Sec. 656.399.7. - Overlay development standards.

Except as otherwise provided in this Subpart M, the design, siting and building standards, criteria and limitations set forth expressly in this Subpart M with reference to lots with building restriction lines, setback and height, specific locations, specific development types and/or specific types of structures or equipment, shall supersede and prevail over any other inconsistent provisions of the Zoning Code including any PUD adopted subsequent to the effective date of this ordinance. Subsequent to the effective date of this ordinance any request for administrative deviation, variance, conventional rezoning, PUD rezoning, PUD administrative modification, PUD minor modification, or PUD major modification shall be limited by these Overlay development standards as well as Section 656.399.6 , of this Overlay. For standards not expressly set forth in this Overlay, the standards relative to an underlying zoning district and other applicable, general provisions of the Zoning Code shall govern. (a) Building restriction line setbacks. (1) Where building restriction lines are depicted on the historical plats of lots listed in Figure B, such lines shall constitute setback lines and determine the size of each and every required, open "yard" for single-family, multi-family and commercial development, notwithstanding the size yard otherwise required pursuant to the Zoning Code. In the event an existing lot contains building restriction lines on a part, but not the whole, of such lot, the building restriction lines shall be deemed to continue in a linear and/or logical fashion to apply to the whole of the lot. (2) In the event no building restriction lines are depicted for a particular lot, or fail to delineate a front, rear or side yard on a particular lot, the size of all required yards shall be determined as may expressly be set forth hereinafter, or as otherwise provided by the Zoning Code. (3) The term "yard" shall be as defined in the Zoning Code, with the following exceptions: (i) For the following lots, the frontage on the waterway shall be deemed a rear yard, and specifically not a "yard, front" as defined in Section 656.1601 , Ordinance Code: 1. San Marco, for Lots 1 through 5 of Block 1, and Lots 1 through 18 of Block 2; and 2. Better Homes First Addition to San Marco Replat Block 100, for Lots 1 through 16; and (ii) If a rear yard is designated in a lot's historic plat, that yard shall be deemed a rear yard for zoning purposes within this Overlay, unless otherwise specifically stated herein. (4) The term "combined" with reference to the required side yard means that one side of two may be reduced, so long as the total of the two side yards equals the required combined amount, with the reduction limited as follows: ten-foot combined, one side yard may be reduced to three feet; 12-foot combined, one side yard may be reduced to four feet; 15-foot combined, one side yard may be reduced to five feet; 20-foot combined, one side yard may be reduced to 7.5 feet. (5) For residential lots with frontage on three streets, the lot owner may request a setback reduction totaling no more than 15 feet "combined" as that term is used in subsection (4) above; provided however, that the primary front yard (where the front door faces the street and the property is addressed) may not be reduced to less than a 25-foot setback and the second front yard (adjacent to the side of the residence) may not be reduced to less than 15-foot setback. The setback reduction may be approved administratively by the Director without the need for an administrative deviation. (b) Specific location setback lines and provisions. The setback lines/required yards and other siting restrictions applicable to lots located within the historical plats of lands listed in Figure B, and identified and described further by current street name (and applicable to any successor street name thereto), are as follows: (1) Replat of Block 22 and Lots 1, 2, 10-12 of Block 14 of Oklahoma; Figure C, Location 19: 15-foot front yard setback and a ten-foot combined side yard setback. (2) Harpers Replat, Part of Block 25 of Oklahoma; Figure C, Location 2: Ten-foot front yard setback and a ten-foot combined side yard setback. (3) John White's Replat of Lots 10-16 of Oklahoma; Figure C, Location 14: Ten-foot front yard setback and a ten-foot combined side yard setback. (4) Shadyside; Figure C, Location 27: Lots abutting upon streets as follows: (i) Cedar Street - 20-foot front yard setback and a ten-foot combined side yard setback. (ii) LaSalle Street - 20-foot front yard setback and a ten-foot combined side yard setback. (iii) Landon Avenue west of Hendricks Avenue - 25-foot front yard setback and a 12-foot combined side yard setback. (iv) Landon Avenue east of Hendricks Avenue - ten-foot front yard setback and a 15-foot combined side yard setback. (v) Belmonte Avenue - 25-foot front yard setback and a 12-foot combined side yard setback. (vi) Flagler Avenue - 25-foot front yard setback and a 12-foot combined side yard setback. (vii) Naldo Avenue - 20-foot front yard setback for lots located on the east side of Naldo and a ten-foot front yard setback for lots located on the west side of Naldo, with a 12-foot combined side yard setback. (viii) Thacker Avenue - 20-foot front yard setback and a 15-foot combined side yard setback. (ix) Minerva Street - 20-foot front yard setback and a 15-foot combined side yard setback. (x) Arcadia Place - 20-foot front yard setback and a 15-foot combined side yard setback. (5) Replat of Block in Shadyside; Figure C, Location 24: Lots located along Thacker Avenue shall have a 20-foot front yard setback and a 15-foot combined side yard setback. (6) Oklahoma; Figure C, Location 28: Lots abutting upon Larue Avenue, Belmonte Avenue and Flagler Avenue shall have a 15-foot front yard setback and a 15-foot combined side yard setback. (7) Fletcher Park Replat of Lots 18 & 19; Figure C, Location 18: Lots abutting upon streets as follows: (i) Minerva Avenue - 20-foot front yard setback and a 15-foot combined side yard setback. (ii) Arcadia Avenue - Lots located along west side of Arcadia shall have a 20-foot front yard setback and a 15-foot combined side yard setback. (iii) Mango Avenue - Lots located along the east side of Mango shall have a ten-foot front yard setback except that parcels currently designated as CCG-1 zoning district shall have a zero (0) front yard setback. (8) Alford Park; Figure C, Location 3: For lots addressed on the east side of Arcadia Place a 35-foot front yard setback and a 15-foot combined side yard setback. For lots addressed on the east side of Belote Place a 25-foot front yard setback and a 15-foot combined side yard setback. For lots addressed on the west side of Belote Place a 20-foot front yard setback and a 15-foot combined side yard setback. For the lot addressed on the south side of Alford Place between Belote Place and Arcadia Place a ten-foot front yard setback and a 15-foot combined side yard setback. For the lot addressed on the north side of Mitchell Avenue between Belote Place and Arcadia Place a five-foot front yard setback and a 15-foot combined side yard setback. For corner lots having two front yards, the front yard setback limitation shall apply to each front yard. Notwithstanding these restrictions, any primary structure and any alterations to the primary structure that were constructed more than 50 years prior to January 1, 2025 that is made non-conforming by these setback limitations may be reconstructed on the structure's historic footprint. (9) Fletcher Park; Figure C, Location 23: For lots located along all streets except Atlantic Boulevard a 7.5-foot front yard setback and a 20-foot combined side yard setback. (10) Riviera; Figure C, Location 20: For lots located along the St. Johns River, the river shall be deemed to constitute the front yard while River Road shall constitute the rear yard, with a 20-foot front yard setback measured from the bulkhead required and a five-foot rear yard setback required for detached garages. For non-riverfront lots, a 20-foot front yard setback shall be required and a 15-foot combined side yard setback. (11) Clarke's Replat of Block 16 of Oklahoma; Figure C, Location 21: For lots located along LaSalle, Palm, Cordova and Cedar, a 20-foot front yard setback shall be required and a 15-foot combined side yard setback. (12) San Marco; For Lots 1 through 5 of Block 1, and Lots 1 through 18 of Block 2, the following shall apply: (i) The riverfront of such lots shall be considered the rear yard. (ii) The rear yard setback shall be 25 feet from the inland side of the bulkhead. (iii) The minimum setback for rear yard accessory structures from the inland side of the bulkhead shall be five feet, and five feet from adjacent lots. (iv) Permitted Accessory structures in rear yard: a. Fences not to exceed four feet in height; and b. Accessory structures not in excess of four feet in height such as swimming pools, hot tubs, water features, decks, barbeque and fire pits, mechanical equipment, etc., as long as such structures are set back from the inland side of the bulkhead and the adjacent lots by a minimum of five feet. (v) Permissible Accessory structures through administrative deviation in rear yard: a. Only one rear yard accessory structure is allowed per lot by administrative deviation. Such structures may be permitted for uses such as a summer kitchen, cabana, non-commercial greenhouse, storage shed or playhouse, and only provided that all of the following limitations, in addition to the limitations in Section 656.399.8 , Ordinance Code, are satisfied: i. Structure, including roof overhang, not to exceed 150 square feet in area and 15 feet in total height including all roof features, as measured from the lower of either the undisturbed existing grade at the accessory structure, or one foot above the elevation of the property line at the road right-of-way; ii. Structure shall be set back a minimum of five feet from the inland side of the bulkhead and the adjacent lots; iii. Structure shall not obstruct the river view of any adjacent lot as viewed from the adjacent house, or the adjacent rear yard setback if no house exists, from an elevation of five feet from the finished floor elevation of the lowest room on the riverfront of such house; and iv. Since the structure will likely be visible from adjacent parcels, adequate landscape screening shall be provided to screen the structure. (vi) Prohibited Accessory structures in rear yards include garages and facilities for caretakers and accessory living quarters. (vii) Except as provided in (iv), no administrative deviation from this Section shall be permitted. (13) Better Homes First Addition to San Marco Replat Block 100; For Lots 1 through 5, the following shall apply: (i) The riverfront of such lots shall be considered the rear yard. (ii) Permitted Accessory structures in rear yards: a. Fences within 25 feet of the inland side of the bulkhead shall not exceed four feet in height; b. Fences between 25 feet to 50 feet from the inland side of the bulkhead shall not exceed six feet in height and any portion of the fence over four feet in height shall have a maximum opacity of 30%; and c. Structures not in excess of four feet in height such as swimming pools, hot tubs, water features, decks, barbeque and fire pits, mechanical equipment, etc., as long as such structures are set back from the inland side of the bulkhead and adjacent lots by a minimum of five feet. (iii) Permissible Accessory structures through administrative deviation in rear yards: a. Only one rear yard accessory structure per lot is allowed by administrative deviation. Such structure may be permitted for uses such as a summer kitchen, cabana, non-commercial greenhouse, storage shed or playhouse, and only provided that all of the following limitations, in addition to the limitations in Section 656.399.8 , Ordinance Code, are satisfied: i. Structure, including roof overhang, not to exceed 150 square feet in area; ii. Structure height, including all roof features, not to exceed 15 feet as measured from the lower of either the undisturbed existing grade of the accessory structure, or one foot above the elevation of the property line at the road right-of-way; iii. Structure set back from the inland side of the bulkhead a minimum of 25 feet and from the adjacent lots a minimum of five feet; iv. Structure will not obstruct the river view of any adjacent lot as viewed from the adjacent house, or the adjacent BRL if no house exists, from an elevation of five feet from the finished floor elevation of the lowest room on the riverfront of such house; and v. Since the structure will likely be visible from adjacent parcels, adequate landscape screening shall be provided to screen the structure. (iv) Prohibited Accessory structures in rear yards include garages and facilities for caretakers and accessory living quarters. (v) Except as provided in (iii), no administrative deviation from this Section shall be permitted. (14) Better Homes First Addition to San Marco—Replat Block 100; For Lots 6 through 16, the following shall apply: (i) The riverfront of such lots shall be considered the rear yard. (ii) Permitted Accessory structures in rear yards: a. Fences, as measured in height from the undisturbed existing grade at the fence, the maximum allowable height is as follows: i. Within 40 feet of the inland side of the bulkhead—four feet; ii. Between 40 to 100 feet of the inland side of the bulkhead—six feet, however, any portion of the fence over four feet in height shall have a maximum opacity of 30 percent; and iii. Landward beyond 100 feet from the river—may be completely opaque up to six feet in height. b. Structures that do not exceed four feet in height such as swimming pools, hot tubs, water features, decks, barbeque and fire pits, mechanical equipment, etc., as long as such structures are set back from the inland side of the bulkhead and from the adjacent lots by a minimum of five feet. (iii) No Accessory structure in excess of four feet in height shall be permissible within 40 feet of the bulkhead or riverward lot line. (iv) Permissible Accessory structures through Administrative Deviation in rear yards: a. In the lower level of the rear yard, only one rear yard accessory structure is allowed per lot by administrative deviation. Such structure may be permitted for uses such as a summer kitchen, cabana, non-commercial greenhouse, storage shed or playhouse, and only provided that all of the following limitations, in addition to the limitations in Section 656.399.8 , Ordinance Code, are satisfied: i. Structure, including roof overhang, not to exceed 400 square feet in area; ii. Structure set back from the inland side of the bulkhead a minimum of 40 feet, and from the adjacent lots a minimum of five feet; iii. Structure height, including all roof features, shall be a maximum of four feet above the lower of either the undisturbed existing grade of the subject property's riverward BRL, or one foot above the elevation of the property line at the road right-of-way; iv. Since the roof surface will likely be visible from adjacent parcels, architecturally compatible roof material and design as well as landscape screening shall be provided; and v. No mechanical equipment may be located on the roof of any such structure. b. In the upper level of the rear yard, only one rear yard accessory structure per lot is allowed by administrative deviation. Such structure may be permitted for uses such as a summer kitchen, cabana, non-commercial greenhouse, storage shed or playhouse, and only provided that all of the following limitations, in addition to the limitations in Section 656.399.8 , Ordinance Code, are satisfied: i. Structure, including roof overhang, not to exceed 400 square feet in area; ii. Structure located a maximum of 32 feet, as measured from the riverfront BRL, toward the river, and a minimum of five feet from adjacent lots; iii. Structure height, including all roof features, shall be a maximum of 15 feet as measured from the lower of either the undisturbed existing grade of the subject property's riverward BRL, or one foot above the elevation of the property line at the road right-of-way; iv. Structure shall not obstruct the river view of any adjacent lot as viewed from the adjacent house from an elevation of five feet from the finished floor elevation of the lowest room on the riverfront of such house, or five feet above the adjacent riverward BRL if no house exists; and v. Structure shall be adequately landscaped and screened from adjacent lot. c. The allowable square footage of Accessory structures may be combined for a maximum of 600 square feet, including roof overhang, so long as the structure meets the other limitations of the location (upper or lower rear yard) within which it is placed. (v) Prohibited Accessory structures in rear yards include garages and facilities for caretakers and accessory living quarters. (vi) Except as provided in (iv), no administrative deviation from this Section shall be permitted. (c) Single-family dwelling development. The following additional standards and criteria shall govern single-family dwelling development and shall provide for the setback where not specified pursuant to either subsections (a) or (b) hereinabove: (1) General standards. Standard Term/Condition Second front yard on corner lot setback: 15 feet Rear yard setback: Ten feet Maximum building height: 35 feet with no deviation allowed Maximum lot coverage: 35%   (2) Facade standards. No more than 30 percent of the entire front facade should be comprised of a front-facing garage door but demonstration of this standard shall not be required as a condition precedent to the issuance of a building permit. (3) Permitted use. Single family development shall be permitted by right within the RMD-E and CRO zoning districts. (d) Multiple-Family Dwelling Development. The following additional standards and criteria shall govern multiple-family dwelling development and shall provide for the setback where not specified pursuant to either subsections (a) or (b) hereinabove: (1) General standards. Standard Term/Condition Second front yard on corner lot setback: 15 feet Maximum building height: 35 feet Maximum lot coverage: 35 percent   (2) Facade requirements. For all facades along San Marco Boulevard, no more than 60 contiguous feet along the facade is permitted without a break or step back of a minimum depth of 20 feet into the lot interior for a minimum span of 15 feet. (3) Parking. All multiple-family development repairs or renovations commenced after the effective date of this Subpart exceeding 50 percent of the assessed value of an existing structure, shall make provision for adequate on-site parking to be located in the rear or side yards at a rate of at least one vehicular parking space per dwelling unit but shall provide greater parking as may be required by other provisions of the Zoning Code. However, if the repairs and renovations are proposed as part of a PUD rezoning, and all other standards in this Overlay are met, then a PUD including a request for a reduction in parking may be filed. (e) Commercial/Nonresidential development. (1) General standards. Standard Term/Condition Maximum building height: 35 feet Maximum lot coverage: None   (2) Transportation Corridor Standards. For lots located abutting Hendricks Avenue, San Marco Boulevard and Atlantic Boulevard west of the railroad tracks, the following commercial development standards and terms shall be applicable: Standard Term/Condition Front yard setback: Zero feet Side yard setback: Zero feet Rear yard setback: Ten feet   (3) Transportation Corridor Height Standards. (a) For lots located abutting the north side of Atlantic Boulevard from Hendricks Avenue east to the railroad tracks, and on the south side of and abutting Atlantic Boulevard from Hendricks Avenue to Arcadia Place, and then on Atlantic Boulevard from the railroad tracks east to Philips Highway, the maximum height of structures may be 50 feet in a conventional zoning district, or the height may be increased above 50 feet through a PUD pursuant to the following criteria: (i) For every 1 foot increase in height of the structure over 50 feet, the setback from an adjacent residential use shall be increased by one foot for every extra one foot of structure; and (ii) If the nearest residential use is across a public right-of-way, for every two feet of increase in height of the structure over 50 feet, the setback shall be increased by one foot; and (iii) The design must provide a transition from the proposed height to the height of adjacent uses. Criteria such as casting shadows and reduction in privacy, as well as the impact on adjacent residential uses, shall be considered. (b) For lots located abutting the west side of Hendricks Avenue from Alford Place to Cedar Street, and for lots located abutting the east side of Hendricks Avenue from the rear of lots fronting on Atlantic Boulevard, north to LaSalle Street, a PUD may be filed to request an increase the height above 35 feet so long as setbacks established by the Overlay are maintained or increased and the design techniques utilized create a transition from the proposed height to the adjacent uses. Transition criteria that shall be considered to determine whether an increase in height is warranted include, but are not limited to: (i) The casting of shadows; (ii) The reduction of privacy; (iii) The impact on adjacent residential uses; and (iv) The impact on nearby non residential structures and sites that are eligible for historic designation. (4) The lots numbered as 12, 13, 14 and 15 of Block 6 of the Plat of San Marco presently fronting on San Marco Boulevard shall have front yard setbacks of 30 feet. (5) Building orientation. All commercial buildings shall be oriented with an entrance and the primary facade facing a public right-of-way and shall be oriented specifically to San Marco Boulevard, Hendricks Avenue or Atlantic Boulevard, as applicable, where a commercial development abuts such rights-of-way. (6) Build-to line/front setbacks. Within the Subzone and for lots abutting Hendricks Avenue, San Marco Boulevard and Atlantic Boulevard, a minimum of 70 percent of the facade of a commercial building that fronts on the public right-of-way as to which the building is oriented shall be located not more than ten feet from such right-of-way, except that northeast of the railroad tracks along Atlantic Boulevard this requirement shall be extended to not more than 20 feet. Notwithstanding, pedestrian plazas and courtyards may break this build-to line but parking shall not be allowed in lieu of a pedestrian space unless it is located behind a landscaped street wall adjacent to the building line. (f) Equipment siting limitations. No air conditioner, heater or related equipment shall be sited or located in the required front yard. (g) Fencing along railroads. Where the rear property line of a lot within the Zone abuts an active railroad right-of-way, fences may be constructed to a height of ten feet along such rear property line. (h) Structure height. (1) The height of principle structures shall be measured from the lower of either the undisturbed existing grade at the perimeter of the building pad, or one foot above the elevation of the property line at the road right-of-way; and (2) The height of fences shall be measured from undisturbed existing grade. (Ord. 2004-1105-E, § 1; Ord. 2015-834-E , § 1; Ord. 2016-367-E , § 1; Ord. 2017-862-E , § 1; Ord. 2025-9-E , § 1)