§ 4.6.4. Special district boundary treatment.

The following special district boundary treatments are to be minimums. If other treatments are required, the requirements which provide for the greatest separation and most buffering shall apply.

(A)

Commercial zoning adjacent to residential zoning or zoning districts with a 35-foot height limitation. [Amd. Ord. 21-04 5/4/04]

(1)

Properties subject to the development standards of the Central Business District (CBD) shall comply with the following: [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 21-04 5/4/04]

(a)

Where the rear or side of a property directly abuts a zoning district with a height limitation of 35 feet without any division or separation between them of 30 feet or more, such as a street, alley, railroad, waterway, park, or other public open space, the following shall apply: [Amd. Ord. 21-04 5/4/04]

(i)

For buildings or portion of the buildings three stories or less in height, a ten-foot minimum building setback from the property line shall be provided. [Amd. Ord. 03-15 02/24/2015]; [Amd. Ord. 21-04 5/4/04]

(ii)

For buildings above three stories in height, at the top of the third story, minimum side and rear building setbacks of 30 feet shall be provided from the property line for the portion of the building that is over three stories in height. [Amd. Ord. 03-15 02/24/2015]; [Amd. Ord. 21-04 5/4/04]

(iii)

A solid finished masonry wall six feet in height, or a continuous hedge at least four and one-half feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the CBD zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. [Amd. Ord. 03-15 02/24/2015]; [Amd. Ord. 21-04 5/4/04]

(2)

All other commercially zoned properties shall comply with the following: [Amd. Ord. 21-04 5/4/04]

(a)

Where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide a ten-foot building setback from the property line located adjacent to the residentially zoned property. In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least four and one-half feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. If a wall is used, it shall have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge. [Amd. Ord. 21-04 5/4/04]

(b)

Where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten-foot building setback from the property line located adjacent to the separator. [Amd. Ord. 21-04 5/4/04]

(B)

Industrial zoning adjacent to residential zoning.

(1)

Where the rear or side of industrially zoned property directly abuts residentially zoned property without any division or separator between them, such as a street, alley, railroad, waterway, park, or other public open space, the industrially zoned property shall provide a 60-foot building setback from the property line located adjacent to the residentially zoned property.

(a)

In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least four and one-half feet in height at the time of installation, shall be located inside and adjacent to that portion of the boundary line of the industrially zoned property, which directly abuts the residentially zoned property. If a wall is used, it shall have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge.

(b)

Within the rear or side 60-foot building setback, parking and storage shall be allowed, provided such storage does not exceed the height of the barrier.

(2)

Where the rear or side of industrially zoned property does not directly abut residentially zoned property, but is separated from it by a street, alley, railroad, waterway, park, or other public open space, the industrially zoned property shall provide a 50-foot building setback from the property line located adjacent to the separator.

(a)

In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least four and one-half feet in height at the time of installation, shall be located inside and adjacent to that portion of the boundary line of the industrially zoned property, which directly abuts the residentially zoned property. If a wall is used, it shall have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge.

(b)

A driveway of not more than 24 feet in width may be allowed through the wall or hedge even if the industrially zoned property has access from some other right-of-way or street.

(c)

Within the rear or side 50-foot building setback, parking and storage shall be allowed, provided such storage does not exceed the height of the barrier.

(d)

Where the rear of the industrially zoned property directly abuts the combined rights-of-way of I-95 and the railroad, or the I-95 right-of-way, the wall or hedge will not be necessary; but the landscaping requirements as described in subsection (3) below must be followed.

(3)

Where the rear or side of industrially zoned property does not directly abut a residentially zoned property, but is separated from it by the combined I-95 right-of-way and the railroad right-of-way, or the I-95 right-of-way, the industrially zoned property shall provide a 50-foot building setback from the property line located adjacent to the right-of-way line.

(a)

In addition, the following method of screening shall be provided:

(i)

If the Site Plan Review and Appearance Board determines that the architectural elevation facing I-95 and the Railroad right-of-way is an aesthetic asset to the corridor, the perimeter landscaping shall consist of the following:

Shade trees 30 feet 'on center' and a continuous hedge to be maintained at a minimum height of four feet. Shade trees shall be a minimum of 12 feet in height with a six-foot spread at the time of installation. Hedge materials shall be a minimum of two feet in height at time of installation.

(ii)

If the SPRAB determines that the architectural elevation facing I-95 and the Railroad right-of-way lends itself more to the industrial function of the building, and does not provide an aesthetic asset to the corridor, the perimeter landscaping shall consist of the following:

A 15 foot deep buffer adjacent to I-95 and the Railroad. Within this area, a double staggered row of shade trees shall be planted 20 feet 'on center' within the row. In addition, a hedge must be planted adjacent to the rear property line to be maintained at a six-foot height. Shade trees must be a minimum of 12 feet in height at the time of planting and hedge material must be a minimum of four feet in height. [Amd. Ord. 17-91 2/26/91]

(4)

Where the front of industrially zoned property does not directly abut a residentially zoned property, but is separated from it by a street, alley, railroad, waterway, park, or other public open space, industrially zoned property shall provide a 30-foot building setback from the property line located adjacent to the separator. This front 30-foot building setback shall be landscaped, and no paving shall be permitted in the landscaped setback, except for permissible driveways or walkways leading to a structure.

(C)

POC zoning adjacent to residential zoning. In no event shall a building setback be less than then 25 feet on POC property which abuts residentially zoned property. Further, the total setback area shall be landscaped except for paths for pedestrian and vehicular access to the site.

(D)

MIC zoning adjacent to residential zoning. When a parcel of land zoned MIC abuts a parcel of land zoned residential without any division or separator between them, such as a street, railway, waterway, park, or other public open space, but excluding an alley, the following shall be the minimum setbacks on the abutting property line of the MIC land:

(1)

Front—30 feet, with a minimum landscape buffer of 15 feet.

(2)

Side and Rear—50 feet, with a minimum landscape buffer of 15 feet.

(E)

Subsection deleted in its entirety. [Amd. Ord. 53-94 6/21/94]