By accessing the information, data and materials or related graphics in Palm Beach County's Web pages containing the Unified Land Development Code (ULDC), you hereby agree to accept the following terms and conditions in the Disclaimer. Entire Disclaimer.
View PPM
Article 4
Use Regulations
(Continued)
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
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] [Ord. 2023-011]
|
|
Use
Approval Process Key:
|
|
Permitted by Right
|
|
Subject to DRO approval
|
|
Subject to BCC approval
(Class A Conditional Use)
|
|
Subject to Zoning
Commission approval (Class B Conditional Use)
|
|
Prohibited use, unless
stated otherwise within Supplementary Use Standards
|
|
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.
|
|
The only residential use
allowed in the RM or the PUD Zoning Districts, that has a CLR FLU
designation, is a Congregate Living Facility (CLF). [Ord. 2019-005] [Ord.
2021-022]
|
|
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]
|
|
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 Use
Standards of the specific use. [Ord. 2021-023]
|
(This page
intentionally left blank)
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.
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 non-residents. [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]
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]
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 Home, 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]
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]
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]
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]
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.
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.
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,
and for lots less than three acres, provided that the proposed Multifamily
development does not introduce Multifamily housing into a subdivision that is
exclusively Single Family. [Ord. 2021-006]
[Ord. 2023-009]
(2) Density Bonus
The property is three acres or greater, utilizes the Transfer of
Development Rights and/or Workforce Housing Program to increase density, and
provided that the proposed Multifamily development does not introduce
Multifamily housing into a subdivision that is exclusively Single Family. [Ord. 2023-009]
(3) Approval Process
The approval process shall be as follows:
(a) Permitted by
Right for projects with one to four dwelling units; [Ord. 2023-009]
(b) DRO for
projects with five to eight dwelling units; [Ord. 2023-009]
(c) Class B
Conditional Use for projects with nine to 24 dwelling units; [Ord. 2023-009]
(d) Class A
Conditional Use for projects with 25 or greater dwelling units. [Ord. 2023-009]
(4) 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).
d) Multifamily
Units in Single Family Subdivisions
Multifamily units in the RM Zoning District shall not be
approved on lots less than three acres within an existing exclusively Single
Family subdivision. [Ord. 2023-009]
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]
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]
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]
a. Definition
The use of a lot or a
structure for one detached dwelling unit. [Ord.
2019-034]
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.
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]
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]
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]
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.
Accessory uses shall comply with the specific Supplementary Use
Standards contained in this Section.
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 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accessory residential uses shall be subject to the PDRs of the zoning
district in which the use is located unless stated otherwise.
Accessory residential uses shall remain under the same ownership
of the principal use and shall not be subdivided or sold as a condominium.
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.
An accessory use shall continue only as long as the principal
use that it serves remains active.
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.
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.
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.
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.
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.
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.
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.
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 Quarters 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
|
|
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.
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.
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.
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.
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.
(This page
intentionally left blank)
(This page
intentionally left blank)
(This page
intentionally left blank)
Table 4.B.2.A – Commercial Use Matrix
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
-
|
-
|
Adult Entertainment
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
P
|
P
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
-
|
-
|
P
|
-
|
-
|
P
|
P
|
-
|
-
|
Auction, Indoor
|
2
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
Auction, Outdoor
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Bed and Breakfast
|
3
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
A
|
-
|
D
|
-
|
-
|
D
|
-
|
-
|
-
|
Car Wash
|
4
|
-
|
D
|
-
|
-
|
-
|
A
|
D
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
-
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
P
|
P
|
-
|
-
|
Catering Service
|
5
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
D
|
P
|
D
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
-
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
D
|
D
|
A
|
D
|
A
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
Cocktail Lounge
|
6
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Commercial Communication Tower – See
Approval Process in Table 4.B.9.A.
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
B
|
-
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Convenience Store
|
7
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
P
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
D
|
-
|
D
|
P
|
P
|
-
|
-
|
Dispatching Service
|
8
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
P
|
-
|
D
|
-
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
P
|
-
|
-
|
-
|
Dog Day Care
|
9
|
-
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
P
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
A
|
P
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
Financial Institution
|
10
|
-
|
A
|
-
|
-
|
-
|
A
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
A
|
A
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
Financial Institution with Drive-Through
Facilities
|
11
|
-
|
A
|
-
|
-
|
-
|
A
|
D
|
A
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
D
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
Financial Institution – Freestanding ATM
|
12
|
-
|
D
|
-
|
-
|
-
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Flea Market, Indoor
|
13
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Flea Market, Outdoor
|
14
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034]
[Ord. 2021-023] [Ord. 2023-011] [Ord. 2023-012]
|
|
Use
Approval Process Key:
|
Table 4.B.2.A – Commercial Use Matrix
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
Gas and Fuel Sales, Retail
|
15
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
Green Market
|
16
|
-
|
D
|
-
|
-
|
-
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Hotel or Motel
|
17
|
-
|
A
|
-
|
-
|
-
|
-
|
P
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
|
-
|
B
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Kennel, Type 2 (Commercial)
|
18
|
-
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
P
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
Kennel, Type 3 (Commercial Enclosed)
|
19
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
B
|
-
|
B
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
P
|
P
|
-
|
-
|
Landscape Service
|
20
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
P
|
D
|
D
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
A
|
-
|
A
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
A
|
-
|
A
|
-
|
-
|
A
|
A
|
-
|
-
|
Laundry Service
|
21
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
B
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
P
|
P
|
D
|
-
|
Marina
|
22
|
-
|
A
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
P
|
A
|
P
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
|
D
|
P
|
P
|
-
|
-
|
-
|
P
|
-
|
Medical or Dental Office
|
23
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
P
|
P
|
-
|
-
|
-
|
D
(3)
|
-
|
D
(3)
|
D
|
D
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
Office, Business or Professional
|
24
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
P
|
-
|
Parking, Commercial
|
25
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Pawnshop
|
26
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
P
|
-
|
P
|
P
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Personal Services
|
27
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
D
|
A
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
P
|
P
|
P
|
-
|
Repair and Maintenance, Heavy
|
28
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
D
|
-
|
D
|
D
|
A
|
D
|
A
|
A
|
-
|
D
|
-
|
-
|
P
|
P
|
-
|
-
|
Repair and Maintenance, Light
|
29
|
-
|
A
|
-
|
-
|
-
|
D
|
P
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
D
|
P
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
D
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2021-039]
[Ord. 2023-011]
|
|
Use
Approval Process Key:
|
Table 4.B.2.A – Commercial Use Matrix
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
-
|
P
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
|
-
|
D
|
-
|
-
|
P
|
-
|
P
|
-
|
Repair Services, Limited
|
30
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
A
|
D
|
D
|
D
|
D
|
D
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
Restaurant, Type 1
|
31
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
D
|
-
|
D
|
A
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Restaurant, Type 2
|
32
|
-
|
A
|
-
|
-
|
-
|
A
|
D
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
-
|
P
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Retail Sales
|
33
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Rooming and Boarding House
|
34
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
A
|
D
|
-
|
-
|
-
|
Self-Service Storage, Limited Access
|
35
|
-
|
A
|
-
|
-
|
-
|
A
|
D
|
-
|
-
|
-
|
D
|
-
|
A
|
-
|
D
|
D
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
D
|
-
|
-
|
-
|
Self-Service Storage, Multi-Access
|
35
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
D
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Single Room Occupancy (SRO)
|
36
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
Theater and Performance Venue
|
37
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
Vehicle or Equipment Sales and Rental, Heavy
|
38
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
D
|
D
|
-
|
D
|
-
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
Vehicle Sales and Rental, Light
|
39
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
A
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
P
|
A
|
P
|
D
|
P
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
P
|
-
|
-
|
-
|
Veterinary Clinic
|
40
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
|
D
|
D
|
D
|
A
|
P
|
P
|
P
|
P
|
Vocational Institution
|
41
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
-
|
P
|
-
|
P
|
P
|
A
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
D
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
Work/Live Space
|
42
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
|
|
Use
Approval Process Key:
|
(This page
intentionally left blank)
1. Bay Doors
Unless stated otherwise in this Article or Art. 6.E, Loading
Standards, service bay doors shall not face any residential use, or vacant
parcel of land with a residential FLU designation, except as follows:
a. When separated
by an Arterial or Collector Street a minimum of 80 feet in width.
b. When separated
by a Local Commercial Street, provided the R-O-W Buffer is upgraded to include
a minimum six-foot-high hedge.
c. When separated
by a parcel with a non-residential use
such as utilities, canal R-O-W, easements, FDOT, or County drainage, a
minimum of 80 feet in width, subject to the provision of a Type 3
Incompatibility Buffer with a continuous two-foot-high berm. The required wall
shall be placed on the top of the berm. Canopy trees shall be one and one-half times
the required tree quantity.
d. Requests for a
Type 2 Variance from bay door regulations may be allowed in accordance with Art. 2, Application
Processes and Procedures.
e. When
residential uses are within the same MUPD and not vertically integrated, the
non-residential structure with the bay doors shall be separated from a
residential structure by a minimum of 50 feet and screened from view. [Ord. 2019-005]
a. Establishment
Any adult arcade, adult
theater, adult bookstore/adult video store, adult motel, or adult dancing
establishment; or any establishment or business operated for commercial gain
where any employee, operator, or owner exposes his/her specified anatomical
area for viewing by patrons, including but not limited to: massage
establishments whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or
lingerie studios. The following definitions and Supplementary Use Standards
shall apply to all Adult Entertainment establishments:
b. Definitions
The following
definitions apply for the purposes of the Adult Entertainment establishment
provisions of this Code.
1) Adult Arcade
Any place or
establishment operated for commercial gain, which invites or permits the public
to view adult material. For purposes of this Code, “adult arcade” is included
within the definition of “adult theater.”
2) Adult
Bookstore/Adult Video Store
An establishment which
sells, offers for sale, or rents adult material for commercial gain and which
meets either of the following two criteria:
a) More than 30 percent of the gross public
floor area is devoted to adult material; or
b) More than 30 percent of the stock in trade
consists of adult material.
3) Adult Booth
A small enclosed or
partitioned area inside an Adult Entertainment establishment which is: (1)
designed or used for the viewing of adult material by one or more persons; and
(2) is accessible to any person, regardless of whether a fee is charged for
access. The term “adult booth” includes, but is not limited to, a “peep show”
booth, or other booth used to view adult material. The term “adult booth” does
not include a foyer through which any person can enter or exit the
establishment, or a restroom.
4) Adult Dancing
Establishment
An establishment
selling, serving, or allowing consumption of alcoholic beverages, where
employees display or expose specified anatomical areas to others, regardless of
whether the employees actually engage in dancing.
5) Adult
Entertainment
a) Any adult
arcade, adult theater, adult bookstore/adult video store, adult motel, or adult
dancing establishment; or any establishment or business operated for commercial
gain where any employee, operator, or owner exposes his/her specified
anatomical area for viewing by patrons, including but not limited to: massage
establishments whether or not licensed pursuant to F.S. ch. 480, tanning salons,
modeling studios, or lingerie studios.
b) Excluded from this definition are any
educational institutions where the exposure of the specified anatomical area is
associated with a curriculum or program.
c) An establishment that possesses an Adult Entertainment
license is presumed to be an Adult Entertainment establishment.
6) Adult Material
Any one or more of the following, regardless of whether it is
new or used:
a) Books, magazines, periodicals, or other
printed matter; photographs, films, motion pictures, video cassettes, slides,
or other visual representations; recordings or other audio matter; and,
novelties or devices which have as their primary or dominant theme subject
matter depicting, exhibiting, illustrating, describing, or relating to
specified sexual activities or specified anatomical areas; or
b) Instruments, novelties, devices, or
paraphernalia which are designed for use in connection with specified sexual
activities.
7) Adult Motel
A hotel, motel, or
similar commercial establishment which offers accommodations to the public for
any form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions which are characterized by the depiction or
description of “specified sexual activities” or “specified anatomical areas;”
and has a sign visible from the public streets which advertises the
availability of this adult type of photographic reproductions.
8) Adult Theater
An establishment
operated for commercial gain which consists of an enclosed building, or a
portion or part thereof, or an open-air area used for viewing of adult
material. “Adult motels,” “adult arcade,” “adult booth” and “adult motion
picture theater” are included within the definition of “adult theater.” An
establishment which has “adult booths” is considered to be an “adult theater.”
9) Adult Video
Store
See Adult Bookstore.
10) Commercial Gain
Operated for pecuniary
gain, which shall be presumed for any establishment which has received a
Business Tax Receipt. For the purpose of this Code, commercial or pecuniary
gain shall not depend on actual profit or loss.
11) Educational
Institution
A premises or site
within a municipality or within the unincorporated area of PBC upon which there
is a governmentally licensed child care facility for six or more children, or
elementary or secondary (K-12) school, attended in whole or in part by persons
under 18 years of age.
12) Employee
Any person who works,
performs, or exposes his/her specified anatomical areas in an establishment, irrespective
of whether said person is paid a salary or wages by the owner or manager of the
business, establishment, or premises. “Employee” shall include any person who
pays any form of consideration to an owner or manager of an establishment, for
the privilege to work performing or exposing his/her specified anatomical areas
within the establishment.
13) Person
Includes an
individual(s), firm(s), association(s), joint ventures(s), partnership(s),
estate(s), trust(s), business trust(s), syndicate(s), fiduciary(ies),
corporation(s), and all other or any other similar entity.
14) Religious
Activities
Any daily, weekly, or
periodic activity associated with or that occurs at a religious institution.
15) Religious
Institution
A premises or site
which is used primarily or exclusively for religious worship and related
religious ecclesiastical or denominational organization or established place of
worship, retreat site, camp, or similar facilities owned or operated by a bona fide religious group for religious
activities shall be considered a religious institution.
16) Specified Anatomical Areas
Less than completely
and opaquely covered:
a) Human genitals and pubic region; or
b) The opening between the human buttocks, i.e.
the anal cleft; or
c) That portion of the human female breast
encompassed within an area falling below the horizontal line one would have to
draw to intersect a point immediately above the top of the areola (the
colored ring around the nipple); this definition shall include the entire lower
portion of the female breast, but shall not include any portion of the cleavage
of the human female breast exhibited by a dress, blouse, shirt, leotard,
bathing suit, or other wearing apparel, provided the areola is not so exposed;
or
d) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
17) Specified Sexual Activities
a) Human genitals in a state of sexual stimulation,
arousal, or tumescence; or
b) Acts of human anilingus, bestiality, buggery,
cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism,
masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual
intercourse, or sodomy; or
c) Fondling or other erotic touching of human
genitals, pubic region, buttock, anus, or female breast; or
d) Excretory functions as part of or in
connection with any of the activities set forth in Art. 4.B.2.C.1.b.16), Specified Anatomical
Areas and this Subsection.
c. Exclusions
Excluded from this
definition are any educational institutions where the exposure of the specified
anatomical area is associated with a curriculum or program.
1) An
establishment that possesses an Adult Entertainment license as indicated in Art. 4.B.2.C.1.n.1)c),
is presumed to be an Adult Entertainment establishment.
2) An Adult
Entertainment use approved by the DRO, after March 2, 2017, shall hold a valid
Adult Entertainment license pursuant to the
“Adult Entertainment Code,” Chapter 17,
Article V of the PBC Code,
as may be amended, prior to issuance of a Business Tax Receipt.
e. Review and Approval Process
1) Applications
for new Adult Entertainment establishments or legal non-conforming
establishments exceeding the thresholds in Art. 1.F, Non-Conformities,
shall be subject to DRO approval.
2) An Adult
Entertainment establishment shall be exempt from the requirements under
Development Thresholds in this Article or any thresholds in this Code that
require the use to be subject to a Conditional Use approval. [Ord. 2019-005]
3) The Zoning
Director shall determine what DRO Agencies shall review the application,
including but not limited to the Building Division, Fire Department, and Zoning
Division. The DRO shall approve, approve with conditions, or deny the
application within 21 days of a determination of application sufficiency as
contained in Art. 2.B.2,
Sufficiency Review.
f. Conditions
The Zoning Director shall take into consideration DRO Agency-recommended
conditions that clearly implement their specific Agency Code provisions.
g. Relief from a Decision
A Person seeking a DRO approval or a Person holding a previously
approved Special Permit or an Adult Entertainment Establishment License, has
the right to immediately seek relief from a denial of application sufficiency
for a DRO, denial of a DRO application, or revocation or suspension of a
Special Permit or DRO approval, as applicable, to the Circuit Court in the 15th
Judicial Circuit of the State of Florida.
h. Purpose and Intent
The following standards
are intended to provide for the proper location of Adult Entertainment uses in order to protect the integrity of
adjacent neighborhoods, educational uses, religious uses, parks, and other commercial
uses. Proper separation of Adult Entertainment uses prevents the creation of “skid-row” areas in unincorporated PBC
that result from the concentration of these uses and their patrons. It is also
the intent of these standards to limit the secondary effects of Adult
Entertainment uses and to ensure that
residential districts, religious uses, educational uses, parks, and other
commercial uses are located in areas free from the secondary effects of Adult
Entertainment uses. The location of
residential districts, religious uses, educational uses, parks, and other commercial
uses within viable, unblighted, and desirable areas supports the preservation
of property values and promotes the health, safety, and welfare of the public.
Based on the evidence
and testimony presented at the October 5, 2004 preliminary reading and the
October 19, 2004 and November 16, 2004 Public Hearings before the BCC, and the
August 27, 2009 preliminary reading and the September 24, 2009 and October 22,
2009 Public Hearings before the BCC, and on the findings incorporated in: the “Final
Report to the City of Garden Grove: The Relationship Between Crime and Adult
Business Operations on Garden Grove Boulevard,” October 1991; “Adult
Entertainment Businesses in Indianapolis: An Analysis” conducted by the Department
of Metropolitan Development, Division of Planning, February 1984; the “Study of
the Effects of Concentration of Adult Entertainment Establishments in the City
of Los Angeles” conducted by the Los Angeles City Planning Department for the
Los Angeles City Council, June 1977; the study conducted by the City of Austin,
Texas; the “Presentation to the Orange County Commission” by the Metropolitan
Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando area);
the expert affidavit prepared for Palm Beach County by Eric Damian Kelly, Ph.D.,
FAICP, dated September 24, 2004; letter from Dale M. Tarvis, M.D.; “Analysis of
Availability of Sites for Adult Entertainment in Palm Beach County” prepared
for Palm Beach County by Duncan Associates, November 2003; Adult Entertainment
Analysis for Palm Beach County, Florida, Final Report, by Cooper Planning
Consultants, January 2019; the “Crime-Related Secondary Effects of
Sexually-Oriented Businesses – Report to the County Attorney, Palm Beach
County, Florida” prepared by Valerie Jenness, Ph.D., Richard McCleary, Ph.D.,
James W. Meeker, JD, Ph.D., August 15, 2007; the “Survey of Florida Appraisers
– Effects of Land Uses on Surrounding Property Values” prepared for Palm Beach
County by Duncan Associates, December 2007 (Report 2008); and, information from
Tampa, Florida detailing the effects of Adult Entertainment establishments in the Tampa area, the BCC
hereby finds the following: [Ord. 2019-034]
1) Commercial uses exist or may exist within
unincorporated PBC where books, magazines, motion pictures, prints,
photographs, periodicals, records, novelties, and/or other devices that depict,
illustrate, describe, or relate to specified sexual activities are possessed,
displayed, exhibited, distributed, and/or sold.
2) Commercial uses exist or may exist within
unincorporated PBC:
a) Where the superficial tissues of one person
are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person,
accompanied by the display or exposure of specified anatomical areas;
b) Where dancers, entertainers, performers, or
other individuals, who, for any form of commercial gain, perform or are
presented while displaying or exposing any specified anatomical area; or,
c) Where lap dancing occurs.
3) This competitive commercial exploitation of
such nudity and semi-nudity is adverse to the public's interest and the quality
of life, tone of commerce, and the community environment in PBC.
a) When the activities described in Art.
4.B.2.C.1.b.16), Specified Anatomical Areas and Art.
4.B.2.C.1.b.17), Specified Sexual Activities, are presented in commercial uses, other activities that are illegal,
immoral, or unhealthful tend to accompany them, concentrate around them, and be
aggravated by them. Such other activities include, but are not limited to,
prostitution, solicitation for prostitution, lewd and lascivious behavior,
possession, distribution, and transportation of obscene materials, sale or
possession of controlled substances, and violent crimes against persons and
land.
b) When the activities described in Art.
4.B.2.C.1.b.16), Specified Anatomical Areas and Art.
4.B.2.C.1.b.17), Specified Sexual Activities, are present in commercial uses within PBC, they tend to blight
neighborhoods, adversely affect neighboring businesses, lower property values,
promote crime, and ultimately lead residents and businesses to move to other
locations.
c) There is a direct relationship between the
display and depiction of specified anatomical areas as described in Art.
4.B.2.C.1.b.16), Specified Anatomical Areas and Art. 4.B.2.C.1.b.17),
Specified Sexual Activities,
and an increase in criminal activities, moral degradation, and disturbances of
the peace and good order of the community, and the occurrence of these
activities are hazardous to the health and safety of those persons in
attendance and tend to depreciate the value of adjoining land and harm the
economic welfare of the community as a whole. These secondary effects are adverse
to the public's interest and quality of life, the tone of commerce, and the
community environment in PBC.
4) Based upon these findings, the BCC finds that
there are a sufficient number of available locations for new Adult
Entertainment uses within
unincorporated Palm Beach County.
5) Based upon these findings, it is in the
interest of the health, safety, morals, and general welfare of the citizens of
PBC that Adult Entertainment uses
are regulated pursuant to the following standards.
j. Separation
There shall be no Variance to the location standards contained
herein.
1) General
An Adult
Entertainment use shall be located
outside of the minimum distances indicated below including properties within a
municipality or within the unincorporated area of PBC:
a) Other Adult
Entertainment
2,000 feet.
b) A Place of
Worship
1,000 feet.
c) An Educational
Institution
1,000 feet.
d) A Public Park
500 feet.
e) A Residential
Zoning District
Which is Designated as
Residential by any Local Comprehensive Plan,
500 feet.
f) A Cocktail
Lounge
750 feet.
2) Measurement of
Distance
The distance set forth
above shall be measured by drawing a straight line between the nearest point on
the perimeter of the exterior wall or bay housing the proposed Adult
Entertainment establishment to the
nearest point on the property line of the relevant Place of Worship, educational
institution, Public Park, or residential zoning district. For the purpose of
measuring the distance, also see Art. 1.C, Rules of Construction and Measurement, between Adult Entertainment uses, the distance shall be measured by
drawing a straight line between the nearest point on the perimeter of the
exterior wall or bay of the proposed or existing Adult Entertainment establishment and the nearest point on the
exterior wall or bay of another Adult Entertainment establishment. Measurement shall be made in
a straight line, without regard to intervening structures or objects.
3) WCRA Overlay
Adult Entertainment is
prohibited within the boundaries of the WCRAO, as per Art. 3.B.14.E, Use Regulations.
k. Subsequent Development within
Location Standards
The subsequent approval
of a Development Order for a Place of Worship, educational institution, Public
Park, or residential district within the distances outlined above shall not
change the status of the Adult Entertainment use to that of a non-conforming use.
l. Landscaping
A Type 2 Incompatibility
Buffer, pursuant to Art. 7.C, Landscape Buffer and Interior
Landscape Requirements with
Canopy trees spaced a minimum of 20 feet on center and a wall a minimum of six
feet in height shall be installed along any property line that abuts a
residential district.
m. Lighting
Outdoor low-intensity
lighting shall be provided that illuminates the entire parking and vehicular
use area. The lighting shall be installed on structures that do not exceed 16 feet
in height from finished grade.
1) Establishment of
Non-Conformity
An Adult
Entertainment use shall be deemed a
non-conforming use, provided the establishment:
a) Was in
operation as an Adult Entertainment use, generally known and held out in the
neighborhood and community as an Adult Entertainment establishment, and was
open to the public as an Adult Entertainment establishment use on November 28,
1988; and
b) Possessed a
valid and current Business Tax Receipt authorizing the general type of use,
which would correspond to the Adult Entertainment use being claimed as non-conforming
on November 28, 1988; and
c) Submitted an application for an Adult Entertainment license
pursuant to the “Adult Entertainment Code,” Chapter 17, Article V
of the PBC Code, as may be
amended, with appropriate filing fees by August 15, 1992.
d) Any Special
Permit submitted between August 16, 1992 and March 2, 2017.
2) Standards for
Non-Conformance
A non-conforming Adult
Entertainment use as determined in Art. 4.B.2.C.1.n, Non-Conformity, above shall be subject to the following
Supplementary Use Standards, in addition to Art. 1.F, Non-Conformities.
a) Landscape Buffer
The Adult
Entertainment shall construct and
install a Type 2 Incompatibility Buffer, as defined in Art. 7.C.2.C, Incompatibility Buffer, with Canopy trees spaced a maximum of 20 feet on center along any
property line that abuts a residential district, within 90 days of the date of
issuance of the Adult Entertainment license by the occupational licensing department.
b) Building Permit
If a Building Permit
for exterior structural renovation or remodeling or a paving or parking permit
is issued for the Adult Entertainment use, the requirements of Art. 7, Landscaping, shall apply to the entire site of the Adult
Entertainment use.
3) Modification or
Improvement to Site Elements
When an Adult
Entertainment establishment has been
determined to be a non-conforming use, or is located within a non-conforming
structure, modifications or improvements to conforming or non-conforming site
elements or exterior architecture shall be permitted. The total cost associated
with these improvements will not be used in determining the allowable
improvements to the interior of the structure, pursuant to Art. 1.F, Non-Conformities.
o. Accessory Food Service in Industrial
Districts
In the IL and IG Zoning
Districts, food service may be allowed as an accessory use to Adult
Entertainment, only in conjunction with and during the hours of operation for
an adult theater or an adult dancing establishment.
p. Collocated Cocktail Lounge
A Cocktail Lounge may
be Permitted by Right as a collocated use only when operated in conjunction
with and during the hours of operation for an Adult Entertainment
establishment.
a. Definition
An establishment engaged in the display and sale of merchandise
to the highest bidder in an enclosed building or outdoor site.
b. Use Types
1) Indoor
All activities, display, and sale of merchandise shall occur
within an enclosed building, unless stated otherwise. An Indoor Auction may include an outdoor display area subject to the
following:
a) The merchandise
shall be relocated to the interior of the enclosed building prior to the end of
each business day;
b) Shall not exceed ten percent of the GFA of the enclosed
building;
c) Shall comply
with the minimum setback requirements of the applicable zoning district; and,
d) Shall not be
located in any required parking spaces, loading or vehicular use areas, fire
lanes, or landscape buffers. The outdoor display area shall not encroach upon
pedestrian pathways, sidewalks, or ADA accessible routes.
2) Outdoor
An Auction with all or a portion of the activity, display, and
sale of merchandise occurring outdoors on site.
c. Zoning District – AGR District
An Auction shall be limited to only farm equipment and supplies.
a. Definition
An owner-occupied Single Family dwelling that offers transient
lodging and meal services only to paying guests.
b. Signage
One sign, a maximum of
eight square feet in sign face area, and three feet in height, indicating the
business name and contact information only may be allowed.
c. Dwelling Modifications
Only exterior
alterations necessary to assure safety of the structure or enhance the
compatibility with the surrounding neighborhood shall be made for the purpose
of providing a Bed and Breakfast. A Single Family dwelling may require
structural or other modifications to ensure compliance with the applicable
Building Code and Fire Rescue regulations.
d. Events
Activities such as weddings, receptions, or social events shall
be prohibited, unless approved as Special Event.
a. Definition
A permanent establishment engaged in washing or detailing motor
vehicles which may use production line methods with a conveyor, blower, or
other mechanical devices, and which may employ some hand labor. Detailing
includes hand washing and waxing, striping, and interior cleaning.
b. Typical Uses
A Car Wash may include but is not limited to an automatic,
full-service, hand wash, or self-service car wash.
c. Collocated – CG, PDD with CH FLU
Designation
A Car Wash may be Permitted by Right when collocated with a
Retail Gas and Fuel Sales establishment.
d. Accessory Use – CL FLU
Designation
An automatic Car Wash
may be allowed as an accessory use to a Retail Gas and Fuel Sales subject to
DRO approval when it is located on the same lot. Auto detailing or other
extended services shall be prohibited.
e. Zoning District – TMD
A maximum of one Car
Wash may be allowed. The Car Wash shall be located outside the Main Street, and
may be accessed from a secondary street, alley, or from a parking lot. The Car
Wash shall not be visible from the Main Street. [Ord. 2017-025]
a. Definition
An establishment
primarily engaged in providing
event-based food services where food and beverages are prepared and
delivered for consumption off the premises.
b. Zoning District – CN District
The use shall be limited to 3,000 square feet of GFA.
c. Accessory Use
Catering Service may be
Permitted by Right as an accessory use to a Restaurant limited to food
preparation. The accessory use shall be limited to three delivery vehicles.
d. Accessory Services
A Catering Service may also provide personnel, serving
equipment, and decorations.
e. Delivery Vehicles
Delivery vehicles shall be located at the rear of the property
and screened from view when located within 100 feet of a parcel of land with residential
FLU designation or use, unless blocked from view by other existing structures.
a. Definition
A use engaged in the preparation and retail sale of alcoholic
beverages for consumption on the premises.
b. Approval Process – CG, and TDD or
PDD with CH FLU
A Cocktail Lounge located in the CG Zoning District, or in a TDD
or PDD with a CH FLU designation, may be subject to the following: [Ord. 2017-029]
1) Permitted by
Right when located outside the separation requirements; or [Ord. 2017-029]
2) the BCC may
allow the use within the distances established in the separation requirements,
subject to Class A Conditional Use approval. [Ord. 2017-029]
c. Typical Uses
Examples of a Cocktail Lounge include but are not limited to bars,
taverns, pubs, nightclubs, and similar uses. [Ord. 2023-011]
d. Zoning District – CN District
A Cocktail Lounge shall not exceed 3,000 square feet of GFA.
e. Accessory Use
An accessory Cocktail Lounge to an office, Hotel, or Motel shall
not exceed ten percent of the GFA.
f. Separation Requirements
A Cocktail Lounge,
which includes outdoor areas, shall not be located within 250 feet of a parcel
of land with a residential FLU designation or use and shall be separated a
minimum of 750 feet from another Cocktail Lounge. The Zoning Director may ask
for a signed/sealed survey certifying that another lounge does not exist within
750 feet off the subject lounge, a residential district is more than 250 feet
from the subject lounge, or the subject lounge is more than 500 feet from a
school as required by the State of Florida, F.S. § 562.45, as amended. Measurement shall be taken
from the structure to the property line of a residential use or FLU
designation. [Ord. 2017-029]
g. Restaurant
A Cocktail Lounge is distinct from a restaurant that sells
alcohol when the establishment cannot qualify for a “Consumption on Premises,
Special Restaurant Exemption” pursuant to the State Beverage Law.
h. Brewery-Distillery
A Cocktail Lounge with MUPD zoning and a CL or CH FLU
designation may include a Manufacturing and Processing Brewery-Distillery use
on up to 50 percent of the gross floor area, including outdoor seating, for
that establishment. [Ord. 2023-011]
a. Definition
An establishment serving a limited market area and engaged in
the retail sale of food, beverages, and other frequently or recurrently needed
items for household use or consumption.
b. Floor Area
A maximum of 7,000
square feet of GFA.
c. Overlay – WCRAO
Convenience Store is prohibited in the NR, NRM, NG, and NC
Sub-areas per Table
3.B.14.E, WCRAO Sub-area Use Regulations.
d. Zoning Districts – CN and CC
Shall comply with Art. 5.E.1, Major Intersection Criteria.
e. Collocated Use
A Convenience Store that is collocated with a Retail Gas and
Fuel Sales shall be reviewed and approved concurrently.
a. Definition
An establishment for
receiving and transmitting messages associated with the tracking of vehicles
and equipment, or coordinating mobile or transportation operations, which may
include storage of dispatched vehicles or equipment.
b. Typical
Uses
A Dispatching Service
may include but is not limited to janitorial, pest control, or emergency
services; and taxi, limousine, or courier operations.
c. Approval
Process
1) CH FLU Designation and Commercial Pod of PIPD
A Dispatching Service
may be allowed subject to DRO approval in the following situations:
a) Limited to three service or delivery
vehicles; or
b) All dispatched vehicles are stored indoors;
or
c) Outdoor storage of vehicles is separated a
minimum of 250 feet from a parcel of land with a residential FLU designation or
use.
2) A Dispatching Service without vehicles on site
and limited to office only may be Permitted by Right in the zoning districts
where the use is allowed.
a. Definition
An establishment which provides daytime care and training for
domestic dogs. Overnight care of domestic dogs is prohibited.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to
application for an ACC Operational Permit. All Dog Day Care uses shall be
licensed and regulated in accordance with ACC Ordinance
No. 98-22, as amended.
c. Waste Disposal
A Dog Day Care shall
meet the ECR I and ECR II standards and shall be subject to all applicable
rules and regulations of the FDEP, PBCHD, and SWA.
d. Runs and Drop-Off
Facilities shall be
subject to the following standards:
1) Outdoor runs, outdoor play areas, and yards
shall be prohibited;
2) Adequate drop-off areas shall be provided;
and,
3) Three drop-off spaces measuring 12 feet in
width by 20 feet in length shall be provided for every 50 dogs.
e. Outdoor Areas
Outdoor activities shall be prohibited except as follows:
1) Shall be
personally supervised and under the restraint or control of a person by means
of a leash;
2) Shall only be
allowed within areas designated for such activities on the Final Site Plan,
unless Dog Day Care is sole use of property; and,
3) Waste shall be
picked up immediately and disposed of properly within the establishment. [Ord. 2023-012]
a. Definition
An establishment
engaged in deposit banking.
b. Typical
Uses
A Financial Institution
may include but is not limited to commercial banks, savings institutions, and
credit unions.
c. Approval
Process – CC District, PDD with CL or CL-O FLU, and Commercial Pod of PUD
A Financial Institution
5,000 square feet or less in the CC Zoning District, PDD with CL or CL-O FLU
designation, or Commercial Pod of a PUD, may be Permitted by Right. [Ord. 2019-005]
d. Zoning
Districts – CN and CLO Districts, and Neighborhood Center of TND
A Financial Institution
in the CN and CLO Zoning Districts, and Neighborhood Center of a TND, shall be
limited to a maximum of 5,000 square feet.
a. Definition
A Financial Institution
that includes drive-through teller facilities. [Ord. 2019-005]
b. Approval
Process
1) CC District, Commercial Pod of PUD, PDD with
CL and CL-O FLU, and TMD
A Financial Institution
5,000 square feet or less, and with three drive-through lanes or less, may be
allowed subject to DRO approval, in the following zoning districts: [Ord. 2017-025] [Ord. 2019-005]
a) CC;
b) PDD with CL or CL-O FLU designation; and, [Ord.
2017-025] [Ord. 2019-005]
c) TMD in the Rural Tier, Exurban Tier, and the Development
Area of the AGR Tier. [Ord. 2019-005]
2) CG Zoning District, PDD with CH and CH-O FLU,
Commercial Pod of PIPD, and TDD
A Financial Institution
5,000 square feet or less in size with three or less drive-through lanes, may
be Permitted by Right, in the following zoning districts: [Ord. 2019-005]
a) CG district; [Ord. 2019-005]
b) PDD with CH or CH-O FLU designation; [Ord.
2019-005]
c) Commercial Pod of a PIPD; and, [Ord. 2019-005]
d) the Development Area of an AGR-TMD. [Ord. 2019-005]
3) Single Drive-Through ATM Exception
A maximum of one drive-through
ATM lane shall not be considered a drive-through lane for purposes of
determining the threshold above. [Ord. 2019-005]
c. Zoning
District – TDD
Drive-up teller units
shall be located in the rear of a building with access from an alley, interior
parking area, or a street not designated as a Main Street.
a. Definition
An entirely automated
unstaffed Financial Institution, either located in a stand-alone kiosk or the
façade of a building where the owner or tenants have no managerial authority
over the operation of the ATM.
b. Zoning
District – TDD
A Freestanding ATM with
a drive-through ATM lane shall be located in the rear of a building with access
from an alley, interior parking area, or a street not designated as a Main Street.
[Ord. 2017-025]
c. Thresholds
All Freestanding ATMs shall be subject to the following requirements:
1) The owner or operator shall maintain at least
one manned full-service Financial Institution within Palm Beach County;
2) The
structure shall not exceed 100 square feet, excluding canopies provided for
decorative aesthetics or protection from weather;
3) Customer
access to the interior of the structure shall be prohibited, except for transparent
glass security enclosures;
4) Shall
not be located within 1,000 feet of another Freestanding ATM. When within a
TMD, the 1,000-foot separation distance may be reduced to accommodate a maximum
of two Freestanding ATMs, provided they are constructed in common public
plazas; and,
5) Shall be limited to a maximum of one drive-through
ATM lane.
a. Definition
Retail sales within a
building permanently enclosed by walls and roof, in which floor space is rented
to individual merchants to display and sell goods.
a. Definition
An outdoor retail sales
area in which parcels of land are rented to individual merchants to display and
sell goods.
a. Definition
An establishment
engaged in the sale of gasoline or motor fuels to the general public.
b. Non-Conformities
1) Automotive Service Station or Convenience
Store with Gas Sales
A prior approval for an
Automotive Service Station or Convenience Store with Gas Sales, shall
correspond to Retail Gas and Fuel Sales, and any other collocated uses such as
Convenience Store, or Light or Heavy Repair and Maintenance.
2) Approvals Prior to Establishment of Location
Criteria
An Automotive Service
Station or Convenience Store with Gas Sales that was a conforming use on the
effective date of Ordinance No. 2001-029 (August 3, 2001), shall be exempt from the location
criteria of Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, listed below.
c. Approval
Process – IRO District with CH FLU Designation
Retail Gas and Fuel Sales located on a parcel with a CH FLU designation
within the Core Transect Zone may be allowed subject to DRO approval.
d. Zoning
District – TMD
Retail Gas and Fuel
Sales shall only be allowed on sites that are within 500 feet of the perimeter
of the development. Gasoline pumps shall be located at the side or rear of a
building with access from an alley, interior parking area, or a street not
designated as a Main Street. [Ord.
2017-025]
e. Location
Criteria
1) Intersection Criteria
A maximum of two Retail Gas and Fuel Sales establishments may be allowed
at an intersection pursuant to Art. 5.E.2.B,
Intersection Criteria.
2) Separation Criteria
A Retail Gas and Fuel Sales establishment shall be separated from any
other Retail Gas and Fuel Sales establishment pursuant to Art. 5.E.2.C.1,
Separation Criteria.
3) Major Intersection Criteria for CL FLU in U/S
Tier
Retail Gas and Fuel Sales with a CL FLU designation shall comply with Art. 5.E.1, Major
Intersection Criteria.
4) CL FLU in Rural, Exurban, Glades, and
Agricultural Reserve Tiers
Retail Gas and Fuel Sales shall be located within 1,000 feet of the
intersection of one Collector and Arterial Street, or two Arterial Streets, as
listed in the Florida Department of Transportation (FDOT) PBC Federal Functional
Classification Table.
5) WCRA Overlay
Retail Gas and Fuel Sales is prohibited in the NR, NRM, NG, and NC
Sub-areas, per Table
3.B.14.E, WCRAO Sub-area Use Regulations.
6) Exceptions
a) I-95 Interchanges
A parcel with a
Commercial High (CH) Future Land Use designation within one-half mile of an
I-95 interchange shall be exempt from the location criteria of Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, listed above.
b) MUPD
Retail Gas and Fuel Sales
located within an MUPD may be exempt from the location criteria for Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, where in compliance with the following:
(1) Required perimeter landscape buffers, where
located between all Retail Gas and Fuel Sales use areas, including
ingress/egress, and any R-O-W or parcel of land with a residential FLU
designation or use, unless obstructed from view by other existing structures;
and
(2) Direct access from any perimeter R-O-W
abutting the MUPD shall be prohibited. All access shall be from entrances
established for the overall MUPD, and comply with minimum standards for
ingress/egress, stacking, turn lanes, and pedestrian connectivity.
f. Accessory
Use
Retail Gas and Fuel Sales
may be allowed as an accessory use to Wholesale Gas and Fuel in industrial
districts with an IND or EDC FLU designation, subject to Class A Conditional
Use approval, and the following: [Ord.
2023-011]
1) Gas and fuel sold retail shall be limited to
motor fuels sold wholesale;
2) Maximum of four fueling positions;
3) Maximum of one wall or freestanding sign,
where permitted, not to exceed six feet in height, or 25 square feet of sign
face area.
4) Wholesale Gas and Fuel
Sales may include regional corporate headquarters or maintenance
facility for a State-regulated public utility that sells natural gas or other
similar fuels.
a. Definition
Gathering of vendors for the purpose of selling fresh
unprocessed fruit, vegetables, flowers, and consumable items such as coffee,
bread, and prepared food on a retail basis.
b. Lot Size
A minimum of one acre
with the exception of lots located in the WCRAO where a minimum of one-half of
an acre is required.
A Green Market may be
allowed as an accessory use to a Community Vegetable Garden in the WCRAO
and CCRT areas subject to DRO approval
and the following: [Ord. 2019-005]
[Ord. 2021-006]
1) The use shall
be operated by a CCRT neighborhood organization or the WCRA.
2) Items for sale
shall be limited to those grown or prepared by neighborhood residents.
3) The accessory
use and structure shall be limited to 30 percent of the total growing area for
the Community Vegetable Garden. [Ord. 2019-005]
4) Shall be
limited to the hours of 7:00 a.m. and 7:00 p.m. [Ord. 2019-005]
5) Where a Green
Market is allowed as an accessory use to a Community Vegetable Garden, a
six-foot-high landscape barrier, which includes but not limited to: a hedge, a
vinyl-coated chain link fence with hedge, or an opaque fence shall be provided
along any property line that abuts a parcel with a residential FLU designation
or residential use. An accessory Green Market to an existing Community Garden,
approved prior to the effective date of this amendment, that has complied with
the buffer requirements of Art.
7, Landscaping, is not required to provide a six-foot-high landscape barrier.
[Ord. 2019-005]
d. Duration
The use shall operate
no more than three days a week.
e. Vendor Stands
The stand shall remain
transportable and shall be removed from the site at the close of the market
each week. Motor vehicles such as vans or small trucks may be allowed subject
to the preceding removal requirements.
a. Definition
An establishment typically licensed by the State of Florida,
used, maintained, or advertised as a place where furnished sleeping
accommodations are supplied to the guest for a short period of time.
b. Approval Process
1) TMD District – U/S
Tier
The use may be Permitted by Right when located in the CH FLU
designation. [Ord. 2020-020]
c. Zoning District – PO District
1) An existing
Hotel located in the PO district shall be considered a conforming use.
2) Collocated Hotel
a) Approval Process
– PARK FLU
A Hotel may be allowed as a collocated use to a PBC Regional
Park with a PARK FLU, subject to Class A Conditional Use approval.
b) Park Resource
Base
The Regional Park shall include a resource base which promotes
heritage tourism, eco-tourism, or is otherwise planned to attract patrons from
a Countywide or greater population for historical, cultural, scientific,
educational, or other similar purposes. Such resource base shall be operational
prior to approval of a Hotel, or approved and permitted concurrently with a Hotel.
c) Conceptual
Master Plan
A Hotel shall be a component of a Conceptual Master Plan or
equivalent that is approved by the Board of County Commissioners.
d) Frontage and
Access
The Regional Park in which a Hotel is located shall have
frontage on an Arterial or Collector Street(s). Vehicular access to a Hotel
shall be prohibited from any Residential Street abutting the park, unless
approved by the BCC as part of the Conditional Use approval for the Hotel.
e) Site Plan –
Affected Area
When a Site Plan is not required for the overall park site, the
required Site Plan for the Hotel shall regulate only the development area for
the Hotel and access related thereto.
d. Accessory Services
Hotels and Motels may provide services and facilities, such as
food and beverage, recreational, meeting, or conference rooms, ballrooms, and
laundry.
e. Commercial Pod of a PUD
1) Approval Process
A Hotel or Motel may be allowed in a Commercial Pod of a PUD
subject to a Class A Conditional Use approval and the following requirements: [Ord. 2021-039]
a) Compliance with
Art. 3.E.2.E.2,
Commercial Pod; and [Ord. 2021-039]
b) The Hotel or
Motel shall be subject to the following location criteria: [Ord. 2021-039]
(1) Shall be
located abutting a Recreation Pod with a Golf Course; and [Ord. 2021-039]
(2) Shall be located
within a 1,000-foot radius of a Golf Course clubhouse facility, and pedestrian
access shall be provided to connect these uses. [Ord. 2021-039]
a. Definition
A commercial establishment, including any building or land, used
for the raising, boarding, breeding, sale, or grooming of domesticated animals
(e.g., dogs and cats), not necessarily owned by the occupants of the premises,
for profit.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to
application for an ACC Operational Permit. A Type 2 Commercial Kennel shall be
licensed and regulated in accordance with ACC Ordinance
No. 98-22, as amended.
c. Lot Size
A minimum of two acres.
d. Outdoor Runs
1) Setbacks
Outdoor runs or animal exercise area shall not be located within
50 feet of any property line adjacent to a parcel of land with a residential
FLU designation or use, or where mixed use is required, or 25 feet of any property
line adjacent to a non-residential district. [Ord. 2021-006]
2) Fencing and
Screening
A minimum six-foot-high safety fence shall be required around
outdoor runs. If the safety fence is not opaque or screened from view of
adjacent properties or R-O-W, a continuous solid opaque hedge a minimum of four
feet at installation shall be provided around the outdoor run/area.
3) Waste Disposal
A Type 2 Commercial
Kennel shall meet the PBCHD ECR I and ECR II standards and shall be subject to
all applicable rules and regulations of the FDEP, PBCHD, and SWA.
e. Accessory Residential Use – AGR
District
A Single Family dwelling unit may be Permitted by Right as an
accessory use to a Type 2 Commercial Kennel in the AGR Zoning District.
a. Definition
A commercial establishment operated entirely within an enclosed
building used for the boarding, sale, or grooming of domesticated animals (e.g.,
dogs and cats), not owned by the occupants of the premises, for profit.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to
application for an ACC Operational Permit. A Type 3 Commercial Kennel shall be
licensed and regulated in accordance with ACC Ordinance
No. 98-22, as amended.
c. Maximum Square Footage
Shall not exceed 3,000 square feet in the CC and TMD districts,
or 7,500 square feet in any other zoning district the use is allowed.
d. Standards
All use areas shall be within an enclosed building constructed,
maintained, and operated so that no noise or odor nuisances related to the Kennel
operations can be detected outside the building. With exception to designated
drop-off areas, no outdoor runs, playgrounds, walking areas, yards, or similar
uses shall be permitted.
e. Waste Disposal
A Type 3 Commercial
Kennel shall meet the PBCHD ECR I and ECR II standards and shall be subject to
all applicable rules and regulations of the FDEP, PBCHD, and SWA.
a. Definition
An establishment
engaged in the maintenance or installation of landscaping. [Ord. 2019-039]
b. Typical On-Site Activities
Includes administrative office; customer and employee parking;
and, storage or parking of landscape vehicles, chemicals, fertilizers,
landscape materials, and equipment. [Ord.
2019-039]
c. Typical Off-Site Activities
May include, but are not limited to: lawn mowing; trimming of
vegetation including trees, shrubs, or hedges; irrigation; fertilizer
application; leaf blowing; landscaping design; maintenance; or, installation. [Ord. 2019-039]
d. Common Operations Area
A common area that is shared between the Nursery and the
Landscape Service, which may include, but is not limited to: drive aisles;
customer parking; and, structures that are commonly shared between the Nursery
and the Landscape Service. It shall not include areas, structures, or
facilities which serve solely the Landscape Service (On-Site Activities). [Ord. 2019-039]
e. Nursery Growing Area
Consists of an area(s) used solely for the propagation,
cultivation, growing, storage, and staging of plants. [Ord. 2019-039]
f. Easements
The Applicant may allocate drainage or street/canal right-of-way
easements to the Common Operations, Nursery, or Landscape Service Areas based
on their proximity to each respective area and the purpose and scope of the
easement, subject to the approval by the DRO. [Ord. 2019-039]
g. AR District in RSA
Shall be permitted subject to applicable requirements of a Home
Occupation pursuant to Art. 4.B.1.E.10, Home Occupation;
Art.
4.B.2.C.20.h, Collocated Use; or, as a Principal Use subject to the
additional requirements as follows: [Ord.
2019-039]
1) Shall be located on a Collector or Arterial Street;
and [Ord. 2019-039]
2) Shall be on a minimum of three acres. [Ord. 2019-039]
h. AGR-PUD Zoning District Preserve
Area
1) Applicability
Landscape Service under this Section shall be permitted only for
existing Landscape Service uses, on the following 29 sites, subject to the
restrictions contained herein: [Ord.
2020-016] [Ord. 2021-004]
a) 24 sites within
the AGR-PUD Zoning District Preserve Area, as depicted in the list of AGR-PUD
Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016]
[Ord. 2021-004]
b) Five additional
sites within the AGR Zoning District, as depicted in the list of AGR-PUD
Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016]
[Ord. 2021-004]
(1) These five sites
shall provide sufficient evidence demonstrating that the Property Owner has
entered into a private transactional agreement, such as an assignment agreement
or other similar agreement, recorded in the Official Records of PBC prior to
January 1, 2019, with the intent of converting the site to the AGR-PUD Zoning
District Preserve Area. [Ord. 2020-016]
[Ord. 2021-004]
2) Landscape
Service must be compact and contiguous in design and not located in more than
two separate locations on a site; and, [Ord.
2020-016]
3) Landscape Service
shall be allowed only in conjunction with a Wholesale Nursery and both uses
shall be operated under the same ownership. [Ord. 2020-016]
4) Approval Process
– Full DRO
a) The DRO shall
determine what Agencies will review the proposed application. [Ord. 2020-016]
b) The 24 sites
located within the AGR-PUD Zoning District Preserve Area shall submit an
application to allow a Landscape Service and be determined to be sufficient by
the DRO within 180-calendar days of the effective date of Ordinance No. 2020-016.
[Ord. 2020-016] [Ord. 2021-004]
c) Prior to
January 1, 2021, the five sites within the AGR Zoning District shall submit an
application and be determined to be sufficient by the DRO, for a rezoning to
the AGR-PUD Zoning District Preserve Area. These five sites shall then submit
an application to allow the Landscape Service and be determined to be
sufficient by the DRO within 60 days of the effective date of the rezoning to
the AGR-PUD Zoning District Preserve Area. [Ord. 2020-016] [Ord. 2021-004]
d) A minimum of 70
percent of the lot area shall be a Wholesale Nursery, and may also include
limited areas for Open Space. [Ord. 2020-016]
e) A maximum of 30
percent of the lot area or one and one-half acres, whichever is less, shall
include Typical On-Site Activities, Common Operation Areas, and any buildings
not associated with the propagation, cultivation, growing, storage, and staging
of plants. [Ord. 2020-016]
f) Driveways
shall be allocated to either the Wholesale Nursery or Typical On-Site
Activities and Common Operation Areas based on their proximity to each
respective area, subject to approval by the DRO. [Ord. 2020-016]
5) Location –
Access
Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions,
that exists at the time of application for use approval. If the existing access
is not legal, then minimum access shall be in accordance with Art. 11.E.2.A.2.
Minimum Legal Access Requirement, unless a Variance is approved pursuant to
Art. 2.B.7.E, Type 2
Variance. [Ord. 2020-016]
Shall be allowed only in conjunction with a Retail or Wholesale
Nursery, and both uses shall be operated under the same ownership, subject to
the following: [Ord. 2019-039]
1) AGR, AP, CN,
CRE, and PO Zoning Districts
a) Approval Process
– Full DRO
(1) A minimum of 50
percent of the lot area shall be Retail or Wholesale Nursery; [Ord. 2019-039]
(2) A maximum of 30
percent of the lot area or one and one-half acres, whichever is less, shall be
Landscape Service (On-Site Activities); and, [Ord. 2019-039]
(3) The areas
designated for Common Operations Area shall be a maximum of 20 percent of the
lot area. [Ord. 2019-039]
b) Approval Process
– Class A Conditional Use, except the AGR Zoning District
(1) A minimum of 50
percent of the lot area shall be Retail or Wholesale Nursery; [Ord. 2019-039]
(2) A maximum of 45
percent of the lot area or two acres, whichever is less, shall be Landscape
Service (On-Site Activities); and, [Ord.
2019-039]
(3) The areas
designated for Common Operations Area shall be a maximum of 20 percent of the
lot area. [Ord. 2019-039]
2) CC or CG Zoning
Districts
a) Approval Process
– Full DRO
(1) A minimum of 50
percent of the lot area shall be Retail and/or Wholesale Nursery; [Ord. 2019-039]
(2) A maximum of 30
percent of the lot area or one and one-half acres, whichever is less, shall be
Landscape Service (On-Site Activities); and, [Ord. 2019-039]
(3) The area
designated for Common Operations Area shall be a maximum of 20 percent of the
lot area. [Ord. 2019-039]
3) IL, IG, and
IND/L, COM, or IND/G Pods of a PIPD Zoning District
A Landscape Service use may be Permitted by Right when
collocated with Wholesale or Retail Nursery. [Ord. 2019-039]
4) AR/RSA Zoning
District
a) Shall be on a
minimum of three acres. [Ord. 2019-039] [Ord. 2020-007]
b) The area(s)
designated for Landscape Service (On-Site Activities) shall be a maximum of 30
percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]
c) Approval Process
A Landscape Service shall be subject to a Class A Conditional
Use approval process, unless stated otherwise below: [Ord. 2019-039]
(1) Exception
A Landscape Service may be subject to the Full DRO process if the
Applicant submits an application and is determined to be sufficient by the DRO
within 195-calendar days of the effective date of Ordinance No. 2019-039 (June
17, 2020), and provides sufficient evidence that the Landscape Service existed
on the subject property prior to June 2, 2020. [Ord. 2019-039] [Ord. 2020-007]
5) AR/USA, RE, RT,
RM, RS, UC, UI, CH-MUPD, NC-TND, and TMD within the U/S, Rural, or Exurban
Tiers
a) Shall be on a
minimum of three acres; and [Ord. 2019-039] [Ord. 2021-023]
b) Approval Process
– Class A Conditional Use
(1) The area(s)
designated for Landscape Service (On-Site Activities) shall be a maximum of 30
percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]
6) Location –
Access
a) AR/RSA and
AR/USA Zoning Districts
Minimum access shall be in accordance with Art. 11.E.2.A.2,
Minimum Legal Access Requirement, unless a Type 2 Waiver is granted
pursuant to Art.
2.B.7.D, Type 2 Waiver. [Ord. 2020-007]
b) AGR Zoning
Districts
Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions,
that exists at the time of application for Landscape Service use approval. If
the existing access is not legal, then minimum access shall be in accordance
with Art.
11.E.2.A.2, Minimum Legal Access Requirement, unless a Type 2 Variance is
granted pursuant to Art.
2.B.7.E, Type 2 Variance. [Ord. 2020-007]
c) Other Zoning
Districts
Minimum access in the RE, RT, RM, RS, UC, UI, CH-MUPD, NC-TND,
and TMD within the U/S, Rural, or Exurban Tier Zoning Districts shall be in
accordance with Art
11.E.2.A.2, Minimum Legal Access Requirement, unless a Subdivision Variance
is granted pursuant to Art. 2.B.7.E, Type 2
Variance. [Ord. 2020-007] [Ord. 2021-023]
j. Hours of Operation
Landscape Service shall be prohibited to operate on Sundays
within the Agricultural Residential (AR) Zoning District. [Ord. 2019-039]
k. Landscape Buffer
A Compatibility Buffer shall
not be required if the use is adjacent to a property with an existing
agriculture use pursuant to Art. 4.B.6, Agricultural Uses. [Ord. 2018-018] [Ord. 2019-039]
1) AGR and AP
Zoning Districts
R-O-W and Incompatibility Buffers shall be required in
accordance with the requirements for the Wholesale or Retail Nursery. [Ord. 2019-039]
l. Yard Waste Storage
Landscape Service with
storage of yard waste shall front on a Collector or Arterial Street, and shall
comply with the following requirements:
1) Setbacks
Loading and service
areas shall be located a minimum of 50 feet from all property lines and 100 feet
from adjacent property with residential use or FLU designation.
2) Standards
a) Only one yard waste storage area shall be
permitted on site;
b) Shall not exceed 30 by 40 feet;
c) Yard waste shall be screened on three sides
by a wall with a maximum height of 12 feet. The open end of the wall shall not
face any property with residential use or FLU designation;
d) Yard waste piles shall not exceed the height
of the wall;
e) Surface of the storage area shall be paved
with concrete and have positive drainage; and,
f) Yard waste that is not generated by the Landscape
Service shall be prohibited on site.
m. Home Occupation
A limited Landscape Service, not including yard waste or
landscape installation services, may be allowed as a Home Occupation subject to
the requirements of Art. 4.B.1.E.10, Home Occupation.
[Ord. 2018-018]
1) Exception –
AR/RSA Zoning District
A limited Landscape Service on a lot three acres or more may be
allowed as follows: [Ord. 2018-018]
a) Subject to DRO
approval through the ZAR process prior to issuance of a Business Tax Receipt. [Ord.
2018-018]
b) A maximum of
three persons living outside of the home may be employed under the DRO
approval. [Ord. 2018-018]
c) Outdoor Storage
shall be limited to equipment such as lawnmowers, hedgers, weed eaters, and a
small trailer. Storage shall not include heavy equipment such as bobcats,
loaders, dump trucks, or heavy equipment trailers. [Ord. 2018-018]
d) Storage areas
shall be screened from view from any R-O-W or parcel of land with a residential
FLU designation or use through the use of opaque fences, walls, or existing or
newly planted native vegetation. [Ord. 2018-018]
e) Parking spaces
shall be provided for every employee in addition to the spaces required for a
Single Family. All vehicle parking or storage areas shall utilize improved
surfaces such as asphalt, pavement, or shell rock. [Ord. 2018-018]
2) Home Occupation
having Landscape Service shall be exempt from the Incompatibility Buffer requirements.
[Ord. 2018-018]
a. Definition
An establishment that provides washing, drying, dry cleaning, or
ironing services or machines to be used by customers on the premises, or that
is engaged in providing cleaning services.
b. Typical Uses
A Laundry Service may include but is not limited to coin laundry
establishments, laundromats, neighborhood cleaners and dry cleaners, and
industrial cleaning facilities serving commercial cleaners or the hospitality
industry.
c. Approval
Process
1) In all
commercial zoning districts including Commercial Pod of PIPD and PUD, where the
use is allowed, the use may be:
a) Permitted by
Right if less than 3,000 square feet of GFA.
b) Allowed subject
to DRO approval if less than 5,000 square feet of GFA.
2) Industrial
Districts, Except with CMR FLU Designation and Commercial Pod of a PIPD
May be allowed subject to DRO approval if less than 15,000
square feet of GFA. [Ord. 2023-011]
d. Zoning District – CN
The use shall not exceed 3,000 square feet of GFA.
e. Zoning
Districts – Industrial Except with CMR FLU Designation and Commercial
Pod of a PIPD
1) The use shall
be limited to facilities serving the hospitality industry and commercial
cleaner centers; and [Ord. 2023-011]
2) Shall not
include customer drop-off or pick-up on site, or utilize customer-operated
machinery.
f. Business Vehicles
Shall not be parked or stored in required parking spaces.
g. Environmental Approval
Prior to issuance of a Building Permit, a Laundry Service
Permitted by Right shall provide documentation demonstrating that the use is
approved by ERM.
a. Definition
A commercial establishment related to boating, located on a
navigable waterway.
b. Typical Uses or Activities
A Marina may include, but
is not limited to servicing, fueling, pumping out, chartering, launching, dry storage
of boats and boating equipment, dockage, yacht clubs, charter boat
operations, and boatels.
c. Setbacks
Dry storage of boats and other Marina-related uses may be set back
zero feet from the water's edge.
d. Boatel Units
A boat used as a hotel
or motel unit. The total number of units shall be prorated on the basis of one unit
per 1,000 square feet of dry land.
e. Boat Facility Siting Plan
Any Marina with five or more slips shall comply with the Boat
Facility Siting Plan of the Palm Beach County Manatee Protection Plan.
a. Definition
An establishment where patients, who are not lodged overnight,
are admitted for examination, elective surgical care, immediate but not emergent
care, or treatment by persons practicing any form of healing or health-building
services whether such persons be medical doctors, chiropractors, osteopaths,
podiatrists, naturopaths, optometrists, dentists, or any such profession, the
practice of which is lawful in the State of Florida.
b. Typical Uses
A Medical or Dental Office may include, but is not limited to,
an Ambulatory Surgical Center or Urgent Care Center.
c. INST FLU Designation
A Medical or Dental Office may be allowed subject to DRO approval,
within the boundaries of the following five Site Specific FLUA amendments:
1) SCA 2005-027,
Linton/Jog Institutional, Ordinance
No. 2006-005;
2) SCA 2008-015,
Jog/Joe Delong Institutional, Ordinance
No. 2008-005;
3) SCA 2009-002,
Atlantic/Sims Medical Office, Ordinance
No. 2009-008;
4) LGA 2010-014,
Suess Institutional (Southern & Seminole Pratt and Whitney), Ordinance
No. 2010-031; and,
5) LGA 2012-002, AGR
Boynton Beach Institutional, Ordinance
No. 2012-017.
d. Zoning Districts – CN, CLO, and
CHO
Permitted by Right when
not exceeding 3,000 square feet of GFA. [Ord. 2018-018] [Ord. 2023-011]
a. Definition
An establishment
providing executive, management, administrative, or professional services.
b. Typical
Uses
A Business or
Professional Office may include but is not limited to property and financial
management firms; employment, travel, advertising, or real estate agencies; payday
lending offices, check cashing services, and currency exchange agencies;
contract post offices; professional or consulting services; and, business
offices of private companies, utility companies, public agencies, and trade
associations.
c. Approval
Process
The use may be
Permitted by Right if limited to the following:
1) A maximum of 10,000 square feet of
GFA per parcel in the CN Zoning District.
2) A maximum of 15,000 square feet of
GFA per parcel in the CLO Zoning District.
3) A maximum of 20,000 square feet of
GFA per parcel in the CC Zoning District.
d. Employment
Agencies
Business or
Professional Offices that include employment agencies for temporary
day or manual labor service for the construction, maintenance, agricultural, or
industrial trades, shall be subject to the additional standards:
1) Westgate Overlay
Shall be prohibited
within the boundaries of the WCRAO, as per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
2) Outdoor Activities
Outdoor loitering,
waiting, or seating shall be prohibited on site. Outdoor seating areas may be
allowed provided the site includes one or more architectural focal points such
as fountains, architectural shaded structures, or gazebos.
e. Accessory
Office
Business or
Professional Office Supplementary Use Standards shall not apply to:
1) A temporary office in temporary structures
associated with the construction of a building or real estate sales; or
2) Areas of a building dedicated to the
administrative operation of a use listed in the Use Matrices.
a. Definition
An establishment used
for temporary parking or storage for motor vehicles as a principal use, for a
fee.
b. Proximity
to Residential
Commercial Parking shall not be located within 200 feet of a parcel of
land with a residential FLU designation or use, except as follows:
1) The perimeter landscape buffer along the
applicable lot line complies with the minimum standards for a Type 3
Incompatibility Buffer; and
2) Building openings used by vehicles and
unglazed architectural openings shall not face a parcel of land with a residential
FLU designation or use.
c. Access
Access from Local
Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
a. Definition
An establishment at which a pawnbroker, as defined in F.S.
§ 539.001(2)(i), does business.
b. Separation Distance
Shall be located a
minimum of 2,000 feet from another Pawnshop.
c. Setbacks
Shall be set back a
minimum of 150 feet from any parcel of land with a residential FLU designation
or use.
d. Hours of Operation
Shall not be open to
the public prior to 7:00 a.m. or later than 10:00 p.m. daily.
a. Definition
An establishment
engaged in the provision of recurrent services of a personal nature, or, the
provision of informational, instructional, personal improvement, or similar
professional services.
b. Typical
Uses
Personal Services may
include but are not limited to art, music, and driving schools, beauty salon,
barbershops, licensed therapeutic massage studios, photography studios, spas,
saunas, tattoo parlors, diet and weight reducing centers, pet grooming, and
tanning salons.
c. Approval
Process – CN District
The use may be Permitted by Right in the CN Zoning District, when
limited to 3,000 square feet of GFA.
d. Accessory
Use
Personal Services may be Permitted by Right as accessory to Business or
Professional Office; or Medical or Dental Office in CLO and CHO Zoning
Districts and PDDs with CL-O and CH-O FLU designation.
e. Sale
or Dispensing of Controlled Substances
The limited accessory retail sale of products does not include the sale
or dispensing of controlled substances, unless in compliance with the
requirements for Medical or Dental Office, or General Retail Sales.
a. Definition
An establishment engaged in the repair and maintenance of
automobiles, recreational vehicles, boats, motorcycles, or personal watercraft;
or the repair and maintenance of heavy equipment or machinery, commercial
vehicles or trailers, marine vessels, or similar; or media blasting, paint
stripping, and paint or body work.
b. Typical Uses
Heavy Repair and Maintenance may include but is not limited to:
1) Machine
shops, welding services, engine and transmission shops, and radiator shops;
2) Paint
or body shops, collision damage repairs and frame straightening, fiberglass
repair, media blasting or paint stripping, powder coating, and steam cleaning;
3) Garages
for general engine type repair including rebuilding, repairing or removing
engines, transmissions, starters, alternators, radiators, air conditioners,
compressors, brake systems, hydraulics, fuel systems, cooling systems, exhaust,
electrical or electronic systems, propulsion systems, drive train, and steering
systems; or,
4) Any
Light Repair and Maintenance Use, which involves any of the above or requires outdoor
storage or activities.
c. Overlays – Westgate Community Redevelopment
Area Overlay (WCRAO)
Heavy Repair and Maintenance uses are prohibited in the NR, NRM,
NG, and NC Sub-areas, as outlined in Table
3.B.14.E, WCRAO Sub-area Use Regulations.
d. Setbacks
No repair or maintenance building, structure, or activity shall
be allowed within 100 feet of a parcel of land with a residential FLU
designation or use.
e. Nuisances
1) Enclosed
Repair Activities
All repair and maintenance activities shall be conducted within
an enclosed structure, except in the IL and IG districts with an IND FLU
designation, and PDDs with an IND FLU designation, where in compliance with Art.
5.B.1.A.3, Outdoor Storage and Activities. [Ord. 2023-011]
2) Vehicle
or Equipment Testing on Residential Streets
Testing of vehicles or equipment shall be prohibited on Residential
Streets.
f. Outdoor Parking or Storage
1) The
outdoor storage of disassembled vehicles, equipment, or parts shall be
prohibited, except in the IL and IG districts with an IND FLU designation, and
PDDs with an IND FLU designation. [Ord.
2023-011]
2) All
vehicles or equipment shall be parked in designated storage areas, except for
the following:
a) Automobiles
dropped off by customers may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period; and
b) Automobiles
placed for customer pick-up may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period.
a. Definition
An indoor establishment engaged in the minor repair or
maintenance of automobiles, light duty commercial vehicles rated one ton
capacity or less, boats, motorcycles, personal watercraft, golf carts, mopeds,
lawn mowers, major household appliances, or household furniture.
b. Typical Uses
Light Repair and Maintenance establishments may include but are
not limited to tune-up stations, glass shops, quick-lube stations, muffler
shops, upholstery shops, tire installation and service, alignment shops,
replacement of brake linings, and lawn mower repair and maintenance.
c. Overlay – Westgate Community Redevelopment
Area Overlay (WCRAO)
Light Repair Maintenance uses are prohibited in the NR, NRM, NG,
and NC Sub-areas, as outlined in Table
3.B.14.E, WCRAO Sub-area Use Regulations.
d. Zoning Districts – CN and CC District and
Commercial Pod of PUD
Shall be limited to a maximum of 5,000 square feet of GFA.
e. Accessory Use
Light Repair and Maintenance may be Permitted by Right as an
accessory use to Heavy Repair and Maintenance.
f. Setbacks
No repair or maintenance building, structure, or activity shall
be allowed within 100 feet of any parcel of land with a residential FLU
designation or use.
g. Nuisances
1) Enclosed
Repair Activities
All repair and maintenance activities shall be conducted within
an enclosed structure.
2) Vehicle
or Equipment Testing on Residential Streets
Testing of vehicles, equipment, or other similar shall be
prohibited on Residential Streets.
h. Outdoor Parking or Storage
1) The
outdoor storage of disassembled vehicles, equipment, or parts shall be
prohibited.
2) All
vehicles or equipment shall be stored in designated storage areas, except for
the following:
a) Automobiles
dropped off by customers may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period; and
b) Automobiles
placed for customer pick-up may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period.
a. Definition
An establishment engaged in the minor repair of personal apparel
or household appliances, and similar items.
b. Typical Uses
Limited Repair Services may include but are not limited to
apparel repair and alterations, small appliance repair (excluding major
appliances such as washers and dryers, refrigerators, stoves, and dishwashers),
bicycle repair, clock and watch repair, and shoe repair shops.
c. Zoning
Districts – CN District, Commercial Pod of PUD, and TND Neighborhood
Center
Shall be limited to a maximum of 3,000 square feet of GFA.
d. Enclosed Repair Activities
All repair activities
shall be conducted within an enclosed structure.
e. Storage
Outdoor storage shall be prohibited.
a. Definition
An establishment
equipped to sell food and beverages in one of the following methods: drive-through
sales to patrons in automobiles for take-out who place orders through a window
or remote transmission device; or sales to patrons for take-out or dining in,
that includes three or more of the following: food or beverage choices are
advertised on a menu board; countertop sales where payment is made prior to
consumption; disposable containers and utensils; limited-service dining
facilities with no hostess or waiters; and, self-service or prepackaged
condiments.
b. Approval
Process
1) DRO Approval
A Type 1 Restaurant without a drive-through where the use is allowed provided
the GFA including outdoor dining areas does not exceed 5,000 square feet.
2) Permitted by Right
A Type 1 Restaurant without a drive-through or located in an outparcel,
may be Permitted by Right in any PDD or TDD with a commercial or institutional
FLU designation, or pod; the Commercial or Recreation Pod of a PUD, MHPD, or
RVPD; and, all commercial zoning districts, provided the GFA including outdoor
dining areas does not exceed 1,500 square feet.
c. Tier
Specific – Exurban and Rural
A Type 1 Restaurant shall comply with the following:
1) Shall
not be the sole use on the property;
2) Shall
be located in an MUPD or TDD;
3) Shall
not have direct ingress/egress to an adjacent Arterial or Collector Street. Ingress/egress
shall be from the interior of the overall vehicular circulation system for the
development or interior streets, whichever is applicable; and,
4) Shall comply with the design requirements
outlined under Art. 4.B.2.C.31.f.3), Location Criteria, Exceptions.
d. Zoning
District – TMD
A Type 1 Restaurant shall be limited to: [Ord. 2017-025]
1) 5,000
square feet of indoor dining area, for a maximum of 6,500 square feet of GFA.
2) Located
in an outparcel or freestanding building; or
3) A drive-through, unless it is located in the
rear of a building, with access from an alley or the interior of a parking
area, and is covered by a canopy or the second story of a building.
e. Accessory
Alcohol Sales
A Type 1 Restaurant may
include the on-premises sale, service, and consumption of alcoholic beverages
as an accessory use.
f. Location
Criteria
A Type 1 Restaurant with a drive-through shall be subject to the
following:
1) Intersection Criteria
A maximum of two Type 1 Restaurants shall be permitted at an
intersection in accordance with Art. 5.E.2.B,
Intersection Criteria.
2) Separation Criteria
A Type 1 Restaurant shall be separated from any other Type 1 Restaurant
in accordance with Art. 5.E.2.C.2,
Separation Criteria.
3) Exceptions
a) Design Criteria
A Type 1
Restaurant may be exempt from the location criteria if the site is designed to:
address the additional trips associated with a drive-through restaurant; as
well as enhance pedestrian circulation, safety and accessibility while limiting
vehicular circulation using exemplary site design, and architectural
treatment that incorporates the following:
(1) Drive-through facilities, including queuing
and by-pass lanes that run parallel and are visible from adjacent streets,
shall provide additional landscaping to mitigate views of the vehicular use
areas.
(2) If located in a non-residential
Planned Development District or a Commercial Pod, all the required parking
spaces shall be located in close proximity to the restaurant that they serve. Required
parking shall not be separated from the restaurant main entrance by a distance
of more than 150 feet. The Applicant may request an increase to this distance
up to a maximum of ten percent of the dimensional requirement through a Type 1 Waiver.
(3) If located in Standard Zoning Districts and
required by the Zoning Director, cross-access shall be provided to all abutting
parcels that have commercial FLU designation. If required, the cross-access
easement shall be recorded prior to Final Approval by the DRO. The Zoning
Director may elect not to require the cross-access easement based on review of
the existing or approved use for the abutting property.
(4) Consideration shall be given to site design
that promotes a safe pedestrian environment and addresses vehicular circulation
and maneuvering. A restaurant located on a single parcel with a Standard Zoning
District is allowed continuous vehicular circulation:
(a) on all four sides of the building if the site
is limited to only one access point to the subject property; or
(b) on all three sides of the building if site is
limited to two access points to the subject property.
(5) Landscape Plans and Architectural Elevations
shall be required as part of any application for a Conditional Use, or any DOA
affecting the items listed herein.
b) MUPD
A Type 1 Restaurant located
within an MUPD may be exempt from the location criteria of Art. 4.B.2.C.31.f.1), Intersection Criteria, and Art. 4.B.2.C.31.f.2), Separation Criteria, where in compliance with the following:
(1) Required perimeter landscape buffers, where
located between all Type 1 Restaurant areas, including ingress/egress, and any
R-O-W or parcel of land with a residential FLU designation or use, unless
obstructed from view by other existing structures; and
(2) Direct access from any perimeter R-O-W
abutting the MUPD shall be prohibited. All access shall be from entrances
established for the overall MUPD, and comply with minimum standards for
ingress/egress, stacking, turn lanes, and pedestrian connectivity.
g. Major
Intersection Criteria for CL FLU
A Type 1 Restaurant with a CL FLU designation shall comply with Art. 5.E.1, Major
Intersection Criteria, unless the restaurant meets the
requirements of one or more of the following: Art.
4.B.2.C.31.b.1), DRO Approval, Art.
4.B.2.C.31.b.2), Permitted by Right, is located within a
TMD, or complies with the design requirements outlined under Art.
4.B.2.C.31.f.3), Exceptions.
h. Outdoor
Dining
Shall comply with the principal structure setbacks.
1) Dog Friendly Dining
Pursuant to F.S. § 509.233, as amended, a Type 1 Restaurant may allow
patrons with dogs within designated outdoor dining areas. Before allowing
patrons’ dogs on their premises, a participating restaurant shall apply for and
receive a Dog Friendly Dining Special Permit from the Zoning Division in
accordance with the permit application requirements described in F.S. § 509.233. A restaurant shall be subject to the
minimum regulations and limitations described in F.S. § 509.233. [Ord.
2021-027] [Ord. 2022-001]
a) A participating restaurant shall post all
signs required by F.S. § 509.233, in size 12 font or greater, in a location
that is legible from the entrance of the designated outdoor Dog Friendly Dining
area. [Ord. 2021-027]
b) A participating restaurant shall ensure that
the Dog Friendly Dining Special Permit is available for inspection during hours
of operation. [Ord. 2021-027] [Ord. 2022-001]
c) A Dog Friendly Dining Special Permit is not
transferable to a subsequent owner upon the sale of a restaurant, and shall
expire automatically upon any such sale. [Ord. 2021-027] [Ord. 2022-001]
a. Definition
An establishment with
no drive-through, equipped to sell food and beverages, served and consumed
primarily on the premises, that includes three or more of the following: host
or hostess assists patrons upon entry; food and beverage choices are offered
from a printed menu provided by wait staff at a table; orders are taken at the
table; food is served on dishes and metal utensils are provided; and, payment
is made after meal consumption.
b. Approval
Process – DRO Approval
1) TND NCs
A Type 2 Restaurant
less than 3,000 square feet of GFA per establishment including outdoor dining
areas, may be approved by the DRO, provided the total of all Type 2 Restaurants
do not exceed 30 percent of the GFA of the development. [Ord. 2023-011]
2) CHO District; and PDDs with a CH-O FLU
If contained in an office,
or Hotel or Motel structure that does not exceed 30 percent of the GFA of the
structure, or 5,000 square feet, whichever is less, may be approved by the DRO.
3) CRE District; PDDs with a CL or CR FLU; PUD
Commercial Pods and PIPD Commercial Pod
A Type 2 Restaurant
less than 5,000 square feet of GFA per establishment, including outdoor dining
areas, may be approved by the DRO.
c. Brewery-Distillery
A Restaurant may
include a Manufacturing and Processing Brewery-Distillery use on up to 50
percent of the gross floor area, including outdoor seating, for that
establishment. [Ord. 2023-011]
d. Accessory
Alcohol Sales
A Type 2 Restaurant may include the on-premises accessory sale, service,
and consumption of alcoholic beverages. [Ord. 2023-011]
e. Accessory
Take-Out Service
Accessory take-out
service shall be allowed provided there are no vehicle take-out windows that
include exterior menu boards, queuing lanes, or order services. [Ord. 2023-011]
f. Outdoor
Dining
Shall comply with the principal structure setbacks.
1) Dog Friendly Dining
Pursuant to F.S. § 509.233, as amended, a Type 2 Restaurant may allow
patrons with dogs within designated outdoor dining areas. Before allowing
patrons’ dogs on their premises, a participating restaurant shall apply for and
receive a Dog Friendly Dining Special Permit from the Zoning Division in
accordance with the permit application requirements described in F.S. § 509.233. A restaurant shall be subject to the
minimum regulations and limitations described in F.S. § 509.233. [Ord.
2021-027] [Ord. 2022-001]
a) A participating restaurant shall post all
signs required by F.S. § 509.233, in size 12 font or greater, in a location
that is legible from the entrance of the designated outdoor Dog Friendly Dining
area. [Ord. 2021-027]
b) A participating restaurant shall ensure that
the Dog Friendly Dining Special Permit is available for inspection during hours
of operation. [Ord. 2021-027] [Ord. 2022-001]
c) A Dog Friendly Dining Special Permit is not
transferable to a subsequent owner upon the sale of a restaurant, and shall
expire automatically upon any such sale. [Ord. 2021-027] [Ord. 2022-001]
a. Definition
An establishment providing general retail sales or rental of
goods, but excluding those uses specifically classified as another Use Type.
b. Typical Uses
Retail Sales may include but are not limited to clothing stores,
bookstores, business machine sales, food and grocery stores, window tinting,
marine supply sales (excluding boat sales), auto accessories and parts,
building supplies and home improvement products, monument sales, printing and
copying, pharmacies, and medical marijuana dispensing facilities. Uses shall
also include the sale of bulky goods such as household goods, lawn mowers, and mopeds.
[Ord. 2017-028]
c. Zoning Districts
1) TND District
In a Neighborhood Center, Retail Sales shall not exceed 5,000
square feet of GFA per establishment.
a) A maximum of
40,000 square feet of GFA for a food store or 20,000 square feet of GFA for a
food store when the TND is developed as part of a TTD.
b) In a Multifamily
building with more than 50 units, a “corner store” may be allowed, provided it
does not exceed 1,000 square feet of GFA and is integrated into the building
and at a corner location.
2) TMD District
a) In a TMD, a
single establishment shall not exceed the following:
(1) 100,000 square
feet of GFA in the U/S Tier;
(2) 50,000 square
feet of GFA in the Exurban and Rural Tiers; and,
(3) 65,000 square
feet of GFA in the AGR.
b) A drive-through
facility for a drug store is allowed subject to the following:
(1) If located in
the rear of a building;
(2) Access shall be
from an alley, an interior parking area, or a street not designated as a Main
Street; and,
(3) The
drive-through facility shall be covered by a canopy or the second story of a
building.
3) CN District
Shall be limited to a maximum of 3,000 square feet of GFA per
establishment.
d. Outdoor Display Areas – Monument
Sales
An outdoor display area for the retail sale of monuments,
gravestones, markers, or headstones for placement on graves shall be exempt
from the provisions in Art. 5.B.1.A.3,
Outdoor Storage and Activities when located in a designated display area on
the Final Site Plan.
e. Fireworks
The retail sale or
storage of fireworks as a principal use in any commercial district is prohibited.
[Ord. 2018-002]
1) Exception
Temporary sale of
sparklers, subject to a DRO approval through the ZAR process.
f. Sale or Dispensing of Controlled
Substances – Pharmacy
A pharmacy shall be
subject to the following:
1) No more than 15 percent of the total number
of prescriptions filled within a 30-day period can be derived from the sale of
controlled substances that are identified in Schedule II in accordance with F.S. § 893.03, and as further amended by F.S. § 893.035, F.S. § 893.0355, or F.S. § 893.0356, as determined by audits or information
provided through the Florida Department of Health or any other government
agency having the legal right to view such records.
g. Collocated Use
A Retail Sales use may be Permitted by Right in the IL, IG, PO, or
IPF Zoning District or MUPD with an INST FLU designation when collocated with
an Animal Shelter. [Ord. 2018-018]
h. Unmanned Retail Structure
An unmanned structure which stores or dispenses items for sale,
rent, or customer pick-up.
1) Definition and
Typical Uses
a) Freestanding
Includes Unmanned Retail Structures that are not attached to a
building and located farther than 15 feet from the nearest principal structure.
b) In-Line
Includes Unmanned Retail Structures that are adjacent to, attached
to, or located within 15 feet of a principal structure, and not separated by
vehicular access drives.
2) Accessory Use – Industrial
Zoning Districts
May be allowed as an accessory use to Data and Information
Processing, Research and Development, Government Services, or Wholesaling.
3) Size
Shall not exceed 150 square feet, excluding canopies provided
for decorative aesthetics or protection from weather.
4) Number
Shall not exceed one per development.
5) Design Standards
Shall not encroach any required site design elements, including
but not limited to: drive aisles, easements, landscaping, parking spaces, and
ADA paths.
a) Freestanding
(1) Shall achieve
architectural compatibility with the other structures in the development,
including texture, paint, and similar building materials.
(2) Shall be
limited to one story, not to exceed 15 feet in height.
b) In-Line
(1) Shall not
exceed eight feet in height, or nine feet if including a weather protection
canopy.
(2) Shall not
obstruct more than 20 percent of the windows.
6) Signage
a) Freestanding
Wall signs may be allowed for buildings that meet the
requirements for Art.
5.C.1.H.1.a, Guidelines for Non-Residential Design Elements.
b) In-Line
Shall be limited to a maximum of 20 percent of each side's façade
of the structure, or a maximum of four square feet, per side, whichever is
less.
1) Definition
A facility, operated by a Medical Marijuana Treatment Center
(MMTC) in accordance with the Florida Department of Health as a medical
marijuana dispensing facility that dispenses medical marijuana to qualified
patients or caregivers. A medical marijuana dispensing facility does not
prepare, transfer, cultivate, or process any form of marijuana or marijuana
product. [Ord. 2017-028]
2) Location
Medical marijuana dispensing facility shall not be located
within 500 feet of an existing Elementary or Secondary School, unless approved
as a Type 2 Waiver. [Ord. 2017-028]
a. Definition
A Single Family
dwelling with lodging for a maximum of up to five persons, where meals may or
may not be regularly prepared and served, and facilities such as kitchen and
bathrooms may be shared with other residents.
b. Zoning District
A Rooming and Boarding
House shall only be allowed in the RM Zoning District with an HR FLU
designation.
c. Dwelling
Modifications
Only exterior alterations necessary to assure safety of the structure or
enhance the compatibility with the surrounding neighborhood. A Single Family
dwelling may require structural or other modifications to ensure compliance
with the applicable Building Code and Fire Rescue regulations.
a. Definition
A facility consisting
of individual, self-contained units that are leased for the storage of
business, household, or other personal goods.
1) Types Permitted
Self-Service Storage
facilities may include but are not limited to Limited or Multi Access storage
units, with or without Outdoor Storage areas, limited to the storage of
personal or household goods, automobiles, recreational vehicles, boats, or
personal watercraft, only, subject to the following:
a) Limited Access
Limited Access is a
Self-Service Storage facility with limited access points from the exterior of
the building to interior halls that serve individual storage units.
b) Multi-Access
Multi-Access is a one-story
Self-Service Storage facility with multi-access points from the exterior of the
building to individual storage units.
b. Overlay
– Westgate Community Redevelopment Area Overlay (WCRAO)
Self-Service Storage is
prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined in Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
c. Zoning
Districts – Commercial Pod of PUD or Neighborhood Center of TND
Self-Service Storage in
Commercial Pods of a PUD or Neighborhood Center of a TND, shall be limited as
follows:
1) Maximum of 50 percent of the overall GFA; and
2) Multi-Access shall be prohibited; and
3) Outdoor Storage shall be limited to a maximum
of 30 percent of overall Self-Service Storage building square footage.
d. Accessory
Uses – Industrial Districts
Where permitted in industrial
districts, a Self-Service Storage use may include accessory retail use, limited
to the rental and sale of retail items used for moving and storage, such as
hand trucks, cartons, tape, and packing materials.
e. Architecture
1) Storage Access or Storage Unit Door Screening
Access points and
storage unit doors shall be screened from all public streets, residential uses,
or vacant parcels with a residential FLU designation, through the use of
buildings, walls, opaque vehicular gates which primarily remain closed, or
other similar barriers. [Ord. 2018-002]
2) Fenestration
The use of fenestration
that allows visibility of storage unit doors or is designed in conjunction with
interior signage, logos, lighting, or paint schemes intended to expand permitted
exterior signage shall be prohibited. [Ord.
2018-002]
f. Landscaping
– Incompatibility Buffer Screening Requirements
Where an Incompatibility
Buffer is required, the minimum six-foot screening requirement may be waived,
subject to the following:
1) Façades
The exterior façades of
storage structures present an unbroken, wall-like appearance when seen from
adjacent lots and streets.
2) Wall
Separate storage
structures are connected by a solid opaque wall to give the appearance of
structural continuity. This option may be permitted where Fire Rescue may
require access for emergency purposes upon demonstration that any required
gates are designed and constructed to provide the same visual barrier as the
required wall.
3) Access Aisles
No aisleways or other
vehicle access ways are located in the area between the building and the
adjacent property line.
g. Storage
1) Hazardous Materials Prohibited
The storage of
flammable, hazardous, or explosive materials, goods, or products shall be
prohibited.
2) Outdoor Storage Standards
Outdoor storage shall be subject to the following:
a) Permitted Vehicles
Shall be limited to the
storage of vehicles of the type customarily maintained by households for
personal use such as recreational vehicles or pleasure boats, or a Home
Occupation Vehicle.
b) Location
The storage shall occur only within a designated area.
c) Storage Area
The storage area shall not exceed 50 percent of the lot area.
d) Screening
The storage area shall be completely screened from view from adjacent properties
and public streets by landscaping, fences, walls, or buildings.
e) Mobility
All vehicles and trailers shall be licensed for use on public streets. Other
vehicles, including recreational vehicles, boats, and personal watercraft,
shall be stored on wheeled trailers.
f) Repair Prohibited
Vehicle repair shall be prohibited.
h. Supplemental
Circulation Standards for Multi-Access Facilities
1) Interior
The minimum width of
aisleways between storage structures shall be 20 feet for one-way traffic, and
30 feet if two-way traffic.
2) Flow
Traffic flow patterns
in aisleways shall be clearly marked. Markings shall consist at a minimum of
standard directional signage and painted lane markings with arrows.
i. Business
Uses Prohibited
Businesses shall be
prohibited from operating within any Self-Service Storage facility or storage
unit or outdoor storage area, except as follows:
1) Storage of Business Goods
A storage unit shall
not be used to store inventory, equipment, or material required on a daily or
recurring basis necessary for a business trade or occupation.
2) Home Occupation Vehicles
A maximum of one
business-related vehicle per storage customer a maximum of 8,000 pounds curb
weight may be stored in a Multi-Access storage unit or outdoor storage area.
a. Definition
An establishment with
lodging for five or more persons housed in individual rooms, where meals may or
may not be regularly prepared and served, and facilities such as kitchen and
bathrooms may be shared with other residents. [Ord. 2020-020]
a. Definition
An establishment that
hosts live performances, viewings, seminars, or exhibitions.
b. Typical
Uses
Typical uses may
include but are not limited to movie theaters, theaters, conference centers,
and exhibition halls.
c. Approval
Process
May be Permitted by
Right if it is indoor and less than 15,000 square feet of GFA, and located in
the zoning districts where the use is allowed, unless stated otherwise. [Ord. 2020-020]
d. Building
Area – CN Zoning District
Shall be limited to
3,000 square feet of GFA.
a. Definition
An establishment
engaged in the sale, retail or wholesale, rental, or lease of new or used
mobile homes or commercial vehicles, as may be defined by the Florida
Department of Motor Vehicles, or equipment, including but not limited to the
following: heavy trucks, truck tractors, road tractors, straight trucks,
special mobile equipment, buses, school buses, farm tractors, farm implements,
heavy equipment including construction and earth moving equipment, trailers,
and semi-trailers.
b. Typical
Uses
Typical uses include
independent dealers, franchise dealers, wholesale dealers, or mobile home
dealers or brokers; or moving truck or trailer rental, construction or farm
equipment sales or rental yards, and large implement sales or rental.
c. Approval
Process
1) Moving Truck and Trailer Rental
Moving Truck and
Trailer Rental, limited to a maximum of five vehicles per lot, may be permitted
as an accessory use to Retail Gas and Fuel Sales or a Large Scale Commercial
Development, subject to DRO approval.
2) IL District with IND FLU Designation, MUPD
with IND FLU Designation, and Light Industrial Pod of a PIPD – Rental
Equipment
The rental of
construction equipment, moving trucks or trailers, farm equipment, and farm
implement and machinery sales and rental uses may be allowed subject to DRO
approval. [Ord. 2023-011]
3) Rural Tier Farm Equipment – MUPD with CL FLU
Designation
Heavy Vehicle or
Equipment Sales and Rental limited to farm equipment that supports the
residents of the Rural Tier may be allowed in an MUPD with a CL FLU
designation, subject to Class A Conditional Use approval.
d. Overlay
– Westgate Community Redevelopment Area (WCRA) Overlay
Heavy Vehicle or
Equipment Sales and Rental is prohibited in the NR, NRM, NG, and NC Sub-areas,
as per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
e. Lot
Size
1) Commercial Districts
A minimum of three acres.
2) IL District with IND FLU Designation
A minimum of one acre. [Ord.
2023-011]
f. Accessory
Uses
1) Accessory Retail Sales
Retail sale of parts
may be provided as an accessory use.
2) Accessory to Heavy Repair and Maintenance
Limited Heavy Vehicle
Sales and Rental, may be permitted as an accessory use to Heavy Repair and
Maintenance facilities, subject to DRO approval, and the following:
a) Limited to the display or advertising of a
maximum of five vehicles per lot.
b) All storage spaces shall be located indoors,
or set back a minimum of 100 feet from the front and side street property
lines, or in a location which is screened from view from any public street by a
combination of buildings or walls, or opaque fences or landscaping.
c) Vehicles on display shall be located within
100 feet of a repair bay.
g. Nuisances
– Test Drives
Test drives of motor
vehicles shall be prohibited on Residential Streets.
h. Storage
or Display
Outdoor storage or display of vehicles or equipment shall only be
permitted in areas designated for storage or display on an approved Development
Order, subject to the following requirements:
1) General
a) Vehicle Operating Conditions
(1) The storage or display of inoperable vehicles
or equipment shall be prohibited, with exception to designated storage areas
permitted under an approved accessory or collocated use.
(2) No vehicles or equipment shall be stored or
displayed on site except those intended for sale, rental, or lease. An
exception shall be permitted for new motor vehicle or equipment inventory owned
by another dealership, provided that such vehicles or equipment is of the same
type approved for the subject site.
b) Loading Spaces
Loading spaces shall be
set back a minimum of 100 feet from an existing residential use or vacant
parcel with a residential FLU designation.
c) Required Parking
Parking for vehicle
storage, sales, or display may not be counted toward meeting the number of on-site
parking spaces required for customers and employees.
2) Standards for Bull Pen Storage
a) Location or Design
Bull Pen Storage areas
shall be located towards the side or rear of the property and designed in a
manner that clearly distinguishes the storage area from vehicle showroom or
Outdoor Display areas, by placement behind buildings, or through use of opaque
fences, walls, or landscape barriers a minimum of six feet high.
b) Outdoor Storage
Bull Pen Storage areas
shall comply with the Outdoor Storage area requirements of Art. 5, Supplementary Standards. This shall not preclude the ability to
seek Variance relief.
3) Standards for Display Areas
a) General
No vehicle shall be
parked, stored, or displayed with its hood or trunk open. Motor vehicles on
display shall not be elevated in full or in part.
b) Barrier
A barrier shall be
provided between display areas, and customer parking, related driveway access,
or drive aisles. This barrier may be in the form of a landscape strip, curbing,
removable bollards, or other suitable barrier approved by the DRO.
c) Design Standards
Display areas shall
conform to Art. 6, Parking, Loading, and Circulation, except for space striping.
4) Standards for Moving Truck and Trailer Rental
Designated
storage spaces for each truck or trailer shall be depicted on the approved Site
Plan. All storage spaces shall be set back a minimum of 100 feet from the front
and side street property lines, or in a location which is fully screened from
view from any public street by a combination of walls, fences, or landscaping.
a. Definition
An establishment
engaged in the sale, retail or wholesale, rental, or lease of new or used motor
vehicles as may be defined by the Florida Department of Motor Vehicles, or
boats, and recreational vehicles, including but not limited to the following
vehicles typically acquired for personal non-commercial use:
1) Automobiles, sport utility vehicles (SUVs),
and light trucks or vans with a curb weight of 8,000 pounds or less; or
2) Boats, personal watercraft, recreational
vehicles (RVs), off-highway vehicles (OHVs), motorcycles, golf carts, or swamp
buggies.
b. Typical
Uses
Typical uses include
independent dealers, franchise dealers, wholesale dealers, or new and used
recreational vehicle dealers, auto and truck rental, and boat or personal
watercraft rental and sales.
c. Approval
Process
1) Indoor Vehicle Showroom
An indoor Vehicle Sales
and Rental facility located in the CG or MUPD districts shall be exempt from
the minimum three-acre lot size requirement, and may be allowed subject to DRO
approval and the following criteria. [Ord.
2021-006]
a) Floor Area
A maximum of 30,000 square feet and 15 display vehicles.
b) Test Drives
Test drives shall not be permitted from the Indoor Vehicle Showroom or
on site.
c) Vehicle Operations
Display vehicles shall not operate engines during store hours. Engines
shall only be permitted to operate during the transport of vehicle into or out
of the showroom.
d) Parking
Vehicles for sale or lease shall not be parked or displayed outside of
the showroom.
e) Stand-Alone Exception
A stand-alone facility may be exempt from the limitations of a) through
c) above, provided that all vehicle display, storage, detailing, or other collocated
uses or activities occur indoors. [Ord. 2021-006]
2) Neighborhood Vehicle Rental Facility
A Neighborhood Vehicle Rental Facility may be allowed in the CN,
CC, and CG Zoning Districts; the Commercial Pod of a PUD; PDDs with a CH or CL
FLU designation; or, the Neighborhood Center (NC) of a TDD, subject to DRO
approval and the following: [Ord. 2021-006]
a) Vehicle Limitations
A maximum of six
vehicles stored on site, limited to cars, SUVs, standard pick-up trucks, and
minivans.
b) Minimum Lot Size
The lot size shall
comply with the minimum required for the applicable zoning district. Legal non-conforming
Lots of Record shall be able to develop a Neighborhood Vehicle Rental Facility
provided all other minimum site development regulations can be met.
c) Parking
The rental vehicles
shall be parked in specifically designated spaces or located in Bull Pen Storage.
d) Outdoor Activities
Maintenance, repair,
detailing, washing, cleaning, or related activities shall not be conducted on site.
d. Overlay
– Westgate Community Redevelopment Area (WCRA) Overlay
Light Vehicle Sales and
Rental is prohibited in the NR, NRM, NG, and NC Sub-areas, as per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
e. Zoning
Districts
1) Commercial Pod of PUD and Neighborhood Center
of TND
Shall be limited to a
Neighborhood Vehicle Rental Facility.
2) TMD
Shall be limited to
Indoor Vehicle Showroom. [Ord.
2017-025]
3) Districts with Commercial Low FLU Designation
The sale or rental of
OHVs, RVs, boats, or motorcycles shall be subject to the standards for
accessory uses.
4) IL District with IND FLU Designation – Automobile
Rental
An Automobile Rental
may be allowed in the IL Zoning District where the front or side street
property line is adjacent to a Major Street, subject to a Class A Conditional
Use approval. [Ord. 2021-006] [Ord. 2023-011]
f. Lot
Size
A minimum of three acres,
excluding the following:
1) Indoor Vehicle Showrooms;
2) Motorcycle or OHV sales and rental;
3) Boat or watercraft sales and rental when
collocated with a Marina Facility; or,
4) Where otherwise stated within this Subsection.
g. Accessory
Uses
1) Marinas
Vehicle Sales and
Rental limited to boats and personal watercraft may be permitted as an accessory
use to Marina Facilities in the CRE district or an MUPD with CR FLU
designation, and shall be exempt from the minimum three-acre lot size
requirement.
2) Accessory to Heavy Repair and Maintenance
Limited Light Vehicle
Sales and Rental, may be permitted as an accessory use to Heavy Repair and
Maintenance facilities, subject to DRO approval, and the following:
a) Limited to the display or advertising of a
maximum of five vehicles per lot.
b) All storage spaces shall be located indoors,
or set back a minimum of 100 feet from the front and side street property
lines, or in a location which is screened from view from any public street by a
combination of buildings or walls, or opaque fences or landscaping.
c) Vehicles on display shall be located within
100 feet of a repair bay.
h. Nuisances
– Test Drives
Test drives of motor
vehicles shall be prohibited on Residential Streets.
i. Storage
or Display
Outdoor storage or display of vehicles shall only be permitted in areas
designated for storage or display on an approved Development Order, subject to
the following requirements:
1) General
a) Vehicle Operating Conditions
(1) The storage or display of inoperable vehicles
or equipment shall be prohibited, with exception to designated storage areas
permitted under an approved accessory or collocated use.
(2) No vehicles or equipment shall be stored or
displayed on site except those intended for sale, rental, or lease. An
exception shall be permitted for new motor vehicle or equipment inventory owned
by another dealership, provided that such vehicles or equipment is of the same
type approved for the subject site.
b) Loading Spaces
Loadings spaces shall
be set back a minimum of 100 feet from an existing residential use or vacant
parcel with a residential FLU designation.
c) Required Parking
Parking for vehicle
storage, sales, or display may not be counted toward meeting the number of
on-site parking spaces required for customers and employees.
2) Standards for Bull Pen Storage
a) Location or Design
Bull Pen Storage areas
shall be located towards the side or rear of the property and designed in a
manner that clearly distinguishes the storage area from vehicle showroom or
Outdoor Display areas, by placement behind buildings, or through use of opaque
fences, walls, or landscape barriers a minimum of six feet high.
b) Outdoor Storage
Bull Pen Storage areas
shall comply with the Outdoor Storage area requirements of Art. 5, Supplementary Standards. This shall not preclude the ability to
seek Variance relief.
3) Standards for Display Areas
a) General
No vehicle shall be
parked, stored, or displayed with its hood or trunk open. Motor vehicles on
display shall not be elevated in full or in part.
b) Barrier
A barrier shall be
provided between display areas, and customer parking, related driveway access,
or drive aisles. This barrier may be in the form of a landscape strip, curbing,
removable bollards, or other suitable barrier approved by the DRO.
c) Design Standards
Display areas shall
conform to Art. 6, Parking, Loading, and Circulation, except for space striping.
a. Definition
An establishment engaged in providing medical care, treatment,
and temporary boarding for animals.
b. Approval Process – AGR, AR, CLO
Zoning Districts and MUPD with CL, CL-O FLU Designation
1) A Veterinary
Clinic may be Permitted by Right in the AR, CLO Zoning District, and MUPD with
CL or CL-O FLU designation, subject to the following limitations: [Ord. 2019-005]
a) GFA shall not
exceed 5,000 square feet; and
b) Shall not
include outdoor runs.
2) A Veterinary
Clinic may be Permitted by Right in the AGR Zoning District. The GFA shall not
exceed 5,000 square feet. [Ord. 2019-005]
c. Lot Size – AR and AGR Districts
Shall be located on a minimum of five acres.
d. Zoning District
A Veterinary Clinic shall not have outdoor runs and limited to
the following:
1) CC and CN Zoning
Districts
Shall not occupy more
than 3,000 square feet of GFA.
2) MUPD with CL FLU
Designation and TDD Districts
Shall not occupy more
than 5,000 square feet of GFA. [Ord.
2017-025]
3) Infill
Redevelopment Overlay
Boarding facilities
shall comply with the standards for a Type 3 Commercial Kennel.
e. Outdoor Runs
A Veterinary Clinic
with outdoor runs shall comply with the following standards:
1) Lot Size
A minimum of one acre.
2) Setbacks
Outdoor runs shall not
be located within 50 feet of any property line adjacent to a parcel of land
with a residential FLU designation or use; or 25 feet from any property line
adjacent to a non-residential zoning district, use, or FLU.
3) WCRAO
Outdoor runs shall not
be located within 25 feet of any property line.
4) Standards
A six-foot-high fence
shall be required around the runs. If the fence is not opaque or screened from
view of adjacent properties or R-O-W, a continuous opaque hedge, a minimum of
four feet at installation, shall be provided around the run.
5) Waste Disposal
A Veterinary Clinic
shall meet the ECR I and ECR II standards and shall be subject to all
applicable rules and regulations of the FDEP, PBCHD, and SWA.
f. Facility without Outdoor Runs
A Veterinary Clinic
without outdoor runs shall be required to make accommodations to ensure animal
waste is properly disposed of within the facility.
g. Collocated Use
1) A Veterinary
Clinic may be Permitted by Right in the IG, PO, or IPF Zoning District or MUPD
with an INST FLU designation when collocated with an Animal Shelter. [Ord. 2018-018]
2) Veterinary
Clinics operated by a licensed veterinarian for the care of the animals kept in
the shelter facility may also offer veterinary services to the public. [Ord. 2018-018]
a. Definition
An establishment, that
is not an Elementary or Secondary School, offering regularly scheduled
instruction and training in industrial, mechanical, construction, technical,
commercial, clerical, managerial, or artistic skills.
b. Typical
Uses
A Vocational
Institution may include but is not limited to business, real estate, building,
and construction trades; machinery operation and repair; electronics, computer
programming, and technology; automotive or aircraft mechanics and technology; beauty
or art school; or, instruction leading to a high school diploma.
c. Zoning
District – CN and CC
Shall be limited to
3,000 square feet of GFA.
d. Industrial
FLU Designation
A Vocational
Institution that requires the use of heavy machinery, mechanical, construction,
or industrial equipment such as auto repair, masonry, automotive operation or
repair, metal fabrication, welding, mechanical, or electrical repair shall be
limited to sites with an IND FLU designation excluding Commercial Pod of a
PIPD. [Ord. 2023-011]
e. Nuisances
The use shall be
conducted within an enclosed building in a non-industrial zoning district where
the use is allowed unless separated 250 feet from a parcel of land with a residential
FLU designation or use.
a. Definition
A space within a building that is used jointly for residential
and any non-residential use permitted in the zoning district, where permitted
by the FBC, where the residential space is accessory to the primary use as a
place of work.
b. Non-Residential Designation
Both residential and
non-residential square footage shall be counted towards the maximum FAR allowed
for the district.
c. Floor Area
Shall not exceed 1,000
square feet of living area.
d. Office Space
A minimum of ten
percent of the living area shall be designated as office space.
e. WCRAO
Work/Live Space is
prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
Table 4.B.3.A – Recreation Use Matrix
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
A
|
Arena or Stadium
or Amphitheater
|
1
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
D
|
Campground
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
B
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
P
|
D
|
Entertainment,
Indoor
|
3
|
-
|
A
|
-
|
-
|
-
|
A
|
D
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
D
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
Entertainment,
Outdoor
|
4
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
A
|
-
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
-
|
D
|
D
|
-
|
P
|
-
|
Fitness Center
|
5
|
-
|
A
|
P
|
A
|
-
|
A
|
P
|
-
|
-
|
P
|
D
|
D
|
D
|
-
|
D
|
D
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
B
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
P
|
B
|
Golf Course
|
6
|
-
|
-
|
A
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
P
|
A
|
P
|
P
|
R
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
P
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
P
|
-
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
P
|
P
|
P
|
P
|
Park,
Neighborhood Infill
|
7
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
P
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
P
|
P
|
P
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
P
|
P
|
P
|
P
|
P
|
Park, Passive
|
8
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
D
|
-
|
-
|
B
|
B
|
A
|
A
|
A
|
B
|
B
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
P
|
D
|
D
|
P
|
D
|
Park, Public
|
9
|
-
|
-
|
P
|
P
|
-
|
P
|
P
|
-
|
-
|
P
|
P
|
-
|
P
|
P
|
-
|
P
|
-
|
A
|
A
|
-
|
-
|
P
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
D
|
D
|
P
|
D
|
-
|
Shooting Range,
Indoor
|
10
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
A
|
-
|
D
|
-
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
Shooting Range,
Outdoor
|
11
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
B
|
Zoo
|
12
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
|
|
Use
Approval Process Key:
|
(This page
intentionally left blank)
Pari-mutuel betting or gaming is prohibited in the Agricultural
Reserve (AGR) Tier.
a. Definition
An establishment open, partially or fully enclosed primarily
used or intended for commercial spectator sports, or performance.
b. Typical Uses
Typical uses include sports arenas, jai alai frontons,
racetracks, and concert halls.
c. Location
There shall be a
minimum of 200 feet of lot frontage along a Major Street from which primary
point of vehicular access shall be provided. [Ord. 2021-006]
a. Definition
A parcel of land used for temporary camping and recreational
vehicle (RV) uses, and not as permanent living quarters.
b. Lot Size
A minimum of five acres
or the minimum required by the district, whichever is greater.
c. Use
1) Campsite
Campsites are predominantly intended for use by patrons
occupying tents, pop-up style campers, or Camping Cabins.
2) RV Site
RV sites are primarily intended to accommodate RVs, and shall be
improved with a paved parking pad for the RV and one passenger vehicle.
d. Intensity
Campgrounds may be developed at the following intensities:
Table 4.B.3.C – Campground Intensity
|
Zoning Districts
|
|
|
|
|
|
10/ac.
|
N/A
|
|
10/ac.
|
N/A
|
|
12/ac.
|
6/ac.
|
|
12/ac.
|
|
12/ac.
|
|
MUPD
|
CR FLU
|
16/ac.
|
8/ac.
|
RVPD
|
RR FLU (3)
|
10/ac. (3)
|
4/5 ac.
|
CR FLU
|
24/ac.
|
12/ac.
|
Notes:
|
1.
|
In the LOSTO
only.
|
2.
|
The acreage used
to calculate campsites cannot be used to calculate RV sites, or vice versa. Campsites and RV sites may
be interspersed throughout the site.
|
3.
|
RVPDs existing
prior to March 2, 2017 shall be considered conforming for intensity.
|
|
|
|
|
|
e. Setback for RV or Camp Sites
All sites shall be set
back a minimum of 50 feet from any property line.
1) Campsites and Camping
Cabins
A maximum of 30 consecutive days in a six-month period.
2) RV Sites
a) No person shall
reside or be permitted to reside in a RV site for more than 180 days per
calendar year.
b) Record Keeping
The Campground owner or operator shall keep the following
records:
(1) the make,
model, and year of each RV;
(2) the lot on
which each RV is/was located;
(3) the dates of
occupancy for each RV owner; and,
(4) the name and
permanent address of each RV owner.
c) Mobility
The mobility of each recreational vehicle shall be maintained at
all times. All recreational vehicles shall be currently licensed by the State
of Florida, or the State of residency of the RV owner. The license plate shall
be visible at all times.
g. Accessory Use
1) Camping Cabin
a) Definition
A rental cabin used for temporary occupancy.
b) Use
A Camping Cabin may be allowed as an accessory use to a Campground.
c) Number
A maximum of 30 percent of the total approved campsites may be
used for Camping Cabins.
d) Floor Area
A Camping Cabin shall not exceed 800 square feet of GFA.
e) Additional Floor
Area
Floor area under a solid roof that is utilized as a porch,
patio, porte-cochère, or carport shall not exceed 500 square feet.
f) Amenities
A Camping Cabin may contain electrical outlets (excluding 220
volt), heating, lighting, air conditioning, cooking facilities, and plumbing.
2) Retail Sales,
General
A camp store selling goods intended for consumption and use by
the patrons of a Campground shall be allowed pursuant to the following:
a) Size
Shall not exceed 2,500 square feet of GFA, including storage.
b) Location
Shall be located to the interior of the Campground, and shall
not be accessible from any external roads abutting the Campground property.
c) Parking
Shall provide one parking space per 500 square feet of GFA, plus
one space per employee on duty.
d) Signage
Signage shall be limited to a maximum of 25 square feet of wall
signage located on the front façade of the building, and shall not be visible
from the exterior of the Campground. Freestanding signs shall be prohibited.
h. LOSTO
A Campground or Camping Cabins may be located on parcels within
the LOSTO where the use is not allowed by the Use Matrix, subject to the
following:
1) Campground
A Campground without RV sites may be allowed in the LOSTO
subject to DRO approval.
2) Camping Cabins
A Camping Cabin may be allowed as a principal use, or as an
accessory use to a Single Family dwelling, subject to a DRO approval through
the ZAR process and the following: [Ord.
2018-002]
a) Density
A maximum of ten Camping Cabins per acre when developed as
principal use.
b) Setback
A minimum of 25 feet from all property lines.
c) Occupants
Only users of the LOSTO Trail, such as hikers, bikers, and
tourists, shall be allowed to occupy the cabins.
a. Definition
An establishment offering recreational opportunities or games of
skill to the general public for a fee in a wholly enclosed building.
b. Typical Uses
Indoor Entertainment may include, but not be limited to: bowling
alleys, bingo parlors, pool halls, billiard parlors, banquet and reception
facilities, and video game arcades.
c. Approval Process – CC, CG, MUPD
with CL or CH FLU Designation, and PIPD Zoning Districts
An Indoor Entertainment use encompassing less than 3,000 square
feet of floor area may be Permitted by Right. [Ord. 2021-023] [Ord. 2023-011]
a. Definition
An establishment offering recreational opportunities or games of
skill to the general public where any portion of the activity takes place in
the open for a fee, excluding Golf Courses and Public Parks.
b. Typical Uses
Typical uses include athletic fields, batting cages, golf
driving ranges, water skiing facilities, tennis courts, go-cart tracks,
miniature golf courses, paintball fields, jet skiing, and wind surfing.
An Outdoor
Entertainment use that serves to promote economic benefits, such as enhanced
tourism, job creation, and an amenity for business recruitment, and which
provides for national recognition as a unique recreational facility, may be
allowed within the Regional Recreation Pod of a PIPD subject to Class A
Conditional Use approval, and the following: [Ord. 2017-032]
1) Notification
to Business Development Board
The Applicant shall include documentation confirming that the
Business Development Board (BDB) has been notified of the application for Class
A Conditional Use approval, including tentative BCC public hearing dates, prior
to certification for public hearing. [Ord.
2017-032]
2) Residential Separation
Shall be located a minimum of 1,000 feet from a residential use
or vacant parcel with a residential FLU designation. [Ord. 2017-032]
3) Collocated
Special Event
A Special Event may be collocated with an Outdoor Entertainment
use subject to DRO approval, in accordance with the provisions of Art.
4.B.11.C.8, Special Event. [Ord.
2017-032] [Ord. 2019-005]
d. Location
Access to an Outdoor
Entertainment use shall be prohibited from Local Residential or Residential
Access Streets. [Ord. 2021-006]
e. Setbacks
No building, structure,
trailer, vehicle, mechanical device, or outdoor area shall be located closer to
the property line than as follows:
Table 4.B.3.C – Outdoor Entertainment Setbacks
|
Adjacent Use
|
|
Non-Residential and Streets
|
50’
|
Residential District
or Use (1)
|
100’ (1)
|
[Ord. 2017-032]
|
Notes:
|
1.
|
Outdoor
Entertainment within a PIPD Regional Recreation Pod shall be subject to the
setbacks of Art.
4.B.3.C.4.c.2), Residential Separation. [Ord.
2017-032]
|
|
|
|
An establishment containing multi-use facilities for conducting
individual and/or group recreational sport activities. [Ord. 2023-011]
b. Typical Activities
Typical sport activities may include but are not limited to
aerobic exercises, weight lifting, running, swimming, racquetball, pickle-ball,
gymnastics, dance studios, and martial arts studios. [Ord. 2023-011]
c. Approval Process
1) CC
Zoning District and MUPD with CL FLU Designation
a) A
Fitness Center that has less than 8,000 square feet of GFA shall be Permitted
by Right.
b) A
Fitness Center with more than 8,000 square feet but less than 15,000 square
feet shall be subject to DRO approval.
2) Commercial
Pod of PUD
A Fitness Center less than 10,000 square feet may be Permitted
by Right. [Ord. 2018-018]
d. Zoning District – CN Zoning District
The use shall be limited to 3,000 square feet of GFA when
located in CN Zoning District and shall not include outdoor activities.
e. IND, EDC, and CMR FLU Designations
No more than 20 percent of the square footage of the development
may be utilized as a Fitness Center. [Ord.
2023-011]
a. Definition
An establishment providing a golf recreation area designed for
executive or regulation play along with accessory support facilities, excluding
miniature golf.
b. Accessory Use
1) Clubhouse
A Golf Course use may include a clubhouse. In addition to
traditional and customary services, the clubhouse may also contain uses such as
food service, catering, related retail sales, financial services, and other
personal services.
2) Fencing
Fencing or netting may be erected to protect neighboring
property, vehicles, pedestrians, or bicyclists from golf balls, subject to the
following restrictions:
a) Maximum Height
Adjacent To
(1) Residential Use
15 feet.
(2) Street or
Easement
30 feet.
(3) Non-Residential
Use
30 feet.
b) Variance Relief
Request for Type 2 Variance from fence or netting maximum height
shall be permitted in accordance with Art. 2, Application
Processes and Procedures.
a. Definition
A public park facility operated by PBC located in the
Revitalization and Redevelopment Overlay as designated by the BCC.
b. Lot Size
A maximum of five acres.
c. Minimum Setbacks
1) Playground
Surface Areas
Ten feet.
2) Structures, Park
Furniture, and Playground Equipment
15 feet.
3) Active
Recreation Facilities
a) A minimum of 15 feet when adjacent to
R-O-Ws and parcels of land with a non-residential FLU designation or use.
b) A minimum of 25 feet when adjacent to
parcels of land with a residential FLU designation or use. The Parks and
Recreation Director may authorize a setback reduction to 15 feet, when
compatibility issues are addressed with any adjacent residential uses.
d. Restrictions
Sports lighting,
parking spaces, and permanent sanitary facilities shall be prohibited.
e. Recreation Amenities
Active recreation
amenities may include playground equipment and non-regulation basketball courts.
a. Definition
A public or private outdoor recreation area relying on a natural
or man-made resource base and developed with a low intensity of impact on the
land.
b. Typical Uses
Typical uses include trail systems, wildlife management and
demonstration areas for historical, cultural, scientific, educational, or other
purposes that relate to the natural qualities of the area, and support
facilities for such activities.
c. Zoning District – PC
A Passive Park use
shall generally include but not be limited to nature and foot trails; canoe
trails; wildlife management performed by official game, fish and wildlife
commissions; public hunting and fishing camps; the use of boats, airboats, and
wheeled and tracked vehicles under policies and regulations prescribed by the
appropriate government agencies; hunting and fishing camps on private property
under policies prescribed by official game, fish and wildlife commissions;
exploration, observation, and archeological studies supervised by recognized
authorities or persons granted permission to proceed by the State of Florida;
preserves and passive recreation areas, and residences for preservation
management officers or substantially similar recreational conservation
accessory uses.
a. Definition
A park publicly owned or operated by government agencies that
provide opportunities for active or passive recreational activities to the
general public.
b. Type of Parks
The use includes Regional Park, District Park, Beach Park, and
Community Park.
c. Collocated Uses
The following shall be collocated uses Permitted by Right in the
PO Zoning District when included as part of a Public Park:
1) Outdoor
Shooting Range limited to non-mechanical equipment archery;
2) Arena or
Stadium or Amphitheater separated at least 1,500 feet from parcels of land with
a conservation and residential FLU designation or use.
3) Commercial
Equestrian Arena;
4) Marina limited
to docks, wet slips, or boat ramps; and,
5) Caretaker
Quarters. [Ord. 2018-018]
a. Definition
An indoor establishment used for the discharge of firearms or
projectiles at targets for sport or training, excluding private gun ranges
where preempted by State law.
b. Approval Process
An Indoor Shooting range allowed subject to a Class A
Conditional Use may be approved by the DRO when limited to archery.
c. Nuisances
All use areas shall be within an enclosed building constructed,
maintained, and operated so that no noise nuisances related to the range
operations can be detected outside the building.
d. Separation Distance
An Indoor Shooting Range shall not be located within 500 feet of
a parcel of land with a civic or residential FLU designation or use or a park,
unless limited to archery.
e. Site Design
Except where preempted by State law, during Zoning or Building
Permit review, whichever occurs first, the Applicant shall provide
documentation demonstrating acceptable industry design and configuration
standards, based on type of shooting activity, to address potential adverse
safety and nuisance concerns. Range design shall include but not be limited to:
ventilation, safety baffles, bullet traps, and impenetrable backstops, floors,
walls, and ceilings.
a. Definition
An outdoor
establishment used for the discharge of firearms or projectiles at targets for
sport or training, excluding private gun ranges where preempted by State law.
b. Separation Distance
An Outdoor Shooting Range
shall not be located within 1,320 feet of a property line with a civic or residential
use, zoning district, or FLU designation, unless the adjacent properties are
owned by a government agency and utilized for other than civic or residential
purposes.
c. Site Design
Except where preempted
by State law, during Zoning or Building Permit review, whichever occurs first,
the Applicant shall provide documentation demonstrating acceptable industry
design, configuration, and operational standards, based on type of shooting
activity, to address potential adverse safety and nuisance concerns. Range
design shall include, but not be limited to: backstops, sideberms, sidewalls,
sound and visual baffles, and target placement.
d. Archery Range
1) DRO Approval
Process
An Outdoor Shooting Range allowed subject to a Class A
Conditional Use may be approved by the DRO when limited to non-mechanical
archery equipment.
2) Separation
Distance
Shall not be subject to the 1,320-foot separation distance when
limited to non-mechanical archery equipment. An alternative separation distance
may be required if warranted based on the site design requirements contained
above.
a. Definition
An establishment where animals are kept in captivity for the
public to view or for educational purposes.
b. Accessory Uses
A Veterinary Clinic,
gift shop, and food service may be Permitted by Right as accessory uses to a
Zoo.
c. Setbacks
No animal containment area shall be located within 500 feet of
any residential district.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
A
|
-
|
-
|
A
|
D
|
A
|
A
|
Animal Shelter
|
1
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
|
-
|
A
|
-
|
A
|
A
|
-
|
-
|
A
|
A
|
A
|
-
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
A
|
Assembly
Institutional Nonprofit
|
2
|
-
|
D
|
-
|
D
|
-
|
A
|
D
|
-
|
-
|
D
|
-
|
-
|
-
|
D
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
Assembly
Membership Nonprofit
|
3
|
-
|
-
|
-
|
A
|
-
|
A
|
D
|
A
|
A
|
D
|
-
|
-
|
-
|
D
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
Cemetery
|
4
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
A
|
-
|
-
|
-
|
P
|
A
|
College or
University
|
5
|
-
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
-
|
-
|
A
|
A
|
A
|
A
|
Crematory
|
6
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
D
|
-
|
A
|
A
|
A
|
A
|
A
|
B
|
B
|
B
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
B
|
B
|
D
|
D
|
-
|
-
|
-
|
D
|
D
|
Day Care, Limited
|
7
|
-
|
D
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
D
|
-
|
D
|
-
|
D
|
D
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
D
|
D
|
D
|
D
|
D
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
D
|
A
|
Day Care, General
|
7
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
A
|
-
|
-
|
D
|
D
|
A
|
A
|
Funeral Home
|
8
|
-
|
P
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
-
|
D
|
-
|
-
|
A
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
D
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
P
|
P
|
P
|
P
|
P
|
P
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
P
|
P
|
P
|
P
|
D
|
Government
Services
|
9
|
-
|
P
|
-
|
P
|
-
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
P
|
-
|
-
|
P
|
-
|
P
|
P
|
P
|
P
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
-
|
-
|
A
|
A
|
-
|
A
|
-
|
A
|
A
|
Homeless Resource
Center
|
10
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
A
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
|
|
Use
Approval Process Key:
|
Table 4.B.4.A – Institutional, Public, and Civic Use Matrix
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
D
|
-
|
-
|
-
|
P
|
A
|
Hospital
|
11
|
-
|
A
|
-
|
-
|
-
|
A
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
|
-
|
-
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Large Family
Child Care Home
|
7
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
D
|
D
|
D
|
D
|
Place of Worship
|
12
|
-
|
D
|
-
|
D
|
-
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
D
|
-
|
D
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
-
|
D
|
D
|
D
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
Prison, Jail, or
Correctional Facility
|
13
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
A
|
-
|
P
|
A
|
School –
Elementary or Secondary
|
14
|
-
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
-
|
-
|
-
|
-
|
D
|
-
|
A
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
A
|
-
|
A
|
A
|
A
|
A
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
A
|
-
|
A
|
-
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
-
|
-
|
D
|
Skilled Nursing
or Residential Treatment Facility
|
15
|
-
|
A
|
-
|
A
|
-
|
A
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-022] [Ord. 2021-023]
[Ord. 2023-011]
|
|
Use
Approval Process Key:
|
In the AGR Tier, institutional, public, and civic uses are
prohibited west of State Road 7.
a. Definition
A non-profit
establishment used for the protection of unwanted or abandoned domesticated
animals.
b. Typical Services
Typical services
provided by an Animal Shelter may include, but are not limited to: sheltering,
adoption, fostering, providing rescue or old age homes, medical or behavioral
rehabilitation, or other accessory uses as may be permitted by ACC that are not
regulated elsewhere by this Code.
c. Approval Process – ACC Permit
All Animal Shelters
shall be licensed and regulated in accordance with ACC Ordinance No. 98-22, as amended. The owner or operator shall
obtain Zoning approval prior to application for an ACC Operational Permit.
d. Access
Access from either
Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
e. Landscaping
Any outdoor animal use
area located within 300 feet of a residential use or property with a residential
FLU designation, shall upgrade the Incompatibility Buffer with either of the
following:
(1) A six-foot-high fence, and double the required
buffer width and planting requirements; or
(2) A six-foot-high CBS or concrete panel wall.
f. Waste Disposal
An Animal Shelter shall
meet the PBCHD ECR I and ECR II standards and shall be subject to all
applicable rules and regulations of the FDEP, PBCHD, and SWA.
g. Accessory Residential Use
A Single Family
dwelling unit may be permitted as an accessory use to an Animal Shelter
provided the property has an underlying residential FLU designation.
a. Definition
An establishment open
to the public, owned or operated by a non-profit organization for social,
educational, or recreational purposes.
b. Typical Uses
An Assembly
Institutional Nonprofit use may include, but is not limited to: museums,
cultural centers, recreational facilities, botanical gardens, and community
services such as after school care or tutorial services, medical services, and
employment services.
c. Zoning District – TND District
Assembly Institutional Nonprofit shall be limited to a maximum
of 10,000 square feet of GFA.
d. Frontage and Access
The use shall have
frontage on and access from a Collector, Arterial, or Local Commercial Street,
unless stated otherwise herein. An Assembly Institutional Nonprofit with
collocated uses, or more than 15,000 square feet of GFA or 350 seats, including
accessory uses, shall have frontage on and access from a Collector or Arterial
Street.
e. Revitalization, Redevelopment,
and Infill Overlay (RRIO)
An Assembly
Institutional Nonprofit use owned or operated by a neighborhood group, working
with the Office of Community Revitalization (OCR) within a Countywide Community
Revitalization Team (CCRT) designated area, may be allowed subject to the
following:
1) DRO approval in the zoning districts where
the use is subject to a Class A Conditional Use;
2) Located on a Local Residential Street
provided the building square footage is limited to a maximum of 5,000 square
feet. An Assembly Institutional Nonprofit greater than 5,000 square feet,
including accessory uses, shall be located on a Local Commercial, Arterial, or
Collector Street.
3) No outdoor activities after 10:00 p.m.; and,
4) The following accessory uses shall be
Permitted by Right: Limited Day Care, Day Camp, and, Government Services
limited to community police substation.
a. Definition
An establishment owned
or operated by a non-profit organization for social, education, or recreational
purposes where paid membership is required.
b. Typical Uses
An Assembly Membership
Nonprofit use may include but is not limited to: fraternal or cultural
organizations, and union halls.
c. Zoning Districts
1) AR/RSA District
May be allowed in the AR/RSA with an SA FLU, subject to a Class
A Conditional Use approval.
2) TND District
Nonprofit Membership Assembly shall be limited to a maximum of
10,000 square feet of GFA.
d. Frontage and Access
The use shall have frontage
on and access from a Collector, Arterial, or Local Commercial Street. An
Assembly Membership Nonprofit with collocated uses, or more than 15,000 square
feet of GFA or 350 seats, including accessory uses, shall have frontage on and
access from a Collector or Arterial Street.
a. Definition
Land used or intended to
be used for human interment.
b. Zoning District – MUPD
An MUPD developed to
include a Cemetery shall be limited to have Place of Worship or other
Cemeteries as collocated uses.
c. Location
Where permitted in a
residential zoning district, a Cemetery shall have the front or side street
property line adjacent to an Arterial or a Collector Street. Access from either
Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
d. Lot Size
1) A Cemetery shall be located on a site with a
minimum contiguous area of 30 acres. Exceptions to the minimum acreage
requirement may be permitted, as follows:
a) Cemeteries owned and operated by a Place of
Worship located within Palm Beach County, whether collocated or remotely
located, on sites less than five acres, and equal to or greater than two acres,
which provides only single-level ground burial.
b) County and municipal Cemeteries.
c) Community and non-profit association Cemeteries,
which provide only single-level ground burial and do not sell burial spaces or
burial merchandise.
d) Cemeteries owned and operated or dedicated by
a Place of Worship prior to June 23, 1976.
e) A columbarium consisting of less than one-half
acre which is collocated with a Place of Worship.
f) A mausoleum consisting of two acres or less
which is collocated with a Place of Worship.
g) A columbarium consisting of five acres or
less which is located on the main campus of a State university as defined in F.S. § 1000.21(6).
2) An existing Cemetery having less acreage
shall not be considered a non-conforming use if the acreage shown is consistent
with a prior approval.
e. Pet Cemetery
1) May be allowed only in the IPF Zoning
District subject to Class A Conditional Use approval.
2) May be allowed as an accessory use to a
Cemetery, provided the area dedicated for Pet Cemetery is in addition to the
minimum lot size required for the Cemetery.
a. Definition
An institution of
higher learning offering undergraduate or graduate degrees.
b. Approval Process
A College or University
may be approved by the DRO, subject to the following:
1) The property is separated from parcels of
land with a residential FLU designation or use by a minimum of 150 feet;
2) A maximum of 30,000 square feet of GFA; and,
3) Where permitted in a residential zoning district,
a College or University shall have the front or side street property line
adjacent to an Arterial, Collector, or Local Commercial Street. Access from
either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
c. Accessory Use – Dormitories
Dormitories may be
allowed as an accessory use. If owned or operated by the College or University
shall be calculated as FAR.
d. Airport Land Use Compatibility
Zoning
The establishment of a new College or University shall be
prohibited in accordance with Art. 16.C.1.E.2,
Prohibited Land Uses. [Ord. 2019-005]
a. Definition
A facility that employs various methods of processing human or animal
remains, consistent with F.S. § 497.005, as periodically amended. [Ord. 2018-018]
b. Equipment Location
Crematory equipment
shall be located within a fully enclosed building.
c. Services Prohibited
Services such as public
observances, sermons, or other similar activities shall be prohibited, unless collocated
with an approved Funeral Home.
d. Collocated Use
In the RM Zoning
District, a Crematory may be collocated with a Cemetery subject to Class A
Conditional Use approval, provided the use is restricted to those being buried
within that Cemetery.
a. Definition
An establishment that
provides care, protection, and supervision for children when licensed by the
Palm Beach County Health Department, or for adults when licensed by the Agency
for Health Care Administration (AHCA).
b. Types
1) Day Care, Limited
A Day Care for six to 20 children, or three to 20 adults, for a
period of less than 13 hours per day on a regular basis.
a) Collocated Use –
AGR Zoning District
A Limited Day Care may
be allowed as a collocated use to a Nonprofit Assembly Institutional subject to
DRO approval.
b) Use Limitations
Limited Day Care use
does not include nighttime or overnight care.
2) Day Care, General
A Day Care for 21 or more children or adults for a period of
less than 24 hours per day on a regular basis.
3) Large Family Child Care Home (LFCCH)
An occupied Single Family residence in which custodial care is
regularly provided for up to 12 children, and for which the owner or operator
receives a payment, fee, or grant for any of the children receiving care,
whether or not operated for profit, and has at least two full-time child care
personnel on the premises during the hours of operation. One of the full-time
child care personnel must be the owner or occupant of the residence. The use
shall be subject to the following:
a) Applicability
The Applicant or owner
shall provide documentation that the establishment has operated as a licensed
Family Day Care Home for at least two years and meet other licenses and
regulations established by the PBC Health Department including the maximum
number of children permitted.
b) Approval Process
The use shall be
Permitted by Right when located on lots 20,000 square feet or greater.
c) Site
Requirements
In addition to the property
development regulations applicable to Single Family residential, the following
shall apply:
(1) Outdoor Activity
Area
All outdoor activity
area provisions applicable to a Day Care shall apply.
(2) Drop-Off
Shall comply with all
drop-off access standards applicable to Day Care.
(3) Parking
Shall provide at least
four parking spaces including those required for a Single Family residential
unit. Parking dimensions shall comply with Art. 6, Parking, Loading, and Circulation.
(4) Site Egress
Shall not allow
backward egress from a driveway or parking area into a street.
(5) Signage
Shall not be permitted.
4) Family Day Care
Home
See Supplementary Use Standards under Residential Use
Classification, Accessory Residential Use Standards.
c. Lot Size
A minimum of 6,000
square feet, or the minimum required by the zoning district in which the
Limited or General Day Care is located, whichever is greater.
d. Airport Land Use Compatibility
Zoning
The establishment of
new Limited or General Day Care facilities shall be prohibited in accordance
with Art. 16.C.1.E.2, Prohibited Land Uses. [Ord.
2017-025]
e. Floor Area
1) Child Care
a) For a Day Care with 40 children or less, the
minimum floor area, exclusive of any area devoted to a kitchen, office, storage,
and toilet facilities, shall be 1,500 square feet. [Ord. 2020-020]
b) An additional 35 square feet of floor area or
the amount required by the PBCHD shall be provided for each child over 40
children.
2) Adult Care
For an Adult Day Care,
the total amount of net floor space available for all participants shall be in
accordance with Rule 58A-6.013, F.A.C., as may be amended, and as determined by
the AHCA.
f. Outdoor Activity Area for Child
Care
1) General
An outdoor activity
area shall be provided on the same lot as the Day Care. The area shall not be
located in the required front setback or adjacent to any outdoor storage area
of any existing use.
2) Square Footage
Shall be in compliance
with the Palm Beach County Rules and Regulations Governing Child Care
Facilities contained in Appendix D, Chapter 1, Article X, Section B
of the PBC Code, as may be
amended.
3) Location of
Outdoor Play Equipment
Stationary outdoor play
equipment permanently anchored to the ground shall be set back a minimum of 25
feet from any residentially zoned or used property line, and ten feet from any
other property line. Outdoor play equipment shall not be located in any
required landscape area or easement.
4) Shade Trees
A minimum of one 12-foot-tall
native Canopy tree shall be provided or preserved within the interior of the
outdoor activity area per 1,500 square feet of area provided.
5) Fence/Wall
A minimum four-foot-high
fence or wall shall surround the outdoor activity area.
g. Drop-Off Access
1) Drop-Off
One designated drop-off
space shall be provided for every 20 children or adults. Drop-off spaces shall
be a minimum of 12 feet in width.
2) Sidewalk Access
A minimum four-foot-wide
sidewalk running in front of, or adjacent to the drop-off spaces and connecting
to the Day Care entrance shall be provided.
a. Definition
An establishment which
arranges and manages funerals and prepares human or animal remains for
interment.
b. Zoning Districts – IL, IG, or
MUPD with IND FLU
A Funeral Home shall be
limited to preparation for interment. No public observances, sermons, or
funerals shall be permitted.
c. Collocated Use
In the RM Zoning
District, a Funeral Home may be collocated with a Cemetery subject to Class A
Conditional Use approval, provided the use is restricted to those being buried
within that Cemetery.
a. Definition
Buildings or facilities
owned or operated by a government entity and providing services for the public,
excluding utility and recreational services, and Prisons, Jails, or
Correctional Facilities.
b. Typical Uses
A Government Service
use may include but is not limited to: administrative offices for government
agencies, public libraries, and police and fire stations.
c. ACC Animal Control Facilities
An ACC-operated Animal
Control Facility shall be considered a Government Services use in the PO and
IPF Zoning Districts.
A public or private establishment that provides multiple
services for the homeless population.
b. Typical Services
Typical services provided by a Homeless Resource Center may
include but are not limited to: counseling, kitchen and dining facilities,
medical and dental outpatient facilities, temporary housing, intake, social
services, employment services, and administrative offices.
c. Approval Process
A Homeless Resource Center owned or operated by a governmental
entity may be allowed where Government Services uses are allowed by Table
4.B.4.A, Institutional, Public, and Civic Use Matrix, subject to Class A
Conditional Use Approval; or may be Permitted by Right where Government Services
uses are allowed in non-residential districts, provided that prior to
development, or any modification to a previously approved development, program,
or operation, an eligible government entity complies with the following:
1) Schedule and
make a presentation to the BCC at a duly noticed Public Meeting(s);
2) Prepare a
report documenting compliance with Palm Beach County Facilities, Development
and Operations, FDO PPM #FDO-S-004, Public Outreach and Community Involvement
for Homeless Resource Centers; [Ord. 2019-005]
3) Provide notice
of intent to the Zoning Director a minimum of 30 days prior to requesting
placement on a BCC Public Meeting agenda, to include the aforementioned report;
4) The BCC shall
make a finding that the governmental entity has complied with FDO PPM #FDO-S-004,
which may include Conditions of Approval; and, [Ord. 2019-005]
5) A BCC finding
of compliance, or compliance subject to conditions, may remain valid for three years,
or as otherwise provided by Condition of Approval.
For the purpose of
required separations, measurements shall be made from façade to façade, except
where the separation required is between a structure and a zoning district
boundary.
1) A minimum 250-foot separation shall be
required from the property line of residentially zoned parcels. Type 2 Variance
relief, in accordance with Art. 2.B, Public Hearing Processes, may be requested if this standard cannot be met.
2) A Homeless Resource Center shall not be
located within a 1,200-foot radius of another Homeless Resource Center.
3) Facilities owned or operated by a
governmental entity and located in the PO Zoning District may request a PO
Deviation from location and separation requirements, subject to BCC approval,
utilizing the standards in Art. 2.B.7.G, Public
Ownership (PO) Deviations. [Ord. 2019-005]
e. Facility Use
A minimum of 25 percent
of the GFA shall be reserved for accessory service delivery other than temporary
housing.
f. Non-Conformities
The subsequent approval
of a Development Order for a residential zoning district shall not change the
status of the HRC to a non-conforming use.
g. Existing Approvals
A prior approval for a government-owned or operated Homeless
Resource Center shall be considered a legal conforming use for sites approved
between October 28, 2009 (Ordinance
No. 2009-040), and March 2, 2017.
a. Definition
An establishment that
maintains and operates organized facilities for medical or surgical diagnosis,
overnight and outpatient care, and treatment of human illness.
b. Licensing
A Hospital shall be
required to be licensed by the State of Florida.
c. Lot Size
A minimum of five acres
or the minimum required in the zoning district, whichever is greater.
d. Frontage
A minimum of 200 feet
of frontage or the minimum required in the zoning district, whichever is
greater.
e. Incinerator
Biohazardous waste incinerators
with an allowable operating capacity equal to or less than 1,000 pounds per
hour and biohazardous waste autoclaves are allowed as an accessory use, subject
to the following standard:
1) Setbacks
A minimum of 500 feet
from any property line abutting a residential zoning district or use. Expansion
of existing facilities may be allowed with lesser setbacks, provided the
expansion is approved by the DRO.
a. Definition
An establishment which
may include a retreat, convent, or other similar use, owned or operated by a
tax-exempt religious group that is used periodically, primarily, or exclusively
for religious worship, activities, or related services.
b. Existing Approvals
Applicants may seek
abandonment of the existing Place of Worship approval and apply for DRO approval
at any time. Prior approvals may be continued to be utilized or modified subject
to the limitations in Art. 2.C.5.C, Administrative Modifications
to Prior DOs. A DO
exceeding the above thresholds shall be subject to a Development Order
Abandonment (ABN) and a concurrent request for a DRO approval.
c. Location
A Place of Worship shall be prohibited unless in compliance with one of
the following:
1) A Place of Worship greater than or equal to
15,000 square feet, including accessory uses, shall have frontage on and access
from an Arterial or Collector Street.
2) A Place of Worship greater than or equal to
5,000 square feet and less than 15,000 square feet, including accessory uses,
shall have frontage on and access from an Arterial, Collector, or Local
Commercial Street.
3) A Place of Worship less than 5,000 square
feet, including accessory uses, may have frontage on and access from a Local
Residential Street.
d. Development Thresholds
A Place of Worship
shall be exempt from the requirements under Development Thresholds in this
Article or any thresholds in this Code that require the use to be subject to a
Conditional Use approval. [Ord. 2019-005]
e. Limited Temporary Sales
Temporary sales, such
as rummage, or bake sales, shall be Permitted by Right as an accessory use to a
Place of Worship for a period of up to three consecutive days, limited to four
times a year.
a. Definition
A government-owned or
operated facility in which people are legally held as a punishment for crimes
they have committed or while awaiting trial.
b. Approval Exemption
Expansion of existing
facilities shall be exempt from the Class A Conditional Use approval.
a. Definition
An institution of learning, whether public, private, or charter,
which conduct regular classes and courses of study required for accreditation
as an elementary or secondary school approved by the Department of Education.
b. General
1) Setbacks
All Schools shall
comply with the zoning district setbacks unless stated otherwise herein. No
setback shall be less than 25 feet regardless of the zoning district.
2) South Florida Water
Management District (SFWMD)
Boardwalks and
education learning stations may be constructed within wetland areas subject to
approval by the SFWMD.
a) Preservation
Prior to commencement
of construction, lot clearing, or any other site development/preparation, all
applicable permits shall be obtained in conformance with Art. 9, Archaeological and Historic Preservation.
b) Wetlands Permits
On-site wetlands
required by the SFWMD shall be preserved. Boardwalks and education learning
stations may be constructed within wetland areas subject to approval by the
SFWMD.
c) Construction
Documents
Prior to Site Plan
approval by the DRO review, construction documents for wetland restoration,
landscaping, and vegetation restoration shall be reviewed and approved by ERM.
3) Airport Land Use
Compatibility Zoning
The establishment of a new School shall be prohibited in
accordance with Art.
16.C.1.E.2, Prohibited Land Uses. [Ord.
2019-005]
c. Private Schools
The following standards
shall apply to all Private Schools:
1) Pedestrian
Access/Bike Path
Pedestrian access, bike
paths, and crosswalks showing access to the School site from surrounding
neighborhoods shall be shown on the Site Plan.
2) Vehicular
Circulation
Designated bus and
parental drop-off/pick-up areas, shall be provided. Pathways, which cross
vehicular use areas, shall be defined by special paving, brick, striping, or
other methods acceptable to the DRO.
3) Approval Process
This use shall be
subject to the applicable approval process pursuant to the Use Matrices of Art. 3, Overlays and Zoning Districts and this Article.
d. Charter Schools
Charter Schools are
considered public schools pursuant to F.S. § 1002.33 and shall be subject to the standards and
procedures applicable to Public Schools. If constructed by the PBC School Board
or otherwise considered a public school facility pursuant to F.S. ch. 1013, the use shall be treated as Public Schools
for the purposes of this Code. Charter Schools with 200 or fewer students in a
commercial, industrial, or non-residential Planned Development District shall
be subject to DRO approval.
e. Public Schools
1) Applicability
Public Schools are
subject to site requirements contained in Florida Building Code, Building Section 423 per F.S. § 1013.37. Public Schools are not subject to the
approval process contained in the Use Matrices of this Code unless specified
herein. Other types of School Board developments, such as administrative
offices, warehouse buildings, etc., shall comply with the regulations of the
applicable zoning district.
2) Previous
Approvals and Future Amendments
Public Schools approved
prior to June 16, 1992 shall be considered conforming uses.
3) Review by Zoning
a) School Site
Acquisition
Comply with the
procedures established by the Intergovernmental Agreement R-93-1600D adopted on
December 7, 1993, as amended from time to time.
b) Development
Review Officer (DRO) Administrative Review
Application shall
comply with the DRO Administrative review process as stated in Art. 2.C, Administrative Processes.
4) Accessory Uses
The following uses,
subject to special regulations, shall be allowed as customarily incidental and
subordinate to a Public School:
a) Accessory Radio
Towers
(1) Height
Towers shall have a
maximum height of 100 feet or less measured from the finished grade at the base
of the tower. Towers over 100 feet in height and Commercial
Communication Towers shall comply with Art. 4.B.9,
Commercial Communication Towers.
(2) Setbacks
(a) Towers shall meet a minimum setback equal to
50 percent of the height of the tower from all property lines.
(b) Commercial
Communication Towers shall comply with the requirements pursuant to Art. 4.B.9,
Commercial Communication Towers. ITV antennas shall not be subject to these
requirements.
(3) Anchors
All tower supports and
peripheral anchors shall be located entirely within the boundaries of the School
site and in no case less than 20 feet from a property line.
(4) Fencing
Security fencing or a
security wall shall be installed around the base of each tower, each anchor
base, and each tower accessory building to limit access.
(5) Sign-Off
The School Board shall
provide a written sign-off from the County Department of Airports stating the
tower will not encroach into any public or private airport approach space as
established by the Federal Aviation Administration.
(6) Removal
Obsolete or abandoned
towers shall be removed within 12 months of cessation of use.
5) Setbacks
Setbacks for Public
Schools shall be a minimum of 25 feet.
6) Supplemental
Design Standards
a) All fences height shall be in
compliance with Art. 5, Supplementary Standards and Art.
7, Landscaping.
b) Landscape shall comply with F.S. § 1013.64(5)(a).
c) R-O-W Dedication
Within six months of a
request by the County Engineer, the School Board shall convey to the BCC all
portions of the site necessary to achieve the ultimate R-O-W, as required by Art. 11, Subdivision, Platting, and Required
Improvements, or as
warranted by the School District’s Traffic Study, as well as additional right-of-way
for turn lanes and corner clips, as determined by the County Engineer and
warranted by the School District’s Traffic Study for any affected road. The
conveyance shall include documentation acceptable to the County Engineer that
the land is free of all encumbrances and encroachments and shall be in the form
of a warranty deed acceptable to the County Attorney. Time extension for R-O-W
dedication may be granted if approved by the County Engineer and the School
District.
d) Road
Improvements
Prior to School
occupancy, the School Board shall fund and construct all road improvements
directly associated with the School such as paving and drainage, turn lanes,
traffic circulation, sidewalks, and driveway connections as determined by the
County Engineer and warranted by the School District’s Traffic Study.
a. Definition
An establishment where
care is offered or provided for three or more persons suffering from illness,
other than a contagious disease, sociopathic or psychopathic behavior which is
not of sufficient severity to require Hospital attention, or for three or more
persons requiring further institutional care after being discharged from a
Hospital, other than a mental hospital. In addition to nursing care, patients
may require medical or psychiatric treatment for a disability, disease, or
other condition, in an institutional or medical setting. [Ord. 2021-022]
b. Licensing
Shall be required to be
licensed by the State of Florida. [Ord.
2021-022]
c. Typical Uses
Typical uses may include, but are not limited to: [Ord.
2021-022]
1) Addiction
receiving facility; [Ord. 2021-022]
2) Detoxification
Treatment Facility; [Ord. 2021-022]
3) Residential
Treatment Facility (F.S.
ch. 394 and 397)
and includes inpatient treatment; [Ord. 2021-022]
4) Nursing Home; [Ord.
2021-022]
5) Convalescent
Facility; or, [Ord. 2021-022]
6) Hospice larger
than a Single Family Dwelling unit. [Ord. 2021-022]
d. Lot Size
A minimum of 10,000
square feet or the minimum requirement of the zoning district, whichever is
greater.
e. Frontage
A minimum of 100 feet
of frontage or the minimum requirement of the zoning district.
f. Access
If located in a residential
FLU designation, access shall be provided from a Collector or Arterial Street.
g. Maximum Number of Patient Beds
One bed per 1,000 square feet of lot area. [Ord. 2021-022]
(This page
intentionally left blank)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supplementary
Use
Standards
#
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
D
|
P
|
-
|
-
|
Contractor Storage Yard
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
D
|
D
|
-
|
P
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
P
|
P
|
-
|
D
|
D
|
-
|
D
|
-
|
-
|
-
|
D
|
D
|
D
|
P
|
P
|
-
|
-
|
Data and Information Processing
|
2
|
-
|
-
|
-
|
-
|
-
|
A
|
P
|
A
|
P
|
-
|
P
|
P
|
D
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
P
|
P
|
-
|
-
|
Manufacturing and Processing
|
8
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
P
|
P
|
D
|
-
|
P
|
D
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
P
|
P
|
-
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
D
(3)
|
-
|
-
|
D
|
D
|
D
|
P
|
P
|
-
|
-
|
Medical or Dental Laboratory
|
9
|
-
|
P
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
-
|
P
|
P
|
D
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
D
|
-
|
-
|
D
|
D
|
D
|
P
|
P
|
P
|
A
|
Multi-Media
Production
|
10
|
-
|
-
|
-
|
-
|
-
|
A
|
P
|
A
|
P
|
D
|
P
|
P
|
D
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
P
|
P
|
-
|
Recycling Center
|
11
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
D
|
A
|
-
|
A
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
D
|
D
|
-
|
D
|
D
|
A
|
D
|
A
|
A
|
A
|
D
|
D
|
D
|
P
|
P
|
-
|
-
|
Research and Development
|
13
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
A
|
D
|
-
|
P
|
P
|
D
|
-
|
P
|
A
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
P
|
P
|
-
|
-
|
Warehouse
|
17
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
P
|
P
|
D
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
D
|
P
|
P
|
-
|
-
|
Wholesaling
|
18
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
P
|
P
|
D
|
-
|
P
|
D
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
D
|
D
|
P
|
-
|
Distribution Facility
|
3
|
-
|
-
|
-
|
-
|
-
|
-
|
D
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
P
|
D
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
-
|
Equestrian Waste
Management Facility
|
4
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
D
|
-
|
Gas and Fuel, Wholesale
|
5
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
-
|
-
|
Heavy Industry
|
6
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
Machine or Welding Shop
|
7
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
P
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
D
|
P
|
-
|
Recycling Plant
|
12
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
D
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
Salvage and Junk Yard
|
14
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
Towing Service and Storage
|
15
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
|
-
|
-
|
P
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
A
|
-
|
-
|
Truck Stop
|
16
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
A
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2020-001] [Ord. 2021-023]
[Ord. 2023-011]
|
|
Use
Approval Process Key:
|
(This page
intentionally left blank)
Reserved for future use.
a. Definition
The storage of construction material, mechanical equipment used
in construction activity, or commercial vehicles used by building trades and
services, other than construction sites.
b. Overlay – WCRAO
1) Approval Process
The use shall be limited to the UG and UI Sub-areas of the WCRAO
subject to Class A Conditional Use approval.
2) Accessory Office
The use shall include a structure required to comply with the
provisions of Table
3.B.14.F, WCRAO Non-Residential and Mixed-Use Sub-area PDRs.
3) Non-Conformities
Uses approved prior to March 2, 2017 shall be considered legal
conforming uses.
c. Home Occupation – AR/RSA
A limited Contractor Storage Yard may be allowed as a Home
Occupation subject to the requirements of Art. 4.B.1.E.10,
Home Occupation. [Ord. 2018-002]
[Ord. 2018-018]
1) Exception –
AR/RSA Zoning District
A limited Contractor Storage Yard on a lot five acres or more,
may be allowed as follows: [Ord.
2018-018]
a) Subject to a
DRO approval through the ZAR process prior to issuance of a Business Tax
Receipt. [Ord. 2018-018]
b) A maximum of
three persons living outside of the home may be employed under the DRO
approval. [Ord. 2018-018]
c) Hours of
Operation
The loading or unloading, or movement of any stored vehicles,
equipment, or other similar activities, or additional employees shall be
prohibited between the hours of 8:00 p.m. and 6:00 a.m.
d) Provided
parking spaces for every employee vehicle is added to the site.
e) Outdoor Storage
(1) Semi-truck,
trailer, or outside storage of equipment shall be screened from view from any R-O-W
or parcel of land with a residential FLU designation or use, through use of
opaque fences, walls, or existing or newly planted native vegetation; [Ord.
2018-018]
(2) No additional
vegetation shall be required where equipment is screened from view behind
permitted opaque fences or other structures; [Ord. 2018-018]
(3) Outdoor storage
shall be prohibited within the front yard, and shall be set back a minimum of
25 feet; and, [Ord. 2018-018]
f) A maximum of
three vehicles or equipment shall be permitted, unless the acreage requirement
is met. [Ord. 2018-018]
g) All vehicle
parking or storage areas shall utilize improved surfaces such as asphalt,
pavement, or shell rock. [Ord. 2018-018]
h) Ownership
Permitted vehicles or equipment shall be owned or leased by the
Home Occupation license holder, except for semi-trucks operated by the license
holder, that are stored not more than two days per week at the home. [Ord.
2018-018]
i) Trucks and
Equipment
The following vehicles or equipment owned by the business owner,
may be allowed for each additional ten acres, and in accordance with the
outdoor storage provisions above: [Ord. 2018-018]
(1) One semi-truck
with or without trailer; or one dump
truck; and [Ord. 2018-018]
(2) One trailer;
and
(3) One item of
heavy equipment, such as a bobcat or loader, but excluding large equipment such
as cranes.
2) Home Occupation
having Contractor Storage Yard shall be exempt from the Incompatibility Buffer
requirements. [Ord. 2018-018]
a. Definition
An establishment for business offices of an industrial nature,
including corporate centers, associated with uses such as: Manufacturing and Processing
plants or similar industrial complexes; mass/bulk mail processing; and,
telemarketing centers. The use is often integrated into a campus-style
development, and not frequented by the general public. This term does not include such uses as: Business or Professional
Offices; computer-related Retail Sales establishments; and, Personal Services
and Medical or Dental Offices.
a. Definition
An establishment for the loading, unloading, and interchange of
freight or package express between modes of transportation.
b. Typical Uses
Typical uses include truck terminals, railroad depots and yards
(including temporary storage), and major mail processing centers.
c. Zoning Districts with a CH FLU
Designation
A facility located in these zoning districts: CG, IRO, MUPD, or
Commercial Pod of a PIPD shall comply with the following additional
requirements: [Ord. 2020-001] [Ord.
2021-023]
1) Outdoor Storage
and activities shall be prohibited. [Ord.
2020-001]
2) When this use
is proposed to replace a previously approved use, the Net Trips and Net Peak
Hour Trips must be equal to or less than the approved use. [Ord. 2020-001]
a. Definition
An establishment used for the recovery, recycling, or transfer
of equestrian waste, provided used bedding is limited to organic materials,
such as wood shavings, chips or sawdust, straw or hay, peat moss, or paper
limited to newspapers, but excluding plastics, textiles, or sand. Recovery may
include collection, separation or sorting, or limited processing necessary to
reduce volume, render materials safe for transport, storage or disposal, or the
cleaning and packaging of materials for reuse. The facility may include manufacturing
of products utilizing the equestrian waste including, but not limited to,
bedding, fertilizer, pellets, and logs. Transfer may include the transfer of
equestrian manure or bedding from smaller vehicles used for collection to
larger vehicles for shipment to another destination.
b. Glades and AGR Tiers
Equestrian Waste Management Facility shall be prohibited in the
Glades Tier and the AGR Tier. [Ord.
2018-018]
c. Location
Shall have the front or side street property line adjacent to an
Arterial or Collector Street. Access from either Local Residential or
Residential Access Streets shall be prohibited. [Ord. 2021-006]
d. Separation Distance
An Equestrian Waste Management Facility shall be separated a
minimum of 1,000 feet from a food processing or packing plant. In addition to Art. 2.B.7.B.2, Standards, the BCC shall consider whether the
proposed 1,000-foot separation is adequate for this use at this location as
part of the findings for the final decision of the request. [Ord. 2018-018]
e. Collocated Use
Equestrian Waste Management Facility may be collocated with a
Potting Soil Manufacturing, Composting Facility, or Chipping and Mulching
subject to a Class A Conditional Use approval, only when located in a parcel
with an industrial zoning district or FLU designation. [Ord. 2018-018]
f. Landscaping Adjacent to
Residential
Any Equestrian Waste Management Facility located within 250 feet
of a parcel with a residential use or FLU designation, shall provide a Type 3
Incompatibility Buffer. This buffer shall be a minimum of 30 feet in width, and
shall consist of a two-foot-high berm, and double the number of required trees,
planted in two staggered rows. Where outdoor activities are permitted within
this distance but an Incompatibility Buffer is not required, the buffer shall
also be upgraded to include a minimum six-foot hedge, fence, or wall.
Measurement shall be taken from property line of the facility to the property
line of the adjacent parcel of land. [Ord.
2018-018]
g. Storage or Waste Processing Areas
1) Best Management
Practices
All storage areas, including the temporary or overnight parking
of loaded trucks or trailers, and any outdoor waste processing areas, shall
comply with Art.
5.J.3.A, Storage, related to Storage or Spreading of Livestock Waste.
2) U/S Tier
Outdoor storage shall be prohibited in the U/S Tier.
3) Outdoor Storage
Where permitted, the pile height of equestrian waste shall not
exceed 12 feet, and bollards shall be provided to delineate pile locations and
height, tied to a finished grade location designated on site.
h. Application Requirements –
Operation Functions
An application for an Equestrian Waste Management Facility shall
include a Justification Statement and supporting documentation demonstrating
acceptable industry design, configuration, and operational standards, including
but not limited to:
1) Site Plan
The Site Plan shall illustrate how the operation functions
including circulation routes; and the location and size of loading and
processing areas, and storage piles.
2) Waste Volume
An explanation of the quantity of waste to be received,
expressed in cubic yards per day or tons per day.
3) Dust Control
Program
A program to address how dust generated from traffic, storage,
and processing areas will be managed pursuant to Art. 5.E.4.D.3, Dust
and Particulate.
4) Odor and Pest
Control Program
A program to address how odors and pests resulting from any
vehicles transporting waste, or storage and processing areas will be managed
pursuant to Art.
5.E.4.D.4, Objectionable Odors.
a. Definition
An establishment engaged in the storage of flammable or
explosive gases or fuel for wholesale distribution. [Ord. 2018-002]
b. Typical Uses
Wholesale Gas and Fuel may include but is not limited to the
bulk storage, distribution, and wholesaling of motor vehicle fuels, propane,
natural gas, welding gases, or other similar materials. [Ord. 2018-002]
c. Approval Process – Exception
Wholesale Gas and Fuel may be Permitted by Right subject to
compliance with all of the following: [Ord.
2018-002]
1) Limited to a
maximum of 2,500 gallons or less or 2,000 gallons water capacity. [Ord. 2018-002]
2) Storage areas
shall be located a minimum of 200 feet from any parcel supporting residential uses
or vacant parcels with a residential future land use designation. [Ord. 2018-002]
3) Bulk storage of
flammable gases shall be prohibited unless approved by PBC Fire Rescue. [Ord. 2018-002]
4) The Applicant
shall submit a storage management plan for all flammable liquids or gases and
any non-flammable gases to include documentation demonstrating compliance with
all applicable U.S. Department of Labor, Occupational Safety and Health Hazard
(OSHA) standards, the National Fire Protection Association (NFPA) Compressed
Gas and Cryongenic Fluids Code, Compressed Gas Association (CGA) Safe Handling
of Compressed Gases, and any PBC Fire Rescue standards. [Ord. 2018-002]
d. Location
This use shall not be located within the PBIAO. [Ord.
2017-025]
e. Separation Distance
A separation distance shall be established between this use and
any adjacent uses. The separation distance shall be that prescribed by the PBC
Fire Rescue Department based upon recognized standards and guidelines.
a. Definition
An establishment engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw
materials, or a use engaged in storage of, or manufacturing processes utilizing
flammable, hazardous, or explosive materials, or processes which potentially
involve hazardous or commonly recognized offensive conditions.
b. Typical Uses
Typical uses include asphalt
or concrete plant;
manufacturing and warehousing of chemicals, dry ice, fertilizers, fireworks and
explosives, pulp and paper products, and radioactive materials; fat rendering
plants; slaughterhouses and tanneries; and, steel works.
c. FLU Designation – EDC and CMR
Heavy Industry shall be prohibited in the EDC and CMR FLU
designations. [Ord. 2023-011]
d. Fireworks
The retail sale of
fireworks from a permanent fireworks storage facility or establishment shall be
limited to an accessory use.
a. Definition
A workshop where machines, machine parts, or other metal
products are fabricated. Typical uses include machine shops, welding shops,
tool and die fabrication, and sheet metal shops.
a. Definition
An establishment engaged in the manufacture of products,
including processing, fabrication, assembly, treatment, and packaging of such
products. This use also includes incidental storage, sales, and distribution of
such products, but excludes heavy industrial processing. [Ord. 2023-011]
b. Typical Uses
Typical uses include factories, large-scale production,
publishing, and food and beverage manufacture and processing. [Ord. 2023-011]
c. Zoning Districts with a CH FLU
Designation
A facility located in these zoning districts: CG, IRO, MUPD, or
Commercial Pod of a PIPD shall comply with the following additional
requirements: [Ord. 2020-001] [Ord.
2021-023]
1) Outdoor Storage
shall be prohibited. [Ord. 2020-001] [Ord.
2023-011]
d. Heavy Industry Manufacturing and
Processing
A facility engaged in manufacturing and/or processing that
causes or results in the dissemination of dust, smoke, fumes, odor, noise,
vibration, light, or other potentially objectionable effects beyond the
boundaries of the lot on which the use is conducted shall be considered a “Heavy
Industry” use. Heavy industrial uses can include those that engage in the
processing, manufacturing, or storage of flammable, hazardous, or explosive
materials or products, or processes which potentially involve hazardous or
commonly recognized offensive conditions. [Ord.
2023-011]
e. Brewery-Distillery
A Brewery-Distillery is
a Manufacturing and Processing use primarily engaged in the manufacturing,
purifying, bottling, and distribution of alcoholic beverage products. [Ord. 2023-011]
1) No drive-up, drive-through, or drive-in facilities
shall be allowed. [Ord. 2023-011]
2) No food or beverage service is allowed on
premises on sites with an IND, EDC, or CMR FLU designation unless approved with
a Taproom. [Ord. 2023-011]
3) Taproom
A Brewery-Distillery
allows a Taproom (also called Tasting Room) for consumption of beverages
by the public on the premises, including indoor and outdoor seating
areas and event hosting, subject to the following: [Ord. 2023-011]
a) Approval Process
A Brewery-Distillery
Manufacturing and Processing use with MUPD or PIPD zoning may include a Taproom
on up to 30 percent of the gross floor area, including square footage for
outdoor dining, for that establishment by Class A Conditional Use approval. [Ord.
2023-011]
b) Location
The MUPD or PIPD shall
front an Arterial Street. In addition, in the Agricultural Reserve Tier,
development shall be limited to sites fronting Boynton Beach Boulevard or
Atlantic Avenue east of SR 7. [Ord. 2023-011]
c) Hours of Operation
Hours for the Taproom,
tasting room, and/or facility tours shall not be open to the public after 10:00
p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m.
[Ord. 2023-011]
d) Separation
The Taproom shall not
be located within 500 feet from a School as required by F.S. § 562.45, as periodically amended. [Ord. 2023-011]
e) Parking
The Taproom shall be
subject to the parking requirements for a Cocktail Lounge. [Ord. 2023-011]
f) Food Service
Food service and
preparation is allowed within the Taproom. Mobile Retail Sales limited to
selling food (e.g., food trucks) are allowed. [Ord. 2023-011]
a. Definition
An establishment for
the construction or repair of medical equipment, such as dental, optical,
orthopedic, or prosthetic devices; or medical testing laboratories primarily
engaged in providing analytic or diagnostic services exclusively on the written work order of a
licensed member of the medical profession and not for the public.
a. Definition
The use of a lot or building for the production of films or
videos such as digital, audio, and motion pictures; production or broadcasting
of television, radio, or internet programs; or, recording of music.
b. Typical Uses
Typical uses include but are not limited to: film laboratories,
stock footage film libraries, mass video publication, broadcasting studios, or
soundstages.
c. Approval Process
Indoor Multi-Media Production establishments shall be Permitted
by Right in the zoning districts where the use is allowed.
d. Transmission Facilities
Communication towers,
antennas, and satellite dishes shall be subject to the applicable approval and
Supplementary Standards contained in this Code.
e. Film Permit in Public Properties
Films in public properties such as parks, beaches, rights-of-way,
or public buildings are not subject to these standards. Permits are issued by
the Film and Television Commission.
a. Definition
A permanent facility designed and used for collecting,
purchasing, storing, dropping off, and redistributing of pre-sorted, recovered
materials that are not intended for disposal.
b. Approval Process – DRO
A Recycling Center that
is subject to a Class A Conditional Use approval may be approved by the DRO,
provided that the use complies with one of the following:
1) Located completely within enclosed buildings;
or
2) The use shall be located a minimum of
500 feet from a parcel with a residential, civic, institutional, recreation, or
conservation FLU designation, zoning district, or use.
c. Location
Shall have the front or side street property line adjacent to an
Arterial or Collector Street. Access from either Local Residential or
Residential Access Streets shall be prohibited. [Ord. 2021-006]
d. Operation Functions
The Zoning application shall include a Justification Statement
and supporting documentation demonstrating acceptable industry design,
configuration, and operational standards, based on the type of materials
stored. The supporting documentation shall include but not limited to the
following:
1) Site Plan
The Site Plan shall illustrate how the operation functions
including circulation routes; and the location of the operation areas and
storage piles.
2) Dust Control
A plan to address how
dust generated from traffic and
storage areas will be managed pursuant to Art. 5.E.4.D.3, Dust
and Particulate.
3) SWA Permit
Prior to operation of the facility, the owner or operator shall
obtain a SWA Permit.
a. Definition
An establishment used for the recovery of non-hazardous recyclable
materials that are not intended for disposal to be collected, separated and
sorted, or processed, for reuse. Recyclable materials include construction and demolition
debris, plastic, glass, metal, all grades of paper, textiles, or rubber.
b. Approval Process
A Recycling Plant requiring Class A Conditional Use approval may
be approved by the DRO subject to the following:
1) When surrounded
by parcels having an IND FLU designation that are vacant or developed with
industrial uses providing a 500-foot separation between the use and any parcels
having a residential, civic, recreation, or conservation FLU designation or use;
or
2) When all
recycling activities are located within enclosed structures that have no
openings oriented or visible from surrounding parcels having a residential, civic,
recreation, or conservation FLU designation or use.
c. Access
Access from Local
Residential or Residential Access Streets shall be prohibited. Entrances shall
be gated to prevent access from unauthorized persons. [Ord. 2021-006]
d. Setbacks
No part of a Recycling Plant and its accessory ramps, on-site
circulation system, or storage areas shall be located within 50 feet of any
property line, unless adjacent to another property with an IND FLU designation
that is vacant or has an existing industrial use.
e. Lot Size
The minimum lot size shall be five acres for any Recycling Plant
with outdoor activities.
f. Drainage
Untreated surface water
runoff shall not be permitted to discharge directly into lakes, streams,
drainage canals, or navigable waterways other than into or through approved
on-site containment areas.
g. Storage Areas
All outdoor storage of
recyclable materials shall be in leak-proof containers or located on a paved
area that is designed to capture all potential runoff associated with the
stored material. Runoff shall be handled in a manner that is in conformance
with Local, State, and Federal regulations.
h. SWA Permit
Verification that the Applicant has obtained a permit from and
posted a bond with the SWA prior to Final Site Plan approval or Building
Permit, whichever occurs first.
a. Definition
An establishment engaged in industrial, scientific, or medical
research, testing, and analysis.
b. Typical Uses
Typical uses include natural science/manufacturing research
facilities, bioscience research/biotechnology, and product testing/quality
control facilities.
c. Overlay – Bioscience Research
Protection Overlay (BRPO)
A Research and Development establishment located in the BRPO
shall not be subject to the limitations of Table
4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners
Approval.
d. Outdoor Activities
Outdoor manufacturing, processing, or testing shall be limited
to industrial zoning districts only.
a. Definition
An establishment used primarily for the collecting, storage, and
sale of scrap metal or discard material; or for the collecting, dismantling,
storage, and salvaging of machinery or vehicles not in running condition; or
for the sale of parts thereof. Salvage may also include architectural salvage
which consists of building materials and fixtures recovered prior to the
demolition of buildings or structures.
b. Approval Process
Architectural salvage may be allowed subject to DRO approval in
the following zoning districts:
1) IL or IG with
an IND FLU designation; [Ord. 2023-011]
2) MUPD with an
IND FLU designation; or,
3) IND/L or IND/G
Pod of a PIPD.
a. Definition
The use of a portion of an establishment for the temporary
storage of operable or inoperable vehicles in conjunction with a commercial
towing service. This shall not include retail sales, repair, or salvage of
towed vehicles occurring within the storage area.
a. Definition
An establishment which provides services primarily for transient
commercial vehicle operators, such as fueling, day, and overnight parking. A
Truck Stop may also serve other travelers.
b. Location
Shall have a minimum of
200 linear feet of the front or side street property line adjacent to an
Arterial Street. [Ord. 2021-006]
c. Lot Size
Shall be a minimum of five acres.
d. Setbacks
Parking areas, parking
spaces, maneuvering areas, and drive aisles, shall be set back a minimum of 200
feet from any existing residential use, zoning district, or FLU designation.
e. Landscaping
Incompatibility Buffers
shall be required adjacent to an existing residential use, zoning district, or
FLU designation. The buffer shall include a six-foot-high berm with a six-foot-high
opaque wall or fence installed at the plateau of the berm. Variances may
be requested from these requirements.
f. Collocated Uses
For purposes of this Section, collocated uses shall mean a use
that is mainly oriented to serving transient commercial vehicle operators. The
following collocated uses shall be allowed in conjunction with a Truck Stop
subject to DRO approval:
1) Type 1
Restaurant;
2) Type 2
Restaurant;
4) Car Wash;
5) Hotel or Motel;
6) Personal
Services;
7) Financial
Institution;
8) Financial
Institution with Drive-Through Facilities;
9) Financial
Institution – Freestanding ATM;
10) Gas and Fuel Sales,
Retail;
11) Laundry Service;
and,
12) Retail Sales.
g. Site Design
The site shall be designed to ensure the provision of adequate
vehicular circulation and parking patterns. Collocated uses listed above shall
be designed and located to mainly serve transient commercial vehicle operators.
a. Definition
An establishment used for the storage of raw materials,
equipment, or products.
b. Typical Uses
Typical uses include moving companies, cold storage, and dead
storage facilities, but excludes Self-Service Storage facilities.
c. Overlay – WCRAO
Office/Warehouse uses shall be allowed as specified in Table 3.B.14.E,
WCRAO Sub-area Use Regulations. The Office/Warehouse development shall have
a minimum of 25 percent office space per gross floor area for each bay.
d. Zoning Districts with a CH FLU
Designation
A facility located in these zoning districts: CG, IRO, MUPD, or
Commercial Pod of a PIPD shall comply with the following additional
requirements: [Ord. 2020-001] [Ord.
2021-023]
1) Outdoor Storage
and activities shall be prohibited. [Ord.
2020-001]
e. Accessory Use
1) Office
Unless approved as a Class A Conditional Use, or as specified in
the Overlay – WCRAO standard, office space in each Warehouse bay shall be a
maximum of 30 percent of the GFA of that bay. [Ord. 2020-001]
2) General Retail
Sales shall be prohibited, except where allowed in conjunction
with flex space. [Ord. 2020-001] [Ord.
2021-006]
a. Definition
An establishment engaged in: the maintenance and display of
inventories of goods for distribution and sale of goods to other firms for
resale; or the supplying of goods to various trades such as landscapers,
construction contractors, wholesale building supplies, institutions,
industries, or professional businesses. These establishments also sort and
grade goods from large to small lots, and engage in delivery. This use excludes
vehicle sales, and the wholesaling of nursery supplies, and gas and fuel.
b. Zoning Districts with a CH FLU
Designation
A facility located in these zoning districts: CG, IRO, MUPD, or
Commercial Pod of a PIPD shall comply with the following additional
requirements: [Ord. 2020-001] [Ord.
2021-023]
1) Outdoor Storage
and activities shall be prohibited. [Ord.
2020-001]