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 this Article.
Variance relief from any of the requirements of this Article
shall be prohibited unless expressly stated otherwise herein.
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 checking 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.
The Applicant shall confirm whether the site is located in
an Overlay Zone pursuant to Art. 3.B, Overlays, or
as shown on 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.
Uses in Airport
Zones may be further restricted or subject to special regulations as specified
in Art. 16, Airport Regulations.
Special regulations apply within certain zoning districts as
specified under Art.
3.D.3, District Specific Regulations.
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.
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, and Definitions and
Supplementary Use Standards.
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. Utility;
8. Transportation;
9. Commercial
Communication Towers;
10. Excavation; and,
11. Temporary.
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]
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.
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]
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 Processes. [Ord. 2019-005]
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 Processes. [Ord. 2019-005]
Uses identified in Table 4.B.11.A,
Temporary Use Matrix 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]
Uses identified with a
dash “-,” in a zoning districts
column of the Use Matrices, are prohibited in that zoning district, unless
otherwise expressly stated under the Supplementary Use Standards for the
use, or within any applicable Zoning Overlays. [Ord. 2019-005]
Where applicable, each Use Classification may have a listing of
General Standards that apply to all uses in that Use Classification.
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.
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:
As defined in Art. 1, General Provisions,
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.
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.
As defined by Art. 1, General Provisions,
“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 use limitations and requirements are contained in Art. 5.B, Accessory
Uses and Structures.
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]
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.
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Table 4.A.9.A – Thresholds for
Projects Requiring DRO Approval
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Zoning District
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RM
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16 du
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CN
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3,000 sq. ft.
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CLO
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3,000 sq. ft.
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CC
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8,000 sq. ft.
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CHO
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8,000 sq. ft.
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CG
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10,000 sq. ft.
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CRE
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15,000 sq. ft.
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IL
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20,000 sq. ft.
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IG
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20,000 sq. ft.
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IPF
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20,000 sq. ft. or 16 du
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IR
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Any project utilizing the Infill
Redevelopment Overlay
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Notes:
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1.
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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.
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2.
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Projects exceeding the thresholds above shall comply with Art. 5.C, Design Standards.
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3.
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DOs with a Final Master Plan shall receive approval of a
Final Site Plan or Subdivision Plan by the DRO pursuant to Art. 2.C, Administrative Processes. [Ord. 2020-020]
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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 Commissioners 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.
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.
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Table 4.A.9.B – Thresholds for Projects Requiring Board of County
Commissioners Approval (1)
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FLU Designation
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Residential
(Excluding RR FLU)
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200 du (including density bonus), or 50 ac.
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AGR (with Residential)
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250 ac.
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CL-O, CL
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30,000 sq. ft.
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CH-O, CH, CR, MLU,
INST
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50,000 sq. ft.
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IND, CMR, EDC
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100,000 sq. ft.
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[Ord. 2023-011]
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Notes:
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1.
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Land area devoted to retention pursuant to the requirements
of the C-51 drainage basin, or land area devoted to vegetation preservation
pursuant to Art.
14.C, Vegetation Preservation and Protection, excluding AGR or Sector Plan Preserve Areas, shall
not be counted toward the maximum acreage threshold.
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Any amendment to an existing development, or new construction of
projects, which includes an existing or proposed WHP, AHP, TDR, or WCRAO
Density Bonus Program residential density bonus, shall require confirmation of
any applicable thresholds for approval process in accordance with Art. 5.G,
Density Bonus Programs, or Art. 3.B.14.H,
WCRAO Density Bonus Program. [Ord. 2017-025] [Ord. 2021-006]
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.