wall and externally illuminated.

ii. flat panel printed or etched on same surface as the background and externally illuminated.

d. Shall not be wider than 90% of the width of the building Facade or tenant space and shall not exceed 3 feet in

height.

e. Electrical raceways, conduits and wiring shall not be exposed. Neon or similar lighting systems shall not be

permitted.

f. Shall be vertically aligned with center of an architectural feature or retail space.

g. All first floor businesses are permitted one sign on each first story facade. Multiple signs (i.e., tennants in a

retail center) shall be coordinated in terms of scale, placement, colors and materials.

h. Shall only be permitted by Minor Relief for architectural styles and design compatible with sign style.

■ By Right

o By Minor Relief

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Sign Regulations

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Specifics

A-Frame a. Shall consist of freestanding, double-sided temporary signs.

b. One (1) sign shall be permitted for each business.

c. Shall be moved inside during high winds or other weather conditions that might pose a hazard to public safety.

d. Shall be professionally made of durable materials.

Shadow Box a. Shall not exceed six (6) square feet.

b. May be externally or internally illuminated.

c. Theaters may obtain Major Relief for larger outdoor display cases.

d. Shall not be attached to windows.

E. One sign shall be permitted per principal building.

Free Standing (post) See Section 9.4 through 9.10 for specific allowances within each subdistrict.

■ By Right

o By Minor Relief

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Sign Regulations

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Specifics

Window a. Shall consist of

i. Vinyl applique letters applied to the window.

ii. Letters painted directly on the window.

iii. Hanging signs that hang from the ceiling behind the window.

iv. Neon signs no larger than 6sf.

b. Shall not interfere with the primary function of windows, which is to enable passersby and public safety

personnel to see through windows into premises and view product displays.

Wall a. The number of size of wall signs shall comply with Article X of the Code.

b. Shall not project vertically above the roof line except by Minor Relief.

c. For illuminated signs, electrical raceways, conduits and wiring shall not be exposed.

d. Neon or similar lighting systems shall not be permitted.

e. Multiple signs, when allowed, shall be coordinated in terms of scale, placement, colors and materials.

Free Standing (monument) a. Setbacks shall be as set forth in Sections 9.4 through 9.10 of the Code.

b. Shall be constructed of:

i. concrete or concrete block with stucco or other decorative finish or

ii. pole mounted sign with enclosed base of metal or plastic.

c. Shall be externally illuminated. Electrical raceways, conduits and wiring shall not be exposed. Neon or similar

lighting systems shall not be permitted.

By Right

By Minor Reliefo■

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Lighting: Public lighting shall comply with the following standards except by Minor Relief.

Standard Fuel Source Material Misc. Standards

Natural Gas Copppera. Dual burnerb. Pedestrian pole mounted light along public sidewalks

Electric Black Metala. 50W minimum powerb. Pedestrian pole mounted light along public sidewalks

Electic Black/Bronze Metal

a. Minimum power as needed to provide minimum 2 footcandles at building entrance.b. Pedestrian wall mounted lights along public sidewalks

Dual Black Metal

a. Octogon base and poleb. All pedestrian and parking lights polesc. Pedestrian poles maximum 10' highd. Parking lot poles maximum 15' high

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a. N. Myrtle

N. Willow

S. Carolina

CR512 Old Town

Off Road

b. N. Myrtle

N. Willow

S. Carolina

CR512 Old Town

Off Road

c. N. Broadway

S. Carolina

CR512 Old Town

d. N. Broadway

S. Carolina

CR512 Old Town

CR512 Frontage

Off Road

e. N. Myrtle

N. Willow

S. Carolina

CR512 Old Town

CR512 Frontage

Off Road

Civic Space: Civic Space types are defined by the combination of certain physical constants including the relationships among

their intended use, their size, their landscaping and their enfronting buildings.

Plaza: An open space available for civic purposes and commercial activities. A

plaza shall be partially defined by building frontages. Its landscape shall consist

primarily of urban hardscape elements and defined landscape beds. Trees are

optional; however in the absence of trees, a shade bearng hardscape element

is required. Plazas should be located at the intersection of important streets

and may be provided mid-way along long pedestrian routes. The minimum size

shall be 100 square feet.

Playground: An open space designed and equipped for the recreation of

children. A playground may be fenced and may include an open shelter.

Playgrounds may be included within parks and greens. There shall be no

minimum or maximum size.

Park: An open space available for structured or unstructured recreation. A park

may be independent of surrounding building frontages. Its landscape shall

consist of paths and trails, water bodies, open shelters, and other man made

recreation items, all naturalistically disposed. Parks may be lineal, following the

trajectories of natural corridors, roads or blocks. The minimum size shall be

0.25 acres.

Green: An open space, available for unstructured recreation. A green may be

spatially defined by landscaping rather than building frontages. Its landscape

shall consist of lawn and trees, naturalistically disposed. The minimum size

shall be 0.25 acres.

Square: An open space available for unstructured recreation and civic

purposes. A square is partially defined by building frontages. Its landscape

shall consist of paths, lawns and trees, formally disposed. Squares should be

located at the intersection of important thoroughfares. The minimum size shall

be 0.25 acres.


Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes.

Dimensions are given in Exhibit 9.

PLAN

LOT► ◄ R.O.W.

PRIVATE FRONTAGE► ◄ PUBLIC FRONTAGE

N. Myrtle: This frontage has open swales drained by percolation and no on-street

parking. The landscaping consists of regular or irregular spaced canopy trees. Sidewalks

are provided on both sides of the street, and bicycles share the lane/sidewalks. Buildings

are buffered by large yards.

N. Willow: This frontage has open swales drained by percolation and no on-street

parking. The landscaping consists of regular spaced canopy trees. Sidewalks are provided

on both sides of the street, and bicycles share the lane/sidewalks. Buildings are buffered

by reduced yards.

N. Broadway: This frontage has raised curbs drained by inlets with parallel on-street

parking. The landscaping consists of regularly spaced street trees of a single species or

alternating species within a continuous planter strip. A wide sidewalk is provided along

both sides of the street, and bicycles share the lane/sidewalk. Buildings are set at the

back of sidewalk. Pedestrian scale lighting at regular intervals line the sidewalk.

CR512 Old Town: This frontage has raised curbs drained by inlets with parallel on-street

parking. The landscaping consists of regularly spaced street trees of a single species or

alternating species within a continuous planter strip. A wide sidewalk and exclusive

bicycle lanes are provided along both sides of the street. Buildings are buffered by

reduced yards.

CR512 Frontage: This frontage has raised curbs drained by inlets with no on-street

parking. A parallel access road is utilized to control access to the main thoroughfare

along the north side of the road. The landscaping consists of regularly spaced street

trees of alternating species within a continuous planter strip. An ADA compliant

sidewalk and exclusive bicycle lanes are provided along both sides of the street.

Buildings are buffered by large or reduced yards.

Off Road: This frontage has open swales drained by percolation and no on-street

parking. The landscaping consists of regularly spaced street canopy trees. An ADA

compliant sidewalk is provided on at least one side of the road, and bicycles share the

lanes. Buildings are buffered by large or reduced yards.


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a. PAVING e. MISCELLANEOUS DETAILS

Crushed Stone/Shell ▪ ▪ ▪ Locatrion of Surface Stormwater Facilities

Grassed Cellular Confinement ▪ ▪ ▪ ▪ ▪ ▪ ▪Pervious Asphalt ▪ ▪ ▪ ▪ ▪ ▪ ▪Asphalt ▪ ▪ ▪ ▪ ▪ ▪ ▪Concrete ▪ ▪ ▪ ▪ ▪ ▪ ▪Pervious Concrete ▪ ▪ ▪ ▪ ▪ ▪ ▪Stamped Asphalt ▪ ▪ ▪ ▪ ▪ ▪ ▪Stamped Concrete ▪ ▪ ▪ ▪ ▪ ▪ ▪Pea Gravel ▪Stone/Masonry Paving Blocks ▪ ▪ ▪ ▪ ▪ ▪ ▪Asphalt Millings ▪ ▪ ▪b. CONVEYANCE

Constructed Creek ▪ ▪ Wet Facility - Landscape

Vegetative Swale ▪ ▪ ▪ ▪ ▪ ▪Vegetative/Stone Swale ▪ ▪ ▪ ▪ ▪ ▪Bio Swale ▪ ▪ ▪ ▪ ▪ ▪Grassed Cellular Confinement ▪ ▪ ▪ ▪ ▪ ▪ ▪Exfiltration Trenches ▪ ▪ ▪ ▪ ▪ ▪ ▪Subsurface Pipe ▪ ▪ ▪ ▪ ▪ ▪ ▪Planting Strip Trench ▪ ▪ ▪ ▪ ▪ ▪ ▪Trough

Sculpted Watercourse, i.e. cascades ▪ ▪ ▪ ▪ ▪ ▪ ▪c. STORAGE

Irrigation Pond ▪ ▪ ▪ ▪ ▪ ▪Retention Basin/Pond ▪ ▪ ▪ ▪ ▪ ▪Detention Basin ▪ ▪ ▪ ▪ ▪ ▪Rain Garden ▪ ▪ ▪ ▪ ▪ ▪ ▪Flowing Park ▪ ▪ ▪ ▪ ▪ ▪Landscaped Tree Well ▪ ▪ ▪ ▪ ▪ ▪ ▪Pool/Fountain ▪ ▪ ▪ ▪ ▪ ▪ ▪Underground Vault ▪ ▪ ▪ ▪ ▪ ▪ ▪Off-site ▪ ▪ Wet Facility - Landscape

Impervious Surface Basin ▪ ▪ ▪ ▪ ▪ ▪ ▪d. FILTRATION

Constructed Wetland ▪ ▪Exfiltration Trenches/Chambers ▪ ▪ ▪ ▪ ▪ ▪ ▪Surface Landscape ▪ ▪ ▪ ▪ ▪ ▪ ▪Natural Vegetation ▪ ▪ ▪ ▪ ▪ ▪ ▪Bio Swale ▪ ▪ ▪ ▪ ▪ ▪Roof Garden ▪ ▪ ▪ ▪ ▪ ▪ ▪Rain Garden ▪ ▪ ▪ ▪ ▪ ▪Detention Pond ▪ ▪ ▪ ▪ ▪ ▪Grassed Cellular Confinement ▪ ▪ ▪ ▪ ▪ ▪ ▪Waterscapes ▪ ▪ ▪ ▪ ▪ ▪ ▪


Solar Energy. This table shows opportunities for the placement of solar-powered devices.

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Specifics

Solar Farm

■

Shall provide a Type 'B' visual screen.

Roof Mounted Solar Panels

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Shall be screened as required for

rooftop mechanical equipment.

Public Furniture

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By Major Relief.


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Specifics

Accessory Stand-alone Structure

■ ■ ■ ■ Height: 30'

Location: Rear Yard

Accessory Attached Structure

■ ■ ■ ■ ■ ■ ■ Height: 15' above top of building

Location: Rear Half of Building

Public Furniture

By Major Relief only.

Wind Power. This table prescribes opportunities for the placement of wind-powered devices.


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Specifics

Vegetable Garden

Accessory to a principal use.

Located in the 2nd or 3rd lot layer.

Urban Farm

Equipment/Supplies stored inside.

May not use City potable water.

Approved by Major Relief

Community Garden



Approved by Major Relief

Green Roof


Vertical Farm



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Food Production. This table shows ways of incorporating types of food production within Infill/Redevelopment Districts.

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N. Broadway Graphic Standards Exhibit 17

1

Typical Section NTS

Typical Plan NTS

ARTICLE IX – INFILL/REDEVELOPMENT OVERLAY DISTRICT 5/1/15

1

Section 9.0. Infill/Redevelopment Overlay District General Standards. A. Background and Intent. Infill/redevelopment projects shall be encouraged within existing residential and commercial areas in the core of the City as designated on the Future Land Use Map of the City of Fellsmere Comprehensive Plan. Such infill/redevelopment areas shall be regulated through overlay zoning districts contained herein defining specific standards and procedures of development. The purpose of the Infill/Redevelopment Overlay District is to encourage redevelopment, historic restoration, infill development, and generally to promote a sense of place within the historic portion of the city by providing standards and development incentives that are not otherwise available. This includes the promotion of traditional historical building types and the enabling of social interaction on downtown streets and to preserve the small town character of Fellsmere. The Infill/Redevelopment Overlay District authorizing infill/redevelopment shall incorporate standards and/or review criteria for mandating retention of civic and open space and for regulating building design, setbacks, building placement and orientation on site, architectural standards, urban design standards, sign regulations, landscaping and parking. These provisions shall be directed toward protecting privacy, as well as to light, air, and open space. Other reasonable design principles shall be included in the Infill/Redevelopment Overlay Districts to alleviate adverse impacts of potentially incompatible land uses. The following general infill development and redevelopment values are hereby promoted:

1. Maintain development consistency with the Goals, Objectives and Policies of the Comprehensive Plan and promote compatibility with surrounding uses;

2. Promote economic development, eliminate blighting community influences, provide a diverse range and mix of development opportunities, protect existing residential areas, and preserve intrinsic natural and man-made resources;

3. Create and incorporate design guidelines for renovations, remodeling, redevelopment and new construction, which includes, but is not limited to, architectural styles, landscaping, signage, walls/fences, and the like;

4. Maintain strong community standards and aesthetics while encouraging diversity in design, materials, layout and other characteristics of development;

5. Establish a set of performance standards for all development to follow; 6. Establish a theme for streetscape, signage, lighting, furniture, and other outside features for use within the district

when undertaking development; 7. Create and re-affirm, a sense of place and community for the City of Fellsmere; 8. Encourage the redevelopment and adaptive reuse of historically significant and architecturally important

structures; 9. Reinforce and enhance the city's community appearance; 10. Complement adjacent development and buildings in terms of general intensity and use for residential projects; 11. Provide special consideration to street pattern, identifiable style, proportions, shapes, relationship to the street,

pattern of buildings and yards, and patterns created by doors, windows, projections and recesses; and 12. For multifamily and nonresidential development, mandate traditional, historically relevant, durable construction

which is harmonious with the architectural heritage of the historic portion of Fellsmere. B. Infill/redevelopment district and subdistrict boundaries. There is hereby established within the City of Fellsmere an "Infill/Redevelopment District Overlay Zone," hereinafter the "Infill/Redevelopment District." The boundaries of the Infill/Redevelopment Overlay Zone are set forth in Figure 1-1C of the Comprehensive Plan, and the infill/redevelopment subdistricts are set forth on the official zoning atlas and further described in Section 9.2. C. Applicability. The Infill/Redevelopment Overlay District regulations shall apply to all new development and substantial redevelopment of parcels within each subdistrict as defined herein. Substantial redevelopment shall be defined as building additions or modifications equal to 50% of the value of the existing building as determined by the Indian River Property Appraiser, re-facing, re-roofing, re-painting, any changes to the site’s access or parking lots, any new signage or replacement of existing signs except for sign faces or language, any changes or additions to the landscape, or any expansion of the site.

1. Existing buildings and appurtenances that do not conform to the provisions of this Article may continue in the same use and form until substantial redevelopment occurs or is requested, at which time the TRC shall determine what provisions of this Article shall apply.

2. The modification of existing buildings is permitted if such changes result in greater conformance with the specifications of this Article.


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3. Where buildings exist on adjacent lots, the TRC may require that a proposed building match one or the other of the adjacent setbacks and heights rather than the provisions of this Article.

4. The restoration or rehabilitation of an existing building shall not require the provision of additional parking or additional on-site stormwater retention/detention.

5. Provisions of this Article are activated by “shall” when required; “should” when recommended; and “may” when optional.

6. The provisions of this Article, when in conflict, shall take precedence over those of other codes, ordinances, regulations and standards

7. Existing codes shall continue to be applicable to issues not covered by this Article. 8. Article II, Definitions of the Code contain regulatory language that is integral to this Article. Those terms not

defined in Article II shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of the other codes, ordinances, regulations and standards, those of this Code shall take precedence.

9. Numerical metrics shall take precedence over graphic metrics. 10. Non-conforming uses created by the adoption of this Article shall be deemed legal non-conforming uses subject

to the provisions of Article VIII of this Code. D. Interpretation. In the interpretation and application of this land development code article, the provisions hereof shall be held to be minimum requirements. Greater than such minimum requirements may be imposed where to do so will more reasonably effectuate the proposed development and where such greater requirement is necessary in order to protect the health, safety and general welfare of the users or general community. In the event of a conflict between these regulations and others within the city’s Land Development Code, it is the intent of the City of Fellsmere that these regulations shall be the governing standards for development upon lands within the Infill/Redevelopment District. The city’s Land Development Code shall govern in areas not addressed within this Article. The City of Fellsmere shall have full authority in interpreting their meaning and applicability to any specific situation. E. Effective date. The provisions of this Article shall apply to all development within the Infill/Redevelopment District for which a complete application for a development permit pursuant to submittal requirements as defined in Article XIV of this Code has not been filed with the city development department on or before July 1, 2015. 9.1. Administration, enforcement, procedures, and penalties. A. Administration. The provisions of this Article shall be administered and enforced by the city manager, or his/her designee, whose duties shall include receiving and reviewing land development permit applications, assisting applicants in procedures required hereunder, making interpretations regarding the application of this infill/redevelopment code to particular properties, approving land development permit applications as authorized herein, and inspecting premises for compliance with the requirement herein. B. Application permits. No building or other land development permit shall be issued by the city unless all applicable provisions of this infill/redevelopment code have been met, including approved relief, based on the applicable development review and approval process. C. Procedures for application.

1. Pre-application conference. Before beginning any new development, substantial renovation, renovation, or demolition on private or public land, a pre-application conference with the city manager shall be convened to include the applicant, the city development director and other agencies or city departments as deemed necessary to determine the applicability of this infill/redevelopment code. An application fee shall be required for this pre-application conference as set by resolution.

2. Preliminary development review. After the pre-application conference, a preliminary design review may be requested by the city development director to include a conceptual site plan, floor plans, and elevations. A non-binding preliminary written response of the city development director may be requested by the applicant.

3. Application. After the pre-application conference and preliminary design review, if any, an application for development shall be submitted to the city development department in accordance with this Code. Applications for development permits, excluding interior tenant finishes, within the Infill/Redevelopment District shall meet the submittal requirements as defined in Article XIV of this Code. In addition to the requirements of Article XIV of this Code, site plans submitted under this Article shall provide the following in compliance with the standards described in this Article a. For preliminary site plan approval:

i. Building Disposition;


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ii. Building Configuration; and iii. Parking and loading.

b. For final site plan approval, in addition to the above: i. Landscape; ii. Signage; iii. Architectural Features (elevations of all sides); iv. Lighting; v. Civic Space provisions; and vi. Exterior materials and colors; vii. Special Requirements, if any; viii. Other documentation as required by the city development director in order to demonstrate compliance

with this infill/redevelopment code. D. Approvals.

1. Projects that require no deviation from the Code shall be processed administratively as set forth in Article XIV this Code without further recourse to public consultation.

2. There shall be two types of deviation from the requirements of this Code: Minor and Major Relief. Except as specifically stated herein, whether a deviation requires a Minor or Major Relief shall be determined by the TRC.

3. A Minor Relief is a ruling that would permit a practice that is not consistent with a specific provision of this Code but furthers the Intent of this Code. The TRC shall have the authority to approve or disapprove administratively a request for a Minor Relief.

4. A Major Relief is any ruling on a deviation other than a Minor Relief. Major Relief shall be granted only by City Council and shall follow the procedures and notice requirements of a Conditional Use approval.

5. The request for Minor or Major Relief shall not subject the entire application to public hearing, but only that portion necessary to rule on the specific issue requiring the relief.

6. A copy of all administrative approvals shall be provided to the City Council and Planning Commission at their next regularly scheduled meeting.

E. Violations and remedies. It shall be unlawful and a violation of this Code for any person to construct, renovate or remodel a building within the infill/redevelopment district except in compliance with applicable provisions of this Article. A violation of this Article shall be deemed a zoning violation. In such event, the city development director may initiate code enforcement proceedings to compel compliance. The city council may initiate appropriate civil proceedings including but not limited to a declaratory action, injunction action and mandamus action to compel compliance. 9.2. Designated infill/redevelopment subdistricts. A. Subdistricts defined. Seven subdistricts are defined, as described below and reflected upon the official zoning atlas of the city.

1. CR512 Old Town. This district applies as follows: a. All properties fronting CR 512 between Willow Street and Myrtle Street and those properties that contain

corner frontage with CR512 and Myrtle Street and CR512 and Willow Street. 2. Off Road. This district applies as follows:

a. All properties fronting the west side of N. Pine Street and the east side of N. Orange Street but excluding those properties that fall within the boundaries of the CR512 Old Town district and the S. Carolina Avenue district; and

b. All properties not fronting CR512 that lie as follows: i. Between CR512 and Oregon Avenue and between N. Willow Street and N. Pine Street but excluding

those properties with frontage on N. Willow Street; ii. Between CR512 and Michigan Avenue and between S. Willow Street and S. Pine Street; and iii. Between CR512 and California Avenue and containing a Medium Density Residential future land use

designation. 3. CR512 Frontage. This district applies as follows:

a. To all portions of a site and buildings located to a depth of 450 feet from the edge of the CR 512 right-of-way between Willow Street and 120th Street, excluding those properties otherwise contained within the CR512 Old Town district.

4. N. Broadway. This district applies as follows: a. All properties fronting N. Broadway Street but excluding those properties that contain corner frontage with

CR512 and N. Broadway Street. 5. N. Willow. This district applies as follows:


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a. All properties fronting N. Willow Street south of the former railroad right-of-way as recorded in Special Warranty Deed dated December 9, 2010 in Official Records Book 2463, Page 1625 but excluding those properties that contain corner frontage with CR512 and N. Willow Street.

6. N. Myrtle. This district applies as follows: a. All properties fronting N. Myrtle Street but excluding those properties that contain corner frontage with CR512

and N. Myrtle Street or contain corner frontage with S. Carolina Avenue and N. Myrtle Street. 7. S. Carolina. This district applies as follows:

a. All properties with frontage on the south side of S. Carolina Avenue containing an Old Town future land use designation but excluding those properties that contain corner frontage with S. Carolina Avenue and N. Broadway Street.

The boundary between the CR512 Old Town district and the Off Road district shall be determined at time of development application for property fronting CR512 to allow for parcel aggregation. 9.3. General District Regulations. The following general regulations apply to all infill/redevelopment subdistricts, except as otherwise stated herein. A. Architectural Standards. Single-family homes are exempt from these architectural standards except where

specifically stated herein. 1. Preferred Architectural Styles. Exhibit 1 and the following textual descriptions generally represent the desired type

of architectural styles or treatments. No other styles or materials may be approved within the Infill/Redevelopment Overlay District. The graphic representations contained in Exhibit 1 and the descriptions provided below are representative features only. The applicant shall be responsible for demonstrating compliance with one of the six allowed architectural styles. The applicant shall be responsible for all review costs related to the review for compliance with this Code. The City, at its sole discretion, shall determine compliance with these standards. a. Florida Frame Vernacular: cross gable roofs, clapboard siding, 2/2 double hung windows, louvered vents and

offset entrances, verandas with simple columns. b. Mission: hipped tile roofs with flat entry roof features, curvilinear parapet wall details, stucco exterior building

materials porte cocheres. c. Mediterranean Revival: combinations of sloped tile roofs and flat roofs with articulated parapet walls, arched

entryways and arched windows, stucco exterior building materials copings and arched wing walls. d. Masonry Vernacular (limited to North Broadway subdistrict): flat roofs, articulated parapet walls, cornice

bands, oversized lintels and sills, string course, double entry doors, low knee wall kick plates, large first floor fixed pane glass windows, and stucco exterior building materials double hung sash windows.

e. Prairie: hip dormers, masonry columns, continuous masonry knee walls, wide eaves 6/6 double hung windows.

f. Craftsman: gable over gable roofs, exposed rafters, truncated columns with brick or masonry bases, masonry or brick foundations or knee walls, wood siding with wood shingle highlights vertical pane windows.

2. Prohibited Architectural Styles. The following are prohibited. a. Corporate signature or commercial prototype architecture, unless such is consistent with these special

corridor requirements. Examples of such prohibited architecture include flat roofed structures without articulated roofs such as typical corporate convenience stores, drug stores, gas stations and canopies for gas stations, car washes, and drive through facilities.

b. Any kitsch architecture (such as a building that does not resemble a typical structure), including structures or elements that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs.

c. Any architecture having a thematic reference that is so different from current design philosophy that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include: igloos, domes or geodesic domes, quonset style structures, teepees, log cabins, western “false fronts”, medieval castles, caves, and the like.

3. Special Building Provisions. a. Building Disposition. Principal buildings, including single-family structures shall be placed, relative to the

boundaries of each individual lot, as required by Exhibit 2 and as otherwise allowed as set forth in Sections 9.4 through 9.10 of the Article for each specific subdistrict.

b. Separate Buildings. The materials, exterior finishes, signage and colors of separate buildings and structures developed on a parcel shall be compatible and harmonious with each other as determined by which structures are developed first. The requirement may be waived by the City Manager or designee if: 1) the initial building or structure was built prior to the enactment of this Article and;


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2) it is determined by the City Manager or designee that enforcement of this requirement would conflict with the intent of this Article.

c. Electrical Substations and Similar Uses. Electrical substations and similar uses that prohibit access by the public into the site may be exempted from all architectural/building requirements by the City Council, as part of the site plan review process, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.

d. Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter. e. Street screens should be constructed of a material compatible the adjacent building facade. f. Openings above the first story shall not exceed 50% of the total building wall area, with each facade being

calculated independently. g. Doors and windows that operate as sliders are prohibited along frontages.

4. General Design Criteria. a. Buildings with facades fronting on more than one street shall have similar design considerations (e.g. roof

treatment, building articulation, entrance features, and window placement) and consistent detailing on all street frontages.

b. General prohibitions and restrictions: 1) Flat blank, unarticulated, or massive facades are prohibited. Facades shall be designed to incorporate

architectural elements providing breaks in the planes of exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive mass. Facades shall incorporate elements relating to human scale and can be divided by use at proportional expression of structure, openings, arcades, canopies, fenestration, changes in materials, cornice details, molding details, changes in the heights of different sections of the building, and the like. Flat blank, unarticulated, or massive facades shall not extend more than fifty (50) feet without incorporating elements as set forth herein compatible with the architectural style of the building. Flat, blank or unarticulated walls will be permitted on the sides of a building when such side of the building is constructed with an allowable zero (0) foot side setback to an adjoining building.

2) The exterior finish material on all facades shall be limited to brick, wood siding, cementitious siding and/or stucco. The following materials or systems are prohibited as a finish and/or exposed product: corrugated or ribbed metal panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood. Plywood shall be allowed for soffit material.

3) Any canopy (such as for a gas station, car wash, or drive-through facility) shall meet the following requirements concerning maximum fascia height.

ROOF SLOPE DISTANCE MAXIMUM FASCIA HEIGHT

Less than 10 feet 8 inches 10 to 20 feet 12 inches

Greater than 20 feet 16 inches

4) Plastic is prohibited as a finish material for walls, sloped roofs, or visible roof structures. 5) Corrugated or ribbed metal is prohibited as a building or finish material, except for roof systems. 6) Any exposed masonry in a stack bond is prohibited. 7) Back lit transparent or translucent architectural elements as well as illuminated or back lit awnings,

fascias and roof mounted elements are prohibited. This does not prohibit the use of glass blocks. This does not prohibit the use of an illuminated sign attached to a building where such signs are otherwise allowed.

8) Facades that appear to be primarily awnings are prohibited. 9) Drive-up windows shall not be located on a building facade that faces a public right-of-way or residential

area unless architecturally integrated into the building and screened by landscaping equivalent to the landscape material required in a Type B buffer and must run the length of the drive-through lane. Speakers shall be oriented so as not to project sound toward residential areas.

10) Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the sites main building. Metal utility sheds and temporary car canopies are prohibited.

5. Roofs and Parapets. a. Sloped Roofs. Gable, hip, and shed style roofs shall have a slope no less than 4:12 (rise: run), except that

roofs for porches and attached sheds may be no less than 2:12. Mansard style roofs with a slope greater than 30:12 (rise: run) are prohibited. Generous eaves on sloped roofs are encouraged. Any roof with a slope less than 4:12 (rise: run) (“low sloped roof’) shall not be visible from a roadway and/or residentially designated


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area, except for roofs of porches and attached sheds. Low sloped roofs must be screened with a visible roof structure or parapet wall a minimum of 42 inches high or as required to conceal mechanical equipment to the satisfaction of the TRC.

b. Visible Roof Structures. Visible roof structures shall be of such height, bulk, and mass so as to appear structural, even where the design is non-structural, and shall have a minimum vertical rise of six (6) feet (not including fascia). Visible roof structures shall have a slope no less than 4:12 (rise: run). Where visible roof structures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow “stuck-on” roofs). Any façade that is not visible from a roadway, exclusive access drive or residentially designated area, such as facades that are interior to a tightly spaced compound of buildings, will not require a continuous visible roof structure on that facade.

c. The Following Roof Styles Are Prohibited: “A-frame,” bowstring, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), Quonset, and Polynesian. Gable or hip roof with up to a 10:12 (rise: run) maximum pitch with a ‘skirted” or “flared” lower portion at a 3:12 (rise: run) minimum pitch is allowed.

d. The ridge or plane of a roof (or visible roof structure) shall not run continuous for more than fifty (50) feet without offsetting or jogging (vertically or horizontally) the roof ridge or plane a minimum of sixteen (16) inches. Low sloped roofs with parapet walls are excluded from this requirement.

e. Roofing on sloped roofs and visible roof structures shall be limited to the following systems: 1) Slate, clay tile, or cement tile; 2) Steel, copper, and factory painted aluminum standing seam roofing; 3) 5-V crimp roof; 4) Galvanized metal or copper shingles of Victorian or diamond shape or pattern; 5) Three dimensional fiberglass or asphalt shingle; 6) Wood Shingles.

f. Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged. Mixing colors of metal panels is prohibited. Roofs on any one site shall be of a one color.

g. Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 10:12 (rise: run) up to and including vertical surfaces. This pertains only to those surfaces visible from adjacent property, exclusive of access drives or roadways. This does not exclude the use of metal fascia six (6) inches or less in height, use of typical metal flashing, wall cap, drip edge, and the like, or use of roofing materials as a screening device (as long as it does not function as a building’s parapet).

h. Plastic roof panels, hot mopped systems, built-up, gravel, torched on foam or fluid applied, roll or membrane roofing, and the like are prohibited on any roof which is visible from any roadway and/or residentially designated area. This does not exclude the use of architectural standing seam metal roofing or galvanized 5-V crimp metal roofing. Use of metal or plastic tooling materials may be approved as specified under the section as finish materials for walls, fascia, and trim.

i. Parapet walls shall be of the same style and material and shall be continuous around all sides of the structure, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure shall not appear “fake.” Any facade that is not visible from a roadway and/or residentially designated area shall not require a continuous parapet wall on that facade.

6. Colors and Building Graphics. The following building graphics are prohibited: polka dots, circles, vertical stripes, diagonal stripes or lines, plaids, animals, and symbols such as lightning bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed, subject to applicable sign and color regulations. a. Color Standards. All buildings and accessory structures shall be limited to Sherwin Williams Concepts in

colors or equivalent. b. Base Building Colors. Base building colors relate to wall and parapet wall areas and shall be limited to colors

consisting of white and light neutral colors in the warm range. c. Secondary Building Colors. Secondary building colors relate to larger trim areas and shall not exceed thirty

(30) percent of the area of any one building facade elevation. These colors consist of a mid-range intensity of the base building colors and complementary colors, and include all base building colors.

d. Trim Colors. Trim colors are used for accent of smaller trim areas, are the brightest group of colors allowed, and include all base building and secondary building colors. Use of metallic colors (i.e.: gold, silver, bronze, chrome, and other extraordinarily bright colors) and use of garish colors, such as fluorescent colors (e.g. hot pink, shocking yellow), is prohibited. Trim colors shall not exceed ten (10) percent of the surface area of any one building facade elevation.


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e. Roof Colors (requirements for roofs that are visible from a roadway and/or residentially designated area). These colors consist of natural mill finish, white, light neutral colors in the warm range, blue, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For non-metal roofs, other than natural variations in color or color blends within a tile, the mixing or alternating of roof color in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glared, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs.

f. Natural Finish Materials. The color regiments listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, and copper. Colors commonly found in natural materials are acceptable, unless such material has been artificially colored in a manner which would be contrary to the intent of these requirements. Black, gray, blue, or extremely dark colors for brick, concrete masonry units, roofing, or stone is prohibited. This provision shall not prohibit the use of colors for natural finish roofing materials that match those colors approved for metal roofs.

g. Awning Colors. Awning colors may include base building colors and/or secondary building colors and/or trim colors. However, secondary building colors and trim color area used for awnings shall be included in the percentage limitation on the secondary building color and trim color surface area of a facade. Awnings shall not be used for advertising purposes.

B. Site Standards.

1. Uses - Uses allowed within each subdistrict shall be as set forth in Exhibit 3. Where a mix of uses is allowed within a single building as set forth in Exhibit 3, residential may not be placed on the same floor as a nonresidential use, and no residential floor may be placed below a nonresidential floor.

2. Frontages. Private frontages for each subdistrict shall be as required by Exhibit 4 and as otherwise set forth in Sections 9.4 through 9.10 of this Article for each subdistrict.

3. Site Elements. a. All telephones, vending machines, or other machines dispensing merchandise or products on private property

shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main buildings architecture. These areas are to be designed with the safety of the user in mind.

b. No advertising will be allowed on any exposed amenity or facility such as benches or trash containers. c. Screening Devices, Walls and Fences.

1) “Visually offensive elements”, whether freestanding, mounted on roofs, or anywhere on a structure, shall be concealed from view on all sides. “Visually offensive elements” consist of walk-in coolers/freezers, transformers, electrical equipment (including panels and meters), HVAC equipment, water or waste piping and valves, pumps, fans, exhaust vents, compressors, generators, tanks, propane storage tanks and similar equipment. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements. Parapet walls, or visible roof structures, individual screens, or building elements are to be used to completely screen roof mounted, visually offensive elements. They are to be screened from view from any point around the entire building perimeter offensive element. Screening devices shall relate to the building’s style of architecture and materials. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured horizontally. Acoustical material shall be used on the inside face of screening materials around HVAC equipment and other noise generators if so directed by the City as part of the final site plan approval. Rooftop screening devices will not be required for plumbing roof vents which are less than four (4) inches in diameter and less than twelve inches above roof penetration. These roof vents should be located where they will be least visible from roadways. Where chain link or similar fencing is allowed to be used (e.g., around storm water ponds), such fencing shall be green or black vinyl coated and shall be located and landscaped so as to visually screen the fencing from public view. For such areas, landscaping shall be located adjacent to and around the exterior of the fencing and shall consist of a continuous hedge 2.5 to 3 feet in height at the time of planting. Fencing materials shall be a minimum of 4 feet. If the fencing provides extraordinary safety measures, Major Relief may be granted by the City Council for fencing up to 6 feet in height. Single family homes shall be exempt from these screening devices, walls and fence regulations.

d. Service Areas, including, but not limited to, loading areas, service doors, and visually offensive elements, shall be located to the rear of all buildings except as may otherwise be set forth herein.

e. All dumpster and trash container areas, except a streetscape trash receptical, shall be visually screened on three sides with solid fences or walls in addition to any required landscaping. An opaque gate shall be installed on the service side of the enclosure and shall remain closed except during service. All fences


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and walls shall be a minimum of six (6) feet in height. All dumpster and trash container areas shall be completely screened on all sides. The minimum standard for dumpster enclosures is reflected in Exhibit 5. Single family homes shall be exempt from these dumpster and trash container regulations.

e. Construction, erection, and maintenance of walls and fences shall be permitted only as follows. 1) Except as otherwise set forth herein and for specific subdistricts as set forth in Sections 9.4 through 9.10,

walls and fences on side or rear property lines behind the building frontage shall be permitted to a maximum height of 6 feet and may be opaque.

2) Where a wall or fence is erected along or parallel to any street in any front yard area, such wall or fence shall not be permitted to exceed 3 feet in height and set back a minimum of three feet from the front property line.

3) Walls or fences along the frontage or forward of the front building line shall not be opaque and shall be constructed of wrought iron or aluminum simulated wrought iron, wood picket, plastic simulated wood picket, concrete block with decorative stucco (with non-opaque openings), or other decorative materials.

4) Walls or fences between non-residential and any residential use shall meet the following criteria: a) Shall be of wrought iron or aluminum simulated wrought iron, wood, plastic simulated wood board,

concrete block with decorative stucco on both faces, split block, or other decorative materials. b) Shall be constructed a minimum of 4 ft. and no higher than 6 ft., except that the area between two

parcels forward of the front building line may be no taller than 3 ft. 5) Individual screens and walls shall relate to the building’s style of architecture and materials. 6) Chain link fencing, with or without slats, is prohibited as a screening device for screening visually

offensive elements except as set forth below. a) Dumpster enclosure gates may be of chain link fence with slats or other visual screening device. b) Chain link fence with vine coverage may be used with 3 foot vines installed at 3 feet on center. Vines

shall be maintained in a healthy living condition in perpetuity. c) Shall not be used as a street screen.

C. Landscaping. These landscaping requirements are in addition to the City’s landscape regulations and shall

supersede any less restrictive provisions found in Article XI of this Code. Single-family homes shall be exempt from these regulations. 1. When feasible, existing specimen trees should be preserved in place or relocated on site. Use of tree wells, as

well as adaptation and variations of siting in order to conserve native vegetation, is encouraged. 2. When a hedge and/or berm combination is provided as a visual screen, the following shall be met at the time of a

certificate of occupancy (CO) for the project site: a. Screen shall be a minimum of three (3) feet high measured from the grade of the project site. b. Hedge material shall provide full screening to the ground. c. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center along the length of the

visual screen to form a hedge that appears continuous. d. Berms are not required. If used, they shall have a slope no steeper than three (3`) horizontal to one (1)

vertical. e. Undulations in the berm and corresponding hedge height are encouraged.

3. Landscape Islands shall be back-filled at least to the top of curb or protective barrier and landscaped according to the Code or may be utilized for low impact design stormwater management facilities subject to the approval of the City. Landscape islands shall not be bermed. The landscape islands may be combined as a component of a stormwater management plan to facilitate water harvesting. Landscape islands may be omitted for solar panel or wind power installations or other shading structures of equal or greater coverage as otherwise allowed herein.

4. Proposed trees and understory trees shall be centered horizontally and minimally: a. Two (2) feet from walkways, curbing, and other impervious pavements when planted in a tree well or

continuous planter; b. Three (3) feet from walkways, curbing and other impervious pavements when planted in a continuous swale; c. Five (5) feet from street lights, underground utilities, utility meters and service lines, fences, walls and other

ground level obstructions; d. Six (6) feet from porch eaves, and awnings and similar overhead obstructions associated with the ground

level of buildings; e. Eight (8) feet from balconies, verandas, building eaves and cornices, and similar overhead obstructions

associated with the upper stories of buildings. 5. All landscaping shall comply with the requirements set forth in Exhibit 6.


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6. Within the public frontages, the prescribed types of public planting shall be as provided in the Fellsmere Historic Area Master Tree Plan. Any landscaping placed within a street right-of-way shall remain the responsibility of the property owner for maintenance and replacement if such landscaping is no longer living.

7. All front yards shall be landscaped with one canopy tree and one understory tree for each forty (40) linear feet of frontage. The required canopy trees may be placed in the Local Road right-of-way as street trees as Minor Relief.

8. All side yards adjacent to Local Road rights-of-way shall be landscaped with one canopy tree and one understory tree for each forty (40) linear feet of frontage. The required canopy trees may be placed in the Local Road right-of-way as street trees as Minor Relief. Side yards adjacent to platted alleys are not required to meet this requirement.

9. Perimeter of parking areas, where such parking is adjacent to a public frontage, shall be landscaped with one canopy tree for each forty (40) feet of parking perimeter and a three-tier combination screen comprised of groundcover, hedge, and shrubs, accent plants or understory trees to provide a visual screen three (3) feet high measured from the grade of the project site parking area. Sod and nonliving groundcover shall not be credited toward this requirement. The perimeter of all other parking areas shall be landscaped with one canopy tree for each forty (40) feet of parking perimeter and a hedge, shrubs, accent plants, understory trees or other visual screen three (3) feet high measured from the grade of the project site parking area. Trees required for front or side yards may be credited toward these requirements as Minor Relief if located in a unified landscape design.

10. Building foundations shall be landscaped with at least one tree credit for every thirty (30) feet of building foundation and a three-tier combination screen comprised of groundcover, hedge, and accent plants or understory trees along all frontages of the building not otherwise dedicated to doors, display windows, or specific and unique architectural features. Sod and nonliving groundcover shall not be credited toward this requirement. Trees required for front or side yards may be credited toward this requirement as Minor Relief if located in a unified landscape design. Building foundations adjacent to parking perimeters are not required to provide parking perimeter landscaping.

D. Parking. Single-family homes shall be exempt from these parking regulations.

1. All parking shall comply with the requirements set forth in Exhibit 7. 2. Open parking areas shall be masked from the frontage by a building or street screen as required by Exhibit 6. 3. All parking areas shall be located to the side or rear of the principal use located at the second and third lot layers,

except that driveways, drop-offs and unpaved parking areas may be located at the first lot layer. If located to the side, the parking areas shall not extend forward of the front building façade.

4. Garages and parking structures shall be located at the third layer except that side- or rear-entry types may be allowed in the first or second layer by Major Relief.

5. Vehicular entrances to parking lots, garages, and parking structures shall be no wider than 24 feet at the frontage. 6. Pedestrian exits from all parking lots and parking structures may be directly to a frontage line and may also

provide access directly into a building. 7. A minimum of one bicycle rack place shall be provided for every ten vehicular parking spaces. 8. All parking areas shall contain proper curbing, drainage features, access aisles, islands and landscaping. Surface

may be of pervious or impervious design. Pervious designs shall withstand the frequency and duration of parking anticipated for the use and shall be approved as a Major Relief.

E. Special Sign Regulations. These special regulations are in addition to the City’s sign ordinance and shall supersede

any less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except as modified by these special sign regulations. 1. Approval or Change of Sign Design Required. Any exterior change to any sign within the Infill/Redevelopment

District shall require review and approval by the City Manager or his/her designee. Such changes shall include, but not be limited to, changes of sign area (square footage), sign copy area (square footage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this review and approval.

2. Allowed sign styles. Except as otherwise set forth within sections 9.4 through 9.10, allowed sign styles shall be: a. Shaped and fashioned "wood look" multi-level signs (i.e., sand blasted or carved), and signs having durable

sign cabinet material such as high density polyurethane arid PVC; b. Internally illuminated aluminum cabinet with textured finish, and cutout inset or push through acrylic letters; c. Back-lit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's

architecture; d. Signage that relates to the building's style of architecture and materials; e. Thematic signage;


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f. Signs applied to the wall surface as painted mural type sign or a painted mural type sign attached to the wall surface; or

g. Alternative sign designs such as tile mosaics, letter stencils, etc. consistent with the architectural style and historic period of Fellsmere.

3. Colors. a. The following colors are encouraged for signage:

1) Use of earth-tone colors and pastels. 2) Darker backgrounds with light color sign copy. 3) Use of colors that match or are compatible with the project’s architecture. 4) Polished or weathered true bronze, brass, or copper metal finishes are acceptable and encouraged.

b. The following colors are prohibited for signage: 1) The use of bright metallic or mill finish colors (i.e., gold, silver, bronze, chrome, aluminum, stainless steel,

or other extraordinarily bright colors). Colors such as medium or dark bronze are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved “wood look” style signs.

2) The use of garish colors, such as neon and fluorescent colors, is prohibited. 4. Multi-Tenant Spaces. Applicants of proposed multi-tenant projects such as retail centers and office complexes

shall submit a sign program for review and approval as part of the site plan review process. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination and locations of signage. In a multi-tenant project where no established pattern exists as described above, the owner of the multi-tenant project shall be required to submit a sign program for approval prior to issuance of any new sign permits for a tenant space.

5. Design Criteria and Additional Restrictions. a. Signs shall comply with Exhibit 8 and additional restrictions as may be contained in Sections 9.4 through 9.10.

6. Illumination. a. All external flood sign illumination light sources shall be completely shielded from oncoming motorist’s view. b. External lighting for freestanding signs shall be mounted at grade and shall face the sign and not be placed in

such a way as to impede traffic or be a nuisance. c. Internally illuminated signs shall not be placed on a canopy structure.

F. Lighting. Single-family homes shall be exempt from these lighting regulations.

1. The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feature lighting that emphasizes plants, trees, entrances, and exits.

2. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent throughout the project. Color of site lighting luminaries, poles, and the like shall be limited to dark bronze, black or dark green. Decorative fixtures attached to buildings are exempt from the fixture color requirement.

3. Lighting is not to be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. Lighting shall avoid any annoyance to the neighbors from brightness or glare.

4. Decorative, low-level intensity, non-concealed source lighting which defines vehicular and/or pedestrian ways may be acceptable if not used as general lighting for a development.

5. All interior lighting shall be so designed to prevent the light source or high levels of light from being visible from the corridor or adjacent structures.

6. Exterior architectural display and decorative lighting visible from the public frontage shall be compatible in style with the architectural theme of the principal building.

7. Lighting structures or strip lighting that follows the form of the building, parts of the building, or building elements is prohibited.

8. Neon lighting, fiber optics or similar systems, which exceed six (6) square feet in area, and where the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows.

9. Street lamps and other types of public lighting shall conform to the style adopted by the City and shall be installed in accordance with the City’s Infill/Redevelopment District lighting program as reflected in Exhibit 9. The spacing may be adjusted by Minor Relief to accommodate specific site conditions.

10. Roadway style luminaries (fixtures) such as cobra heads, Nema heads, Box heads and the like are prohibited. Wall pads and flood light luminaries are prohibited. High intensity discharge (e.g. high pressure sodium, metal halide, mercury vapor, tungsten halogen) lighting fixtures are prohibited.

11. Other than decorative and low level low height lighting, no light source or lens shall project above the height of fifteen (15) feet.


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G. Civic Space. 1. Civic spaces permanently available for public use shall be required as set forth in sections 9.4 through 9.10. 2. Civic spaces must be designed and configured to be clearly recognizable as public space. 3. Each civic space shall provide shaded seating. 4. Each civic space shall be located in the front yard or adjacent road right-of-way by Minor Relief. 5. Civic spaces shall generally conform to the requirements of Exhibit 10. 6. For all developments that have more than one building or more than one user within a building, a plan for site

furnishings shall be required as part of the development approval. Examples of site furnishings include, but are not limited to, decorative light fixtures, fountains, sculpture, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, vendor areas, bollards and fences.

7. Developments within the Infill/Redevelopment District shall contribute a fee to be established within the City’s fee structure in conjunction with the transit organizations, which fee will be put into a multi-modal transportation project fund that will be used to provide or make enhancements to transit stops, pedestrian and bicycle paths; and provide connectivity between the residential neighborhoods and commercial developments within the Infill/Redevelopment District.

H. Public Frontage and Thoroughfare Standards. Thoroughfares, generally consisting of vehicular lanes and public frontages, are intended for use by vehicular, bicycle and pedestrian traffic and provide access to adjoining property. Thoroughfares shall be designed in context with the urban form and desired design speed through which they pass.

1. The public frontage contributes to the character of the Community and includes the types of sidewalk, curb, planter, bicycle facility, and street trees provided along the thoroughfare.

2. Public frontages for each subdistrict shall be as required by Exhibit 11 and as otherwise set forth in Sections 9.4 through 9.10 of this Article for each subdistrict.

3. Pedestrian comfort shall be a primary consideration of the thoroughfare. Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian.

4. The thoroughfare network shall be designed to define blocks not exceeding the size generally in existence within the immediate area. The perimeter shall be measured as the sum of lot frontage lines.

5. Standards for paths and bicycle trails shall be those set forth by the Florida Department of Transportation for Traditional Neighborhood Design.

6. Thoroughfares may include vehicular lanes in a variety of widths for parked and for moving vehicles, including bicycles. Thoroughfare standards shall be as shown in Exhibit 12.

7. Pedestrian linkage: a. Sites shall be designed to provide sidewalks from each building within the proposed development to each

other building, to adjoining parking and to adjoining public or private rights-of-ways. b. Sidewalks shall be constructed along all road frontages as set forth in Exhibit 12. c. A payment in lieu of construction may be approved by the City Council where such sidewalks do not connect

to other existing sidewalks or otherwise do not provide a safe pedestrian environment. 8. Single-family homes are exempt from these public frontage and thoroughfare standard regulations.

I. Stormwater. All stormwater facilities shall comply with the requirements set forth below and as provided in Exhibit 13.

Single-family homes are exempt from these stormwater regulations. 1. All stormwater facilities shall be designed in a fashion that does not require a perimeter fence. No perimeter

fencing shall be allowed around stormwater facilities. 2. Surface stormwater facilities shall be located to the side or rear of the principal structure. Drainage swales and

dry retention or detention areas shall not be permitted in the front yard except by Major Relief. 3. Subsurface drainage facilities may be located within the first lot layer. 4. All stormwater facilities located to the rear of a principal structure may be designed as wet or dry facilities. Wet

facilities shall be landscaped with one canopy tree and one understory tree for each fifty (50) linear feet of stormwater perimeter and a three tier combination of groundcover, shrubs and accent plants along at least 50% of the stormwater perimeter. Dry facilities shall be landscaped with one canopy tree and one understory tree for each fifty (50) linear feet of stormwater perimeter and a three tier combination of groundcover and shrubs along at least 50% of the stormwater perimeter and at least one water tolerant canopy tree in the bottom of the dry facility for every 1,000sf of facility bottom.

5. All stormwater facilities shall be overlain with an easement granted to the City to allow for modification of such facility for public stormwater purposes.

6. All developments adjacent to existing platted alleys shall contribute to the City fifty percent (50%) of the cost of piping or otherwise improving said swale along the alleyway frontage of the proposed development.


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J. Alternative Energy.

1. Alternative energy production shall be permitted by Minor Relief within the appropriate Infill/Redevelopment District as provided on Exhibit 14 Solar Power and Exhibit 15 Wind Power.

2. Food production shall be permitted by Minor Relief as provided on Exhibit 16 Food Production. They may be counted toward the civic space allocation by Major Relief if they are open to the neighborhood at predictable hours or are visible from an adjacent civic space in a way that contributes to the enjoyment of that civic space.

K. Noise Impacts. Single-family homes are exempt from these noise regulations.

1. General requirements. The architectural design and site planning of all development shall be designed and planned to ensure that noise does not adversely impact surrounding residential uses.

2. All mechanical equipment shall be located as far as reasonably possible from adjoining residential uses. Such equipment shall be screened to reduce noise and conceal equipment. Mechanical equipment noise shall comply with the noise regulations as set forth in the City Code.

3. Roof-mounted mechanical equipment shall be located within the area of the roof surface that is farthest away from adjacent residential uses or residential zoned property to the extent feasible.

4. All mechanical equipment shall be shielded on all sides with acoustically lined walls that are at least two feet higher than the top of the equipment.

L. Non-Conformities.

1. Within the Infill/Redevelopment Overlay Districts, legally established existing development and uses that do not comply with these special regulations are grand-fathered-in. All nonconforming uses and structures are governed by Article VIII. In addition, within the Infill/Redevelopment District the following non-conformities regulations shall apply: a. Nonconforming property. It is the intent of this Article to allow nonconforming properties to continue, but also

encourage their conformity to what extent is possible considering the existing site conditions and characteristics.

b. Continuance of nonconforming property. A nonconforming property may be continued, subject to the following provisions: 1) Use of nonconforming structures abandoned for a period of six (6) or more consecutive months located

on a nonconforming property shall not be permitted until the property is brought into compliance with the land development regulations and the pertinent Infill/Redevelopment Overlay Districts requirements.

2) Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming property without the loss of nonconforming status if use of the nonconforming structures is not abandoned for a period of six (6) or more consecutive months.

3) Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations unless the new, to-be-painted colors comply with the Infill/Redevelopment Overlay District special color regulations.

4) When an owner seeks to make improvements to, expand, or repair a building or site in excess of 50% of the appraised value established by the Indian River County Property Appraiser of the existing building or site, the owner will be required to comply with this Code and specifically this Article. For minimum compliance with this Article, the site shall be upgraded to conform to the landscaping, color schemes, and other provisions to the extent practicable and feasible as determined by the City.

5) A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size after the adoption date of this Code, except as provided in this Article.

2. Nonconforming signs. It is the intent of this section to allow nonconforming signs permitted before the adoption of this section of the Land Development Code to continue until they are no longer used or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this section. a. Removal of Nonconforming Signs. All nonconforming signs, except as provided for herein, shall be removed. b. Continuance of Nonconforming Signs. A nonconforming sign may be continued, subject to the following

provisions: 1) A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the

adoption of this Section of the Land Development Code. 2) Nonconforming signs or nonconforming sign structures that are defined as abandoned signs shall not be

permitted for reuse. 3) Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming

sign, without the loss of nonconforming status, if the property is not abandoned.


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c. Repairs, Maintenance, and Improvements. Normal repairs, maintenance, and improvements may be made. d. Reconstruction: If any nonconforming sign is destroyed by decay of at least 50% of the sign value or by fire,

flood, explosion, collapse, wind, or other catastrophe, it shall not be used or reconstructed except in full conformity with the provisions of these special regulations.

e. Casual, Temporary, or Illegal Use. The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

M. Formula business.

1. A formula business is a retail business establishment, including a restaurant, which is one of not less than six or more similar establishments located elsewhere which as a group satisfy two or more of the following criteria: a. They have the same or a similar name, trade name, trademark or logo; b. They maintain a standardized menu, food ingredients or food preparation; c. They maintain a standardized array of merchandise; d. They have the same or similar building appearance; e. They benefit from common advertising of the group of businesses as opposed to a single business; f. They utilize common or similar signage; and g. If the group is comprised of restaurants:

1) They provide for the sale of food or beverages to the customer in a ready-to-consume state, or 2) The design of the building or the principal method of operation is that of a fast-food or drive-in restaurant

offering quick food service, or 3) Food where orders are generally not taken at the customer's table, or 4) Food is generally served in disposable wrapping or containers, or 5) Where food and beverages may be served directly to the customer in a motor vehicle.

2. Procedure. Application to locate a formula business within the formula business area described below shall be approved by City Council as Major Relief.

3. Formula business area. The Formula Business Area is coterminous with the North Broadway, N. Myrtle, N. Willow, S. Carolina, CR512 Old Town, and Off-Road sub-districts of the Infill/Redevelopment District.

4. Standards. The following specific standards shall apply to formula businesses. (1) The proposed formula business will not alter the identity of the Infill/Redevelopment district in a way which

detracts from its uniqueness or contributes to a nationwide trend of standardized downtown offerings. (2) The proposed formula business will contribute to a diverse and appropriate blend of businesses in the

Infill/Redevelopment district. (3) The proposed formula business will complement those businesses already in the Infill/Redevelopment district

and help promote and foster the local economic base as a whole. (4) The proposed formula business will be compatible with existing surrounding uses. (5) The proposed formula business has been designed and will be operated in a non-obtrusive manner to

preserve the community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites.

(6) The proposed formula business meets all of the following fixed criteria: a. The size of the business shall not exceed 1,500 square feet of gross floor area. b. The first floor street frontage of the business shall not exceed 35 feet in width. c. Corporate advertising shall not be used which is visible from the exterior of the premises. d. Exterior facade colors shall comply with the requirements of the Infill/Redevelopment overlay code. e. Corporate structural elements and signage will be designed to be in harmony with architectural

features and elements of the building as approved by the city. f. Signage colors shall be muted to minimize visual intrusion as approved by the city. g. Drive thru windows shall comply with the standards for such use as provided in Sections 9.4 through

9.10. 5. Distance requirements. A formula business shall not locate within 300 feet of an existing formula business

establishment or within 1,000 feet of any other business offering similar goods or services. 6. Existing formula business. A business may be a formula business that exists on the effective date of this

ordinance. Any such business, and any business that becomes a formula business by virtue of the creation of six or more other such businesses, shall be deemed a legal nonconforming use of a building subject to the provisions of Article VIII of this Code.

7. All formula businesses shall be approved as a Conditional Use.

ARTICLE IX CR 512 OLD TOWN OVERLAY DISTRICT DESIGN STANDARDS 5/1/15

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Section 9.4. North Broadway Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward North Broadway. When the property has frontage on North Broadway and an intersecting Local Road, the front of the building shall be oriented toward the North Broadway and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

2. First floor uses. a. All first level uses shall be at essentially the same elevation as the back of sidewalk. b. For multi-use buildings, pedestrian-oriented uses are required on the first floor, for example:

i. Retail businesses. ii. Personal service establishments (e.g., personal and household goods repair and maintenance,

personal care services such as barber shops, beauty salons, shoe repair, framing shops). iii. Medical and dental offices. iv. Eating and drinking establishments (indoor and/or outdoor). v. Food markets. vi. Studios and galleries (artists, photographer, etc.). vii. Bank facilities (no drive-through facilities, except on corner lots). viii. Hotel, motel, and bed and breakfast.

3. Architectural Styles. At a minimum, the architectural styles shall incorporate the following decorative features into the building and site design consistent with the architectural style selected: a. Awnings, gallery or arcade.

i. Awnings, arcades, and galleries may encroach the sidewalk to the street-side edge of the sidewalk but must clear the sidewalk vertically by at least 10 feet.

ii. Galleries provide a permanent cover over the sidewalk, either cantilevered or supported by columns. b. Arched, display, or comparable windows shall be no less than 50% glazed in clear glass and shaded by an

awning overlapping the sidewalk in all the Broadway fronting windows on the first floor. c. Balconies, where feasible, on the upper floors. d. In addition to meeting the architectural requirements contained Section 9.3.A, the design shall emulate, to

the extent feasible, the application of the architectural style selected that would have existed in the early 20th century.

e. In the absence of a building facade along any part of a frontage line, a street screen shall be built co-planar with the façade or, alternatively, a civic space may be provided.

f. A building may have a courtyard that extends no more than 50% of the frontage to a depth no deeper than its width and shall be landscaped as required for front foundations.

B. Site Standards.

1. Site Access. a. All property shall dedicate five (5) feet adjacent to the alleyway. b. Access shall be from the rear alleyway for all development.

2. Site Elements. a. Fences or walls shall only be allowed as screening devices for visually offensive elements and as street

screens. 3. Maximum Residential Density is calculated as follows:

Lot Area x Maximum Allowable Coverage x FAR x Maximum % Residential ÷ Average Unit Size 4. Site Development Standards

Minimum Lot Width1 50’ Front Building Setback2 0’ to 3’ Side Building Setback 0’ or ≥5’ Corner Building Setback 0’ to 3’ Rear Building Setback ≥5’ Maximum Building Length3 200’ Maximum Building Height4 3 stories Maximum Building Coverage 100% Maximum % Residential Use within a Building 50% Maximum Building Size5 20,000gsf


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Maximum Lot Coverage 100% Maximum Floor Area Ratio 2.0 Minimum Average Unit Size 500sf

NOTES: 1. Individual lots of record that were legally platted as of the date of adoption of this ordinance and no less than

25 feet in width may be developed if such lot is not adjacent to another lot under that same ownership. If such lot is adjacent to a lot or parcel under the same ownership, the lots shall be combined for the purpose of development to the extent that the combined tract of land shall have a minimum of 50 feet width along North Broadway. No new lots less than 50 feet in width shall be created and no existing lot greater than 50 feet in width as of the date of adoption of this ordinance shall be divided into lots less than 50 feet in width.

2. Front setbacks for civic and institutional uses, group homes and bed and breakfast establishments shall not exceed eight (8) feet from the right-of-way of Broadway.

3. The maximum building length shall not exceed one hundred (200) feet unless a minimum 8-foot-wide pedestrian access is provided from the North Broadway right-of-way to the rear of the principal building.

4. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor nonresidential or mixed use, which shall be a minimum of 12 feet with a maximum of 25 feet in height. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two (2) stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional story. In a parking structure or garage, each above-ground level counts as a single story regardless of its relationship to habitable stories. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height.

5. The maximum building size in gross square feet shall not exceed 20,000sf except by Major Relief.

C. Landscaping. All landscaping shall comply with the requirements of Article XI except as modified by these regulations.

1. All front yards adjacent to North Broadway rights-of-way shall be landscaped with one canopy tree placed in the North Broadway right-of-way as street trees for each forty (40) linear feet of frontage.

2. All side yards adjacent to Local Road rights-of-way shall be landscaped with one canopy tree placed in the Local Road right-of-way as street trees for each forty (40) linear feet of frontage.

3. All parking street screens shall be landscaped with one understory tree for each twenty (20) linear feet of frontage and a three-tier combination screen comprised of groundcover, hedge, and shrubs or accent plants to provide a visual screen three (3) feet high measured from the grade of the project site parking area. Sod and nonliving groundcover shall not be credited toward this requirement.

4. Building foundation a. Front foundation landscaping is required for any setback greater than three (3) feet and may be comprised of

groundcover, shrubs, accent plants, palms or decorative hardscape. At least one understory tree shall be provided for every thirty (30) feet of building foundation landscape area in addition to groundcover, shrubs or accent plants. Sod and nonliving groundcover shall not be credited toward this requirement.

b. Side foundation landscaping is required for any setback greater than five (5) feet and may be comprised of groundcover, shrubs, accent plants, palms or decorative hardscape. At least one understory tree shall be provided for every thirty (30) feet of building foundation landscape area in addition to groundcover, shrubs, accent plants or decorative hardscape. Sod and nonliving groundcover shall not be credited toward this requirement.

5. Buffer requirements of Article 11 shall not apply. D. Parking.

1. Parking may only be located to the side of a principal structure by Major Relief. Parking may not be approved in front of the principal use. When located to the side of a principal use, a minimum ten (10) foot wide street screen shall be provided between the parking and North Broadway right-of-way.

2. All parking areas shall be interconnected with parking provided on adjacent property. 3. All development shall provide a cross parking agreement. 4. Off-street parking spaces shall be provided in accordance with the requirements of section 7.2, except as

provided for herein. a. For properties less than 7,500 square feet in gross area with buildings less than 2,500 square feet in gross

area, no on-site parking is required unless it is determined through the site plan review process that the use generates a higher than normal parking demand.


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b. For all uses where on-site parking is required, the minimum number of off-street parking spaces shall be equal to 80 percent of the minimum number of off-street parking spaces required in section 7.2 with a minimum of two spaces being provided for all uses. Designated on-street parking directly fronting a lot shall count toward fulfilling the parking requirement for that lot.

c. For uses within the OTD, the planning commission may recommend and the city council approve an additional reduction in the number of required parking spaces if the applicant/or property owner can show traffic studies or parking studies, with supporting data and analysis, that the need is less, or that there are sufficient numbers of spaces within 500 feet of the building site.

d. Shared parking. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours or when hours of peak use vary. Requests for the use of shared parking are subject to approval by the city council and must meet the following conditions: i. The applicant must demonstrate to the city council's satisfaction that substantial conflict shall not exist in

the principal hours or periods of peak demand for the uses for which the joint use is proposed. ii. The number of parking spaces which may be credited against the requirements for the structures or uses

involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation.

iii. Parking facilities designed for joint use should not be located further than 500 feet from any structure or use served, measured along the most direct pedestrian route.

iv. A written agreement shall be drawn to the satisfaction of the city attorney, executed by all private parties concerned assuring the continued availability of the number of parking spaces designated for joint use, recorded in the public records, and require payment of a parking in lieu of fee when such parking ceases to be available in the future.

e. For restaurant, eating and drinking uses, the minimum number of spaces provided on-site shall be equal to 55 percent of the minimum number of off-street automobile parking spaces required in section 7.2, with a minimum of two spaces. Any outdoor dining use shall be included when calculating the required number of minimum off-street parking spaces.

f. Alleys shall be used for access to off-street parking spaces unless otherwise set forth in an approved Broadway Access Management Plan. Alleys shall be used for all loading and un-loading.

g. Parking spaces for nonresidential uses may be provided on a separate lot or parcel not more than 500 feet from the primary parcel to be served as measured along the most direct pedestrian route.

h. Hotel, motels, bed and breakfast in the district: one off-street parking space for every two guest rooms plus one space for the resident managers. Parking shall be provided in a manner that is compatible with the surrounding area.

i. For all other residential uses: one and one-half off-street parking spaces per dwelling unit with one or more bedrooms.

j. Where not specifically changed in this section, parking requirements shall otherwise comply with the city regulations.

k. For properties within this district that have existing buildings, the off-street parking arrangement in existence on that date for each building shall continue to be recognized by the city as meeting the minimum parking requirements of the district. Such existing building square foot area may be renovated and redeveloped even if it involves the demolition and subsequent reconstruction of building a similar size to the existing building square foot area without providing any additional off-street parking spaces. However, this recognition of existing parking arrangements shall not apply to additional building square footage or to a change in use that increases the required number of off-street parking spaces.

l. Parking shall be provided, as required by this section, for any increase in building square foot area or for the increased number of parking spaces required by a change in use.

m. All parking areas shall be paved as required by Exhibit 13. 5. In order to provide for sufficient areas of publicly maintained on-street parking areas or municipal off-street

parking areas, the city may allow by Major Relief a parking fee and/or a payment-in-lieu of fee for providing parking for any project that requests to use such payment to meet their parking requirements. The associated fees shall be established by resolution.

E. Special Sign Regulations.

1. Freestanding Signs. a. Free standing signs shall not be allowed except for civic or institutional uses, group homes and bed and

breakfast establishments with front setbacks greater than five (5) feet. b. Where allowed,


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i. free standing signs shall not exceed a height of six (6) feet and twelve (12) square feet of sign area, and no more than one free standing sign shall be allowed.

ii. freestanding signs shall be located along the N. Broadway frontage with a minimum setback of two (2) feet.

iii. internally illuminated signs, back-lit reverse pan channel letter signs and high density polyurethane and PVC cabinet signs are not permitted.

3. Wall/Facade Signage. a. Internally illuminated signs, back-lit reverse pan channel letter signs and high density polyurethane and PVC

cabinet signs are not permitted. b. All wall signs shall be directly applied to the wall surface as painted mural type sign, a painted mural type sign

attached to the wall surface or alternative sign design such as tile mosaics, letter stencils, etc. consistent with the architectural style and historic period of Fellsmere.

F. Lighting.

1. Pedestrian scale lighting shall conform to the style adopted by the City and shall be installed in accordance with the City’s Infill/Redevelopment Overlay lighting program.

G. Civic Spaces. The following additional civic space regulations shall apply to all development and major redevelopment of civic and institutional uses, group homes and bed and breakfast establishments with setbacks in excess of five (5) feet from the right-of-way of Broadway and for all development or major redevelopment upon lots with a frontage of at least 150 feet.

1. The civic space shall include, adjacent to or within the North Broadway and/or the Local Road right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of one hundred fifty (150) square feet plaza as defined in Exhibit 10.

a. A decorative public walkway from the North Broadway right-of-way to the rear parking may be provided in lieu of the civic space.

2. The civic space shall contain the following as approved by the City: a. Pedestrian Lights; b. Landscaping; c. Public Bench; and d. Public Trash Receptical.

3. The TRC may waive specific requirements as listed above in cases where such provision is not required due to the presence of such elements in close proximity.

H. Public Frontages and Thoroughfare Standards.

Reserved. I. Stormwater.

Reserved. J. Alternative Energy.

Reserved. K. Noise.

Reserved. L. Use Restrictions.

1. The following uses shall be limited as show in the table below. Hotel/Motel Density Maximum 20 units per gross acre, up to 30 with bonuses Bed and Breakfast Maximum 15 rooms Hotel/Motel Minimum 250 square feet, each hotel/motel room Bed and Breakfast Minimum 150 sf each rental bedroom Group Home Minimum 150 sf each rental bedroom Residential Units Minimum 500 sf average size, except as provided for herein


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2. Outside display, street vending or sidewalk vending. Duly licensed commercial business owners on Broadway Avenue may display their products on the outside of their business, in a neat and orderly manner under the following requirements. a. All outside display areas shall be located adjacent to the main building, shall not impede pedestrian or traffic

flow and shall not take up required parking areas. The defined areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise.

b. Only agricultural and/or equestrian products may be permanently stored outside a business that is duly licensed to sell such products, such as a feed store or hardware store. No such products may be located forward of the front building line of such store.

c. Outside storage and/or sales shall not be located: 1) Within 15 feet of any street intersection or pedestrian crosswalk; 2) Within five feet of a primary roadway access into a parcel; 3) Within five feet of another outside vending location; 4) Within five feet of a building exit; 5) Within 15 feet of a fire hydrant; 6) Within an area that abuts the display windows of a permanent business location not owned by the outside

vendor; or 7) Where in the opinion of the city's designated representatives it represents an obstruction to traffic safety

or endangers the public welfare. b. Merchandise considered valid for outside sales includes, but is not limited to: small retail items; agricultural

products (human consumable products); prepared foods; crafts; art works; plant materials, garden supplies (except mowers, tractors or other heavy equipment); furniture; and the like. Services would include caricatures, face painting, massage therapy by a licensed massage therapist; nail technicians; cosmetics, and similar services. Prohibited items include vehicles, auto parts, tires, heavy equipment of any kind, fireworks, any hazardous products and vending machines unless meeting other requirements contained herein. The city council shall reserve the right to determine if a product is a valid material to be included in an outside sales environment.

3. Theatres shall be limited in size to 200 seats. 4. Arcades shall be conducted completely within an enclosed building. 5. Mixed-use buildings with retail, office and residential uses included in one building shall meet the following

conditions: a. Retail and/or office uses are to be located on the first floor or successive floors, under residential uses.

6. Places of worship that demonstrate their ability to meet parking demands through on or off site parking, shared parking with cross parking easements, or other accepted method.

7. Banks with drive-through facilities, under the following conditions: a. Must be on a corner parcel. b. Parcel shall be a minimum of one-quarter acre. c. Shall be set back 15 feet from existing residential uses including stacking lanes.

8. Residential units shall not be located on the first floor except for group homes. The average size of a residential unit within a mixed use building shall be a minimum of 500 square feet, except under the following conditions: a. If the owner registers the entire project with the state as a "55" or older adult community, which states that 80

percent of the units must be for those who are a minimum of 55 years old, the average unit size may be 400 square feet.

b. The units must be sold as condominiums or utilized for long term rentals and may not be used for short term rentals, which would be less than a month's term.

9. Group homes. a. Shall not be located closer than 1,200 feet to another group home or community residential home. b. A minimum of two meals per day shall be provided within a common area. c. Group homes or community residential homes located along North Broadway shall be exempt from the 500-

foot separation requirement to single-family residential contained in Article V. a. Bed and breakfast establishments.

a. Shall abide by the lot development standards contained herein except for existing bed and breakfast establishments in existence prior to May 1, 2011.

b. Shall be exempt from the Type B parking buffer of item B.3 of Article V of the Code. c. Restaurants, Bars and related uses.

a. Shall be exempt from the setbacks for parking areas adjacent to conforming residential properties of item J.1 of Article V of the Code.


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b. Shall be exempt from the prohibition of outdoor seating areas adjacent to conforming residential properties of item J.4 of Article V of the Code.

c. Shall be exempt from the outdoor seating barrier requirements of item S.3 of Article V of the Code.

ARTICLE IX – INFILL/REDEVELOPMENT OVERLAY DISTRICT DESIGN STANDARDS 5/1/15

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Section 9.5. Off-Road Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward the Local Road. When the property has frontage on two intersecting Local Roads, the front of the building shall be oriented toward the North-South Local Road and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

2. A first level multifamily residential or lodging function shall be raised by stemwall construction a minimum of 2 feet from average sidewalk grade.

B. Site Standards.

1. Site Access. a. All property shall dedicate five (5) feet of the right-of-way adjacent to the alleyway and, where required, 25’

corner clips for future intersection improvements. b. Access shall be from the Local Road right-of-way or from the rear alleyway for all non-residential and

multifamily development except that for properties along N. Orange Street or N. Pine Street, access from the Local Road right-of-way may be by Minor Relief.

2. Maximum Residential Density is calculated as follows: Lot Area x Maximum Building Coverage x Maximum FAR x Maximum % Residential ÷ Average Unit Size

3. Site Development Standards Minimum Lot Width1 75’ Front Building Setback 12.5’ to 20’ Side Building Setback2 ≥7.5’ Corner Building Setback 12.5’ to 20’ Rear Building Setback ≥5’ Maximum Building Length 100’ Maximum Building Height 35’ Maximum Building Coverage 60% Maximum % Residential Use 100% Maximum Building Size NR Maximum Lot Coverage 80% Maximum Floor Area Ratio 1.25 Minimum Average Unit Size 700sf

NR = Not Regulated NOTES:

1. East of Broadway, when developed as a front yard as allowed by Exhibit 4 and proposed to be platted into fee simple ownership as townhouse dwellings, lot widths may vary so long as the minimum lot size of each proposed townhouse lot is at least 2,250 square feet in size after dedication of any required land. West of Broadway, when developed as a front yard as allowed by Exhibit 4 and proposed to be platted into fee simple ownership as townhouse dwellings, lot widths may vary so long as the minimum lot size of each proposed townhouse lot is at least 2,625 square feet in size after dedication of any required land.

2. Internal lot setbacks for townhouse developments may be zero (0) feet. C. Landscaping. All landscaping shall comply with the requirements of Article XI except as modified by these

regulations. 1. Single-family residences shall be exempt from these regulations and need only comply with the requirement for

single family homes contained in Article XI. 2. For nonresidential or multifamily developments proposed adjacent to existing single family homes, a ten (10) feet

wide Type ‘B’ buffer shall be provided within the required side yard. No rear yard buffers shall be required. D. Parking . The following additional parking regulations shall apply only to nonresidential and multifamily development.

1. Parking may only be located to the side of a principal structure by Major Relief. 2. Parking may not be approved in front of the principal use.

a. For townhouse developments, parking may be located in front of the principal structure by Major Relief with a minimum setback of 20’ and a minimum single-car garage provided for each unit. The garage shall be set back an additional five feet from the balance of the front façade.


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E. Special Sign Regulations. The following additional sign regulations shall apply only to nonresidential and multifamily

development. 1. Freestanding Signs.

a. Free standing signs shall not exceed a height of six (6) feet and six (6) square feet of sign area. b. No more than one free standing sign shall be allowed. c. Freestanding signs shall be located along the Local Road frontage with a minimum setback of five (5) feet. d. Internally illuminated signs, back-lit reverse pan channel letter signs and high density polyurethane and PVC

cabinet signs are not permitted. 2. Wall/Facade Signage.

a. Except for address or nameplate signs, wall/façade signs of any kind are not permitted. F. Lighting. The following additional lighting regulations shall apply only to nonresidential and multifamily development.


G. Civic Spaces. The following additional civic space regulations shall apply only to nonresidential and multifamily development.

1. The civic space shall include within the front yard, or within the Local Road right-of-way by minor Relief, as determined by the City as part of the site plan approval, a minimum of one hundred (100) square feet plaza as defined in Exhibit 10.

2. The civic space shall contain the following as approved by the City: a. Pedestrian Lights and b. Street Trees.

H. Public Frontage and Thoroughfare Standards.



Reserved. K. Noise.


1. The following uses shall be limited as show in the table below.

Bed and Breakfast Maximum 15 rooms Bed and Breakfast Minimum 150 sf each rental bedroom Group Home Minimum150 sf each rental bedroom

2. Retail uses shall be limited to 5,000sf in gross building area and no more than 2,000sf in gross tenant area. 3. Restaurant uses shall limited to no more than 25 seats. 4. Banks/Financial Institutions shall be limited to 2,500sf in gross building area. 5. Drive-through facilities are prohibited. 6. Outside display limited to items associated with Studios (art, museum, galleries) and similar uses.


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Section 9.6. CR 512 Old Town Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward CR512. When the property has frontage on CR512 and an intersecting Local Road, the front of the building shall be oriented toward CR512 and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

2. A first level lodging function shall be raised by stemwall construction a minimum of 2 feet from average sidewalk grade.

3. First floor uses. a. All nonresidential facades shall be glazed with clear glass no less than 30% of the first story. b. For multi-use buildings, pedestrian-oriented uses are required on the first floor, for example:

i. Retail businesses. ii. Personal service establishments (e.g., personal and household goods repair and maintenance, personal

care services such as barber shops, beauty salons, shoe repair, framing shops). iii. Medical and dental offices. iv. Eating and drinking establishments (indoor and/or outdoor). v. Food markets. vi. Studios and galleries (artists, photographer, etc.). vii. Bank facilities (no drive-through facilities, except on corner lots). viii. Hotel, motel, and bed and breakfast.

B. Site Standards.

1. Site Access. a. All property shall dedicate, where required, 25’ corner clips for future intersection improvements. b. All property shall dedicate one-half of the right-of-way deficit along CR512 to result in a final CR512 right-of-

way width of one hundred (100) feet. c. Access shall be from Local Roads. d. Access from CR512 may be approved as Major Relief by the City Council at their sole discretion and, if

approved, shall be located at midblock within the alleyway right-of-way and designed for shared access with the adjoining property. When such access is approved and such access aligns with an alleyway, the property shall dedicate adjacent to the alleyway five (5) feet of right-of-way.

2. Site Elements. a. Fences or walls shall only be allowed as screening devices for visually offensive elements and as street

screens. 3. Maximum Residential Density is calculated as follows:


Minimum Lot Width 75’ Front Building Setback 7.5’ to 15’ Side Building Setback ≥7.5’ Corner Building Setback 7.5’ to 15’ Rear Building Setback ≥30’ Maximum Building Length 100’ Maximum Building Height1 35’ Maximum Building Coverage 70% Maximum % Residential Use within a Building 50% Maximum Building Size NR Maximum Lot Coverage 85% Maximum Floor Area Ratio 1.5 Minimum Average Unit Size 750sf

NR = Not Regulated NOTES: 1. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor

nonresidential or mixed use, which shall be a minimum of 12 feet with a maximum of 25 feet in height. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two (2) stories. Mezzanines


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extending beyond 33% of the floor area shall be counted as an additional story. In a parking structure or garage, each above-ground level counts as a single story regardless of its relationship to habitable stories. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height.

C. Landscaping. All landscaping shall comply with the requirements of Article XI except as modified by these

regulations. 1. Increased Canopy Tree Size. All required canopy trees shall have a minimum height of sixteen (16) feet and

minimum spread of six (6) feet at time of planting. 2. For nonresidential or multifamily developments proposed adjacent to existing single family homes, a ten (10) feet

wide Type ‘B’ buffer shall be provided within the required side yard. No rear yard buffers shall be required. D. Parking.

1. All parking areas shall be interconnected with parking provided on adjacent property along CR512. 2. Parking may only be located to the side of a principal structure by Major Relief. Parking may not be approved in

front of the principal use. 3. All development shall provide a cross parking agreement. 4. All parking areas shall be paved as required by Exhibit 13.

E. Special Sign Regulations.

1. Freestanding Signs. a. Free standing signs shall not exceed a height of six (6) feet and thirty-six (36) square feet of sign area. b. No more than one free standing sign shall be allowed unless the property maintains CR512 frontage from one

Local Road to the adjacent Local Road in which case two free standing sings may be allowed. c. Freestanding signs shall have a minimum setback of two (2) feet and a maximum setback of five (5) feet.

2. Wall/Facade Signage. a. Reserved.

F. Lighting.



1. The civic space shall include within the front yard, or within the CR512 right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of two hundred twenty five (225) square feet plaza as defined in Exhibit 10.

2. The civic space shall contain the following as approved by the City: a. Pedestrian Lights; b. Street Trees; c. Public Bench; d. Public Trash Receptical; and e. Bike Rack.




Reserved. J. Alternative Energy

Reserved. K. Noise.

Reserved.


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L. Use Restrictions. 1. The following uses shall be limited as show in the table below.

Bed and Breakfast Maximum 15 rooms Bed and Breakfast Minimum 150 sf each rental bedroom Group Home Minimum 150 sf each rental bedroom

2. On contiguous lots fronting the north side of CR512: a. Retail uses shall be limited to 5,000sf in gross building area; b. Restaurant uses shall limited to no more than 50 seats;

3. Drive-through facilities are prohibited unless approved as Major Relief and screened from view from any residential property and Local Road right-of-way.

4. Miniature Golf Courses adjacent to conforming residential property shall provide a minimum 20’ Type ‘B’ buffer.

ARTICLE IX CR 512 FRONTAGE OVERLAY DISTRICT DESIGN STANDARDS 5/1/15

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Section 9.7. CR 512 Frontage Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward CR512. When the property has frontage on CR512 and a Local Road, the front of the building shall be oriented toward the CR512 right-of-way and may be oriented as a corner building toward intersecting roads. To be oriented toward a road right-of-way means to have a main building entrance facing the road right-of-way. For property located on the north side of CR512 where no intersecting Local Roads exist, the buildings may be oriented as a corner building toward both CR512 and the interior parking field when pedestrian access is provided between the parking field and building facade.

B. Site Standards.

1. Site Access. a. All property with frontage on the north side of CR512 shall dedicate a fifty (50) foot depth of

the property for a parallel access road and shall construct that portion of the parallel access road along their property frontage to meet the standards of Indian River County. A direct driveway connection from CR512 to the property is not guaranteed but shall be regulated by the City of Fellsmere access management plan for the pertinent segment of CR512.

b. All property with frontage on the south side of CR512 shall dedicate a depth of the property to meet the right-of-way needs for the ultimate 130’ wide right-of-way design of CR512. The 130’ right-of-way need does not count the additional 50’ to be dedicated along the north side of CR512. No direct driveway connections from CR512 to the property shall be allowed unless approved as Major Relief. Access shall be from Local Roads.

2. Site Elements. Reserved.

3. Site Development Standards Minimum Lot Width 100’ Front Building Setback 10’ to 20’ Side Building Setback ≥10’ Corner Building Setback ≥10’ Rear Building Setback ≥35’ Maximum Building Length 200’ Maximum Building Height 35’ Maximum Building Coverage 60% Maximum % Residential Use within a Building NA Maximum Building Size NR Maximum Lot Coverage 85% Maximum Floor Area Ratio 1.0 Minimum Average Unit Size NA

NA = Not Allowed NR = Not Regulated

NOTES: Reserved.

C. Landscaping. All landscaping shall comply with the requirements of Article XI except as modified by

these regulations. 1. Increased Canopy Tree Size. All required canopy trees shall have a minimum height of

sixteen (16) feet and minimum spread of six (6) feet at time of planting. 2. All front yards shall be landscaped with one canopy tree and one understory tree for each

forty (40) linear feet of frontage. The required canopy trees may be placed in the Local Road right-of-way as street trees as Minor Relief.


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3. All side yards adjacent to Local Road rights-of-way shall be landscaped with one canopy tree and one understory tree for each forty (40) linear feet of frontage. The required canopy trees may be placed in the Local Road right-of-way as street trees as Minor Relief.

4. Perimeter of parking areas, where such parking is viewable from off-site, shall be landscaped with one canopy tree for each forty (40) feet of parking perimeter and a three-tier combination screen comprised of groundcover, hedge, and shrubs, accent plants or understory trees to provide a visual screen three (3) feet high measured from the grade of the project site parking area. Sod and nonliving groundcover shall not be credited toward this requirement. Perimeter of parking areas, where such parking is not viewable from off-site, shall be landscaped with one canopy tree for each forty (40) feet of parking perimeter and sod or nonliving groundcover. Trees required for front or side yards may be credited toward these requirement if located in a unified landscape design theme as Minor Relief.

5. Building foundations shall be landscaped with at least one tree credit for every thirty (30) feet of building foundation and a three-tier combination screen comprised of groundcover, hedge, and shrubs, accent plants or understory trees along all frontages of the building not otherwise dedicated to doors, display windows, or specific and unique architectural features. Sod and nonliving groundcover shall not be credited toward this requirement. Trees required for front or side yards may be credited toward this requirement if located in a unified landscape design theme as Minor Relief. Building foundations adjacent to parking perimeters are not required to provide parking perimeter landscaping.

D. Parking.

1. Parking may be approved in front of the principal use by Major Relief. E. Special Sign Regulations.

Reserved. F. Lighting.

Reserved. G. Civic Spaces. The following additional civic space regulations shall apply to all development and major redevelopment.

1. The civic space shall include within the front yard, or within the CR512 right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of one hundred fifty (150) square feet plaza as defined in Exhibit 10.



i. The civic space shall be a minimum of one hundred fifty(150) square feet in area and located near, adjacent to, or within the Local Road right-of-way and may consist of a plaza as defined in Exhibit 10.




Reserved.


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K. Noise. Reserved.

L. Use Restrictions.

1. Drive-through facilities are prohibited unless approved as Major Relief and oriented away from CR512 and screened from view from any residential property and Local Road right-of-way.

2. Miniature Golf Courses adjacent to conforming residential property shall provide a minimum 20’ Type ‘B’ buffer.


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Section 9.8. North Willow Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward North Willow. When the property has frontage on North Willow and an intersecting Local Road, the front of the building shall be oriented toward North Willow and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

2. A first level multifamily residential or lodging function shall be raised by stemwall construction a minimum of 2 feet from average Sidewalk grade.

B. Site Standards.

1. Site Access. a. All property shall dedicate, where required, 25’ corner clips for future intersection improvements. b. All property shall dedicate ten (10) feet along the N. Willow frontage for the ultimate right-of-way needs of the

corridor. c. Access shall be from North Willow for all development. d. A driveway connection from a Local Road may be approved as Minor Relief.

2. Maximum Residential Density is calculated as follows: Lot Area x Maximum Allowable Coverage x FAR x Maximum % Residential ÷ Average Unit Size

3. Site Development Standards Minimum Lot Width1,2 100’ Front Building Setback3 10’ to 20’ Side Building Setback4 ≥7.5’ Corner Building Setback 10’ to 20’ Rear Building Setback ≥30’ Maximum Building Length 100’ Maximum Building Height 35’ Maximum Building Coverage 60% Maximum % Residential Use within a Building 100% Maximum Building Size NR Maximum Lot Coverage 80% Maximum Floor Area Ratio 1.0 Minimum Average Unit Size 900sf

NR = Not Regulated NOTES: 1. When developed as a front yard as allowed by Exhibit 4 and proposed to be platted into fee simple ownership

as townhouse dwellings, lot width may vary so long as the minimum lot size of each proposed townhouse lot is at least 3,000 square feet in size after dedication of any required land.

2. Lots less than 100 feet in width at time of adoption of the Infill/Redeveloment District shall be allowed to develop under the allowances of the overlay district when meeting all other requirements of the overlay district. Lots under common ownership at time of adoption of the Infill/Redeveloment District that when combined are at least 100 feet wide shall not be developed separately.

3. Front setback shall be measured from N. Willow Street. 4. Internal lot setbacks for townhouse developments may be zero (0) feet.


regulations. 1. Single-family residences shall be exempt from these regulations and need only comply with the requirement for

single family homes contained in Article XI. 2. For nonresidential or multifamily developments proposed adjacent to existing single family homes or across an

alley from an existing single family home, a ten (10) feet wide Type ‘B’ buffer shall be provided within the required side or rear yard.

D. Parking. The following additional parking regulations shall apply only to nonresidential and multifamily development.

1. Parking may only be located to the side of a principal structure by Major Relief. Parking may not be approved in front of the principal use.


2

a. For townhouse developments, parking may be located in front of the principal structure by Major Relief with a minimum setback of 20’ and a minimum single-car garage provided for each unit. The garage shall be set back an additional five feet from the balance of the front façade.



a. Free standing signs shall not exceed a height of six (6) feet and twenty-four (24) square feet of sign area. b. No more than one free standing sign shall be allowed. c. Freestanding signs shall be located along the North Willow frontage with a minimum setback of two (2) feet

and a maximum setback of five (5) feet from the frontage. 2. Wall/Facade Signage.

a. Reserved. F. Lighting. The following additional lighting regulations shall apply only to nonresidential and multifamily development.



1. The civic space shall include within the front yard, or within the N. Willow right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of one hundred (100) square feet plaza as defined in Exhibit 10.






Reserved. K. Noise.


1. The following uses shall be limited as show in the table below.

Bed and Breakfast Maximum 15 rooms Bed and Breakfast Minimum 150 sf each rental bedroom Group Home Minimum 150 sf each rental bedroom

2. Retail uses shall be limited to 2,500sf in gross building area. 3. Restaurant uses shall limited to no more than 25 seats. 4. Banks/Financial Institutions shall be limited to 1,500sf in gross building area. 5. Drive-through facilities are prohibited.


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Section 9.9. North Myrtle Overlay District. A. Architectural Standards.

2. Building Orientation. The front of all buildings shall be oriented toward North Myrtle. When the property has frontage on North Myrtle and an intersecting Local Road, the front of the building shall be oriented toward North Myrtle and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

3. A first level multifamily residential or lodging function shall be raised by stemwall construction a minimum of 2 feet from average Sidewalk grade.

B. Site Standards.

1. Site Access. a. All property shall dedicate where required, 25’ corner clips for future intersection improvements. b. All property shall dedicate five (5) feet by easement along the N. Mrytle frontage for sidewalk purposes. c. Access shall be from North Myrtle for all development. d. A driveway connection from a Local Road may be approved as Major Relief.

3. Maximum Residential Density is calculated as follows: Lot Area x Maximum Allowable Coverage x FAR x Maximum % Residential ÷ Average Unit Size

4. Site Development Standards Minimum Lot Width1,2 100’ Front Building Setback3 15’ to 25’ Side Building Setback4 ≥10’ Corner Building Setback 15’ to 25’ Rear Building Setback ≥30’ Maximum Building Length 300’ Maximum Building Height5 35’ Maximum Building Coverage 50% Maximum % Residential Use within a Building 100% Maximum Building Size NR Maximum Lot Coverage 80% Maximum Floor Area Ratio 1.0 Minimum Average Unit Size 750sf


as townhouse dwellings, lot widths may vary so long as the minimum lot size of each proposed townhouse lot is at least 3,000 square feet in size after dedication of any required land.

2. Lots less than 100 feet in width at time of adoption of the Infill/Redeveloment District shall be allowed to develop under the allowances of the overlay district when meeting all other requirements of the overlay district. Lots under common ownership at time of adoption of the Infill/Redeveloment District that when combined are at least 100 feet wide shall not be developed separately.

3. Front setback shall be measured from N. Mrytle Street. 4. Internal lot setbacks for townhouse developments may be zero (0) feet. 5. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor

nonresidential or mixed use, which shall be a minimum of 12 feet with a maximum of 25 feet in height. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two (2) stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional story. In a parking structure or garage, each above-ground level counts as a single story regardless of its relationship to habitable stories. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height.


regulations. 1. When opposite an existing residential use, outdoor storage shall provide a twenty-five (25) wide Type ‘A’ buffer.

When opposite vacant land or a non-residential use, outdoor storage shall provide a fifteen (15) wide Type ‘A’ buffer.


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2. For nonresidential or multifamily developments, a fifteen (15) wide Type ‘B’ buffer shall be provided between N. Myrtle right-of-way and any side yard parking.

3. For nonresidential or multifamily developments proposed adjacent to existing single family homes or across an alley from an existing single family home, a fifteen (15) feet wide Type ‘A’ buffer shall be provided within the required side or rear yard.

4. For light industrial developments proposed adjacent to existing single family homes or across an alley from an existing single family home, the buffer requirements of Article 11 shall apply.

5. Single-family residences shall be exempt from these regulations and need only comply with the requirement for single family homes contained in Article XI.

D. Parking. The following additional parking regulations shall apply only to nonresidential and multifamily development.

1. Parking may only be located to the side of a principal structure by Minor Relief. Parking may not be approved in front of the principal use. a. For townhouse developments, parking may be located in front of the principal structure by Minor Relief with a

minimum setback of 20’ and a minimum single-car garage provided for each unit. The garage shall be set back an additional five feet from the balance of the front façade.



a. Free standing signs shall not exceed a height of six (7) feet and thirty two (32) square feet of sign area. b. No more than one free standing sign shall be allowed. c. Freestanding signs shall be located along the N. Myrtle frontage with a minimum setback of five (5) feet.


F. Lighting. The following additional lighting regulations shall apply only to nonresidential and multifamily development.



1. The civic space shall include within the front yard, or within the CR512 right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of one hundred (100) square feet plaza as defined in Exhibit 10.






Reserved. K. Noise.


1. Each rental bedroom within a group home shall be at least 150sf.


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2. Retail uses shall be limited to 5,000sf in gross building area and no more than 2,000sf in gross tenant area. 3. Restaurant uses shall limited to no more than 25 seats. 4. Banks/Financial Institutions shall be limited to 2,500sf in gross building area. 5. Drive-through facilities are prohibited. 6. Miniature Golf Courses adjacent to conforming residential property shall provide a minimum 20’ Type ‘B’ buffer. 7. Vehicular sales and rental; vehicular repair (major or minor) shall not be located adjacent to an existing residential

use along the side lot line or opposite Myrtle Street.


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Section 9.10. South Carolina Overlay District. A. Architectural Standards.

1. Building Orientation. The front of all buildings shall be oriented toward South Carolina. When the property has frontage on South Carolina and an intersecting Local Road, the front of the building shall be oriented toward the South Carolina and may be oriented as a corner building toward both intersecting roads. To be oriented toward a road means to have a main building entrance facing the road right-of-way.

2. First floor uses. a. Except for single-family residences, all first level uses shall be at essentially the same elevation as the back of

sidewalk. b. For multi-use buildings, pedestrian-oriented uses are required on the first floor, for example:

i. Retail businesses. ii. Personal service establishments (e.g., personal and household goods repair and maintenance, personal

care services such as barber shops, beauty salons, shoe repair, framing shops). iii. Medical and dental offices. iv. Eating and drinking establishments (indoor and/or outdoor). v. Food markets. vi. Studios and galleries (artists, photographer, etc.). vii. Bank facilities (no drive-through facilities, except on corner lots). viii. Hotel, motel, and bed and breakfast.

9. Except for single family homes, at a minimum, the architectural styles shall incorporate the following decorative features into the building and site design consistent with the architectural style selected:

a. Awnings or arcades. b. Arched, display, or comparable windows in all the S. Carolina fronting windows on the first floor. c. Balconies, where feasible, on the upper floors.

B. Site Standards.

1. Site Access. a. All property shall dedicate, where required, 25’ corner clips for future intersection improvements. b. Access shall be from the Local Roads. c. Access from South Carolina may be approved as Major Relief as interim access until access from the Local

Road is possible. 2. Site Elements.

Reserved. 3. Maximum Residential Density is calculated as follows:


Minimum Lot Width1 50’ Front Building Setback 5’ to 10’ Side Building Setback2 ≥5’ Corner Building Setback 10’ to 15’ Rear Building Setback ≥30’ Maximum Building Length 100’ Maximum Building Height3 35’ Maximum Building Coverage 75% Maximum % Residential Use within a Building 100% Maximum Building Size NR Maximum Lot Coverage 90% Maximum Floor Area Ratio 1.5 Minimum Average Unit Size 500sf


as townhouse dwellings, lot widths may vary so long as the minimum lot size of each proposed townhouse lot is at least 2,000 square feet in size after dedication of any required land.

2. Internal lot setbacks for townhouse developments may be zero (0) feet.


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3. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor nonresidential or mixed use, which shall be a minimum of 12 feet with a maximum of 25 feet in height. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two (2) stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional story. In a parking structure or garage, each above-ground level counts as a single story regardless of its relationship to habitable stories. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height.


regulations. 1. A ten (10) feet wide Type ‘B’ buffer shall be provided along the rear frontage. 2. For nonresidential or multifamily developments proposed to the side of existing single family homes, the buffer

requirements of Article XI shall not apply. 3. Single-family residences shall be exempt from these regulations and need only comply with the requirement for

single family homes contained in Article XI. D. Parking. The following additional parking regulations shall apply only to nonresidential and multifamily development.

1. Parking may only be located to the side of a principal structure by Major Relief. Parking may not be approved in front of the principal use.

2. All parking areas shall be interconnected with parking provided on adjacent property along South Carolina. 3. All development shall provide a cross parking agreement. 4. For all uses where on-site parking is required, the minimum number of off-street parking spaces shall be equal to

80 percent of the minimum number of off-street parking spaces required in section 7.2 with a minimum of two spaces being provided for all uses. Designated on-street parking directly fronting a lot shall count toward fulfilling the parking requirement for that lot.

5. The planning commission may recommend and the city council approve an additional reduction in the number of required parking spaces if the applicant/or property owner can show traffic studies or parking studies, with supporting data and analysis, that the need is less, or that there are sufficient numbers of spaces within 500 feet of the building site.

6. Shared parking. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours or when hours of peak use vary. Requests for the use of shared parking are subject to approval by the city council and must meet the following conditions:

a. The applicant must demonstrate to the city council's satisfaction that substantial conflict shall not exist in the principal hours or periods of peak demand for the uses for which the joint use is proposed.

b. The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation.

c. Parking facilities designed for joint use should not be located further than 500 feet from any structure or use served, measured along the most direct pedestrian route.

d. A written agreement shall be drawn to the satisfaction of the city attorney, executed by all private parties concerned assuring the continued availability of the number of parking spaces designated for joint use, recorded in the public records, and require payment of a parking in lieu of fee when such parking ceases to be available in the future.

6. For restaurant, eating and drinking uses, the minimum number of spaces provided on-site shall be equal to 55 percent of the minimum number of off-street automobile parking spaces required in section 7.2, with a minimum of two spaces. Any outdoor dining use shall be included when calculating the required number of minimum off-street parking spaces.

7. Parking spaces for nonresidential uses may be provided on a separate lot or parcel not more than 500 feet from the primary parcel to be served as measured along the most direct pedestrian route.

8. Hotel, motels, bed and breakfast in the district: one off-street parking space for every two guest rooms plus one space for the resident managers. Parking shall be provided in a manner that is compatible with the surrounding area.

9. For all other residential uses: one and one-half off-street parking spaces per dwelling unit with one or more bedrooms.

10. Where not specifically changed in this section, parking requirements shall otherwise comply with the city regulations.


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E. Special Sign Regulations. The following additional sign regulations shall apply only to nonresidential and multifamily development. 1. Freestanding Signs.

a. Free standing signs shall not exceed a height of six (6) feet and twelve (12) square feet of sign area. b. No more than one free standing sign shall be allowed. c. Freestanding signs shall be located along the S. Carolina frontage with a minimum setback of two (2) feet.


F. Lighting. The following additional lighting regulations shall apply only to nonresidential and multifamily development.

1. Street lamps shall conform to the style adopted by the City and shall be installed in accordance with the City’s Infill/Redevelopment Overlay lighting program.


1. The civic space shall include within the front yard, or within the S. Carolina right-of-way by Minor Relief, as determined by the City as part of the site plan approval, a minimum of two hundred twenty-five (225) square feet plaza as defined in Exhibit 10.






Reserved. K. Noise


1. The following uses shall be limited as show in the table below. Hotel/Motel Density Maximum 20 units per gross acre, up to 30 with bonuses Bed and Breakfast Maximum 15 rooms Hotel/Motel Minimum 250 square feet, each hotel/motel room Bed and Breakfast Minimum 150 sf each rental bedroom Group Home Minimum 150 sf each rental bedroom

2. Outside display, street vending or sidewalk vending. Duly licensed commercial business owners on South

Carolina may display their products on the outside of their business, in a neat and orderly manner under the following requirements. a. All outside display areas shall be located adjacent to the main building, shall not impede pedestrian or traffic

flow and shall not take up required parking areas. The defined areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise.

b. Only agricultural and/or equestrian products may be permanently stored outside a business that is duly licensed to sell such products, such as a feed store or hardware store. No such products may be located forward of the front building line of such store.


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c. Outside storage and/or sales shall not be located: 1) Within 15 feet of any street intersection or pedestrian crosswalk; 2) Within five feet of a primary roadway access into a parcel; 3) Within five feet of another outside vending location; 4) Within five feet of a building exit; 5) Within 15 feet of a fire hydrant; 6) Within an area that abuts the display windows of a permanent business location not owned by the outside

vendor; or 7) Where in the opinion of the city's designated representatives it represents an obstruction to traffic safety

or endangers the public welfare. b. Merchandise considered valid for outside sales includes, but is not limited to: small retail items; agricultural

products (human consumable products); prepared foods; crafts; art works; plant materials, garden supplies (except mowers, tractors or other heavy equipment); furniture; and the like. Services would include caricatures, face painting, massage therapy by a licensed massage therapist; nail technicians; cosmetics, and similar services. Prohibited items include vehicles, auto parts, tires, heavy equipment of any kind, fireworks, and any hazardous products. The city council shall reserve the right to determine if a product is a valid material to be included in an outside sales environment. Theatres shall be limited in size to 200 seats.

3. Arcades shall be conducted completely within an enclosed building. 4. Mixed-use buildings with retail, office and residential uses included in one building shall meet the following

conditions: a. Retail and/or office uses are to be located on the first floor or successive floors, under residential uses.

5. Places of worship that demonstrate their ability to meet parking demands, through on or off site parking, shared parking with cross parking easements, or other accepted method.

6. Banks with drive-through facilities, under the following conditions: a. Must be on a corner parcel. b. Parcel shall be a minimum of one-quarter acre. c. Shall be set back 15 feet from existing residential uses including stacking lanes.

7. Residential units shall not be located on the first floor except for group homes. The average size a residential unit shall be a minimum of 500 square feet, except under the following conditions:

b. If the owner registers the entire project with the state as a "55" or older adult community, which states that 80 percent of the units must be for those who are a minimum of 55 years old, the average unit size may be 400 square feet.

c. The units must be sold as condominiums or utilized for long term rentals and may not be used for short term rentals, which would be less than a month's term.

8. Group homes. a. Shall not be located closer than 1,200 feet to another group home or community residential home. b. A minimum of two meals per day shall be provided within a common area. 1. Group homes or community residential homes located along Broadway shall be exempt from the 500-foot

separation requirement to single-family residential contained in article V. 9. Bed and breakfast establishments.

a. Shall abide by the lot development standards contained herein. b. Shall be exempt from the Type B parking buffer of item B.3 of Article V of the Code.

10. Restaurants, Bars and related uses. a. Shall be exempt from the setbacks for parking areas adjacent to conforming residential properties of item J.1

of Article V of the Code. b. Shall be exempt from the prohibition of outdoor seating areas adjacent to conforming residential properties of

item J.4 of Article V of the Code. c. Shall be exempt from the outdoor seating barrier requirements of item S.3 of Article V of the Code.

city of fellsmere exhibit 1. architectural standards · city of fellsmere exhibit 1. architectural...

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