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Article 4
Use Regulations


(Continued)

CHAPTER B     USE CLASSIFICATION

Section 1         Residential Uses

A.   Residential Use Matrix

1.   Residential-related accessory uses are identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use.

 

Table 4.B.1.A – Residential Use Matrix

 

 

Standard Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

IND

INST

PUD (2)

MUPD (3)

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

(2)

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Residential Uses (2)(4)

 

-

-

-

-

-

-

-

-

A

A

-

A

-

A

-

D

D

D

D

D

A

A

D

D

-

-

-

A

Congregate Living Facility

1

A

A

-

A

-

A

A

A

A

-

-

-

A

-

-

-

-

-

A

A

-

A

A

-

A

-

-

-

 

-

-

-

-

-

-

-

A

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

Cottage Home

2

P

-

-

-

-

P

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

-

-

-

-

-

 

-

P

-

P

P

P

P

P

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

Family Community Residence

3

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Mobile Home Dwelling

4

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

Multifamily

5

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

Recovery Community

6

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

P

-

P

P

P

P

P

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

Single Family

7

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

P

-

-

-

-

-

-

 

-

-

-

-

-

-

-

A

D

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

Townhouse

8

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

P

-

-

A

-

-

P

P

P

-

 

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

Transitional Community Residence

9

-

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

-

-

-

-

-

-

A

D

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

Zero Lot Line Home (ZLL)

10

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

P

-

-

A

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034] [Ord. 2021-022] [Ord. 2021-023]

 

Use Approval Process Key:

 

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

 

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

 

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

 

(2)

The only residential use allowed in the RM or the PUD Zoning Districts, that has a CLR FLU designation, is a Type 3 Congregate Living Facility (CLF). [Ord. 2019-005]

 

(3)

CLF, Multifamily, Townhouse, and Cottage Home residential uses are permitted within an MUPD that has an underlying or split Residential or Agricultural Reserve Future Land Use designation. [Ord. 2019-005] [Ord. 2021-023]

 

(4)

Uses may require a higher level of approval pursuant to 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, unless otherwise specified within the Supplementary Standards of the specific use. [Ord. 2021-023]


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B.   General Residential Standards

1.   Accessory Affordable Housing

Multifamily, Single Family, Townhouse, or Zero Lot Line Homes may be allowed in the IPF Zoning District as affordable housing in the same development of institutional, public, and civic uses such as Place of Worship. The dwelling units shall not be for sale and shall be subject to DRO approval. As part of the submittal requirement, the Applicant shall demonstrate that residential development will be under the direct supervision of a sponsoring non-profit organization or community-based group.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Congregate Living Facility (CLF)
a.   Definition

A facility which provides long-term care, housing, food service, and one or more assistive care services for persons not related to the owner or administrator by blood or marriage. A permanent or temporary group living arrangement for people without disabilities, or a group living arrangement in which normalization and/or community integration are not integral elements, or a group living arrangement for people undergoing treatment in a program under the same or affiliated ownership, or congregate housing for people with disabilities who pose a direct threat to the health or safety of others including as an alternative to incarceration, or intermediate care or assisted living facilities that do not emulate a family. [Ord. 2021-022]

b.   Typical Uses

Typical uses may include, but are not limited to: [Ord. 2021-022]

1)   Group home or other CLF for housing for people without disabilities that does not emulate a family; [Ord. 2021-022]

2)   Group home or other CLF arrangement for people who may be considered a direct threat to the health or safety of others, that requires monitoring; [Ord. 2021-022]

3)   Intermediate care facility for people with developmental disabilities that does not emulate a family; [Ord. 2021-022]

4)   Assisted Living Facilities for adults with disabilities or elderly for the number of people that exceed the thresholds to be considered a Community Residence and do not emulate a family; [Ord. 2021-022]

5)   Shelters for victims of domestic abuse; [Ord. 2021-022]

6)   Previously approved Type 3 CLF, for people with disabilities that do not meet the requirements of a Community Residential Home pursuant to F.S. § 419.001, and the residents are: [Ord. 2021-022]

a)   Frail elders or disabled adults (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons who have a developmental disability (F.S. § 393.063); [Ord. 2021-022]

d)   Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); or, [Ord. 2021-022]

7)   Previously approved Type 1 CLF or Type 2 CLF for people without disabilities that do not meet the definition and requirements for Family Community Residence or Transitional Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   RS Zoning District

A CLF may be allowed in the RS Zoning District with an MR-5, HR-8, HR-12, or HR-18 FLU designation subject to a Class A Conditional Use approval. A CLF in the RS Zoning District with an LR-1, LR-2, and LR-3 FLU designation shall be prohibited. [Ord. 2019-005] [Ord. 2021-022]

d.   Maximum Occupancy

A CLF may include multiple dwelling units on a single lot. The maximum occupancy shall be determined by FLUE Table 2.2.1-g.1 of the Plan and multiplying the maximum allowable density by 2.39. A dwelling unit is equivalent to 2.39 residents/beds. [Ord. 2019-005] [Ord. 2021-022]

e.   Location

1)   A CLF shall have a front or side street property line abutting a Local Commercial, Collector, or an Arterial Street, except for the following: [Ord. 2021-022]

a)   A CLF having 25 residents or less may have frontage and access from a Local Street. [Ord. 2021-022]

b)   A CLF having 250 or fewer residents may be located in a Residential Pod with attached housing, and may have access to a Local Residential Street or a Residential Access Street. [Ord. 2021-022]

2)   A proposed CLF with 14 or fewer residents shall be located a minimum of 660 feet or seven lots whichever is greater, from an existing Community Residence, Recovery Community, or other CLF. A proposed CLF with more than 14 residents shall be located a minimum of 1,200 feet from an existing Community Residence, Recovery Community, or other CLF with more than 14 residents. The separation requirement in this Section shall be measured in linear feet from the closest points between the property lines. [Ord. 2021-022]

a)   Exception

A CLF approved as a Type 3 CLF prior to the effective date of Ordinance No. 2021-022, shall be considered a legal conforming use and not subject to these separation requirements, unless the proposed request is to add land area and will decrease the existing separation from the closest Community Residence, Recover Community, or other CLF. [Ord. 2021-022]

f.    Drop-Off Area

A drop-off area shall be provided for group transportation, such as vans or similar vehicles, when more than 14 residents. [Ord. 2021-022]

g.   Accessory Commercial Uses

A limited amount of commercial uses may be Permitted by Right as accessory uses in a CLF. Such uses shall be limited to Medical or Dental Office, Personal Services, and Retail Sales uses designed exclusively to serve the residents of the facility, such as a barber or beauty shop, banking services, and convenience retail sales. No more than ten percent of the GFA of the facility shall be used for accessory commercial uses. There shall be no exterior signage or other indication of the existence of these uses in the facility that may attract nonresidents. [Ord. 2021-022]

h.   Congregate Living, Assistive Care Services

Assistance with activities of daily living and limited nursing services. [Ord. 2021-022]

i.    Cooking Facilities

A CLF shall provide and continuously maintain a central dining facility. Individual kitchen facilities may be provided in the living quarters of a CLF. [Ord. 2021-022]

2.   Cottage Home
a.   Definition for Cottage Homes

The use of a lot or a structure for one detached dwelling unit with reduced property development regulations. [Ord. 2018-018] [Ord. 2019-034]

b.   Cottage Home Size

A maximum of 1,000 square feet per unit.

c.   Cottage Homes in RS Zoning District

May be allowed in the RS Zoning District with an MR-5 or higher FLU designation, subject to Full DRO approval. [Ord. 2019-034]

d.   Cottage Homes in MF Pod or Lot

If Cottage Homes are developed in an MF Pod or lot, they shall be developed in a cluster with open space that is commonly shared by the individual tenants or owners, subject to the following: [Ord. 2019-034]

1)   Rear Garage

May have garage and driveways located in the rear of each unit. [Ord. 2019-034]

2)   Open Space

The units shall front on a commonly owned open space with a minimum width of 75 feet, measuring from the front façade of each unit or front porch, whichever is applicable. [Ord. 2019-034]

3.   Family Community Residence
a.   Definition

A Community Residence that provides a relatively permanent living arrangement for five to ten people with disabilities which, in practice and/or under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in the dwelling unit on a long-term basis, of at least a year. A Family Community Residence emulates a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter; foster and facilitate life skills; and, meet the physical, emotional, and social needs of the residents in a mutually supportive family-like environment. Medical treatment is incidental, as in any home. [Ord. 2021-022]

b.   Typical Uses

Typical uses shall conform to the definition and include, but not are limited to the following: [Ord. 2021-022]

1)   Oxford House or other long-term housing for people in recovery from substance use disorder, and with no limit on tenancy in practice or in rules; [Ord. 2021-022]

2)   Community Residential Home (F.S. ch. 419); [Ord. 2021-022]

3)   Assisted Living Facility for the elderly or other people with disabilities (F.S. § 429.02(5)); [Ord. 2021-022]

4)   Adult Family-Care Home (F.S. § 429.60); [Ord. 2021-022]

5)   Intermediate Care Facility for people with developmental disabilities (F.S. § 400.960); [Ord. 2021-022]

6)   Housing licensed by F.S. ch. 394; [Ord. 2021-022]

7)   Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of Recovery Residences, typically Levels 1-2 certified homes, when residency is one year or longer; or, [Ord. 2021-022]

8)   Previously approved Type 1 CLF or Type 2 CLF for people with disabilities that meets the definition and requirements for a Family Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   CL/CH/CHO-MUPD, IND/L-PIPD, TND Residential Use Zone Exurban/Rural Tier, TMD U/S, Exurban/Rural Tiers, or AGR Development Area Zoning Districts

A Family Community Residence may be Permitted by Right within previously approved Single Family, Zero Lot Line, Cottage Homes, Townhouse, or Multifamily Dwelling units, subject to compliance with Licensing, Certification, or Charter, Occupancy, and Location. [Ord. 2021-022]

2)   DRO Approval

a)   CL/CH/CHO-MUPD Zoning Districts

A Family Community Residence may be allowed in a proposed Zero Lot Line, Townhouse, or Multifamily dwelling units, subject to the approval procedures for those housing types. [Ord. 2021-022]

3)   Type 2 Waiver

A Family Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

a)   Art. 4.B.1.C.3.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences or the Family Community Residence is not eligible for an Oxford House Charter. This does not apply when the Family Community Residence has been denied a license, certification, or Oxford House Charter, or it has been revoked; [Ord. 2021-022]

b)   Art. 4.B.1.C.3.e.2)a), Number of Residents, Including Staff That Reside in the Dwelling Unit, are more than ten, but still meets the definition of Family Community Residence; or, [Ord. 2021-022]

c)   Art. 4.B.1.C.3.f, Location, when the proposed Family Community Residence does not meet the minimum distance between other Community Residences, Recovery Communities, or Congregate Living Facilities. [Ord. 2021-022]

4)   Zoning Confirmation Letter

An Applicant proposing to have a Family Community Residence shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]

d.   Licensing, Certification, or Charter

1)   A Family Community Residence shall be licensed or certified by one of the licensing entities referenced in F.S. § 419.001, § 397.311, or § 397.487; or obtain an Oxford House Charter, as follows: [Ord. 2021-022]

a)   The appropriate available license, or certification that the State of Florida, or Florida Association of Recovery Residences, offers or requires to operate the proposed Family Community Residence, including any provisional license or certification issued prior to granting a full license or certification; pursuant to F.S. § 419.001, ch. 394, or § 397.487. [Ord. 2021-022]

b)   A “conditional” Oxford House Charter within 30-calendar days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180-calendar days after the “conditional” charter was issued. [Ord. 2021-022]

2)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Family Community Residence, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated state entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Family Community Residence must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

3)   An existing use that conforms to the definition of Family Community Residence, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, or has an Oxford House Charter as of the effective date of Ordinance No. 2021-022, shall provide proof of license, certificate, or charter to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]

4)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, or an Oxford House Charter will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Occupancy

1)   Residents of a Family Community Residence may include, but are not limited to non-dangerous persons who are: [Ord. 2021-022]

a)   Frail elders or other adults with disabilities (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons with developmental disabilities (F.S. § 393.063); [Ord. 2021-022]

d)   Persons who have a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]

g)   Residents of an Oxford House or persons recovering from a substance use disorder; or, [Ord. 2021-022]

h)   Staff who reside in the home as part of the Family Community Residence and play an integral part of emulating a family. [Ord. 2021-022]

2)   Number of Residents, Including Staff That Reside in the Dwelling Unit

a)   Minimum five and no more than ten residents; or [Ord. 2021-022]

b)   Minimum five and no more than 14 residents defined pursuant to F.S. § 419.001. [Ord. 2021-022]

f.    Location

A Family Community Residence shall be located at least 660 feet or seven lots whichever is greater, from another Community Residence, Recovery Community, or Congregate Living Facility. The separation requirement in this Section shall be measured in linear feet from the closest points between the property lines. [Ord. 2021-022]

1)   Exemption

Per State law, Family Community Residences for people with developmental disabilities located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt from the spacing requirements between Community Residences, Recovery Communities, and Congregate Living Facilities established in this Code. [Ord. 2021-022]

g.   Revocation

An operator must provide evidence of license, certificate, or charter prior to the expiration of the 12-month Zoning Confirmation Letter for Family Community Residence, as issued. An operator who has not received licensure, certification, or charter; or where a license, certification, or charter was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Family Community Residence shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the Family Community Residence shall return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

4.   Mobile Home Dwelling
a.   Definition

The use of a residential lot or unit for one Mobile Home.

b.   Principal Use

Only Mobile Home Dwellings located within the MHPD Zoning District, or within an existing approved Mobile Home Park, shall be treated as a principal use.

c.   Accessory Use – Bona Fide Agriculture

One Mobile Home structure may be allowed accessory to a principal Bona Fide Agriculture use.

1)   Lot Size

a)   AR (USA) and AGR Districts

A minimum of five acres.

b)   RR-2.5, RR-5, RR-10, and AP FLU Designation

A minimum of ten acres.

c)   RR-20 FLU Designation

A minimum of 20 acres.

2)   Setbacks

A minimum of 200 feet from a public street; 100 feet from all other property lines.

3)   Mobile Home Removal Agreement

A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of any Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the Bona Fide Agriculture operation ceases to exist.

5.   Multifamily
a.   Definition

The use of a structure designed for two or more dwelling units which are attached or the use of a lot for two or more dwelling units.

b.   Typical Uses

Typical uses include apartments and residential condominiums.

c.   Overlay – WCRAO

Multifamily is prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

d.   Zoning District

1)   TMD District

AGR-TMDs shall be exempt from the integration requirement and shall comply with the Development Order approved by the BCC.

2)   RM District

Multifamily units may be allowed in the RM Zoning District as follows: [Ord. 2017-025]

a)   MR-5 FLU Designation

(1)  Existing RM Zoning

The property was zoned RM prior to the 1989 adoption of the Plan. [Ord. 2021-006]

(2)  Approval Process

The approval process shall be as follows:

 

Table 4.B.1.C – Approval Process,

RM District with MR-5 FLU Designation

Process

Units

Class A Conditional Use

> 24

Class B Conditional Use

9-24

DRO

5-8

Permitted by Right

1-4

 

(3)  Development Order

Prior approvals for Multifamily units in the RM Zoning District with an MR-5 FLU designation shall be considered legal conforming uses.

b)   HR-8, HR-12, or HR-18 FLU Designation

Multifamily units on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9, Development Thresholds are triggered. [Ord. 2017-025]

c)   Limestone Creek

Multifamily units in the RM Zoning District shall be prohibited in the area bounded on the north by 184th Place North, on the south by the C-18 Canal, on the east by Central Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus Avenue (north of Church Street) and Limestone Creek Road (south of Church Street).

6.   Recovery Community
a.   Definition

Multiple dwelling units in Townhouses or Multifamily housing, or a group of Single Family or other detached dwellings, that are not held out to the general public for rent or occupancy, that provides a drug-free and alcohol-free mutually supportive living arrangement for people in recovery from substance use disorder, which, taken together, do not emulate a biological family and are under the auspices of a single entity or group of related entities. Recovery Communities include land uses for which the operator is eligible to apply for certification or licensing from the State of Florida. The term does not include any other group living arrangements for people who are not disabled nor any Community Residence, Congregate Living Facility, institutional or medical use, shelter, lodging or boarding house, extended-stay hotel, nursing home, vacation rental, or other use defined in this this Code. [Ord. 2021-022]

b.   Non-Conformities

1)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Recovery Community, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated State entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Recovery Community must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

2)   An existing use that conforms to the definition of Recovery Community, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, as of the effective date of Ordinance No. 2021-022, shall provide proof of license or certificate to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   Residential Pod – PUD within Townhouse or Multifamily Housing

A Recovery Community may be located within an existing or proposed pod for attached housing subject to the approval process for the specific housing structure, and compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

2)   RM Zoning District

A Recovery Community may be allowed in the RM Zoning District as follows: [Ord. 2021-022]

a)   MR-5 FLU Designation

(1)  Existing RM Zoning

The property was zoned RM prior to the 1989 adoption of the Plan. [Ord. 2021-022]

(2)  Previous Approval for Multifamily in the RM Zoning District with an MR-5 FLU Designation

A Recovery Community may be Permitted by Right when located within existing Multifamily units in the RM Zoning District with an MR-5 FLU designation, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. Where a Multifamily with five or more units does not exist, the Applicant shall seek approval for a Multifamily use pursuant to Art. 4.B.1.C.5.d.2), RM District. [Ord. 2021-022]

(3)  A proposed Recovery Community with a maximum of four units may be Permitted by Right in the RM Zoning District with an MR-5 FLU designation, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

b)   HR-8, HR-12, or HR-18 FLU Designation

A Recovery Community located on a parcel(s) with an HR-8, HR-12, or HR-18 FLU designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9, Development Thresholds are triggered, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

c)   Limestone Creek

A Recovery Community in the RM Zoning District shall be prohibited in the area bounded on the north by 184th Place North, on the south by the C-18 Canal, on the east by Central Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus Avenue (north of Church Street) and Limestone Creek Road (south of Church Street). [Ord. 2021-022]

3)   Type 2 Waiver

A Recovery Community may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the minimum distance between other Community Residences, Recovery Communities, or CLFs pursuant to Art. 4.B.1.C.1.e.2), Location. [Ord. 2021-022]

4)   Zoning Confirmation Letter

An Applicant proposing a Recovery Community shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location requirements. [Ord. 2021-022]

d.   Licensing or Certification

A Recovery Community shall be licensed or certified by one of the certifying entities referenced in F.S. § 397.487 and be actively managed by a certified recovery residence administrator. Certificate of Compliance and/or renewal shall be provided for application review. [Ord. 2021-022]

1)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Location

A proposed Recovery Community shall be located at least 1,200 feet or ten lots whichever is greater, from the closest Recovery Community, Community Residence, or Congregate Living Facility. [Ord. 2021-022]

1)   The separation requirement in this Section shall be measured in linear feet from property line to property line. [Ord. 2021-022]

2)   The separation requirement, when developed as a group of Single Family or other detached dwellings and located on separate adjacent lots, shall be measured in linear feet from the perimeter property lines of the combined lots to the property line of the closest Recovery Community, Community Residence, or Congregate Living Facility. [Ord. 2021-022]

f.    Revocation

An operator must provide evidence of licensure or certification prior to the expiration of the 12-month Zoning Confirmation Letter for Recovery Community, as issued. An operator who has not received licensure or certification; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Recovery Community shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the Recovery Community shall return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

7.   Single Family
a.   Definition

The use of a lot or a structure for one detached dwelling unit. [Ord. 2019-034]

8.   Townhouse
a.   Definition

A dwelling unit located on an individual lot and attached by at least one but no more than two party wall(s) along 50 percent of the maximum depth of the unit, to one or more dwelling units; has a continuous foundation; each on its own lot, with said party wall(s) being centered on the common property line(s) between adjacent lots.

b.   Approval Process – RS Zoning District

Townhouses shall only be allowed in the RS Zoning District on parcels with an LR-2 or higher FLU designation. Townhouses on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be allowed subject to DRO approval.

9.   Transitional Community Residence
a.   Definition

A Community Residence that provides a relatively temporary living arrangement for unrelated people with disabilities with a limit on length of tenancy less than a year which may be measured in weeks or months as determined either in practice or by the rules, charter, or other governing document of the Transitional Community Residence. A Transitional Community Residence may service residents with substance use disorder who may be undergoing detoxification at another location. A Transitional Community Residence emulates a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter; foster and facilitate life skills; and, meet the physical, emotional, and social needs of the residents in a mutually supportive family-like environment. Medical treatment is incidental, as in any home. Transitional Community Residences include, but are not limited to, those residences that comport with this definition that are licensed by the Florida Agency for Persons with Disabilities, the Florida Department of Elder Affairs, the Florida Agency for Health Care Administration, and the Florida Department of Children and Families, under F.S. ch. 419, and Recovery Residences certified by the State’s designated credentialing entity established under F.S. § 397.487. [Ord. 2021-022]

b.   Typical Uses

Typical uses shall conform to the definition, with less than one year of tenancy, and include but are not limited to the following: [Ord. 2021-022]

1)   Halfway houses for people with disabilities that emulate a family, including people with illness, substance use disorder, physical disabilities, or mental illness; [Ord. 2021-022]

2)   Community Residential Facility licensed under F.S. ch. 419; [Ord. 2021-022]

3)   Housing licensed by F.S. ch. 394 with only outpatient treatment; [Ord. 2021-022]

4)   Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of Recovery Residences, typically Levels 1-4 certified homes, when residency is less than one year; [Ord. 2021-022]

5)   Short-term group home; [Ord. 2021-022]

6)   The Community Housing component associated with a day or night residential treatment center licensed under F.S. § 397.311; or, [Ord. 2021-022]

7)   Previously approved Type 1 CLF or Type 2 CLF for people with disabilities with less than one year of tenancy and meeting the definition of Transitional Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO shall meet the following: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)a)(1), Occupancy, maximum six residents defined pursuant to F.S. § 419.001; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

b)   IRO, UC, UI, or RM Zoning Districts; or existing attached housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts shall meet the following: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)b), Occupancy; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

2)   Type 2 Waiver

a)   Use Approval

A Transitional Community Residence, when the residents are not defined pursuant to F.S. § 419.001, shall request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, to allow the use within the AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO subject to the following requirements: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing or Certification; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)a)(2), Occupancy; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

(4)  An Applicant may seek additional Type 2 Waivers, when the Transitional Community Residents does not meet the requirements of one or more of the following: [Ord. 2021-022]

(a)  Art. 4.B.1.C.9.d, Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)a)(2), Occupancy, when the number of residents including staff that reside in the dwelling unit, are more than ten, but still meet the definition of Transitional Community Residence; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from other Community Residences, Recovery Communities, or Congregate Living Facilities. [Ord. 2021-022]

b)   A Transitional Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

(1)  AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO

(a)  Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or the Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)a)(1), Number of Residents, including staff that reside in the dwelling unit, are more than six but not exceeding 14 residents; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from the closest Community Residence, Recovery Community, or Congregate Living Facility. [Ord. 2021-022]

(2)  IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts

A Transitional Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

(a)  Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)b)(1), Number of Residents, including staff that reside in the dwelling unit, are more than ten, but still meets the definition of Transitional Community Residence; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from the closest Community Residence, Recovery Community, or Congregate Living Facility. [Ord. 2021-022]

3)   Zoning Confirmation Letter

An Applicant proposing to establish a Transitional Community Residence shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]

d.   Licensing, Certification, or Charter

1)   A Transitional Community Residence shall be licensed or certified by one of the licensing entities referenced in F.S. § 419.001, § 397.311, or § 397.487; as follows: [Ord. 2021-022]

a)   The appropriate available license or certification that the State of Florida or Florida Association of Recovery Residences, offers or requires to operate the proposed Transitional Community Residence, including any provisional license or certification issued prior to granting a full license or certification pursuant F.S. § 419.001, § 397.311, or § 397.487. [Ord. 2021-022]

2)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Transitional Community Residence, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated State entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Transitional Community Residence must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

3)   An existing use that conforms to the definition of Transitional Community Residence, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, as of the effective date of Ordinance No. 2021-022, shall provide proof of license or certificate to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or, [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]


4)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Occupancy

1)   Residents of a Transitional Community Residence may include but are not limited to: [Ord. 2021-022]

a)   Frail elders or other people with disabilities (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons with development disabilities (F.S. § 393.063); [Ord. 2021-022]

d)   Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]

g)   Persons recovering from substance use disorder; [Ord. 2021-022]

h)   Staff who reside in the home of the Transitional Community Residence and play an integral part of emulating a family. [Ord. 2021-022]

2)   Number of Residents, Including Staff That Reside on the Property

a)   AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD Zoning Districts

(1)  Maximum six residents defined pursuant to F.S. § 419.001; [Ord. 2021-022]

(2)  Residents not defined pursuant to F.S. § 419.001 require a Type 2 Waiver to allow the use with a minimum of five and a maximum of ten residents. [Ord. 2021-022]

b)   IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts

(1)  Minimum five and a maximum of ten; or [Ord. 2021-022]

(2)  Minimum five and a maximum of 14 for residents defined pursuant to F.S. § 419.001. [Ord. 2021-022]

f.    Location

A Transitional Community Residence shall be located at least 660 feet or seven lots whichever is greater, from another Community Residence, Recovery Community, or Congregate Living Facility. The separation requirement in this Section shall be measured in linear feet from property line to property line. [Ord. 2021-022]

1)   Exemption

Per State law, Transitional Community Residences for people with developmental disabilities located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt from the spacing requirements between Community Residences, Recovery Communities, and Congregate Living Facilities established in this Code. [Ord. 2021-022]

g.   Revocation

An operator must provide evidence of a license or certificate prior to the expiration of the 12-month Zoning Confirmation Letter for Transitional Community Residence, as issued. An operator who has not received licensure or certification; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Transitional Community Residence shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and shall either return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

10.  Zero Lot Line Home (ZLL)
a.   Definition

The use of a lot for one detached dwelling unit with at least one wall, but not more than two walls or a portion thereof, located directly adjacent to a side lot line.

b.   Approval Process – RS Zoning District

A ZLL Home shall only be allowed in the RS Zoning District with an LR-2 or higher FLU designation. ZLL Homes on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be allowed subject to DRO approval.

D.   General Standards for Accessory Uses

Accessory uses shall comply with the specific Supplementary Use Standards contained in this Section.

1.   Corresponding Accessory Use to a Principal Use

Accessory uses identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use, shall be:

a.   Permitted by Right unless stated otherwise; and

b.   Allowed to the corresponding principal use in the Table.

 

Table 4.B.1.D – Corresponding Accessory Use to a Principal Use

Accessory Use

Principal Use

Mobile Home Dwelling

Multifamily

Single Family

Townhouse

Zero Lot Line

Bona Fide Agriculture

Stable, Commercial/ Stable, Private

Agricultural Uses

Commercial Uses

Industrial Uses

Institutional, Public, and Civic Uses

Recreation Uses

Utility and Excavation Uses

Transportation Uses

Accessory Quarters

-

-

P

P

P

-

-

-

-

-

-

-

-

-

Caretaker Quarters

-

-

-

-

-

P

P

P

P

P

P

P

P

P

Estate Kitchen

-

-

P

-

P

-

-

-

-

-

-

-

-

-

Family Day Care Home

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Farm Residence (2)

-

-

-

-

-

P (1)

-

-

-

-

-

-

-

-

Farm Workers Quarters

-

-

-

-

-

P

-

-

-

-

-

-

-

-

Garage Sale

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Groom’s Quarters

-

-

-

-

-

-

A

-

-

-

-

-

-

-

Guest Cottage

-

-

P

P

P

-

-

-

-

-

-

-

-

-

Home Occupation

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Kennel, Type 1

-

-

P

-

-

-

-

-

-

-

-

-

-

-

Limited Pet Boarding

-

-

A (3)

-

-

-

-

-

-

-

-

-

-

-

[Ord. 2018-002] [Ord. 2018-018] [Ord. 2020-001]

Notes:

-

Accessory use not allowed.

P

Permitted by Right.

A

Accessory use subject to Class A Conditional Use unless stated otherwise—See principal use and accessory use supplementary standards.

1.

Farm Residence may only be accessory to Bona Fide Agriculture in the AGR and AP Zoning District.

2.

Accessory uses to Single Family are Permitted by Right to a Farm Residence.

3.

Limited Pet Boarding shall be allowed in the AGR and AR/RSA and AR/USA Zoning Districts only.

 

2.   Property Development Regulations (PDRs)

Accessory residential uses shall be subject to the PDRs of the zoning district in which the use is located unless stated otherwise.

3.   Ownership

Accessory residential uses shall remain under the same ownership of the principal use and shall not be subdivided or sold as a condominium.

4.   Duplicate Use

Provided all other applicable standards in the Code are met, a principal use shall be allowed to have no more than one of each of the accessory uses listed in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use, unless stated otherwise.

5.   Discontinuation of Use

An accessory use shall continue only as long as the principal use that it serves remains active.

E.   Accessory Residential Use Standards

1.   Accessory Quarters
a.   Definition

A complete, separate living facility equipped with a kitchen and provisions for sanitation and sleeping, located on the same lot as the owner-occupied principal dwelling.

b.   Building Area

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

3)   The floor area calculation shall include only the living area of the Accessory Quarters under a solid roof.

4)   Additional floor area under a solid roof that is utilized as a porch, patio, porte-cochère, carport, or garage shall not exceed 500 square feet.

c.   Compatibility

The Accessory Quarters shall be architecturally compatible in character and materials with the principal dwelling.

d.   Kitchen Facilities Removal

An agreement to remove all kitchen equipment shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of any Building Permit. The agreement shall require the kitchen to be removed if the principal dwelling is no longer owner occupied.

e.   No Separate Utility Service

There shall be no separate meters for any utilities. Both, the principal dwelling and the accessory dwelling shall be connected to the same utilities.

f.    Design and Development Standards – Townhouse or Zero Lot Line

A detached Accessory Quarters associated with a Townhouse or a Zero Lot Line shall be located in the rear of the lot with access from a street or alley.

2.   Caretaker Quarters
a.   Definition

An accessory residence used by a caretaker engaged in providing security, custodial, or managerial services upon the premises.

b.   Building Area, Except When Accessory to Government Facilities

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

c.   Occupancy

A Caretaker Quarters shall be for the exclusive use of the site on which it is located and shall be occupied only by the custodian or caretaker and their family.

d.   Temporary Use

Unless stated otherwise, a Caretaker Quarters use shall not be allowed in association with a Temporary Use.

e.   Mobile Home

A Mobile Home may be used for a Caretaker Quarters only in the AGR, AP, AR, IL, IG, PO, IPF, and MHPD districts. A Mobile Home used in the AGR, AP, or AR districts, shall be subject to the minimum acreage requirement pursuant to Art. 4.B.1.C.4.c, Accessory Use – Bona Fide Agriculture. [Ord. 2018-002]

f.    Mobile Home Removal Agreement

A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the principal use ceases to exist.

3.   Estate Kitchen
a.   Definition

A second kitchen located within a principal Single Family, Zero Lot Line, or Farm Residence.

b.   Conversion to Duplex Prohibited

A secondary kitchen may be added provided there shall not be the presence of a second complete and separate living environment associated with the secondary kitchen.

4.   Family Day Care Home
a.   Definition

An occupied residence in which custodial care is rendered to one to six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit, consistent with F.S. § 125.0109 as amended.

b.   Signage

Signs shall not be permitted.

5.   Farm Residence
a.   Definition

A dwelling unit, other than a Mobile Home, located on a parcel of land used for a Bona Fide Agriculture use and occupied by the owner or operator of the farm operation.

b.   Principal Dwelling

One principal dwelling shall be permitted for each bona fide farm operation.

6.   Farm Workers Quarters
a.   Definition

One or more residential structures providing a complete living environment, occupied by farm workers who provide labor in conjunction with a Bona Fide Agriculture operation.

b.   Building Area

One Farm Workers Quarters may be allowed for each 25 acres, subject to the following:

1)   Limited to a maximum of four beds; and

2)   The structure shall not exceed 1,000 square feet of GFA under a solid roof.

c.   AGR Tier

AGR-PUD or TMD Preserves shall be allowed one dwelling unit per acre provided such units are clustered onto a single compact area of the preserve and are restricted to occupancy by farm workers. Farm Workers Quarters shall not be located on property in the AGR Tier to which no residential density is assigned by the FLU designation.

d.   Mobile Home Removal Agreement

A Mobile Home may be used for a Farm Workers Quarters. A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the Bona Fide Agriculture operation ceases to exist.

7.   Garage Sale
a.   Definition

Temporary sale of household articles, in the front yard or garage of a dwelling unit, by the occupant.

b.   Duration

A maximum of 72 hours.

c.   Number of Sales

A maximum of two per year per dwelling unit.

8.   Groom's Quarters
a.   Definition

On-site living quarters for persons responsible for grooming and caring for horses boarded at a Stable.

b.   Zoning Districts – AGR-PUD or AGR-TMD

1)   20 Groom’s Quarters may be allowed on the Preservation Area of an AGR-PUD or AGR-TMD.

2)   For more than 20 Groom’s Quarters, the allowable density shall be decreased by one unit for each Groom’s Quarter and shall not exceed a maximum reduction of one-half of the number of dwelling units associated with the Preservation Area.

c.   Number of Groom’s Quarters

1)   20 Acres or Less

One Groom’s Quarters may be allowed for every four horse stalls.

2)   More Than 20 Acres

One Groom’s Quarters may be allowed for every three horse stalls.

d.   Building Area

1)   Each Unit

Each Groom’s Quarters shall not exceed 500 square feet of GFA per unit.

2)   20 Acres or Less

The total GFA for all Groom’s Quarters shall not exceed 5,000 square feet per lot.

3)   Occupancy

Shall be limited to on-site employees and members of the employees’ family only.

e.   Approval Process

 

Table 4.B.1.E – Groom’s Quarters

Process

Number of Groom’s Quarters Permitted

Class A Conditional Use

≥ 101

Class B Conditional Use

21-100

DRO

5-20

Permitted by Right

4 max.

 

f.    Kitchen Facilities Removal

Groom's Quarters may contain individual cooking facilities and/or one common dining facility. An agreement to remove all kitchen equipment shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit for the Groom’s Quarters. The agreement shall require the kitchen to be removed within 90 days of the unit ceasing to operate as a Groom’s Quarters.

9.   Guest Cottage
a.   Definition

An accessory sleeping quarters provided for non-paying guests by the owner/occupant of a principal dwelling unit.

b.   Building Area

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

3)   The floor area calculation shall include only the living area of the Guest Cottage under a solid roof.

4)   Floor area under a solid roof that is utilized as a porch, patio, porte-cochère, or carport shall not exceed 500 square feet of GFA.

c.   Kitchen or Cooking Facilities

There shall be no kitchen or cooking facilities in a Guest Cottage.

d.   Compatibility

A Guest Cottage shall be architecturally compatible in character and materials with the principal dwelling unit.

e.   No Separate Utility Service

There shall be no separate meters for any utilities. Both the principal dwelling and the Guest Cottage shall be connected to the same utilities.

10.  Home Occupation
a.   Definition

A business, profession, occupation, trade, artisan, or handcraft conducted in a dwelling unit for commercial gain by a resident of the unit. A Home Occupation shall not include those businesses that are open to the public including those required by State of Florida agencies.

b.   Incidental Nature

Shall be clearly incidental and subordinate to the residential use of the dwelling property.

c.   Location

With the exception of outdoor instructional services, a Home Occupation shall be conducted within the principal dwelling or off site, and shall not be conducted within any accessory building or structure or within any open porch or carport that is attached to and part of the principal structure. Instructional services, which by their nature must be conducted outside of the principal structure, such as swimming lessons, shall be located in a rear or side yard.

d.   No Change to Character of Dwelling

The residential character of the dwelling in terms of exterior appearance and interior space shall not be altered or changed to accommodate a Home Occupation.

e.   Employees

Shall be conducted by members of the immediate family residing in the dwelling unit only. A maximum of one person who is not a member of the immediate family may assist in the operation of the Home Occupations at the residence.

f.    Advertising

No external evidence or sign shall advertise, display, or otherwise indicate the presence of the Home Occupation, nor shall the street address of the Home Occupation be advertised through signs, billboards, television, radio, or newspapers. Advertising on vehicles shall be limited to the minimum necessary to meet requirements mandated by F.S. ch. 489 or Chapter 67-1876 of the PBC Contractor’s Certification Division Manual.

g.   Cottage Foods

No food preparation shall be allowed, except as allowed in accordance with F.S. § 500.80, Cottage Food Operations, as amended.

h.   On-Premise Sale of Goods and Services

A Home Occupation shall not involve the sale of any stock, trade, supplies, products, or services on the premises, except for instructional services or incidental retail sales where the Home Occupation is a mail-order or internet business.

i.    Instructional Services

Instructional services shall meet the following additional regulations:

1)   Home Instruction, Inside

Teaching which takes place inside the dwelling unit of the instructor. Typical instruction includes music lessons and academic tutoring.

2)   Home Instruction, Outside

Teaching which takes place outside the dwelling unit, on the property of the instructor. This type of instruction is limited to subject matter which necessitates outside instruction. Typical instruction includes tennis, swimming lessons, dog training, and equestrian lessons.

3)   Hours of Operation

Instruction shall occur only between the hours of 9:00 a.m. and 8:00 p.m. daily.

4)   Number of Students

A maximum of three students at a time may be allowed to receive instruction during a lesson.

5)   Parking

No more than two vehicles associated with the lessons may be allowed to be parked at the instructor's home at any time.

6)   Resident

The instruction must be conducted by a resident of the dwelling where lessons are provided. Only one instructor may be allowed to provide instruction.

j.    Home Occupation in the AR/RSA

Additional standards and approval process apply to Home Occupation with limited Landscape Service or limited Contractor Storage Yard pursuant to this Article. [Ord. 2018-018]

k.   Outside Storage

No equipment or materials used in the Home Occupation shall be stored or displayed outside of the dwelling, including driveways.

l.    Nuisances

No Home Occupation shall involve the use of any mechanical, electrical, or other equipment, materials, or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor, or other nuisance outside the residential building. There shall be no storage of hazardous or noxious materials on the site of the Home Occupation. [Ord. 2019-034]

m.  Violations or Hazard

If any of the above requirements are violated, or if the use, or any part thereof, is determined by the Zoning Director to create a health or safety hazard, then the Business Tax Receipt may be revoked.

n.   Vehicles

One business-related vehicle per dwelling unit not over one ton rated capacity may be parked at the home, provided the vehicle is registered to a resident of the dwelling; commercial vehicles are prohibited.

11.  Kennel, Type 1
a.   Definition

A residential lot with a Single Family dwelling designed or arranged to facilitate the non-commercial care of domestic dogs and cats, owned by the occupants of the premises.

b.   Private Non-Profit

A Type 1 Kennel may include a private non-profit animal organization that is not open to the public. A PBCACC Excess Animal Habitat permit shall be prohibited.

c.   Hobby Breeder

A person who breeds up to two litters of dogs or cats or 19 dogs or cats per one-year period, on their property. A Hobby Breeder is further defined and regulated by the PBCACC pursuant to Ordinance No. 98-22, as amended.

12.  Limited Pet Boarding
a.   Definition

A Single Family dwelling with accessory boarding of domestic cats or dogs not owned by the occupants of the premises.

b.   Approval Process

The use shall be subject to Class A Conditional Use approval process in the AGR and AR/RSA and AR/USA Zoning Districts pursuant to Art. 2, Application Processes and Procedures. In addition, the Applicant shall submit simultaneously with the Class A Conditional Use application a letter from ACC confirming the Applicant’s intent to develop the proposed use in the specific location.

c.   Lot Size

A minimum of one acre.

d.   Separation Distance

Shall not be located within a radius of 1,000 feet of another Limited Pet Boarding use. The separation distance shall be measured from property line to property line.

e.   Maximum Number

No more than a total of seven cats or dogs shall be boarded at any given time. The total number of cats and dogs boarded and owned by the resident of the Single Family dwelling shall not exceed the maximum limits for dogs and cats established by Animal Care and Control pursuant to Sec. 4-22 of the PBC Code.

f.    Boarding

Cats or dogs shall be boarded within the Single Family structure except when outdoor activities take place. Boarding operations not conducted within the Single Family dwelling, but in an accessory structure, must be a legally conforming use as of October 1, 2016.

g.   Hours

1)   Outdoor activities shall be limited to 7:00 a.m. and 9:00 p.m. unless under the restraint or control of a person by means of a leash.

2)   Business hours including drop-off and pick-up shall be between 6:00 a.m. to 7 p.m.

h.   Outdoor Areas

1)   Cats and dogs shall be personally supervised during the outdoor activity; and

2)   Shall be set back a minimum of 25 feet from all property lines.

i.    Signage

No signage shall be allowed to advertise the Limited Pet Boarding use.

j.    ACC Permit

The operator of the use shall obtain Zoning approval prior to application for an Operational Permit by the ACC.


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Section 2         Commercial Uses

A.   Commercial Use Matrix

 

Table 4.B.2.A – Commercial Use Matrix

 

 

Standard Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R