Article 3
Overlays and Zoning Districts

CHAPTER A     GENERAL

Section 1         Districts

A.   Purpose and Intent

In order to ensure that all development in unincorporated PBC is consistent with the Plan, it is necessary to establish a series of districts and overlays to ensure that each use is compatible with surrounding uses, served by adequate public facilities, and sensitive to natural resources. Standard, PDD, and TDD Zoning Districts, and Overlays, where applicable, have been adopted to be in compliance with the Plan. Each district and overlay has its own purpose and permitted uses, Conditional Uses, special uses, and other regulations that control the use of land. All development within each district shall be consistent with the purposes stated in this Article. [Ord. 2011-016]

B.   Overlays and Zoning Districts

In order to carry out and implement the Plan, the following Overlays, Standard Zoning Districts, Planned Development Districts (PDDs), and Traditional Development Districts (TDDs) are hereby established. [Ord. 2011-016]

1.   Overlays

AGEO, Agricultural Enclave Overlay [Ord. 2011-016]

AZO, Airport Zoning Overlay

BRPO, Bioscience Research Protection Overlay [Ord. 2016-042]

COZ, Conditional Overlay Zone

GAO, Glades Area Overlay

IOZ, Indiantown Road Overlay

IRO, Infill Redevelopment Overlay [Ord. 2011-016]

LCSO, Lion Country Safari Overlay [Ord. 2016-042]

LOSTO, Lake Okeechobee Scenic Trail Overlay

NBOZ, Northlake Boulevard Overlay Zone

NEO, Native Ecosystem Overlay

PBIAO, Palm Beach International Airport Overlay

RTO, Research and Technology Overlay

SCGCFO, Sugar Cane Growers Cooperative of Florida Protection Area Overlay [Ord. 2004-040]

SR 80, Non-Residential Overlay

TAPO, Turnpike Aquifer Protection Overlay

URAO, Urban Redevelopment Area Overlay [Ord. 2011-016]

WCRAO, Westgate Community Redevelopment Agency Overlay

WCRO, Western Communities Residential Overlay [Ord. 2017-011]

2.   Standard Districts

AGR, Agricultural Reserve

AP, Agricultural Production

AR, Agricultural Residential

CC, Community Commercial

CG, General Commercial

CHO, Commercial High Office

CLO, Commercial Low Office

CN, Neighborhood Commercial

CRE, Commercial Recreation

IG, General Industrial

IL, Light Industrial

IPF, Institutional and Public Facilities

IR, Infill Redevelopment Overlay [Ord. 2011-016]

PC, Preservation Conservation

PO, Public Ownership

RE, Residential Estate

RM, Multifamily Residential

RS, Single Family Residential

RT, Residential Transitional

UC, Urban Center [Ord. 2011-016]

UI, Urban Infill [Ord. 2011-016]

3.   Planned Development Districts (PDDs)

MHPD, Mobile Home Planned Development

MUPD, Multiple Use Planned Development [Ord. 2021-023]

PIPD, Planned Industrial Park Development

PUD, Planned Unit Development

RVPD, Recreational Vehicle Planned Development

4.   Traditional Development Districts (TDDs)

TMD, Traditional Marketplace Development

TND, Traditional Neighborhood Development

TTD, Traditional Town Development

Section 2         Zoning Map and District Boundaries

A.   Establishment of Official Zoning Map

The location and boundaries of the districts established in this Article shall be set forth on the Official Zoning Map which is hereby incorporated by reference. A copy of the Official Zoning Map shall be located for inspection at all times by the general public during regular business hours in the office of PZB.

B.   Amendment to the Official Zoning Map

If amendments are made to the boundaries of the Official Zoning Map, the Zoning Director shall update the Official Zoning Map within 30 days after the amendment.

C.   Replacement of the Official Zoning Map

1.   Damage or Destruction

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret due to changes and additions, the BCC shall adopt a new Official Zoning Map that shall supersede the prior Official Zoning Map.

2.   Map Errors

The new Official Zoning Map may correct drafting and clerical errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map, or subsequent amendments thereto, without a duly noticed public hearing pursuant to the procedures and standards of this Code.

D.   Prior Approvals Corresponding to Current Districts

In order to promote ease of use and the consistent application of this Code, the Official Zoning Map may be updated administratively to delineate the Planned Development District that corresponds to certain prior approvals specified in Art. 3.A.3.E.2, Planned Development Districts. Updating the Official Zoning Map by delineating the current zoning category or terminology on a particular property is not a Rezoning and does not change the land development regulations that are applicable to a particular property. [Ord. 2012-003]

Section 3         Zoning District Consistency with the Future Land Use Atlas (FLUA)

A.   Purpose and Intent

A parcel’s zoning district shall be consistent with its Future Land Use (FLU) designation. Any request for a Development Order shall be reviewed to determine consistency with the requirements of this Section. Unless exempted otherwise, all applications for a Development Order shall be in a zoning district corresponding to the FLU designations indicated in the following Tables: [Ord. 2011-016]

1.   Standard Districts: Table 3.A.3.B, Future Land Use (FLU) Designations and Corresponding Standard Zoning Districts; or

2.   Planned Development Districts: Table 3.A.3.C, FLU Designation and Corresponding Planned Development Districts; or

3.   Traditional Development Districts: Table 3.A.3.D, TDD Corresponding Land Use.

B.   Standard Zoning Districts

Any application for a Rezoning to a Standard Zoning District shall correspond to a FLU designation indicated in the Table below. [Ord. 2021-023]

 

 

C.   Planned Development Districts (PDDs)

Any application for a Rezoning to a PDD shall correspond to a FLU designation indicated in the Table below. [Ord. 2011-016]

 

 

D.   Traditional Development Districts (TDDs)

Any application for a Rezoning to a TDD shall correspond to a FLU designation indicated in the Table below. [Ord. 2011-016]

 

 

E.   Exemptions/Applicability for Prior Approvals

Any application for a Development Order that requires Public Hearing approval, excluding Status Reports, EAC, Class B Conditional Uses, Type 2 Variances, and prior Special Exception or Conditional Use for a Planned Unit Development (PUD), are required to rezone. Other prior Special Exceptions for Planned Developments such as PCD, PCND, PGCD, POBP, or PID, are encouraged but not required to rezone when submitting an application for amendment to the prior approval. Any application for a Development Order to any of the prior approvals listed herein shall comply with the applicable requirements of the corresponding district, except for any information permitted to be carried forward from a prior approval. [Ord. 2011-016] [Ord. 2012-003] [Ord. 2013-021]

1.   Standard Districts

The following previously established zoning districts shall correspond to the current districts indicated: [Ord. 2011-016]

a.   The Specialized Agriculture (SA) district shall correspond to the AP district in the Glades Tier, the AGR district in the AGR Tier, and the AR district in the Rural Tier. Property with an SA district located in the Glades Area Protection Overlay (GAPO) shall be exempt from the Rezoning requirement. [Ord. 2011-016] [Ord. 2012-003]

b.   Rural Services (RSER) district shall correspond to the AR district. [Ord. 2011-016]

c.   Residential Transitional Suburban (RTS) district shall correspond to the RT district. [Ord. 2011-016]

d.   Residential Transitional Urban (RTU) district shall correspond to the RS district. [Ord. 2011-016]

e.   Multifamily Residential High Density (RH) district shall correspond to the RM district. [Ord. 2011-016]

f.    Specialized Commercial High (CSH) and Specialized Commercial (CS) districts shall correspond to the Commercial High Office (CHO) district. [Ord. 2011-016]

2.   Planned Development Districts

The following previous approvals shall correspond to the current districts indicated: [Ord. 2011-016]

a.   Special Exceptions for PUDs shall correspond to a PUD. [Ord. 2011-016]

b.   Special Exceptions for Large Scale Community or Regional Shopping Centers (30,000 square feet or 50,000 square feet of total floor area or more), Planned Commercial Developments (PCDs), Planned Neighborhood Commercial Developments (PNCDs), Planned General Commercial Developments (PGCDs), Mixed Use Planned Developments (MXPDs), and Planned Office Business Parks (POBPs) shall correspond to an MUPD. [Ord. 2011-016] [Ord. 2018-018] [Ord. 2021-023]

c.   Special Exceptions for Planned Industrial Developments (PIDs) shall correspond to IL or IG Zoning District of the subdivision. [Ord. 2018-018]

d.   Special Exceptions for PIPDs shall correspond to a PIPD. [Ord. 2011-016]

e.   Special Exceptions for MHPDs shall correspond to an MHPD. [Ord. 2011-016]

f.    Special Exceptions for RVPDs shall correspond to an RVPD. [Ord. 2011-016]

g.   Any of the above where approved as a Conditional Use approval as opposed to a Special Exception. [Ord. 2011-016]

CHAPTER B     OVERLAYS

Section 1         General

A.   Boundaries

The boundaries of each overlay shall be depicted on the Official Zoning Map.

B.   Applicability

The provisions of each overlay shall apply to all proposed development and expansion of existing uses within the overlay unless otherwise noted below.

C.   Relationship to Other Regulations in this Code

The provisions of an overlay are intended to supplement the other regulations in this Code.

D.   Conflict with Other Applicable Regulations

If a conflict exists between provisions of an overlay and other Articles in this Code, the provisions of the overlay shall prevail except where superseded by State or Federal laws.

Section 2         AZO, Airport Zoning Overlay

A.   Purpose and Intent

The purpose and intent of the Airport zoning regulations is to promote the maximum safety of aircraft using publicly-owned airports, the safety of residents and property in areas surrounding the airports, and the full utility of the airports, including non-airport related uses. These regulations apply to properties around publicly-owned airports in PBC; and uses located on the Airport Master Plans required by Plan Objective TE 1.7. [Ord. 2006-036]

B.   Applicability

1.   Off-Airport Uses

For those properties around publicly-owned airports, the provisions of the Airport zoning regulations create zones, based on the approach and departure pattern of aircraft, and regulate the height of structures and the use of land within these zones. The Airport zoning regulations for properties around publicly-owned airports are contained in Art. 16, Airport Regulations. [Ord. 2006-036]

2.   Uses on Airport Properties

The provisions of this Section shall apply to airport-related and non-airport related uses within the boundaries of the Airport Master Plans for those parcels with a U/T Land Use designation and in the PO district for the four County-operated airports identified as follows: PBIA, PBC Glades Airport, PBC Park Airport (a.k.a. Lantana Airport), and North Palm Beach County General Aviation Airport. Development of these airports shall be in accordance with the Airport Master Plans as required by Plan Objective TE 1.7, Future Airport Expansion. [Ord. 2006-036]

a.   Use Regulations

1)   Airport-Related Uses

Airport-related uses are directly related to general airport operations and maintenance including, but not limited to, maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, airport administrative offices, and communication facilities, as well as uses found within the terminals, including, but not limited to, restaurants, general retail sales, and personal services. [Ord. 2006-036]

2)   Non-Airport Related Uses

Non-airport related uses are not related to the operation and maintenance of the airport, and can coexist in close physical proximity to airports and their related facilities. Non-airport related uses are additional uses that are encouraged by the Federal Aviation Administration (FAA) to generate income to help offset the costs of operating the airport and are compatible with surrounding development. These uses may include, but are not limited to, commercial, public, and civic, recreation, agricultural, utilities and excavation, and industrial uses, but more specifically including, but not limited to, professional, business, and medical offices, retail centers, restaurants, and hotels. [Ord. 2006-036]

3)   Prohibited Uses

Prohibited uses include Adult Entertainment and billboards. [Ord. 2006-036] [Ord. 2009-040]

4)   Specific Use Regulations

The following uses are permitted in the AZO on airport properties: [Ord. 2006-036]

 

 

 

 

5)   Development Review Procedures

The approval process for airport-related and non-airport related uses shall be in accordance with the above Table 3.B.2.B, Airport Use Regulations and Art. 2, Application Processes and Procedures. It is not necessary for the parcels to be rezoned. [Ord. 2006-036]

a)   Development Requirements

Only airport-related uses owned, operated, or directly regulated by the DOA or other governmental entity shall be eligible for PO district exemptions. Examples of these uses include tenants leasing space in airport terminal or other related service facilities. Leased land areas used for non-airport related development, including vehicle rental, restaurants, hotels, and other non-airport related uses, shall be subject to applicable ULDC requirements. [Ord. 2006-036]

b)   Development Exceeding PDD or TDD Design Thresholds

Any such development that meets or exceeds the maximum square footage thresholds of Table 3.B.2.B, PDD or TDD Design Thresholds, shall be subject to either the property development regulations of a PDD or TDD. The DOA shall be responsible for determining which specific PDD or TDD shall apply. It is not necessary for the parcels to be rezoned. [Ord. 2006-036]

 

 

c)   Other Development

All other development shall be in accordance with the property development regulations for the corresponding zoning districts indicated in Table 3.B.2.B, Airport Use Regulations. [Ord. 2006-036]

d)   Other Requirements

All proposed airport-related and non-airport related uses must be developed in accordance with all applicable Federal and State guidelines, regulations, and requirements, as amended, including but not limited to all Federal Aviation Regulations (F.A.R.s), FAA Advisory Circulars, and FAA Orders, as well as all applicable Florida Statutes and Florida Department of Transportation guidelines. [Ord. 2006-036]

e)   Conflict with Other Applicable Regulations

Where the provisions of this Section are in conflict with other regulations applicable to this district, the provisions of this Section shall prevail. Where provisions of the AZO district are not in conflict with other applicable regulations, the most restrictive regulations shall prevail. [Ord. 2006-036]

Section 3         COZ, Conditional Overlay Zone

A.   Purpose and Intent

A COZ district is to modify or restrict the use and site development regulations authorized in the underlying Standard Zoning District to prevent, minimize, or mitigate adverse impacts upon the surrounding land uses. Conditions shall be included if the applicable regulations are inadequate to protect the surrounding land uses. Requirements of the COZ district are in addition to and supplement other applicable requirements of this Code. [Ord. 2008-037]

B.   Boundaries

The boundary of the COZ is applied to the property considered for Rezoning. [Ord. 2008-037]

C.   Applicability

The provisions of the COZ shall apply to lands in unincorporated PBC pursuant to BCC approval. In application of the COZ, the BCC shall find that the proposed Rezoning is appropriate only if the applicable regulations are modified. The BCC shall find one or more of the following reasons for the COZ district: [Ord. 2008-037]

1.   potential impact to surrounding land uses requires mitigation;

2.   compatibility will be furthered between the requested zoning district and adjacent zones if uses and property development regulations (PDRs) are modified; and/or,

3.   intensity limits reflect available capacity of public facilities.

D.   District Regulations

Restrictions which may be imposed in the COZ district include: limitations on uses, size, height, bulk, mass, scale, and location of improvements; standards for landscaping, buffering, and lighting; adequate ingress and egress; on-site or off-site improvements; hours of operation; and, any other specific site development regulations required or authorized by this Code.

E.   COZ

1.   Process

During the Zoning review process, the Property Owner shall either: [Ord. 2008-037]

a.   apply for a COZ overlay; or [Ord. 2008-037]

b.   voluntarily agree to a COZ overlay recommended by Staff for the property being considered for Rezoning. [Ord. 2008-037]

2.   Authority

The COZ authorizes specific development restrictions, including but not limited to, traffic performance standards, use limitations, etc. to proactively address potential incompatibilities with the adjacent properties. The BCC may impose Conditions of Approval to address these restrictions. [Ord. 2008-037]

3.   Exception

In the case when a Rezoning is requested or required to maintain consistency with the Comprehensive Plan or any conditions to a Site Specific Plan amendment initiated by the Planning Division, consent of the Property Owner(s) or agreement with the COZ shall not be required. [Ord. 2008-037]

Section 4         GAO, Glades Area Overlay

A.   Purpose and Intent

The GAO is established to promote economic diversification in the Glades Area and facilitate development or redevelopment opportunities emanating from the U.S. Department of Housing and Urban Development Community Challenge Planning Grant Glades Region Master Plan (GRMP). The GAO provides flexibility or streamlined procedures for obtaining development approvals, critical to ensuring a timely response to development or redevelopment opportunities that may increase job opportunities and improve the economic vitality of the area. In addition, the GAO may include regulations that recognize the character of the area. [Ord. 2014-025] [Ord. 2016-016]

B.   Applicability

The GAO shall apply to all land within the Urban Service Area (USA) of the Glades Tier. All Development Orders within the GAO shall also comply with all applicable Joint Planning Area Agreements, pursuant to Florida Statutes. [Ord. 2014-025] [Ord. 2016-016]

C.   Boundaries

The boundaries of the GAO coincide with the USA in the Glades Tier, which is delineated on Comprehensive Plan Map LU 2.1, Service Areas, and is generally comprised of those lands lying near or around the Cities of Belle Glade, Pahokee, and South Bay, and the unincorporated community of Canal Point. [Ord. 2005-002] [Ord. 2014-025]

1.   Tier Requirements

The Urban/Suburban Tier requirements of the ULDC shall apply. [Ord. 2014-025]

D.   Approval Process

1.   DRO and BCC Thresholds

The density, intensity, and acreage thresholds of Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, shall be multiplied by two within the GAO. [Ord. 2016-016] [Ord. 2018-002]

2.   Administrative Approvals

a.   General

Uses shown in a Use Matrix as Permitted by Right (P), or Development Review Officer (DRO) shall remain subject to the same approval process shown in the Use Matrix. [Ord. 2014-025]

b.   Conditional Uses

Uses allowed as Conditional Uses in a non-residential zoning district and Cottage Homes may be approved by the DRO after compliance with Art. 2.B.7.B.2, Standards. [Ord. 2016-016] [Ord. 2018-002] [Ord. 2019-034]

c.   Non-Conformities

1)   Non-Conforming Use

A non-conforming use permitted to expand subject to DRO approval may be expanded through the ZAR process. [Ord. 2006-036] [Ord. 2014-025] [Ord. 2016-016] [Ord. 2018-002]

2)   Permitted Uses and Uses Subject to DRO Approval within Non-Conforming Structures

Uses Permitted by Right and uses subject to DRO approval may exceed the allowable percentages of Table 1.F.1.G, Non-Conformities – Percentage and Approval Process for Maintenance, Renovation, and Natural Disaster Damage Repair, provided all the standards below are met: [Ord. 2016-016]

a)   Exterior Building and Site Elements Improvements

A minimum 25 percent of the total maintenance, renovation, or natural disaster damage repair improvement value shall be dedicated to exterior building and site elements. Of that percentage, a minimum of ten percent shall be dedicated to façade improvements abutting the R-O-W (frontage and side street frontages) and a minimum ten percent shall be dedicated to landscape improvements; [Ord. 2016-016]

b)   Limitation

The total maintenance, renovation, or natural disaster damage repair improvements for the proposed use(s) may be allowed only if the proposed improvements will not cause an increase in building square footage or generate additional parking, unless the additional parking requirements or design is required to bring the site into compliance with the ULDC to the greatest extent possible; and, [Ord. 2016-016]

c)   Certification of Improvements

The detailed Justification Statement of compliance to the above standards and calculations of the improvements, including the total improvement value for the project, shall be signed and sealed by the architect of record for the project, and shall be reviewed and certified by the Zoning Division Permit Review Section for compliance with this Section prior to submittal to the Building Division. [Ord. 2016-016]

d)   Exceptions for Glades Area Housing Authorities

The following developments shall be exempt from limits on maintenance, renovations, and natural disaster damage repairs for conforming residential, administrative, recreational, or maintenance uses in non-conforming structures, provided that any addition or expansion is in compliance with the ULDC: [Ord. 2016-016]

(1)  Pahokee Housing Authority, Padgett Island, and Fremd Village developments. [Ord. 2016-016]

(2)  Belle Glade Housing Authority, Everglades, and Osceola developments. [Ord. 2016-016]

3.   Public Hearing Approvals

a.   Prohibited Uses in Non-Residential Districts

Uses not otherwise permitted in a non-residential zoning district may be approved as a Class A Conditional Use provided the BCC makes a finding that the proposed use meets the following: [Ord. 2014-025] [Ord. 2016-016] [Ord. 2018-002]

1)   Increases jobs or provides needed housing; [Ord. 2016-016]

2)   Does not adversely affect adjacent land uses; and, [Ord. 2016-016]

3)   Helps to support existing or encourage additional Glades Area economic development or the GRMP. [Ord. 2016-016]

E.   Property Development Regulations (PDRs) – Exceptions

1.   Density and Intensity – Conditional Use Approval

The BCC may consider an increase in the density and intensity allowed by the Plan within the GAO subject to approval of a Conditional Use. [Ord. 2014-025] [Ord. 2018-002] [Ord. 2019-005]

2.   Location of Structures

Building Permits in the GAO may be permitted between the 120-foot and 220-foot R-O-W line within the R-O-W of State Road 700 through Canal Point, from Third Street on the north to Triangle Park on the east, subject to approval of the County Engineer. [Ord. 2014-025]

F.   Planned Industrial Park Development (PIPD)

1.   Development Standard Exceptions

Planned Industrial Park Developments (PIPDs) located in the GAO shall be subject to the following exception provisions: [Ord. 2014-025]

a.   Public Street

For the purposes of this Section, a public street within a PIPD shall not include private streets that comply with the following: [Ord. 2014-024]

1)   Located within or adjacent to an Industrial Pod; and [Ord. 2014-025]

2)   Services industrial uses only. [Ord. 2014-025]

b.   Minimum Frontage

The PIPD is not required to have minimum frontage on an Arterial or Collector Street but at a minimum must connect to an Arterial or Collector Street through a Non-Plan Collector Roadway, subject to approval of the Zoning Director and County Engineer. [Ord. 2014-025]

c.   Maximum Commercial Acreage – Conditional Use Approval

The BCC may consider an increase in the maximum commercial acreage allowed pursuant to Table 3.E.5.C, PIPD Land Use Mix, subject to approval of a Conditional Use; and upon finding that the increase will serve the projected workforce and residential population of the PIPD, and encourage internal automobile trip capture. [Ord. 2014-025] [Ord. 2018-002]

d.   Architectural Review

Industrial buildings visible from a public street or residential zoning district may be exempt from the Roofline, Façade, and Additional Design Elements of Art. 5.C.1.H, Guidelines, if the adjacent perimeter R-O-W or Incompatibility Buffer is doubled in width and planting requirements, and upon demonstration by line of sight that the majority of the affected area of the building will be screened by the increased buffering. For those parcels that use this exemption, only that portion of the building façade with the main public and employee entrances, and extending along the façade a minimum of 100 feet in each direction from each entrance, including around corners, unless interfering with a loading area/space/dock/bay, are subject to the provisions of Art. 5.C.1.H, Guidelines. If the distance between entry treatments is less than ten percent of the overall length of the building façade, the treatment shall be extended. [Ord. 2014-025]

e.   Parking and Loading in Industrial Pods

1)   Loading Area Screening

Loading spaces, docks, and associated maneuvering areas not visible from a public street are exempt from screening requirements of Art. 6.E.4.A.3.b, Loading Area Screening. [Ord. 2014-025] [Ord. 2020-020]

f.    Landscaping in Industrial Pods

1)   Foundation Planting

Industrial buildings visible from a public street or residential zoning district may be exempt from the foundation planting requirements of Art. 7.C.3.B, Foundation Planting if the adjacent perimeter R-O-W or Incompatibility Buffer is increased in width by eight feet and the foundation planting requirements are relocated to the buffer. For those parcels that use this exemption, only that portion of the building façade with the main public and employee entrances, and extending along the façade a minimum of 100 feet in each direction from each entrance, including around corners, unless interfering with a loading area/space/dock/bay, are subject to the provisions. If the distance between foundation planting treatments is less than ten percent of the overall length of the building façade, the treatment shall be extended. If the Architectural Review exemption in Art. 3.B.4.F.1.d, Architectural Review is utilized, the additional buffer width and planting is not required to utilize the foundation planting exemption. [Ord. 2014-025]

2)   Interior Landscaping Exceptions

a)   Interior Tree and Shrub Requirements

(1)  One tree per 4,000 square feet; and [Ord. 2014-025]

(2)  Three shrubs per 4,000 square feet. [Ord. 2014-025]

b)   Interior vehicular use areas not used for parking of passenger vehicles are not required to provide landscape islands. [Ord. 2014-025] [Ord. 2018-002]

c)   Perimeter Compatibility Buffers are not required between parcels supporting compatible industrial uses. Where fences or walls are installed along the perimeter, they shall be protected from vehicles by a curb or similar barrier, and shall not encroach into the drive aisle (excluding gates) or impede vehicular circulation. [Ord. 2014-025]

2.   Type 1 Waivers for Industrial Pods

An Applicant may apply for Waivers for development standards within an Industrial Pod in accordance with Art. 2.C.5.F, Type 1 Waiver. Applications for Type 1 Waivers shall be expressly limited to the requirements listed below: [Ord. 2014-025]

 

 

 

Section 5         IOZ, Indiantown Road Overlay

A.   Purpose and Intent

The IOZ is intended to implement the site development regulations of uses within the established Indiantown Road Corridor Study Area pursuant to the interlocal agreement that has been adopted between PBC and the Town of Jupiter. The Town has adopted the IOZ pursuant to the recommendation of the Indiantown Road Corridor Study (IRCS) and F.S. ch. 163, pt. II.

 

The purpose of the IOZ is to protect residential neighborhoods, limit uses, improve the overall aesthetics of the Indiantown Road Corridor Study Area, and establish development incentives to accomplish the various objectives of the corridor study.

 

Through the interlocal agreement the Town and PBC shall provide for a means of intergovernmental cooperation in implementing the IOZ standards throughout all appropriate incorporated and unincorporated portions of the Indiantown Road corridor and in accordance with F.S. ch. 163, pt. IV. The Town and PBC agree to use a joint review process to advance the public health, safety, and general welfare and adopt procedures for the joint administration of land development regulations.

B.   Applicability

The provisions of the IOZ district and the Indiantown Road Corridor Study Area, incorporated by reference, shall apply to all proposed Development Order applications within the boundaries of the IOZ district, except for applications for Variances.

C.   Boundaries

The IOZ generally is located along incorporated portions of Indiantown Road east of I-95 and west of the Atlantic Ocean, including certain portions of U.S. Highway One, Military Trail, Center Street, Maplewood Drive, and Central Boulevard, and certain unincorporated portions of the Indiantown Road corridor east of I-95. Unincorporated portions of the Indiantown Road corridor include portions of Section 3, Township 41, Range 42 as indicated on the Official Zoning Map.

D.   Additional Regulations

The IOZ district regulations are contained in the interlocal agreement.

E.   Joint Review Process

Development approval submitted to the PZB located within the unincorporated IOZ shall be reviewed by the Town of Jupiter. The review process shall be provided for in the adopted interlocal agreement.

 

The Town and PBC are specifically granted authority to jointly plan for unincorporated areas adjacent to incorporated municipalities and to adopt procedures for the joint administration of land development regulations.

Section 6         LOSTO, Lake Okeechobee Scenic Trail Overlay

A.   Purpose and Intent

The LOSTO is to encourage nature and heritage based tourist related uses, such as lodging, restaurants, and trail outfitters, around the Herbert Hoover Dike to facilitate development of the Lake Okeechobee Scenic Trail. The LOSTO is also intended to provide flexibility in the range of uses and land development regulations allowed in the underlying districts within its boundaries.

B.   Boundaries

The LOSTO includes the area located between the Herbert Hoover Dike and 250 feet south of U.S. Highway 27, or between the Herbert Hoover Dike and 250 feet east of Conners Highway as depicted on the Official Zoning Map.

C.   Use Regulations

Uses Permitted by Right in the underlying district are Permitted by Right in the LOSTO. In addition, the following uses shall be permitted subject to Art. 4.B, Use Classification: [Ord. 2017-007]

1.   Bed and Breakfast; [Ord. 2017-007]

2.   Camping Cabin; [Ord. 2017-007]

3.   Catering Service; [Ord. 2017-007]

4.   Office, Business or Professional; [Ord. 2017-007]

 

Within the LOSTO, an office limited to a maximum of 1,500 square feet of GFA and for the sole purpose of arranging nature or heritage based activities, such as bicycle tours and bus tours to natural, agricultural, or historic points of interest of the area, shall be allowed subject to ZAR process. [Ord. 2017-007] [Ord. 2018-002]

5.   Restaurant, Specialty; [Ord. 2017-007]

6.   Retail Sales; [Ord. 2017-007]

 

Additional standards for Retail Sales shall be limited to specialty shops selling merchandise such as hand-crafted items, nature books, prepackaged meals, snacks, and non-alcoholic beverages for consumption off the premises, hiking supplies such as backpacks and walking sticks, and outfitters renting equipment for recreational use including bicycles, skates, canoes, and kayaks and 3,000 square feet of total floor area shall be allowed subject to ZAR process. [Ord. 2017-007] [Ord. 2018-002]

7.   Stable, Commercial. [Ord. 2017-007]

Section 7         NEO, Native Ecosystem Overlay

A.   Purpose and Intent

A NEO is to ensure the protection of environmentally sensitive lands in unincorporated PBC, while ensuring development options by permitting flexibility in development regulations.

B.   Boundaries

The NEO shall include the following lands within its boundaries.

1.   Environmentally Sensitive Lands (ESL)

Lands as defined in Art. 14.C, Vegetation Preservation and Protection.

2.   Other “A” Quality Ecosystems

Lands identified as “A” Quality Ecosystems in the Plan, Conservation Element, Policy 2-a and LU Element, Policy 1-d.

3.   25 Percent Set-Aside Areas

Areas required to be set aside by Art. 14.C, Vegetation Preservation and Protection.

4.   Water Resources Protection Areas

Lands that have a high potential for water resources protection, such as aquifer recharge areas and present and potential wellfield areas.

C.   Use Regulations

In the NEO district, the use regulations shall be the same as the underlying district.

D.   Property Development Regulations (PDRs)

The development of lands within the NEO shall be subject to the PDRs of the underlying district, except that the following PDRs may be modified by the Zoning Director upon a written request up to the maximum allowed deviations below.

1.   On-Site Parking

On-site parking standards may be reduced by up to a maximum of 30 percent if:

a.   Environmentally Sensitive Lands (ESL)

A development permitted by the underlying district cannot be feasibly designed with the required on-site parking spaces, because of the location of ESL, the 25 percent set aside on the subject property, or water resource protection areas.

b.   Alternative Plan

An alternative plan of development is prepared for the property that provides the maximum number of on-site parking spaces that are feasible, with a total impervious surface area design that does not exceed 50 percent of the lot coverage requirement, while ensuring the proposed development is not disruptive to ESL, lands set aside pursuant to the 25 percent set-aside requirement, or the alternative plan of development shall be consistent with the purpose and intent of the NEO district water resource protection areas.

2.   Density and Intensity

The calculation of maximum density or lot coverage shall be based on gross lot area.

3.   Setbacks and On-Site Loading

Setbacks and on-site loading requirements may be modified providing the following standards are met:

a.   ESL

A development permitted by the underlying district cannot be feasibly designed with the required setbacks and on-site loading space because of the location of ESL, the 25 percent set aside on the subject property, or water resource protection areas; and

b.   Alternative Plan

1)   On-Site Loading

An alternative plan of development is prepared for the property with a total impervious surface area not exceeding 65 percent of the maximum building coverage requirements, while ensuring that the proposed development is not disruptive to ESL, the 25 percent set-aside requirement, or water resource protection areas; and

2)   Setbacks

An alternative plan of development is prepared for the property that complies to the greatest extent practicable, as determined by Staff, with the setback requirements, while ensuring the proposed development is not disruptive to ESL, lands set aside pursuant to the 25 percent set-aside requirement, or water resource protection areas. The alternative plan of development shall be consistent with the purpose and intent of the NEO district.

4.   Height

Height restrictions may be modified to implement the permitted FAR or building coverage if the building coverage does not exceed 60 percent of that otherwise allowed by the underlying district, and the total impervious surface area does not exceed 65 percent of the maximum building coverage requirement.

5.   Lighting

All exterior lighting shall be shielded and directed away from native vegetation.

Section 8         NBOZ, Northlake Boulevard Overlay Zone

A.   Purpose and Intent

The purpose and intent of the NBOZ is to encourage improvement, enhancement, renovation, and/or redevelopment of the Northlake Boulevard corridor and to provide criteria by which to review development/redevelopment within the Overlay Zoning District. The criteria outlined in “Design Guidelines: Northlake Boulevard Overlay Zoning District (NBOZ)” will serve to unify commercial development along the corridor and provide a positive collective identity for the corridor. These regulations were prepared under the guidance of the Northlake Boulevard Corridor Task Force (NBCTF)—an intergovernmental task force created by interlocal agreement composed of two representatives each from PBC, the Town of Lake Park, the Village of North Palm Beach, and the City of Palm Beach Gardens. [Ord. 2011-016]

B.   Applicability

The provisions of the NBOZ, as outlined in “Design Guidelines: Northlake Boulevard Overlay Zoning District (NBOZ)” prepared by Michael Redd & Associates, and dated March 11, 2002, which are incorporated herein by reference, shall apply to all proposed Development Order applications within the boundaries of the NBOZ, as described in Art. 3.B.8.C, Boundaries.

C.   Boundaries

The NBOZ includes the public R-O-W for Northlake Boulevard and all properties along Northlake Boulevard from Military Trail to U.S. Highway One for one property depth north and south of Northlake Boulevard, including the street intersection properties at U.S. Highway One and at Military Trail. Unincorporated portions of the NBOZ include portions of Section 18, Township 42, Range 43; Section 17, Township 42, Range 43; Section 24, Township 42, Range 42; and, Section 19, Township 42, Range 43, as indicated on the Official Zoning Map.

D.   Conflict

In the event of a conflict between the NBOZ and other applicable regulations, the more restrictive regulation shall prevail.

E.   Type 1 Waivers for NBOZ Design Guidelines

An Applicant may apply for Type 1 Waivers for development standards contained within the NBOZ Design Guidelines in accordance with Art. 2.C.5.F, Type 1 Waiver. Applications for Type 1 Waivers shall be expressly limited to Sections listed in Table 3.B.8.E, Type 1 Waivers for NBOZ Design Guidelines. Type 1 Waiver requests shall be submitted concurrently with any other DRO application request for Public Hearing certification, where applicable. [Ord. 2016-016]

 

 

Section 9         PBIAO, Palm Beach International Airport Overlay

A.   Purpose and Intent

The PBIAO recognizes that some airplane noise-affected lands surrounding the PBIA are most suitable for campus-style industrial development, and other quality non-residential land uses, as described in Art. 16, Airport Regulations. The purposes of the PBIAO district, therefore, are as follows: [Ord. 2004-051]

1.   to protect neighborhoods surrounding the PBIA from incompatible land development; [Ord. 2004-051]

2.   to protect airport operations from incompatible land development, and provide development regulations that will assure safe, unobstructed access for all aircraft that enter and exit the airport; [Ord. 2004-051]

3.   to allow Property Owners to initiate conversion to industrial use where appropriate; and, [Ord. 2004-051]

4.   to allow Property Owner participation in the land use decision-making process. [Ord. 2004-051]

B.   Applicability

Nothing herein shall require modification of an existing use, except as provided below. [Ord. 2004-051]

C.   Boundaries

The PBIAO district consists of those lands in unincorporated PBC bounded by Belvedere Road on the north, Southern Boulevard on the south, PBIA on the east, and Florida’s Turnpike on the west, except for incorporated municipal areas. [Ord. 2004-051]

D.   Uses

All development within the PBIAO district shall be compatible with airport operations, as determined by the BCC, using the standards established in the Plan and Art. 16, Airport Regulations. [Ord. 2004-051]

1.   Permitted Uses

All residential, commercial, and industrial uses Permitted by Right in the underlying district shall be permitted in the PBIAO district. [Ord. 2004-051]

2.   Prohibited Uses

Adult Entertainment establishments, bulk storage of gas and oil, and outdoor retail sales (other than greenhouses, shade houses, or nurseries) shall be prohibited in the PBIAO district. [Ord. 2004-051] [Ord. 2009-040]

3.   Conditional Uses

All uses allowed as Conditional Uses in the underlying district, shall be permitted in the PBIAO district after compliance with the Conditional Use regulations. [Ord. 2004-051]

4.   Administrative Approval

All uses that are subject to the Administrative Approval process in the underlying district shall be allowed in the PBIAO after compliance with applicable Code requirements. [Ord. 2004-051] [Ord. 2018-002]

5.   Non-Conforming Uses

a.   Existing Residential Uses

All residential uses that existed within the PBIAO on the date that the PBIAO provisions were adopted shall be considered conforming uses. [Ord. 2004-051] [Ord. 2017-007]

b.   Existing Non-Residential Uses

Commercial uses that existed within the PBIAO on the date that the PBIAO provisions were adopted and that meet the provisions of this Section shall be classified as conforming uses. Commercial uses that existed within the PBIAO on the date that the PBIAO provisions were adopted, but do not meet the provisions of this Section, shall be classified as non-conforming uses. [Ord. 2004-051]

E.   Review Procedures

All development requests within the PBIAO shall comply with the following: [Ord. 2004-051]

1.   Industrial Rezoning in Residential FLUA Designations

Land shall be eligible for Rezoning to the IL district or PIPD district, regardless of FLUA designation, except in non-conversion areas described below. Industrial development using either zoning district shall be in the form of a PIPD or campus-like industrial development. Notwithstanding the provisions of Art. 2.B, Public Hearing Processes, every application for industrial Rezoning within the boundaries of the PBIAO district, shall comply with the following: [Ord. 2004-051] [Ord. 2012-027]

a.   Non-Conversion Areas

1)   Areas designated as Parks and Recreation on the FLUA shall remain as such. [Ord. 2004-051]

2)   The following areas shall be limited to the uses permitted in the residential FLU designation and the applicable residential zoning district: [Ord. 2004-051]

a)   Timber Run subdivision; [Ord. 2004-051]

b)   Lake Belvedere Estates subdivision; [Ord. 2004-051]

c)   Overbrook subdivision; and, [Ord. 2004-051]

d)   The area defined by the following boundaries beginning at Wallis and Jog Roads. [Ord. 2004-051]

(1)  Western boundary: Jog Road between Wallis Road and Belvedere Road; [Ord. 2004-051]

(2)  Northern boundary: Belvedere Road between Jog Road and the Timber Run subdivision; [Ord. 2004-051]

(3)  Eastern boundary: The western limits of the Timber Run subdivision and the Royal Palm Estates subdivision; [Ord. 2004-051]

(4)  Southern boundary: Southern Boulevard extending to the western side of Sunbeam Avenue; [Ord. 2004-051]

(5)  Southwestern boundary: Sunbeam Avenue between Southern Boulevard and Wallis Road. [Ord. 2004-051]

b.   Rezoning Criteria

Lands may be rezoned to the IL district, except for those areas described as non-conversion areas, provided one of the following conditions are met: [Ord. 2004-051]

1)   Lands that support existing residential development or that have a Development Order for residential development may be rezoned to the IL or PIPD district, if they: [Ord. 2004-051] [Ord. 2010-022]

a)   are at least five acres; and [Ord. 2004-051]

b)   abut a R-O-W identified on the County’s Thoroughfare Identification Map; or [Ord. 2004-051]

c)   are at least ten acres; and [Ord. 2004-051]

d)   do not abut a R-O-W identified on the County’s Thoroughfare Identification Map; or [Ord. 2004-051]

2)   Lands that are currently vacant or do not have a Development Order may be rezoned to the IL or PIPD district provided the parcel is contiguous on no more than two sides to existing residential development and they: [Ord. 2004-051] [Ord. 2010-022]

a)   are at least five acres; and [Ord. 2004-051]

b)   abut a R-O-W identified on the County’s Thoroughfare Identification Map; or [Ord. 2004-051]

c)   are at least ten acres; and [Ord. 2004-051]

d)   do not abut a R-O-W identified on the County’s Thoroughfare Identification Map, or [Ord. 2004-051]

3)   Lands within the PBIAO that are bounded by Southern Boulevard on the south, the L-4 Canal on the north, Military Trail on the east, and the western boundary of the Royal Palm Estates subdivision on the west, shall only be allowed to have residential uses converted to industrial uses subject to the following: [Ord. 2004-051]

a)   All new industrial uses shall be developed as a PIPD; and [Ord. 2004-051]

b)   All new PIPDs shall be a minimum size of 25 acres; and [Ord. 2004-051]

c)   The following uses shall be prohibited: salvage junk yards, machine or welding shops, hazardous waste facilities, solid waste facilities, bulk storage facilities, transportation and multi-modal facilities, large-scale repair and heavy equipment repair and service facilities, petroleum and coal-derivations-manufacturing and storage facilities, heliports, helipads, airstrips, hangers, and accessory facilities, and Type 3 Excavation. [Ord. 2004-051] [Ord. 2017-007]

4)   Lands located in the transitional area on the west side of Jog Road and continuing along and adjacent to the north and south sides of Alexander and Bishoff Roads shall require a minimum lot size of one acre to be rezoned. [Ord. 2004-051]

2.   Commercial Rezoning

An application for commercial zoning of land within the overlay cannot be submitted unless the land is designated commercial on the FLUA. [Ord. 2004-051]

3.   Notification

If vacant land within the overlay is developed as residential, the developer shall provide notification to Property Owners within the new residential areas, that they are located within the PBIAO, and may experience some airport-related noise. [Ord. 2020-020]

a.   The developer shall include a disclosure statement in all Property Owners’ Association documents, as well as, but not limited to written sales brochures, sales contracts, Master Plans, and related Site or Subdivision Plans, notifying prospective residents that the community is within the PBIAO. [Ord. 2020-020]

b.   The disclosure shall state that the residence is located within the Palm Beach International Airport Overlay and will be subject to aircraft noise at varying levels, vibrations, odors, fumes, and other impacts from the aircraft operations conducted at the airport or within the vicinity. It shall be in a prominent location within each document described above with a bold font no less than nine point. [Ord. 2020-020]

c.   The developer shall provide documentation evidence of compliance with the notification requirements on an annual basis to the Planning and Development Division of the Department of Airports, until all units within the development have been sold or the Property Owner turns over control to the Property Owners’ Association. [Ord. 2020-020]

F.   Property Development Regulations (PDRs)

Applications shall comply with the PDRs of the underlying districts except as follows. [Ord. 2004-051]

1.   Lot Dimensions, Yard Setbacks, and Building Height

Setbacks and lot dimensions for commercial and industrial development shall comply with the PDRs in Art. 3.D, Property Development Regulations (PDRs), unless modified herein. [Ord. 2004-051]

a.   Lot Size

The minimum lot size shall be one acre unless a Legal Lot of Record pursuant to Art. 11.A.8.B, Legal Lots of Record. [Ord. 2004-051] [Ord. 2008-037]

b.   Setbacks

The minimum building setbacks shall be as follows: [Ord. 2004-051]

1)   No rear setbacks shall be required where an industrial lot abuts an existing or proposed railroad R-O-W or spur. [Ord. 2004-051]

2)   Setbacks from all other property lines shall be required according to Table 3.B.9.F, PBIAO Setbacks. [Ord. 2004-051]

 

 

c.   Height

1)   Maximum Height for Industrial and Commercial Development

When adjacent to an existing residential use, building height shall be limited to a maximum of 35 feet. The building height may be increased provided that two feet is added to all setbacks for each foot of building height above 35 feet. [Ord. 2004-051]

2.   Commercial Vehicle Parking and Loading

No truck, or tractor-trailer parking or loading shall be permitted closer than 75 feet to the lot lines abutting a residential district (inclusive of the buffer), unless the area is designated as display parking as permitted by Art. 4.B, Use Classification. [Ord. 2004-051]

3.   Lighting

In addition to the standards of Art. 5.E.4.E, Outdoor Lighting, and Art. 16, Airport Regulations, lighting within the PBIAO shall comply with the following: [Ord. 2004-051] [Ord. 2020-020]

a.   Rooftop lighting shall be permitted; [Ord. 2004-051]

b.   Lighting fixtures shall be limited to the minimum needed for essential lighting of the site and building; and, [Ord. 2004-051]

c.   Lighting shall be scaled to pedestrians for sites or buildings adjacent to residential uses. [Ord. 2004-051]

G.  Supplemental Regulations

1.   Unified Control

Any development within the PBIAO district shall be developed under common ownership or Unity of Control as provided in Art. 5.F.1.F.3.b, PDDs. [Ord. 2004-051] [Ord. 2020-020] [Ord. 2021-006]

2.   Enclosed Activities

In addition to standards in Art. 5.B.1.A.3, Outdoor Storage and Activities, all activities except storage and sales of landscape material, shall be operated within enclosed buildings. [Ord. 2004-051]

3.   Renovation and Expansion of Non-Residential Uses

When a structure used for industrial or commercial uses, lying in a residential district or adjacent to a residential district, is renovated or expanded by more than 20 percent of GFA, in any one or more expansions or the cumulative total of previous expansions, the PDRs of the PBIAO district shall apply. [Ord. 2004-051]

Section 10       RTO, Research and Technology Overlay

A.   Purpose and Intent

The purpose and intent of the RTO is to protect critical industrial, manufacturing, and research and development activities from the encroachment of incompatible land uses and activities; provide opportunities to locate accessory, auxiliary, and supporting industrial land uses in close proximity to existing facilities; and, ensure the location of land uses and activities in the district that are compatible with or complement manufacturing and high-tech operations that are related to the continuation and expansion of PBC's manufacturing and industrial base. The RTO is specifically included in this Code to meet provisions in the Plan related to the United Technologies Corporation (Pratt-Whitney Overlay). [Ord. 2005-002]

B.   Boundaries

The RTO consists generally, of those lands in unincorporated PBC lying east and north of the Beeline Highway and the Pratt-Whitney facility, which includes all or portions of Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Township 41, Range 40; Sections 5, 6, 7, 8, 9, 17, and 18, Township 41, Range 41; and, Section 13, Township 41, Range 39.

C.   Use Regulations

Development in the RTO shall comply with the use regulations of the underlying district.

1.   Prohibited Noise Sensitive Uses

a.   Residential (excluding Caretaker Quarters);

b.   Hotels or Motels;

c.   Medical or Dental Offices; and,

d.   Hospitals. [Ord. 2017-007]

2.   Accessory Uses

Uses not listed above, which generally would not be allowed within the RTO may be permitted as accessory uses to a permitted principal use.

D.   Property Development Regulations (PDRs)

All development within the RTO shall be subject to the property development regulations of the underlying district. However, development proposed in the NEO shall be subject to the development regulations of the NEO district.

E.   Performance Standards

All development within the RTO shall comply with the rules and regulations of all governmental agencies having appropriate jurisdiction, and with all applicable requirements of this Code.

Section 11       SCGCFO, Sugar Cane Growers Cooperative of Florida Protection Area Overlay

A.   Purpose and Intent

The purpose and intent of the SCGCFO is to maintain the integrity of Bona Fide Agriculture operations related to the cultivation and processing of sugar cane, by prohibiting the encroachment of incompatible land uses or activities. It will also provide opportunities for the inclusion of related accessory and supporting uses and/or activities in close proximity to the existing mill. [Ord. 2004-040]

B.   Boundaries

The SCGCFO includes all of Sections 21 and 28, the East half of Sections 20 and 29, Township 43, Range 37, excluding completely the West half of Sections 20 and 29. [Ord. 2004-040]

C.   Use Regulations

The following uses may be permitted in the SCGCFO, subject to Art. 4, Use Regulations, and the following: [Ord. 2004-040] [Ord. 2017-007]

 

 

D.   Property Development Regulations (PDRs)

All development within the SCGCFO shall be subject to the PDRs for the Light Industrial (IL) Zoning District, pursuant to Table 3.D.1.A, Property Development Regulations.

Section 12       SR 80 Non-Residential Overlay

A.   Purpose and Intent

To maintain the character of the Rural Tier, and to implement the Goals and Objectives in the Plan, the ZC and BCC may impose Conditions of Approval on non-residential uses in the Rural Tier along SR 80 as follows.

B.   Conditions

Conditions may exceed Code requirements by up to 500 percent based on the size, depth, and width of the site, compatibility with surrounding land uses, and impact of the proposed use on the surrounding area. Conditions may include, but are not limited to: additional setbacks, landscaping, buffering, and screening; a requirement to provide equestrian trails; and, more restrictive signage, lighting, access, and hours of operation.

C.   Retention/Detention Areas

If a condition requires a landscape buffer which is twice as large as a required buffer, dry retention/detention areas may overlap the buffer provided up to 50 percent of the width. Wet retention/detention areas, water management tracts, and easements may overlap up to 25 percent of the additional width provided.

Section 13       TAPO, Turnpike Aquifer Protection Overlay

A.   Purpose and Intent

The purpose and intent TAPO district is to: (1) protect and safeguard the public health, safety, and welfare by enhancing the functions of natural groundwater recharge areas; (2) minimize any potential adverse impacts on the surficial aquifer system, known locally as the “Turnpike” aquifer by limiting or restricting certain incompatible uses and developments; and, (3) prevent the continuing loss of prime public water supply sites by requiring certain developments and uses to identify and/or dedicate public water supply sites.

B.   Applicability

1.   The provisions of the TAPO shall apply to all new development, new uses, or expansions of existing uses within its boundaries.

2.   All new development, new uses, or expansion of existing uses located within the TAPO shall be designed and constructed to protect and preserve the identified groundwater resources of the area. For the purposes of this Section, all improvements shall be designed and constructed in accordance with the public supply water well site location criteria contained within this Section.

C.   Exemption

All development and uses which existed within the revised TAPO boundaries, as described in Art. 3.B.13.D, Boundaries around Water or Wastewater Treatment Plant (WTP) 3 on June 16, 1992, and around WTP 8 on the effective date of this Code shall be exempt from the requirements of this Section. [Ord. 2017-007]

D.   Boundaries

The TAPO boundaries shall generally be described as two areas around Water or Wastewater Treatments Plants (WTP) 3 and 8. [Ord. 2017-007]

1.   The TAPO around WTP-3 includes portions of the area north of Woolbright Road, south of Boynton Beach Boulevard, east of Hagen Ranch Road, and west of Jog Road.

2.   The TAPO around WTP-8 includes portions of the water plant property; the area north of Belvedere Road, west of Jog Road, and south of the Turnpike; and, the area north of Southern Boulevard, south of Belvedere Road, east of the Turnpike, and west of Drexel Road.

 

The specific boundaries are depicted on maps and legal descriptions incorporated herein and made a part of this Code. See Appendix 1, Legal Description Water or Wastewater Treatment Plant No. 3, and Appendix 2, Legal Description Water or Wastewater Treatment Plant No. 8. [Ord. 2017-007]

E.   Conflict with Other Applicable Regulations

The requirements of this Section, unless superseded by Art. 14.B, Wellfield Protection, of this Code or applicable State or Federal law, shall apply to all new development, new uses, or expansion of existing uses within the TAPO.

F.   General Provisions

1.   All new development, new uses, or expansion of existing uses within the TAPO which occur following the effective date of this Section shall comply, at a minimum, with the Zone 3 requirements of Art. 14.B, Wellfield Protection, of this Code for the storage, handling, use, or production of Regulated Substances.

2.   All new development, new uses, or expansion of existing uses within the TAPO shall comply with the public supply water well location criteria as provided herein.

3.   All requests for development approval for new uses or expansion of existing uses within the TAPO submitted after the effective date of this Section shall comply with the provisions of this Section.

G.  Mandatory Identification and Dedication of Public Supply Water Well Sites

Development approvals for new development, new uses, or expansion of existing uses within the TAPO submitted after the effective date of this Section shall identify public supply water well sites. Dedication of public supply water well sites shall be required when there is rough proportionality between the required dedication and the needs of the community because of the development. The amount of well sites to be identified or identified and dedicated shall be based upon the total size of the proposed project as provided below:

1.   Developments consisting of at least 25 acres, but less than 100 acres, shall be required to identify or identify and dedicate one public supply water well site;

2.   Developments consisting of at least 100 acres, but less than 200 acres, shall be required to identify or identify and dedicate two public supply water well sites; and,

3.   Developments consisting of more than 200 acres shall be required to identify or identify and dedicate one public supply water well site for each 100 acres or part thereof.

H.   Public Supply Water Well Site Compatibility and Location Criteria

1.   Public supply water well sites shall be located to be compatible with the groundwater resources of the area. To ensure compatibility, public supply water well sites shall be designed to achieve the following:

a.   maximize natural groundwater recharge;

b.   minimize potential drawdown impacts to surrounding natural resources, environmental resources, and artificial surface water management systems; and,

c.   minimize adverse impacts to surrounding non-residential land uses as outlined in Art. 14.B, Wellfield Protection, of this Code.

2.   The following criteria shall be used in locating public supply water well sites in all new development, new uses, or expanded uses located within the TAPO:

a.   Public supply water well sites shall be located along the perimeter of the affected property in a manner acceptable to the PBCWUD;

b.   Public supply water well sites shall be located, in a manner acceptable to the PBCWUD, to facilitate connection to any existing or proposed raw water line located along the R-O-W of Jog Road or Hagen Ranch Road;

c.   Public supply water well sites, to the extent possible and in a manner acceptable to the PBCWUD, shall be evenly spaced, with a minimum separation distance of 500 feet between such sites;

d.   Public supply water well sites shall be located in accordance with setbacks required by the FDEP and by Art. 15.B, Environmental Control Rule II – Drinking Water Supply Systems;

e.   Public supply water well sites shall be located within new or expanded land uses in a manner acceptable to the PBCWUD to minimize drawdown impacts to natural water bodies, surface water management systems with planted littoral shelves, and wetlands;

f.    Public supply water well sites to be dedicated, unless other dimensions are approved by the PBCWUD, shall be a minimum size of 60 feet by 40 feet; and,

g.   Public supply water well sites, to the maximum extent possible, shall be located on properties acquired, dedicated, or reserved for public or common purposes such as parks, open space, or easements.

I.    Dedication of Well Site within Required Open Space

For the purposes of this Code, well sites dedicated to the PBCWUD shall be included in any calculation to determine required open space.

J.   Access Easement to Dedicated Public Supply Water Well Site

1.   A permanent access easement from each dedicated public supply water well site to the closest public R-O-W shall be provided in a manner acceptable to the PBCWUD for such purposes as maintenance of equipment and installation of water pipes.

2.   If a public R-O-W does not exist adjacent to a public supply water well site, a permanent access easement shall be provided in a manner acceptable to the PBCWUD.

K.   Temporary Construction Access Easement

A temporary construction access easement shall be provided from each dedicated public supply water well site to the closest public R-O-W or other R-O-W acceptable to the PBCWUD.

L.   Hold Harmless Agreements

Each dedication of a public supply water well site shall include a hold harmless agreement to relieve PBC from liability for impacts to on-site irrigation wells, aesthetic lakes, and surface water management systems. The agreement shall be in a form acceptable to the County Attorney's Office.

M.  Dedication of Public Water Supply Sites

1.   Upon approval of each future well site or sites by the PBCWUD, a conditional letter of acceptance will be issued. Prior to application for Building Permits, each public supply water well site shall be identified or identified and dedicated as provided below:

a.   If a new development, a new use, or an expanded use does not require recording of a plat then each public supply water well site to be dedicated shall be conveyed within 90 days following Final Site Plan certification by the DRO. The conveyance shall be in a form approved by the County Attorney's Office.

b.   If a new development, a new use, or expanded use requires recording a plat, the location and recordation information of each public supply water well site shall be shown on such plat.

c.   If a new development, a new use, or expanded use does not require a recorded plat or Final DRO Site Plan or subdivision certification, then each public supply water well site to be dedicated shall be conveyed prior to issuance of the first required Development Permit, including a vegetation removal permit other than a prohibited species removal permit, excavation permit, or Building Permit. However, the PBCWUD may stipulate an alternate time when the public supply water well site dedication shall occur. The conveyance shall be in a form approved by the County Attorney's Office.

2.   The location of each well site to be dedicated shall be approved by the PBCWUD.

N.   Developer's Agreements

The PBCWUD may require, as part of a developer's agreement to provide water or sewer service to a new or expanded land use, dedication of public supply water well sites consistent with the provisions of this Section.

Section 14       WCRAO, Westgate Community Redevelopment Area Overlay

A.   Purpose and Intent

The Westgate/Belvedere Homes Community Redevelopment Agency (WCRA) was created pursuant to F.S. ch. 163 pt. III, Community Redevelopment, to remove blighted conditions, enhance the PBC's tax base, improve living conditions, and preserve areas of low and moderate cost housing in the Westgate/Belvedere Homes area of unincorporated PBC.

 

The use of community redevelopment powers enables the BCC and the WCRA to make public improvements that encourage and enhance investment while providing neighborhood stability, prevent continuation of inefficient and incompatible land use patterns, and assist revitalization and rehabilitation of older commercial and residential areas in the Westgate/Belvedere Homes area. The WCRAO is established with the purpose and intent of encouraging development and redevelopment of the Westgate/Belvedere Homes area through regulatory incentives; arresting deterioration of property values; preserving and protecting existing, viable affordable housing; providing opportunity for the future development of affordable housing; implementing the 2004 Westgate/Belvedere Homes Community Redevelopment Plan (WCRA Plan); providing for mixed-use development; and, providing for increased residential densities and commercial intensities, without amendment to the Plan.

 

The WCRA Plan proposes to use smart growth and form-based code principles that incorporates urban design and mixed-use development to achieve infill, residential, and commercial redevelopment. Mixed-use development is required to implement the goals of the WCRA Plan to allow for a pedestrian-friendly environment, the vertical integration of uses, and higher intensity and density. The BCC finds that the secondary effects of Adult Entertainment establishments, as set out in the various studies, affidavits, and other materials cited in Art. 4.B.2.C.1.i, Findings of Fact, are incompatible with the stated purpose and intent of the WCRAO. Therefore, the BCC determines that Adult Entertainment establishments shall be prohibited within the WCRAO. [Ord. 2006-004] [Ord. 2009-040]

B.   General Development Standards

1.   Non-Conformities

Non-conforming uses, structures, and lots shall be allowed to continue subject to the provisions of Art. 1.F, Non-Conformities and the following: [Ord. 2006-004] [Ord. 2010-022]

a.   Expansion of Existing Non-Conforming Parking

The addition of parking to a non-conforming structure that does not meet the location requirements of this Section, shall be permitted subject to a Type 2 Waiver approval. [Ord. 2006-004] [Ord. 2018-002]

b.   Permitted Uses, Uses Subject to DRO Approval within Non-Conforming Structures, and Non-Conforming Single Family Dwellings

The WCRA Plan encourages rehabilitation of existing commercial and residential properties to prevent and eliminate slums and urban blight, to promote physical and economic revitalization of the neighborhoods and commercial areas, and to improve the visual appearance of existing structures and the overall experience of the area. Uses Permitted by Right, uses subject to DRO approval, and non-conforming Single Family dwellings therefore may exceed the allowable percentages of Table 1.F.1.G, Non-Conformities – Percentage and Approval Process for Maintenance, Renovation, and Natural Disaster Damage Repair, provided all the standards below are met: [Ord. 2010-022] [Ord. 2020-001]

1)   Exterior Building and Site Elements Improvements

A minimum 25 percent of the total maintenance, renovation, or natural disaster damage repair improvement value shall be dedicated to, façade improvements abutting the R-O-W per Art. 1, General Provisions, landscaping, pedestrian amenities, and other site elements as determined by the Westgate CRA Executive Director to address specific site constraints that include, but are not limited to, lot size, lot configuration, and/or adjacent redevelopment efforts; [Ord. 2010-022] [Ord. 2020-001]

2)   Limitation

The total maintenance, renovation, or natural disaster damage repair improvements for the proposed use(s) may be allowed only if the proposed improvements will not cause an increase in building square footage or generate additional parking unless the additional parking requirements or design is required to bring the site into compliance with the ULDC to the greatest extent possible; and, [Ord. 2010-022]

3)   Certification of Improvements

The detailed Justification Statement of compliance to the above standards and calculations of the improvements, including the total improvement value for the project, shall be signed and sealed by the architect of record for the project, and shall be reviewed and certified by the Westgate CRA for compliance with this Section prior to submittal to the Building Division. [Ord. 2010-022]

2.   Exemptions

All properties in the PO district or any publicly-owned properties developed to serve a public use shall be exempt from the requirements of this Section. [Ord. 2006-004]

C.   Boundaries

1.   WCRAO Boundaries

The WCRAO consists of those lands within unincorporated PBC bounded by Okeechobee Boulevard on the north, Belvedere Road on the south, Florida Mango Road on the east, and Military Trail on the west. See Figure 3.B.14.C, Map of WCRAO Boundaries and Sub-areas. [Ord. 2006-004]