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Article 4
Use Regulations

CHAPTER A     USER GUIDE AND GENERAL PROVISIONS

Section 1         Overview

In order to ensure that all development in unincorporated PBC is consistent with the Comprehensive Plan, it is necessary to define Uses and identify where such Uses are allowed. This Chapter establishes the general provisions that address regrouping of uses by classification, approval process and any requirements specific to a use. It also serves as a guide to assist users in determining the Uses that are allowed in the various zoning districts. The Zoning Director shall maintain and publish a User Guide to assist the public with applicability of Art. 4, Use Regulations.

Section 2         Variance Relief Prohibited

Variance relief from any of the requirements of this Article shall be prohibited unless expressly stated otherwise herein.

Section 3         Zoning and Future Land Use Consistency

Before utilizing this Article to confirm if a use is allowed, it must be determined that the zoning district designation of the subject site is consistent with its Future Land Use (FLU) designation. This can be accomplished by referencing the site’s FLU designation from the PBC Future Land Use Atlas (FLUA), and check Art. 3.A.3, Zoning District Consistency with the Future Land Use Atlas (FLUA). If the zoning district is inconsistent with the FLU designation, a rezoning may be required to allow for a proposed use subject to the requirements specific to the Use and other applicable Project Development Regulations. Depending on the size and location of the site, there may be multiple options for rezoning, which may include Standard zoning districts, PDDs or TDDs. Once consistency has been confirmed or if it’s determined that rezoning may be required, the appropriate zoning district or zoning districts can then be referenced to determine potential Uses and applicable approval process.

A.   If the zoning district is consistent with the FLU designation, then a rezoning is not required. The Applicant shall reference Use Matrices to see whether the proposed Use is allowed in that zoning district and subject to what type of approval process.

B.   If the zoning district is not consistent with FLU, then a rezoning is required. The Applicant shall select the most appropriate zoning district, and reference Use Matrices to identify whether the proposed Use is allowed in the proposed zoning district and subject to what type of approval process.

Section 4         Overlays

The Applicant shall confirm whether the site is located in an Overlay Zone pursuant to Art. 3.B, Overlays, or as shown in the Official Zoning Map. If a site is located within an Overlay, then additional requirements and limitations may apply to those Uses additional to the regulations under the Supplementary Use Standards.

Section 5         Airport Zones

Uses in Airport Zones may be further restricted or subject to special regulations as specified in Art. 16, Airport Regulations.

Section 6         Specific Regulations for Standard Zoning Districts

Special regulations apply within certain zoning districts as specified under Art. 3.D.3, District Specific Regulations.

Section 7         Determining Approval Process

Uses not specifically listed in the Use Matrices of this Chapter, but consistent with the definition of a listed use, may be considered by the Executive Director of PZB pursuant to Art. 1.B, Interpretation of the Code. All Uses shall comply with all requirements of the ULDC unless expressly exempted otherwise.

A.   Organization

Uses are arranged within this Chapter by Use Classification, each of which includes: a Use Matrix, General Standards, and Definitions and Supplementary Use Standards for Specific Uses. Uses listed under each Use Classification are organized alphabetically, with a corresponding number that allows for easy reference between the Use Matrix, definitions and Supplementary Use Standards.

B.   Use Classification

Uses are grouped into 11 classifications generally based on common functional characteristics or land use compatibility, as follows:

1.   Residential,

2.   Commercial,

3.   Recreation,

4.   Institutional, Public and Civic,

5.   Industrial,

6.   Agricultural,

7.   Utilities,

8.   Transportation,

9.   Commercial Communication Towers,

10.  Excavation, and,

11.  Temporary.

C.   Use Matrix

Each Use Matrix identifies all zoning districts, uses, and approval process, except as indicated otherwise. The Use Matrix indicates the approval process for each Use Type in standard Zoning Districts, PDDs, TDDs, URAO, and IRO. A number in the column under the “Supplementary Use Standard” of the Use Matrix refers to the Definition and Supplementary Use Standards applicable to each use. [Ord. 2018-002] [Ord. 2019-005]

1.   Permitted by Right

Uses identified with a “P” are allowed in the zoning district, subject to the Supplementary Use Standards and the other applicable requirements of this Code. Uses in this category that do not require a Building Permit or Zoning Division site plan approval are still required to comply with all applicable requirements of the ULDC.

2.   Development Review Officer (DRO)

Uses identified with a “D” or exceeding the thresholds of Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, are allowed subject to approval by the DRO in accordance with Art. 2.C, Administrative Processes. [Ord. 2019-005]

3.   Class B Conditional Use

Uses identified with a “B” are allowed in the zoning districts only if approved by the ZC in accordance with Art. 2.B, Public Hearing Processeses. [Ord. 2019-005]

4.   Class A Conditional Use

Uses identified with an “A” are allowed in the zoning districts with a recommendation by the Zoning Commission, and approved by the BCC in accordance with Art. 2.B, Public Hearing Processeses. [Ord. 2019-005]

5.   Temporary Use

Uses identified in Use Matrix 4.B.11 with a “D” are allowed in the zoning districts with an approval by the Development Review Officer subject to the Zoning Agency Review process. Temporary uses are not permanent in nature; not intended to be permanently fixed at a location; and are typically approved for a defined period of time. [Ord. 2017-007] [Ord. 2019-005]

6.   Prohibited Use

Uses identified with a dash “-,” in a zoning districts column of the Use Matrix, are prohibited in that zoning district, unless otherwise expressly stated under the Supplementary Use Standards for the use, or within any applicable Zoning Overlays.

D.   General Standards

Where applicable, each Use Classification may have a listing of General Standards that apply to all Uses in that Use Classification.

E.   Definitions and Supplementary Use Standards for Specific Uses

The definition for each Use permitted is listed. Where applicable, additional Supplementary Use Standards may apply. In the case of a conflict with other regulations in this Code, the more restrictive requirement shall apply, unless otherwise stated.

Section 8         Use Functions

Uses may be identified as principal or accessory. A site may be developed with a single use or collocated with multiple principal uses. Functionality of uses are as follows:

A.   Principal

As defined in Art. 1, a principal use is “the primary and major purpose for which land or building is used as allowed by the applicable zoning district.” Only those Uses listed in this Chapter within the Use Matrices may be considered a principal use. A site may have more than one principal use.

B.   Collocated

Certain principal Uses that are not normally permitted within a zoning district by the Use Matrices may be allowed as a collocated use if expressly stated under the Supplementary Use Standards and compliance with all of the Supplemental Use Standards applicable to the use.

C.   Accessory

As defined by Art. 1, “a permitted use that is customarily associated with the principal use and clearly incidental to the principal use, and is subordinate in area, extent or purpose to and serves only the principal use.” Uses not allowed in a zoning district shall not be accessory to a principal use unless stated otherwise in the Supplementary Use Standards of the use intended to be accessory. Additional accessory Uses limitations and requirements are contained in Art. 5.B, Accessory Uses and Structures.

D.   Flex Space

This option allows for limited office or retail opportunities where otherwise prohibited in industrial Zoning Districts, or inversely allows for a limited type of industrial Uses in the commercial zoning districts that are consistent with the CH FLU designation. Flex space is only permitted when approved in accordance with Art. 5.B.1.D, Flex Space. [Ord. 2019-005]

Section 9         Development Thresholds

A.   Development Review Officer

Any amendment to an existing development, or new construction of projects that meets or exceeds either the maximum square footage or number of units, shall require DRO site plan approval.

 

Table 4.A.9.A – Thresholds for Projects Requiring DRO Approval

Zoning District

Number of Units or Square Feet

RM

16 du

CN

3,000 square feet

CLO

3,000 square feet

CC

8,000 square feet

CHO

8,000 square feet

CG

10,000 square feet

CRE

15,000 square feet

IL

20,000 square feet

IG

20,000 square feet

IPF

20,000 square feet 16 du

IR

Any project utilizing the Infill Redevelopment Overlay

Notes:

1.

Approval of a subdivision plan is required for all subdivision of land for which a plat or plat waiver has not been granted pursuant to Art. 11, Subdivision, Platting and Required Improvements or which exceeds the threshold above.

2.

Projects exceeding the thresholds above shall comply with Art. 5.C, Design Standards.

B.   Public Hearing Approval

Any amendment to an existing development, or new construction of residential, commercial or industrial projects that meets or exceeds either the maximum square footage or units, or maximum acreage of Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commission Approval, shall be reviewed and approved as a PDD or TDD in accordance with Art. 2.B.7.B, Conditional Uses and Official Zoning Map Amendment (Rezoning) to a PDD or TDD. Projects that meet or exceed the thresholds of this table that do not meet the access and dimension requirements of a PDD or TDD; are not allowed to be a PDD or TDD by the Plan; or for non-residential projects, consist of only one use, shall be approved as a Class A Conditional Use.

1.   Exemptions

The following projects shall be exempt from this requirement:

a.   Projects located in the PO Zoning District or that propose to rezone to the PO Zoning District, that support existing or proposed government facilities; and,

b.   Infill Redevelopment Overlay projects approved by the DRO.

 

Table 4.A.9.B – Thresholds for Projects Requiring Board of County Commission Approval (1)

FLU Designation (3)

Number of Square Footage or Units (4)

Acreage

Residential (Excluding RR FLU)

200 du

50 acres

AGR (Residential Only) (2)

-

250 acres

CLO

30,000

-

CHO

50,000

-

CL

30,000

-

CH

50,000

-

IND

100,000

-

INST

50,000

-

CR

100,000

-

MLU

50,000

-

EDC

100,000

-

Notes:

1.

Land area devoted to retention pursuant to the requirements of the C-51 drainage basin, or land area devoted to vegetation preservation pursuant to the Environmentally Sensitive Lands Ordinance, excluding AGR or Sector Plan preserve areas, shall not be counted toward the maximum acreage threshold.

2.

PDDs or TDDs in the AGR Tier are limited to the 80/20 PUD, 60/40 PUD or AGR TMD (FLUE Policy 1.5.1-a).

3.

There are no thresholds for the UC or UI FLU designations.

4.

Dwelling units shall include any density awarded as part of a density bonus program.

 

C.   Density Bonus

Any amendment to an existing development, or new construction of projects, which includes an existing or proposed WHP, AHP or TDR residential density bonus, shall require confirmation of any applicable thresholds for approval process in accordance with Art. 5.G, Density Bonus Programs. [Ord. 2017-025]

D.   Agriculture Reserve Design Elements

The Development Area shall comply with FLUE Policy 1.5.1-r. Ag Reserve Design Elements.

 

In the case of a conflict with other regulations in this Code, the more restrictive requirement shall apply, unless otherwise stated.