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Article 3
Overlays and Zoning Districts
(Continued)
The AP district is to
conserve and protect areas for exclusive, Bona Fide Agriculture and farming-related
operations particularly where soil and water conditions favor continued
agricultural production. A wide range of agricultural activities and their
accessory uses shall be permitted in the AP district in order to maintain the
vitality of the agricultural industry in PBC.
a. Exempted Residential Uses
Legal Lots of Record
with an LR-1 FLU designation located in an area north of the unincorporated
community of Canal Point shall be considered conforming for the purpose of
renovating or developing a Single Family home, including related accessory uses
and structures. [Ord. 2007-013]
b. Agricultural Production Zoning
Consistency
Within the Glades Tier,
the Agricultural Production Zoning District is consistent with all FLU
designations, excluding conservation.
[Ord.
2016-016]
The AGR district is a
portion of PBC lying between Hypoluxo Road on the north, Clint Moore Road on
the south, the Ronald Reagan Turnpike on the east, and the Arthur R. Marshall
Loxahatchee National Wildlife Refuge on the west. The district encompasses
unique farmland, regional water management, and wetlands areas. It is
designated as an area to be preserved primarily for agricultural, environmental
and water resources, and open space-related activities west of SR 7,
agricultural and regional water management use if possible, residential development
is restricted to low densities and commercial development is limited to those
uses serving farm workers and other residents of the district. Gaming, pari-mutual
wagering, off-track betting, events, or activities held or broadcast for
similar purposes shall be prohibited.
a. Exempted Residential Uses
Residential
subdivisions and PUDs approved by the BCC prior to January 1, 1990 shall be
exempt from the provisions of the AGR district to the minimum extent required
to allow for continued development pursuant to their original Development Order
and the intent of the provisions of the AGR district.
1) Exempted
Developments
The exemption applies
to the following residential developments that may continue to exist, however,
they may not subdivide nor expand the boundaries of the property: Willis Glider
Port, Delray Lakes Estates, Tierra del Rey, Tierra del Rey South, Rio Poco,
Snow Ranch Estates (a.k.a. Horseshoe Acres), and Delray Training Center.
[Ord.
2007-001]
2) Permitted
Contiguous Development
An exception shall be
permitted in accordance with FLUE Policy 1.5-c, whereas Delray Lakes Estates,
Willis Glider Port, and Snow Ranch Estates (a.k.a. Horseshoe Acres) may expand,
subject to a Class A Conditional Use approval, to allow development of
contiguous residual parcels at a density that is consistent with the existing
development, where it would serve to establish uniform boundaries. Expansion
shall be subject to
Table 3.C.1.A, AGR Contiguous Development
PDRs
.
[Ord. 2006-004]
[Ord. 2007-001] [Ord. 2018-002]
Table 3.C.1.A – AGR Contiguous Developments PDRs
|
Name of Project
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|
|
|
|
Delray Lakes Estates
|
1 ac.
|
65’ (1)
|
75’ (1)
|
40%
|
25’
|
7.5’
|
15’
|
15’
|
Willis Gliderport
|
1.5 ac.
|
200’
|
300’
|
40%
|
25’
|
7.5’
|
15’
|
15’
|
Horseshoe Acres
|
2 ac.
|
300’
|
300’
|
15%
|
100’
|
50’
|
80’
|
100’
|
Notes:
|
1.
|
All lots shall have an average width and depth that is
consistent with lots in the Delray Lakes Estates PUD. [Ord. 2007-001]
|
|
|
|
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b. Previously Approved Uses
All uses that are
existing and were legally established or requested before the effective date of
Ordinance No. 2001-061
, but are not permitted by the provisions of
the AGR district, shall be considered exempted uses as set forth below: [Ord. 2016-042]
1) Exempted Uses –
4 Points Market
May be developed in
accordance with FLUE Policy 1.5-l, Pre-Existing Commercial Sites (1. 4 Points
Market). [Ord. 2017-002]
2) Right to Farm
All land in the AGR and
AP districts are located in areas where land is used for commercial agricultural
production. Owners, residents, and other users of this property or neighboring
property may be subjected to inconvenience and discomfort arising from
generally accepted agricultural management practices, including but not limited
to noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, and the application of
fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants,
and users of properties in these areas are hereby put on official notice that:
(1) the State Right to Farm Act,
F.S. § 823.14
, may bar them from obtaining a legal judgment
against such as a public or private nuisance; and (2) farm operations that
conform to generally accepted agricultural and management practices in the AGR
and AP districts are exempt from the following miscellaneous standards
contained in
Art. 5.E, Performance Standards
of this Code for noise, vibration, smoke,
and emissions and particulate matters. [Ord. 2005-041]
The PC district is to
protect lands that provide habitats for endangered species of wildlife, fish,
or flora, that are important habitats for the production of fish and wildlife,
or that are sites of historical or archaeological significance.
The AR district is to
protect and enhance the rural lifestyle and quality of life of residents in
areas designated rural residential, to protect watersheds and water supplies,
wilderness and scenic areas, conservation and wildlife areas, and to permit a
variety of uses that require non-urban locations but do not operate to the
detriment of adjoining lands devoted to rural and residential purposes.
a. Previously Approved RSER and Non-Residential
Uses
The previously approved
site in the RSER Zoning District (Petition 1999-011 Everglades Farm Equipment
Co.) requested before the effective date of this Ordinance, may be developed as
a conforming use. [Ord. 2005-002] [Ord. 2011-016]
b. Special Agriculture Uses
Additional non-residential
uses may be allowed in the AR Zoning District with an SA FLU designation. [Ord. 2023-009]
The RE district is to
provide a transition between the agricultural and conservation areas and more
urban residential communities and to create a residential environment wherein
natural constraints applicable to development are recognized and protected in a
manner compatible with the needs of residents.
The RT district is to
provide a transition between a suburban Single Family atmosphere and estate
development, which promotes active recreational facilities within the privacy
of an individual lot.
The RS district is to
provide areas for moderate-density Single Family dwelling units.
The RM district is
intended primarily for the development of multiple family dwelling units.
The CLO district is to
encourage development of low-intensity offices and the integration of
complementary uses on a Local, Collector, or Arterial Street. The CLO district
may serve as a transition between residential areas and more intense commercial
development.
The CHO district is to
encourage development of business and professional office parks and
complementary uses.
The CN district is to
provide a limited commercial facility of a convenience nature, serving
residential neighborhoods within a one-half mile radius, located on a Local, Collector,
or Arterial Street.
The CC district is to
provide a commercial facility of a community nature that services residential
neighborhoods within a three to five-mile radius, located on a Collector or
higher classification street.
The CG district is to
encourage the development of intensive commercial uses providing a wide range
of goods and services, with access from a Collector or Arterial Street and
services a consumer market of at least a three-mile radius.
The CRE district is to
provide lands for major commercial recreation uses that are either publicly or
privately operated and require large amounts of land and have major effects on
adjacent uses.
The IR district is to
encourage infill and redevelopment in the U/S Tier, with all new development
subject to the requirements of the IRO. To further encourage the partial
conversion of larger existing commercial developments, previously developed uses,
buildings, and improvements may be retained where information is clearly shown
on prior approvals, provided that any future development in accordance with the
IRO. In granting approval of a rezoning to the IR district, the BCC may adopt Conditions
of Approval; or including carrying forward Conditions of Approval related to
prior approvals, under the premise that such conditions shall be phased out
upon conversion to an IRO development. [Ord. 2010-005]
PRA districts shall be
subject to the requirements of
Art. 3.B.16, Urban Redevelopment Area
Overlay (URAO)
.
[Ord.
2010-022]
The UC district is the
most intense PRA district, typically comprised of larger interconnected
commercial sub-areas with buildings containing either residential, non-residential,
or a well-balanced mix of residential, commercial, civic, and recreational
uses. [Ord. 2010-022] [Ord. 2017-002]
The UI district
accommodates either residential, non-residential, or mixed-use redevelopment
along the corridors, while providing a transition to the adjacent, existing
residential neighborhoods. [Ord. 2010-022] [Ord. 2017-002]
The IL district is to
provide sufficient land in appropriate locations for certain types of
businesses, light manufacturing, or processing uses likely to cause undesirable
effects upon residential or commercial uses.
The IG district is to
provide land in appropriate locations for those uses with one or more of the
following characteristics: industrial processes that involve significant
amounts of noise, heat, mechanical, and chemical processing; large amounts of
material transfer; outdoor activities; and, large structures. The IG district
provides for industrial uses located with convenient access to transportation
facilities.
The IPF district is to
provide land in appropriate locations for a variety of regional and community
uses that are either publicly or privately operated.
a. AGR Tier – Faith Farm Ministries
1) Approved Uses
Uses not permitted in the IPF district, but otherwise delineated
on the approved Final Site Plan for Faith Farm Ministries, Control # 94-073,
dated February 13, 2008, as amended, may continue to exist and are to be
accommodated as part of the continuation of the AG Reserve Tier. The
modification or expansion of any identified uses that exceed the limits of
Art. 2.C.5.C,
Administrative Modifications to Prior DOs
, may be allowed subject to BCC
approval as a Class A Conditional Use, provided such facilities and uses are
owned by and directly related to the existing Faith Farm Ministries program,
and provide training opportunities and financial support for Faith Farms
Ministries. [Ord. 2017-002]
2) Exception from
Development Thresholds
The 87.28-acre Faith Farm Ministries development shall be exempt
from
Table
4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners
Approval
. [Ord. 2017-002]
3) Split
Zoning
Split zoning of a Legal Lot of Record wherein a portion of the
property is zoned IPF, in part, and AGR-PUD Preserve Area, in part, is
permitted in accordance with FLUE Policy 1.5-t and
Art.
3.E.2.F.3.c.1)b), Split Zoning
. No buffer shall be required between land
zoned IPF and AGR-PUD Preserve Area, provided both split zoned areas are owned
by Faith Farm Ministries or another single non-profit entity whose primary
mission is residential treatment and recovery program. [Ord. 2020-019]
The PO district is to
provide a coordinated land planning approach to the sale, rent, lease,
purchase, management, or alteration of publicly-owned or operated lands. Notwithstanding
those public uses permitted elsewhere in this Code, the PO district is
primarily intended for, although not limited to, public parks and recreation
areas, public buildings and facilities, and other capital improvements of a
significant nature.
The minimum lot
dimensions, maximum FAR, maximum building coverage, and minimum setbacks in
each Standard Zoning District are indicated in
Table 3.D.1.A, Property Development
Regulations
unless
otherwise stated within this Section. Front, side, side street, and rear
setbacks shall be applied in accordance with the lot orientation as defined by
lot frontage.
[Ord. 2005-041] [Ord. 2019-005]
[Ord. 2023-021]
Table 3.D.1.A – Property Development Regulations
|
Zoning District
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|
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PC
|
1 ac.
|
-
|
-
|
-
|
-
|
50’
|
50’
|
50’
|
50’
|
AP
|
10 ac.
|
300’
|
300’
|
-
|
10% (9)
|
100’
|
50’
|
80’
|
100’
|
AGR
|
5 ac.
|
300’
|
300’
|
-
|
15%
|
100’
|
50’
|
80’
|
100’
|
|
AR (RR-20)
|
20 ac.
|
300’
|
300’
|
0.15
|
15%
|
100’
|
50’
|
80’
|
100’
|
AR (RR-10)
|
10 ac.
|
AR (RR-5)
|
5 ac.
|
AR (RR-2.5)
|
2.5 ac.
|
200’
|
200’
|
-
|
20%
|
50’
|
25’
|
25’
|
40’
|
AR and RE
(U/S Tier) (1)
|
1 ac.
|
125’
|
200’
|
-
|
30%
|
50’
|
15’
|
25’
|
25’
|
RE (RSA)
|
2.5 ac.
|
200’
|
200’
|
-
|
20%
|
50’
|
25’
|
25’
|
40’
|
RT
|
14,000 sq. ft.
|
100’
|
125’
|
-
|
30%
|
25’
|
15’
|
25’
|
25’
|
RS
|
6,000 sq. ft.
|
65’
|
75’
|
-
|
40%
|
25’
|
7.5’ (10)
|
15’
|
15’
|
RM
|
-
|
65’
|
75’
|
-
|
40%
|
25’
|
15’
|
25’
|
15’ (8)
|
|
CN
|
0.5 ac.
|
100’
|
100’
|
-
|
25%
|
30’
|
30’
|
(6)
|
30’
|
CC
|
1 ac.
|
100’
|
200’
|
-
|
25%
|
30’
|
30’
|
(6)
|
30’
|
CG
|
1 ac.
|
100’
|
200’
|
-
|
25%
|
50’
|
15’
|
(6)
|
20’
|
CLO
|
1 ac.
|
100’
|
200’
|
-
|
25%
|
30’
|
15’
|
(6)
|
20’
|
CHO
|
1 ac.
|
100’
|
200’
|
-
|
25%
|
40’
|
15’
|
(6)
|
20’
|
CRE
|
3 ac.
|
200’
|
300’
|
-
|
40%
|
80’
|
50’
|
80’
|
50’
|
IR
|
N/A
|
50’
|
100’
|
-
|
40%
|
Art. 3.B.15,
Infill Redevelopment Overlay (IRO)
|
UI
|
N/A
|
50’
|
100’
|
-
|
N/A
|
Art. 3.B.16,
Urban Redevelopment Area Overlay (URAO)
|
UC
|
N/A
|
50’
|
100’
|
-
|
N/A
|
Art. 3.B.16,
Urban Redevelopment Area Overlay (URAO)
|
|
IL
|
1 ac.
|
100’
|
200’
|
-
|
45%
|
40’
|
15’
|
25’
|
20’
|
IG
|
2 ac.
|
200’
|
200’
|
-
|
45%
|
45’
|
20’
|
45’
|
20’
|
|
IPF
|
1 ac.
|
100’
|
200’
|
-
|
25%
|
50’
|
15’
|
25’
|
20’
|
PO
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
[Ord. 2005-002] [Ord.
2005-041] [Ord. 2010-005] [Ord. 2010-022] [Ord. 2012-027] [Ord. 2016-042]
[Ord. 2017-007] [Ord. 2019-005] [Ord. 2020-020] [Ord. 2023-009] [Ord. 2023-021]
|
Notes:
|
1.
|
Properties with AR zoning with a residential future land
use designation in the Urban/Suburban Tier are not required to rezone when:
[Ord.
2023-009] [Ord. 2023-021]
|
a.
|
subdividing for a residential use provided that the newly
subdivided density is a maximum of one unit per acre; or
[Ord. 2023-009]
[Ord. 2023-021]
|
b.
|
developing a non-residential use that is allowed in AR.
[Ord.
2023-009] [Ord. 2023-021]
|
2.
|
Existing residentially zoned lots that do not meet the
minimum width and depth pursuant to this Table or Notes 3 and 4 below, may
utilize the following PDRs for a Single Family dwelling unit only. For
non-conforming depth: Front setback is 30 percent of lot depth, and Rear
setback is 20 percent of lot depth. For non-conforming width: Side setback is
15 percent of lot width, and Side Street is 20 percent of lot width.
[Ord.
2010-005] [Ord. 2023-009] [Ord. 2023-021]
|
3.
|
A lot in the AR Zoning District that is a Legal Lot of
Record prior to the Plan’s August 31, 1989 adoption, and is one acre or
greater in any residential future land use designation, shall be considered a
conforming lot when developed with a residential or agricultural use in any
tier; or developed with an institutional use outside of the U/S Tier. The
PDRs shall be as follows: [Ord. 2023-009] [Ord. 2023-021]
|
a.
|
A lot with an RR-5, RR-10, or RR-20 FLU designation that
does not meet the minimum width or depth, but meets the minimum width or
depth of a lot with AR (RR-2.5) shall meet the setbacks for the AR (RR-2.5).
[Ord.
2023-021]
|
b.
|
A lot that does not meet the minimum lot width or depth of
a lot with AR (RR-2.5), shall use the non-conforming percentage setbacks,
pursuant to Note 2, for the applicable setback for which lot width or depth
is not met. [Ord. 2023-021]
|
4.
|
A lot in the AR Zoning District that is a Legal Lot of
Record prior to the Plan’s August 31, 1989 adoption, and is in the U/S Tier
shall be considered a conforming lot when developed with a residential or
agricultural use. The PDRs shall be as follows:
[Ord. 2023-009] [Ord.
2023-021]
|
a.
|
A lot less than one acre and greater than or equal to
14,000 square feet shall use the RT PDRs. [Ord. 2023-009] [Ord. 2023-021]
|
b.
|
A lot less than 14,000 square feet shall use the RS PDRs.
[Ord.
2023-009] [Ord. 2023-021]
|
c.
|
A lot that does not conform to the minimum lot width or
depth of the RT or RS Zoning Districts, shall use the non-conforming
percentage setbacks, pursuant to Note 2, for the applicable setback for which
lot width or depth is not met. [Ord. 2023-009] [Ord. 2023-021]
|
5.
|
The maximum FAR shall be in accordance with FLUE
Table 2.2-e.1, Maximum Floor Area Ratios
(FARs) For Non-Residential Future Land Use Categories and Non-Residential
Uses of the Plan
,
and other related provisions, unless otherwise noted. The 0.15 FAR for the AR
Zoning District is applicable where the primary use of a lot is residential.
[Ord.
2005-041] [Ord. 2023-021]
|
6.
|
Setback equal to width of R-O-W Buffer pursuant to
Art. 7, Landscaping
. [Ord. 2005-002] [Ord. 2005-041]
|
7.
|
Buildings over 35 feet in height shall increase setbacks in
accordance with
Art. 3.D.1.E.2, Multifamily,
Non-Residential Districts, and PDDs
. [Ord. 2005-002] [Ord. 2005-041] [Ord. 2023-021]
|
8.
|
Property previously developed with a RM or RH rear setback
of 12 feet shall be considered conforming and subject to
Art. 1.E, Prior Approvals
. [Ord. 2005-002] [Ord. 2005-041]
|
9.
|
Maximum Building Coverage in the AP district with an SA FLU
designation may be increased to 15 percent. [Ord. 2017-007]
|
10.
|
Side setback for a SFD shall be increased to ten feet when
adjacent to the ZLL side property line of a ZLL home, pursuant to
Art. 3.D.2.B.1.d, ZLL Adjacent to Other
Housing Types
.
The SF lot shall have an easement recorded pursuant to
Art. 3.D.2.B.3.e, Access, Maintenance, and
Roof Overhang Easement
. [Ord. 2020-020]
|
|
|
|
|
|
|
|
|
|
|
|
|
The property development
regulations for Single Family housing type in the RM district shall be in
accordance with the RS district PDRs in
Table 3.D.1.A, Property Development
Regulations
. [Ord. 2019-034]
Single Family dwelling
units in projects in the RT Zoning District which meet the criteria in Policy
2.2.1-e of the Plan or utilize the TDR Program may develop in accordance with
Table 5.G.1.B, RT Deviations for WHP
. [Ord. 2008-037]
Development in the PO
district shall be exempt from
Art. 3.D.1.A, PDRs
for Standard Zoning Districts. However, the
PO district shall be subject to the FAR requirements of the Plan.
[Ord.
2005-041]
On curving streets,
such as cul-de-sacs, the required frontage for lots between the points of
curvature may be reduced by 40 percent, provided the centerline radius of the
contiguous street is 125 feet or less.
Pursuant to County
Engineering standards the front, side street, and rear setback (when the rear
property line abuts a street), shall be measured from the base building line.
Figure
3.D.1.D – Base Building Line
|
|
a. Major Street
The base building line
for any lot abutting a Major Street shall be 40 feet from the existing R-O-W.
b. Minor Street
The base building line
for any lot adjacent to a Minor Street shall be 30 feet from the centerline of
the existing street unless subject to the following:
1) Minor Street over
60 Feet Wide
The base building line
for any lot adjacent to a Minor Street over 60 feet in width shall be the
property line, or, if the street was created by a recorded easement, from the
easement line.
2) Platted
Subdivisions
The base building line
for any lot abutting a Minor Street within a subdivision platted and recorded
after February 5, 1973 shall be the property line abutting the Minor Street
shown on the plat.
c. Waiver
The County Engineer may
waive this requirement and establish the base building line at a lesser
distance. If the base building line is waived on a street created by a recorded
easement, the setback shall be measured from the easement line.
d. Permitted Encroachments
Pursuant to approval by
the County Engineer, temporary, removable, and non-habitable structures such as
signs and fences, may be located between a street and the base building line.
Approval shall be subject to a removal agreement with the DEPW. Setbacks shall
be measured from the existing street boundaries and the affected area shall be
landscaped in accordance with
Art. 7, Landscaping
.
[Ord. 2017-002]
e. Landscaping and Parking
In the event the County Engineer does not waive the base
building line requirement, required landscaping and parking shall be prohibited
in the area between a street and the base building line. [Ord. 2017-002]
The minimum separation
for Multifamily and Cottage Home structures in the RM district shall correspond
to the setback regulations in
Table 3.D.1.A, Property Development
Regulations
, and
Table 3.D.2.D, Cottage Home Property
Development Regulations
respectively. [Ord. 2019-034]
a.
Cottage Homes
The minimum separation for Cottage Homes may be reduced from 15
feet to ten feet subject to the approval by the Fire Department and the
Building Division.
[Ord. 2018-018] [Ord.
2019-034]
The minimum setback
from a corner clip shall be ten feet. The setback shall be measured
perpendicular from the midpoint of the interior line of the corner clip.
Figure
3.D.1.D – Corner Clip Setback
|
|
No setback reduction
shall be used in combination with any other setback reduction allowed by this
Code.
In residential zoning
districts located in the U/S Tier, or the Residential Pod of an AGR-PUD, the
rear and side setbacks along the length of a property line adjacent to
dedicated open space defined by a minimum of 50 feet in width may be reduced by
25 percent, unless otherwise stated by this Code. [Ord. 2008-037]
b. Alleys
In commercial and
industrial districts, the rear and side setbacks from an alley may be reduced
by 50 percent.
c. Railroad R-O-W
In industrial
districts, the setback from a railroad R-O-W may be reduced to the width of the
required landscape buffer.
The following
structures, projections, and improvements shall be allowed within required
setbacks:
a. Structures, Projections, and
Improvements Permitted in Setbacks
1) Arbors and
trellises less than ten feet in height, subject to a minimum three-foot
setback;
2) Balconies projecting a maximum of three feet
into the front setback of a SFD or ZLL home, not including setbacks allowed for
side loading garages pursuant to
Table 3.D.2.B, ZLL Property Development
Regulations
,
Table 3.D.2.B, Double ZLL Property
Development Regulations
, or
Art. 3.E.2.E.1.b, Side Loading Garage
; [Ord. 2005-041] [Ord. 2020-020]
3) Permanent/retractable awnings, canopies, or
Bahama shutters projecting a maximum of three feet into a setback, and having
no support other than provided by the wall or structure to which it is
attached; [Ord. 2005-041] [Ord. 2014-025]
4) Bay windows projecting a maximum of three
feet into a setback; [Ord. 2005-041]
5) Chimneys projecting a maximum of three feet
into a setback; [Ord. 2005-041]
6) Clothes poles or clotheslines in rear yard
setbacks; [Ord. 2005-041]
7) Driveways, subject to
Art. 6.B.3.A.2.a.3)a), Access Connections
; [Ord. 2005-002] [Ord. 2005-041]
8) Fire escapes projecting a maximum of three feet
into a setback, provided the riser is retractable and at least 50 percent open;
[Ord. 2005-041]
9) Flagpoles, subject to
Art. 8, Signage
;
[Ord.
2005-041]
10) Fountains; [Ord. 2005-041]
11) Heating, ventilation, and air-conditioning
units (including compressors and condensers); [Ord. 2005-041]
12) Mailboxes; [Ord. 2005-041]
13) Open terraces and patios, including walkways
and ground-level decks; [Ord. 2005-041]
14) Open, uncovered stoops; [Ord. 2005-041]
15) Recreational equipment and structures in the
rear setback of residential districts; [Ord. 2005-041]
16) Roof overhangs projecting into the required
setback a maximum of two and one-half feet; [Ord. 2005-041]
17) Sculptures and
other similar objects of art; [Ord. 2005-041]
18) Signs, subject to
Art. 8, Signage
;
[Ord.
2005-041]
19) On-site parking areas, unless otherwise
specifically prohibited; [Ord. 2005-041]
20)
Art. 5.B.1.A.2, Fences and Walls
(excluding corner clips for intersections);
[Ord. 2005-002] [Ord. 2005-041]
21) Landscaping planted in the ground or in
planters; [Ord. 2005-041]
22) Wells; [Ord. 2005-041]
23) Utility transmission lines and associated
structures; [Ord. 2005-041]
24) Basketball goals, provided there is a minimum
three-foot setback from the rear and side property lines and a minimum 15-foot
setback from the front and side street property lines; [Ord. 2005-041]
25) Light poles having only one structural ground
member; [Ord. 2005-041]
26) An accessory residential dock, shared by
abutting residential parcels only, subject to the submittal of an executed
construction and maintenance agreement, prepared in a manner and form
acceptable to the County Attorney and the Zoning Director; [Ord. 2005-041]
27) Bus
shelters and bus benches; [Ord. 2005-041] [Ord. 2014-025]
28) Fire hydrants
and other government service/utility structures required to be in certain locations
by applicable Codes and Ordinances; [Ord. 2005-041] [Ord. 2014-025]
29) Impact shutters projecting a maximum of 18
inches into the setback; and,
[Ord.
2014-025]
30) Decorative architectural treatment such as
lintels, stone veneer, or stucco banding, projecting a maximum of six inches
into a setback.
[Ord. 2014-025]
The maximum height for
buildings and structures in all districts shall be 35 feet, unless otherwise
stated.
[Ord. 2005-002]
Structures in Airport Zones are subject to the height restrictions in
Art. 16.B, Airport Protection Zoning
Regulations Governing Airport Hazards
.
[Ord. 2017-025]
In the RM, CLO, CHO,
CG, IL, IG, and PDD districts, buildings may exceed 35 feet in height as
follows: Buildings over 35 feet in height shall be set back in accordance with
Table 3.D.1.A, Property Development
Regulations
, with one
additional foot of setback to be provided in addition to the required setback
for each one foot in height, or fraction thereof, over 35 feet. In the PO district,
buildings over 35 feet in height shall provide one foot of setback, in addition
to required perimeter landscape buffers, for each additional one foot in height
or fraction thereof over 35 feet. This regulation shall have no effect on any
existing structure within the PO district that is conforming as of the
effective date of this Code. [Ord. 2005-002] [Ord. 2007-013]
In the AGR, AP, and AR
districts, structures accessory to a Bona Fide Agriculture use may exceed 35
feet in height as follows: one additional foot of setback shall be provided in
addition to the required setback for each one foot in height, or fraction
thereof, over 35 feet to a maximum of 100 feet.
The following
structures shall be exempt from the height restrictions in this Section, unless
otherwise stated:
a. Church spires, religious domes, and religious
ornamentation attached to a Place of Worship;
b. Belfries;
c. Monuments;
d. Tanks;
e. Water towers;
f. Fire towers;
g. Stage towers or scenery lofts;
h. Cooling towers;
i. Ornamental towers and spires;
j. Chimneys;
k. Structure built over the top of a stairwell
or elevator shaft providing access to the rooftop for maintenance purposes or
to house elevator mechanical equipment;
[Ord.
2014-001]
l. Smoke stacks;
m. Oil derricks;
n. Conveyors;
o. Flagpoles, subject to
Art. 8, Signage
,
except for
Art. 4.B.9, Commercial Communication Towers
;
p. Aircraft control towers;
q. Aircraft navigation aids;
r. Accessory radio towers, subject to
Art. 5.B.1.A.13, Accessory Radio Tower
;
s.
Art. 5.B.1.A.15, Amateur Radio and
Television Antennas
;
t.
Art. 4.B.9, Commercial Communication Towers
;
u. Required parapet screening of mechanical
equipment; and, [Ord. 2014-001]
v. Mechanical equipment, less than five feet in
height and any required screening, measured from the roof deck. [Ord. 2006-004]
The minimum lot
dimensions, maximum height, maximum FAR, maximum building coverage, and minimum
setbacks and separations for Townhouses in all districts where they are
permitted shall be as follows:
a. Common Area
Where any portion of
the original lot is not divided among and incorporated into the resulting Townhouse
lots, then that portion of the original lot shall be held by either of the
following or a combination of the following, in a form and manner acceptable to
the County Attorney: [Ord. 2005-002]
1) Each lot owner shall have an undivided
interest in the common area, which shall be appurtenant to that lot. The
individual interest in the common areas shall not be conveyed separately from
the ownership of said lot; or
2) A Property Owners’ Association (POA).
b. Individual Lot
The minimum area to be
conveyed to the lot owner shall be no less than 100 percent of the total ground
floor building area of the dwelling unit. A homeowner’s maintenance association
shall be formed among the unit owners to assure compliance with exterior area
maintenance regulations as may be adopted by the association.
No building or structure
shall exceed 35 feet in height.
No detached accessory
buildings or structures other than permitted fences or walls shall be permitted
on any lot less than 30 feet in width.
Townhouse lots may be
arranged in groups fronting on Residential Access Streets (if located within a
PDD) or fronting on parking tracts as allowed in
Art. 11.E.2, Access and Circulation Systems
. Minimum parking requirements shall be in
accordance with
Art. 6, Parking, Loading, and Circulation
.
In an effort to address
current building trends and needs of homeowners to modify existing units, the
following procedures have been established to facilitate replacement and
expansion of existing units, and to ensure the consistency of replacement units
with the character of the overall community. In the event a Townhouse unit is
replaced or expanded, the following shall apply: [Ord. 2008-037]
a. Process
1) Building Permit
Review
An application for
Building Permit shall be consistent with typical unit detail approved on the
DRO Site Plan or the original Building Permit. If no typical unit detail is
included then Staff will rely on the tabular data for setbacks/separations and
height. [Ord. 2008-037]
2) DRO Zoning
Review
An application for DRO
Zoning review shall be required to reflect proposed changes to a DRO-approved Site
Plan; typical unit shall include tabular data, setbacks/separations, and
height. [Ord. 2008-037]
b. Standards for Review
1) Setbacks/separations may be decreased a
maximum of 30 percent of the required minimum standard provided the development
was not approved utilizing flexible regulations or received prior Variance
relief. [Ord. 2008-037]
2) A 30 percent increase in the maximum
allowable height may be permitted.
[Ord.
2008-037]
3) Demonstrate compliance with all applicable
parking, landscaping, and drainage provisions. [Ord. 2008-037]
4) Comply with all applicable application
requirements. [Ord. 2008-037]
5) Submit a letter of support from the
applicable community HOA/POA.
[Ord.
2008-037]
6) Comply with any DRO-approved Architectural Elevations
or accepted revision consistent with Code.
[Ord.
2008-037]
Any purposed deviation
that exceeds the above standards will require Variance relief pursuant to
Art. 2.C.5.F, Type 1 Variance
. [Ord. 2008-037]
An attached Townhouse
building shall be developed as a whole, and no CO for a Townhouse unit shall be
issued until completion of one or more adjacent units and the entire attached
building exterior, parking, and landscaping.
A Townhouse unit shall
be attached to another Townhouse unit along a minimum of 50 percent of the
maximum depth of the unit. This minimum attached length between Townhouses is
limited to the portion of a building supporting an air-conditioned living area,
a garage, or a storage area and shall share a continuous foundation with the Townhouse
building.
Table 3.D.2.A – Townhouse Property Development Regulations
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800 sq. ft.
|
16’
|
50’
|
35’
|
100% of buildable area
|
15’
– Unit
25’ – Front loading garage
15’ – Side loading garage or parking tract
|
20’
– Unit
30’ – Front loading garage
20’ – Side loading garage or parking tract
|
0’ – Interior unit
15’ – End unit
|
0’ – Interior unit
25’ – End unit
|
25’ – End unit
|
25’
|
Notes:
|
1.
|
Front and side street setbacks measured from street or
parking tract. Side and rear setbacks measured from plat, parcel, or pod
boundary; lake maintenance easement, canal easement, or canal R-O-W; or,
required landscape buffer. [Ord. 2005-002]
|
2.
|
Separations apply to the proximity of one Townhouse group
to another. Separation between two Townhouse buildings shall be by drawing a centerline
between the two adjacent buildings and measuring a minimum distance equal to
one-half of the required separation from the centerline to ensure an
equidistant separation between structures. For the purpose of this Section, a
Townhouse building shall mean two or more attached Townhouses.
|
3.
|
Recreation buildings and other structures which are not
accessory structures shall comply with the setback requirements in this
Section.
|
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The minimum lot dimensions, maximum height, maximum building
coverage, and minimum setbacks for ZLL homes in all districts where they are
permitted, shall be as follows: [Ord. 2020-020]
Table 3.D.2.B – ZLL Property Development Regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
4,500 sq. ft.
|
45’ – Interior
|
75’
|
35’
|
50%
|
10’ – Unit
25’ – Front loading garage
10’ – Side loading garage
|
0’
|
10’
|
N/A
|
10’
|
50’ – Corner
|
0’
|
N/A
|
10’
|
10’
|
55’ – Side Street home
|
N/A
|
10’
|
10’
|
10’
|
[Ord. 2005-041] [Ord.
2020-020]
|
a. ZLL Side Setback
1) A ZLL home
shall be located on a minimum of one, but not more than two, property lines,
except as stated in
Art.
3.D.2.B.1.b, Side Street Home
.
[Ord.
2005-002] [Ord. 2020-020]
2) A minimum of 20
feet of the length of the home under air or occupied by a totally enclosed area
under roof which is attached to and directly accessible from an air-conditioned
living area, such as a garage or storage area, shall be located on one lot line
and shall have a zero-foot setback from the lot line. [Ord. 2020-020]
a) The remaining
portion of the home along the ZLL side shall be set back a minimum of four feet
from the zero property line, unless otherwise stated herein
Art.
3.D.2.B.1.c, Double ZLL Home
, and
Art. 3.D.2.B.3,
Design Standards
. [Ord. 2020-020]
A Side Street home shall be located on a lot having one side of
the unit abutting a street, abutting a minimum of 50 feet of open space, or a
combination thereof. A Side Street home shall comply with the setbacks pursuant
to
Table
3.D.2.B, ZLL Property Development Regulations
. [Ord. 2005-041] [Ord. 2020-020]
Figure 3.D.2.B – Typical Example of ZLL
Home PDRs
|
|
[Ord.
2005-041] [Ord. 2020-020]
|
A Double ZLL home is constructed with portions of the home
located on two side property lines.
[Ord.
2020-020]
1) The
portion of the home abutting the ZLL side shall be under air or occupied by a
totally enclosed area, such as a garage or storage area; and [Ord. 2020-020]
2) A
Corner home shall have a minimum of 20 feet of the length of the home located
on one lot line and shall have a zero-foot setback from the lot line; or [Ord. 2020-020]
3) An
Interior Double ZLL home shall have a minimum of ten feet of length of the home
on each ZLL side property, for a minimum total of 20 feet. [Ord. 2020-020]
Table 3.D.2.B – Double ZLL Property
Development Regulations
|
|
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|
|
|
|
|
|
|
|
|
4,500 sq. ft.
|
45’ – Interior
|
75’
|
35’
|
50%
|
10’ – Unit;
25’ – Front loading garage;
10’ – Side loading garage
|
0‘– For a min. 10’ on each ZLL side;
10’ – Portion of unit not built on the ZLL
side
|
N/A
|
10’
|
50’– Corner
|
0’ – For a min. 10’ on each ZLL side;
10’ – Portion of unit not built on the ZLL
side
|
10’
|
10’
|
55’ – Side Street home
|
N/A
|
10’
|
10’
|
[Ord.
2020-020]
|
Notes:
|
1.
|
A minimum ten-foot
setback shall be provided for the portion of the Double ZLL home that is not
built with a zero-foot setback. Reduction in setbacks, as described in
Art. 3.D.2.B.3.b.3),
Windows and Doors
,
shall be prohibited.
[Ord. 2020-020]
|
2.
|
A minimum six-foot
separation between the exterior walls and a minimum four-foot separation for
overhangs, shall be provided between Double ZLL units located on the same ZLL
side with the zero-foot setback unless waived by the Building Official based
on requirements of the current edition of the Florida Building Code.
[Ord. 2020-020]
|
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Figure 3.D.2.B – Typical PDRs for Double
ZLL Homes
|
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