Palm Bay's New Land Use Code: What Residents Must Know

A Special Council Meeting to Address Growth, Parking, and Stormwater Management

Palm Bay, FL - August 1, 2024 - Palm Bay is on the cusp of a significant change. A special council meeting scheduled for August 8th at 6PM will see the first reading of a new Land Development Code, set to replace the existing code in its entirety. This overhaul aims to align the city's regulations with its 2045 Comprehensive Plan, a document that outlines the city's vision for growth and development over the next two decades.

This shift promises to shape the future of Palm Bay, potentially affecting everything from where you can park your car to the types of businesses that may pop up in your neighborhood.

What's Changing?

The proposed new Land Development Code, which will be presented as Title XVII, introduces a series of updates to existing regulations. These changes aim to address issues of:

• Growth Management: The new code intends to manage the city's growth by promoting planned development, encouraging infill development (using existing urbanized areas), and fostering a more walkable community.

• Transportation: A focus on traffic mitigation is evident in the new code, which emphasizes pedestrian and bicycle infrastructure, seeks to limit traffic congestion, and includes provisions for a fair-share impact fee system to fund transportation improvements.

• Environmental Protection: The new code emphasizes responsible stormwater management and the protection of natural resources like water bodies, wetlands, and existing tree canopy.

• Community Character: The revised code incorporates design guidelines for new buildings and development, promoting an aesthetically pleasing and cohesive community aesthetic.

The Impact on Residents:

While the overall impact of these changes is yet to be fully realized, some specific changes are likely to impact existing residents in tangible ways:

Parking Restrictions:

Get ready to re-evaluate your parking habits. The new code introduces a new Section 74.25, "Regulation of Vehicles in Residential Areas," aiming to curb the parking of large and commercial vehicles in residential neighborhoods. Here’s a breakdown of what’s permitted:

• Front Yard Parking: Parking in front of your residence is generally prohibited except:

  • Driveways: Two operable vehicles can be parked on the paved driveway or adjacent to it.

  • Side of Driveway: A maximum of two operable vehicles are allowed to park on the side of the driveway opposite the front door of the house.

• Rear Yard Parking: Parking in your rear yard is only allowed if the yard is enclosed by a 6-foot-tall opaque fence.

• Side Yard Parking: A maximum of two vehicles are permitted on the sides of your home. Vehicles may be parked on only one side or one on each side, but they cannot be parked on the front or rear sides of the property.

Golf Cart Regulations:

If you’re a golf cart enthusiast, the new Chapter 75, "Golf Carts," might require some adjustments to your driving habits. Here’s a summary:

• Designated Areas: Golf cart use is restricted to golf cart communities designated by the City Council and approved State highway crossings.

• Speed Limit: Golf carts may not be driven on streets or roads with speed limits exceeding 35 mph unless crossing at a controlled intersection.

• Sidewalks and Bike Paths: Golf carts are generally prohibited from using sidewalks and bike paths unless the City Engineer has specifically approved them for shared use.

• Equipment: Golf carts must be equipped with efficient brakes, a rearview mirror, safe tires, and red reflectorized warning devices in both the front and rear.

• Operating Hours: Golf carts are prohibited from operating between sunset and sunrise, unless equipped with headlights, brake lights, turn signals, and a windshield.

• Minors: Minors may not operate a golf cart unless accompanied by an adult and the cart has an operational horn.

• Passengers: Golf carts cannot carry more passengers than designed, and all passengers must be seated in designated areas.

Development Near Homes:

The new code aims to protect the character of existing residential neighborhoods by limiting the type and intensity of commercial development near homes.

• Buffers and Screening: New commercial developments located adjacent to residential zones may be required to implement landscaping, buffers, and opaque walls or fences to mitigate potential visual and noise impacts.

Stormwater Management: A Contentious Issue

The creation of a Stormwater Management Utility (Chapter 204) is likely to be a contentious issue for Palm Bay residents. This new utility will be responsible for the management, maintenance, and future improvements to the city’s stormwater system. However, this comes with the potential for new fees or adjustments to existing fees, which could impact your property taxes or utility bills.

The new code emphasizes responsible stormwater management, particularly to address concerns about increased runoff and pollution caused by development.

Here's what residents should be aware of:

• Increased Fees: The City Council will establish the fee structure for the new Stormwater Management Utility. This may involve changes to existing fees or the introduction of new fees, impacting how you pay for stormwater services.

• Impact on Development: The new code mandates stricter stormwater management practices for developers. This includes:

  • Direct Discharge Prohibited: Developers will be prohibited from directly channeling stormwater runoff into water bodies. Instead, runoff must be routed through swales and other structures designed to promote infiltration and remove pollutants.

  • Wet Detention Ponds: Wet detention ponds, designed to hold and treat stormwater, will become a more common requirement for new developments. This could impact the design and construction of new communities and influence the availability of land for development.

  • Dry Retention Areas: Dry retention facilities, designed to capture and infiltrate stormwater, will also be a requirement for new developments, potentially impacting site layouts.

The special council meeting on August 8th offers a chance for residents to voice their concerns and provide feedback on the new code before it is adopted. To stay informed on the new Land Development Code and the upcoming council meeting, be sure to visit The Palm Bayer. This will allow you to access detailed information on the proposed changes and contribute to the dialogue shaping Palm Bay's future.