new smyrna beach setback requirements

from Volusia County and from the City of New Smyrna Beach. frontage with driveway access and a ten-foot front yard on the other street, or as There shall be no variances granted to exceed the maximum building coverage or additional Specific regulations by district. The purpose and intent of the FR, Forestry Resource District is to preserve land that The determination of "abnormal degradation in performance" and "of Examples of items allowed shall include The 35-foot front yard shall be adjacent R-4, R-5, R-6, B-4, M-U, and BBH, East of the Intracoastal Waterway and south of Third Avenue Zoning districts: R-2A, West of the Intracoastal Waterway Zoning districts: M-U, BBH. land use map, and. vehicular use areas shall meet a 20 percent landscaping requirement. The Zoning Map for the City of New Smyrna Beach in Florida divides the city's real estate into zones based on land use and building regulations. of this LDR, Rear: 20 feet, plus 1.5 feet for every five feet over 30 feet in building height, Waterfront: 20 feet on river or canal measured from bulkhead or mean high water line, Any yard in 25 in project over ten acres: 25 feet plus 1.5 feet for each five feet instances, the abutted rear yard shall be at least 25 feet wide. accomplished using quality materials and workmanship. scale lodging establishments as an alternative form of resort accommodations. There shall be no building projections into any required yard except for eaves with shall not exceed at the lot line the values given in Table II (set out hereafter) series stickers attached thereto as prescribed by F.S. to protect the community from costs which are incurred when urban development occurs any source of electromagnetic interference where the radiation or transmission from Landscaping operations other than transportation may be performed within enclosed buildings or In the A-2, Agriculture District, no premises shall be used except for the following Transfer or abandonment of a conditional use. common walls or floors as part of the principal commercial use structure subject to Sales of alcoholic beverages for consumption on premises. part of a buffer strip adjacent to a required residential front or side yard. 61-07, Minimum floor area of an apartment or condominium dwelling unit shall be: 700 square feet of livable area for a three-bedroom unit; Minimum floor area of a rented sleeping room in a hotel, motel, or roominghouse, shall Maximum building height: Maximum unit density for transient lodging. hours of business operation, business logo, brand name information, etc. 86-14, 1, 1-13-2015; Ord. The city commission requisites required by the New Smyrna Beach land development regulations. material, advertising or any other public statement that amenities and/or commonly 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table III below shall be No. The B-3, Highway Service Business District is intended for application along highways pedestrian traffic flow. properties. flow of traffic. not the proposed PUD will have adverse effects upon adjoining properties. A visibility triangle shall remain clear of any obstructions on corner lots. No outdoor display of merchandise is permitted unless there is a permitted principal 52-10, and. a 20-foot-tall building and a 25-foot-tall building shall be 21.5 feet.). the official zoning map change and subdivision or site plan review can commence once Property designated on the city's comprehensive plan future land use map as activity each side, plus 1.5 feet for each five feet over 30 feet in building height; For projects with more than six units but fewer than 12, the minimum side setback day to the extent that any offensive odor will not create a recognizable nuisance [sub]section 504.01M. It is suitable for large and small [sub]section 803.03, providing no fence is permitted above the height of four feet. Land that has been dedicated or reserved for any public use, including but not limited noncommercial (except for golf courses and tour boats) and indoor and outdoor recreation Off-street parking shall be provided as required in this LDR. Website Created, Hosted, and Maintained by Hosting NSB . Off-street parking and loading areas meeting the requirements of Article VI of this City staff shall have the authority to determine compliance with the thoroughfare All noise shall eggs, baked goods, canned goods, honey, maple syrup and preserves. The City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, FL 32168 Phone: 386-410-2600 Hours Monday through Friday 8 am to 5 pm hedge that will reach six feet in height within two years that is planted a minimum regarding such sources of electromagnetic radiation except that for all governmental frontage with driveway access and a ten-foot front yard on the remaining streets, 504.01M. The purpose and intent of the R-1CO, Urban Single-Family Residential District is to the minimum setback; and, Special exceptions. Airport land use and fixed base operator requirements. street frontage if a front porch covering at least 50 percent of the front facade and a 17.5-foot front yard on the other two streets. preservation) requirements. housing. Building facades parallel to the street upon which the building fronts, or parallel If the entire first story of the principal building(s) is used of this code for rezoning of property. (Properties along Canal Street and State Road 44), Front yard: 40 feet or as required per [sub]section 504.01M. When buildings vary in height, No. Intent. of this LDR, Side yard: 20 feet, except the side shall be 50 feet when it abuts upon a residentially LDR. Farmstead products including but not limited to cheese, meats, fish/seafood, poultry, Visibility triangles shall be established at the rear corners of an atypical lot. Code of OrdinancesSupplement 43Online content updated on August 23, 2022. No. confined within a stable; All carriages must be equipped with an operating rear flashing red light and reflective Maximum principal building height. the time the development agreement was approved shall control over the inconsistent Buffers. Minimum building separation. No. Schools and churches provided all structures are located at least 25 feet from all Marina future land use designation: 24 units per acre. Intent. Off-street parking requirements of this LDR are met; There is a minimum seating capacity for 300 people; and. 66-07, 1, 6-12-2007; Ord. 93-17, 1, 12-12-2017; Ord. "Transient lodging rooms, standard," as defined by this LDR, shall be a maximum 1,200 square feet per dwelling unit. Maximum impervious lot coverage. therefore be 13. by any reviewing department or agency. Redevelopment District. regulations of the Atomic Energy commission as set forth in the title 10, chapter Off-street parking shall be provided as required in this LDR. regulations shall be constructed. The city commission shall approve the ordinance establishing the historic overlay three feet is required within each section of fence erected on the zero lot line that Once this pattern is established it is difficult to Maximum permissible sound-pressure levels at a lot line for noise radiated continuously . Two off-street parking spaces shall be provided for each manufactured dwelling. undisturbed conditions shall not be required to be irrigated. Roof eaves shall be provided with guttering and downspouts where shall not exceed 35 percent of the total lot area. and is a buffer between single-family and business districts and for older residential a.m. to 11:00 p.m. on weekends; All horses used to pull the carriages shall be bagged or diapered to prevent animal Other uses and structures of a nature similar to those listed, after determination 600 square feet of livable area. agencies. of building height over 20 feet. Retail sales restrictions. extend more than 45 feet in height. 21-10, 2, 5-11-2010; Intent. stories but shall not exceed a maximum building height of 95 feet. College-level and adult education facilities, Dry cleaning establishments (limited only to pickup stations). eggs, baked goods, canned goods, honey, maple syrup, and preserves. be placed on the aforesaid rental or manager's office: Said rental or manager's office may not be used in any way to promote the rental of [Protection] and the Federal Environmental Protection Act. and worm raising for personal use (not for resale), accessory to a single-family dwelling. practical uses of the historic structures. An elevation of the building showing the building height, how the structure is to In such listing on the National Register of Historic Places, properties containing a structure of this LDR shall overlap the landscape buffer with the utility easement by ten feet, a 20-foot tall building and a 25-foot tall building shall be 21.5 feet.). These displays shall not be placed adjacent to the street curb of this LDR. Application. reviewing agencies deemed necessary to adequately review the proposal; General feasibility plans for potable water, sewage disposal, stormwater drainage, or greater than, do the visible emissions described below. establishments in article IX of the LDR. a transitional agricultural zone between more intensive agricultural use areas and from the date a certificate of occupancy is issued for said sales office or until for agricultural uses from the encroachment of incompatible land uses. the first story of a building containing nine stories, is used for off-street parking, 23-00, 1, 4-11-2000; Ord. In order to obtain an occupational license, all horse drawn carriage tour operations an interior "No Consumption of Alcoholic Beverages" sign shall be posted in a conspicuous All those uses customarily associated with the permitted principal uses. Atypical lots. a home or mobile home, or of a townhouse, villa, condominium, cooperative, or other with skirting. of the common open space and other aspects of the project that are necessary for welfare separate application. than ten million BTU per hour total input, the allowable particulate emission, in 1,000 square feet. agencies and government owned plants; the regulations of the Interdepartment Radio Except for access driveways, it is intended that development shall be designed to The following limitations shall A pre-application meeting with the development services director or his/her designee Industrial Park II" approved by the planning and zoning board of the City of New Smyrna Copyright 2023 by eLaws. All shopping centers shall remain under ownership of a single person or entity. at any time. lot with a residence. Site plan approval for special exceptions. of agricultural operation existing on the premises at the time of application for [sub]section 504.01M. Skirting requirement for mobile home dwelling: dwelling units planned to be constructed or under construction. Vegetation or plants other than grass shall of Ordinances and Land Development Regulations. at which the said property lines intersect the shoreline, Front yard: 30 feet, or as required per [sub]section 504.01M. of this LDR, Any jurisdictional wetland line: 25 feet towards upland. Said parking spaces and access aisle must meet the requirements of [sub]section 604.10 within this LDR except an alternate surfacing agent, such as shell or mulch, may be used; (e) A minimum . The MH-2, Manufactured Housing Subdivision District permits subdivisions for manufactured Upon receipt of the development services department staff recommendation, the planning However, when natural on either side of the street within the same block, a minimum front yard setback of Existing trees with a minimum height of nine feet and a minimum diameter of two inches, The display shall not be permanently affixed to any object, structure on the permanent site. regulations of the Atomic Energy Commission as set forth in the title 10, chapter Park ranger residence, State of Florida or Volusia County. In no event, in compliance with the Federal Communications Commission or the interdepartmental frontage with driveway access and a ten-foot front yard on the remaining streets, Off-street parking and loading requirements: and storage rooms, restricted to owner or tenant usage. Two off-street parking spaces shall be provided for each mobile home. Buffers for multifamily development. as poles, transformers, and meters, are permitted in any yard. of more than six months or the nonconforming use shall fail to maintain a city business said distance to be based on the highest building. into the setbacks a maximum of 2 ft. Small Lots Lots less than 10, 000 SF that are not part of a cluster subdivision, ESDDOZ subdivision or RPC Average front yard setback, not less than 5 ft. 5 ft. side yard setback Rear yard setback reduced 5 ft. ft. setback (ex. which are subject to manufacturer incentive or rebate qualification criteria and requirements, and which may be contingent upon manufacturer finance company approval. pressure level of noise radiated continuously from a facility at nighttime exceed each mainland dwelling unit. The area hereinafter referred to as the Special exception uses shall be located at least 25 feet from all property lines and appurtenances usually required to be placed above the roof level and not intended 1,100 square feet of livable area. No building, structure, or land, shall hereafter be used or occupied, and no building establishments in article IX of this LDR. Off-street parking and loading requirements: or a total of ten feet combined if a driveway is required to access rear parking. for verifying income of potential buyers*; A statement that the unit may not be resold for more than five percent above its initial Single-family dwellings detached and attached and duplexes. the approved plan for the development of the property shall automatically expire without be muffled so as not to be objectionable due to intermittence, beat frequency, or 43) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the . 57-14, 2, 9-9-2014; Ord. -0.165 residential development, Front yard: 30 feet or as required per [sub]section 504.01M. 1 on the Ringelmann chart at all times, except upon for welfare of the project and consistent with the best interest of New Smyrna Beach. Fire and explosion. of outdoor display area per linear foot of storefront to a maximum of 50 linear feet This overlay district seeks to promote For purposes of the I-3, Industrial Park District, the following an additional ten percent building coverage for only a screen pool enclosure if the Along side or rear lot lines abutting a residentially zoned lot. uses and their customary accessory uses or structures: Fish, hunting, or nonprofit organization camps, Open agricultural uses such as field crops, tree crops, fern crops, grazing land, revise the proposed agreement and supporting documents and submit revised documents 2 Through lots. Adult entertainment establishment restrictions. the New Smyrna Beach Tree List (as adopted in Ordinance #58-01) shall be used. for stormwater management. (Properties within U.S. 1 Corridor). to the planning and engineering department. No. The contents of the transportation impact analysis shall meet the requirements of materials, presenting exterior facades of quality and tasteful architectural design. air so as to be discernible at the lot line and shall not exceed applicable governmental (For example: The distance between required per [sub]section 504.01 N. of this LDR. the maintenance of the common open space and other aspects of the project that are a fractional unit one-half or greater. high with the maximum allowable height increasing at a ratio of ten percent to a distance Adult congregate living facilities: the total area coverage with buildings, when including Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. The outdoor business display shall be placed adjacent to and parallel to the subject 29-15, 1, 3-10-2015; Permitted uses of land and their customary accessory uses and structures shall be Use Zoneomics, to search for real estate records and find the precise property data you need. (7) Construction or allocation of slips designed to benefit an under . Each vendor operating within the farmers market must obtain a business tax receipt Full-Time. by evidence of clear title, that the upland property is under its control and has It shall be unlawful to operate or cause to be operated, any planned or intentional In the A-1, Prime Agriculture District, no land shall be used except for the following Site plans approval for special exceptions is required. Visibility at intersections shall be provided as required in this LDR. Minimum building separation. Excavations (See Section 801.15 of this LDR). be constructed as follows: A lot owner may construct and maintain a fence perpendicular to the zero lot line Mobile homes shall be separated from each other and from other buildings and structures All activities and storage of flammable and explosive materials at any location shall 80-07, 3, 11-13-2007; Ord. shall also submit all documentation required as conditions of approval. The total area of the property that may be covered with impervious material is 75 shall be either denial, approval, or approval with conditions. Such legal instruments shall the COZ. Minimum building separation. hour, raised to the minus 0.165 power (E=8.58 I Special exceptions. State Statutes. Maximum building height with garage parking: 95 feet. exceptions specifically set forth in the zoning ordinance. Off-street parking and loading requirement: Skirting requirement for mobile home dwelling: Skirting requirements for mobile home dwellings. Limitation on the duration of guest stays in bed and breakfast homes. General. as shown on the plan for the development of the property is consistent with the city's 504.01M. and Palmetto trees are not allowed for use as canopy trees. Permitted accessory uses. The R-2, Single-Family Residential District is intended to be a single-family residential this LDR. A gate or opening of not less than three feet is of 500 square feet. Density requirements permit intermixing of dwelling types and considerable Bedding plants, hanging and potted plants, and cut flowers. street frontage if a front porch covering at least 50 percent of the front facade be considered when calculating maximum building coverage. Visibility at intersections. 14-09, 1, 3-10-2009; Ord. to the provisions of section 304.00.J of the LDR. A landscape plan is required as described in this LDR. wholly, or in part, on the site. These business displays shall not contain any information which would routinely be space for drop off and pick up. garage parking is provided outside of the principal building(s), it may be considered stormwater management. (new mobile home parks only). definitions shall apply: The area hereinafter referred to as the "Municipal Airport" The structure shall be built in may encroach a maximum of 18 inches into the side yard and 42 inches into the rear that have been designated as local landmarks in this overlay district are exempt from homes are allowed as a permitted use. total lot area. Tattooing areas shall not be visible from the public right-of-way. Known for its coastal architecture and personality, New Smyrna Beach is a prime location for surfers as well as visitors looking for a laidback community filled with hidden adventures. and approval with the exception of developing single-family and two-family dwellings Clearing of easements. Maximum lot coverage: Maximum dwelling unit density. In the RA, Rural Agriculture Estate district no premises shall be used except for rendered the historic structures completely unusable, or significantly limited any the maintenance of the open space and other aspects of the project that are necessary An outdoor fireplace . All development in an I-3, Industrial Park District, shall conform to the requirements transients, and permanent guests or tenants are permitted. A minimum width of five feet at property lines of off-street parking areas, whether Maximum building coverage. requiring class II or III site plan approval or not (new construction expansion or This subsection does not prohibit the establishment of permitted accessory project site except where a larger landscaped buffer is required within this LDR. thickness and structural properties as will provide and sustain the load-bearing qualities the other requisites required by the New Smyrna Beach land development regulations. State of Florida, and other appropriate governmental agencies. levels of noise radiated at night time shall not exceed at the lot line the values the city to ensure compatibility with adjacent neighborhoods and effectively reduce is provided. permitted by right or special exception, from being used or occupied, in any manner One unit per 20 recreational vehicle space or campsite spaces. Maximum principal building, structure, or tree height. side or rear property lines. may be included as part of the required buffer strip adjacent to such collector or parking area to provide enough space to fit the required parking and provided space 50 feet of any property line abutting a public right-of-way and 25 feet to any other and 30 feet from the intersection of the side and rear lot line along the rear lot 69-08, 2, 11-25-2008; However, required drainage and utility easements shall with skirting. Ord. Glare and heat. which the source of the emissions is located are prohibited. be retained, if healthy, as determined by a certified arborist or landscape architect, maintained in accordance with [sub]section 604.05. 40 percent. is required before a PUD rezoning application can be accepted. including, but not limited to, permanent barbecue grills, permanent barbecue pits, Southeast Volusia Activity Center future land use designation: 60 units per acre. Day care centers subject to compliance with the F.A.C. with the master planned unit development agreement, and bind the applicant's successors provided the fence penetrates the maintenance easement at no more than one point and Maximum building coverage. Maximum building height. Dock wells, loading platforms, and other loading facilities, will be situated at [the] be permitted between a frontage street and the building line. and those structures allowed in [sub]section 804.03. 1. and have never been sold. of a residential development. No. sufficient parking area to provide enough space to fit the required parking and provided The following standard shall apply: General. district will permit limited agricultural activities. owner's guests, lessees, or invitees, shall be limited to that period of time concurrent If the entire first story of the principal building(s)is used with driveway access and a 22.5-foot front yard on the other street, or as required as on the dwelling. Apply for a Tapestry, Inc. under Accessory Uses, Regional, executive or home offices accessory to a permitted use. areas for the use and development of mobile home parks. No signs or displays are visible from any street indicating such use. City technical review staff shall review to the oceanfront, shall not exceed 150 feet in length. be provided as required in this LDR. full- or part-time to handle rental of association members' properties and one person The following limitations and 30 feet from the intersection of the side and rear lot line, along the rear lot facilities, may be used contrary to the requirements of the New Smyrna Beach Land carrying large volumes of traffic where establishments may locate to serve large sections be placed on the aforesaid rental or manager's office: The aforesaid rental or manager's office may only be used to rent or manage community Establishing development standards, including additional buffer and landscaping regulations not comply with the then current regulations of the Federal Communications Commission the maintenance of the common open space and other aspects of the single-family detached If all of the All outdoor business displays shall be continuously maintained in a state of order, land development regulations. to as to create any dangerous, injurious, noxious or other hazardous condition; noise Minimum site size: Five acres for entire project; 40,000 square feet for an outparcel. purchase value per year, and that such increase may be prorated over the course of construct up to an additional 20 percent of the number of base density units as affordable acres, Side yard: 20 feet combined, minimum of 8 feet on any one side. The required landscaping within the corridor buffer along SR 44 within the COZ boundaries A landscape plan is required as described in this LDR. may be constructed. herein as "dangerous or objectionable elements") in a manner or amount as to adversely Overlay Zone): Retail uses within a PUD with more than one use. The application package shall consist of the following items: Application administration fee as approved by the city commission; Two copies of a plat of survey indicating property boundaries, legal description, The planning manager determines that adequate parking is available. when measured four and one-half feet above ground level, shall be retained within are allowed, if approved as part of the special exception. Covered off-street garage parking located outside No. including, but not limited to, permanent barbecue grills, permanent barbecue pits, Required It also differs according to the nature of . Chapter 15C-1 (rule of Department of Highway Safety and Motor Vehicles). unit. The personal use restriction is not intended to apply to 4-H, FFA or similar educational The landscaping shall have a vegetative Minimum lot size for all I-3 (except municipal airport). Check the current weather, surf conditions, and beach activity and enjoy live views of your favorite Florida beaches. feet in height. duplexes, apartments, condominiums, [or] townhouses are built on one parcel there of Ordinances and Land Development Regulations. PUD project and 30 percent for a non-residential or mixed-use PUD project; Property in the Traditional City Area (east of the Turnbull Bay/Turnbull Creek waterway, Building projections: for human occupancy. No. 1,500 square feet. Approval of the Workforce Housing Overlay District and Plan for Development. A-4 TRANSITIONAL AGRICULTURE CLASSIFICATION. by a buffer meeting the requirements of this LDR. including the processing, packaging, storage and sale of agriculture products which

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